alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cecilio Surillo DELEON, Petitioner-Appellant, v. DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

Docket No. 01-2094.

United States Court of Appeals, Second Circuit.

May 28, 2002.

Cecilio Surillo Deleon pro se, Hartford, CT, for Appellant.

James A. Killen, Supv. Ass’t State’s Att’y, Rocky Hill, CT, for Appellee.

Present VAN GRAAFEILAND, KEARSE and B.D. PARKER, Jr., Circuit Judges.

*SUMMARY ORDER*

This cause came on to be heard on the record from the United States District Court for the District of Connecticut, and was submitted by petitioner *pro se*and by counsel for respondent.

ON CONSIDERATION WHEREOF, it is now hereby ordered, adjudged, and decreed that the judgment of said District Court be and it hereby is affirmed substantially for the reasons stated in Judge Thompson’s Ruling on Petition for Habeas Corpus, dated January 3, 2001. The relevant state-court ruling neither “was contrary to,” nor “involved an unreasonable application of ...” clearly established federal law, 28 U.S.C. § 2254(d)(1), as determined by the Supreme Court of the United States, *see generally Williams v. Taylor,*529 U.S. 362, 413, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

Issues argued by petitioner on appeal that were not raised in the district court are not properly before us, and the record here does not indicate that they must be entertained in the interests of justice. *See generally Singleton v. Wulff,*428 U.S. 106, 121, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976).

We have considered all of petitioner’s contentions that are properly before us and have found them to be without merit. The judgment of the district court is affirmed.
#### In the Matter of Hamilton Place.

Reference ordered. Present ■— Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ.
### §333a. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 98–51, title I, §112, July 14, 1983, 97 Stat. 270; Pub. L. 104–186, title II, §204(16), Aug. 20, 1996, 110 Stat. 1732, regarding limits on uses of funds provided under former section 333, was omitted from the Code as duplicative. See Limits on Uses of Funds note under section 5103 of this title.
#### § 122.66 Clearance or permission to depart denied.

If advance electronic air cargo information is not received as provided in § 192.14 of this chapter, Customs and Border Protection may deny clearance or permission for the aircraft to depart from the United States.

[CBP Dec. 03-32, 68 FR 68173, Dec. 5, 2003]
<PAGE>   1

                               BOCA RESEARCH, INC.

                   EXHIBIT 11 - CALCULATION OF SHARES USED IN
                        DETERMINING NET INCOME PER SHARE
                                   (UNAUDITED)

                                 MARCH 31, 1998

<TABLE>
<CAPTION>
                                                           THREE MONTHS ENDED
                                                             MARCH 31, 1998
                                                           ------------------
<S>                                                        <C>

Shares outstanding at January 1, 1998 ..................       8,725,079
Shares issued January 1, 1997 in
  connection with the 1992 Employee
  Stock Purchase Plan ..................................          16,578
                                                               ---------
Weighted average shares outstanding ....................       8,741,657
                                                               =========
</TABLE>



                                 MARCH 31, 1997

<TABLE>
<CAPTION>
                                                           THREE MONTHS ENDED
                                                             MARCH 31, 1997
                                                           ------------------
<S>                                                        <C>

Shares outstanding at January 1, 1997 ..................       8,678,883
Shares issued January 1, 1997 in
  connection with the 1992 Employee
  Stock Purchase Plan ..................................          12,178
Shares issued in connection with a
  non-qualified stock option plan ......................          17,908
                                                               ---------
Weighted average shares outstanding ....................       8,708,969
                                                               =========
</TABLE>
#### In re: Hamid S. VOSSOUGHI, aka Harry Vossoughi Debtor, Hamid S. Vossoughi, Appellant, v. Martha G. Bronitsky, Chapter 13 Trustee, Appellee.

No. 01-15666.

BAP No. NC-99-01624-PKR.

United States Court of Appeals, Ninth Circuit.

Submitted May 13, 2002 *.

Decided May 28, 2002.

*649Before FERNANDEZ, RYMER, and WARDLAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Hamid S. Vossoughi appeals pro se the Bankruptcy Appellate Panel’s (“BAP”) order denying his motion to reconsider its decision affirming the bankruptcy court’s judgment dismissing his Chapter 13 action ■with prejudice as filed in bad faith. We have jurisdiction pursuant to 28 U.S.C. § 158(d) and affirm.

We review the denial of a motion to reconsider for abuse of discretion. *Hammer v. Drago (In re Hammer),*940 F.2d 524, 525 (9th Cir.1991).

The BAP did not abuse its discretion when it denied Vossoughi’s motion to reconsider because the bankruptcy court made its findings of fact and conclusions of law orally and Vossoughi failed to provide the BAP with the pertinent transcripts or any basis for reviewing the bankruptcy court’s decision. *See McCarthy v. Prince (In re*McCarthy), 230 B.R. 414, 416 (9th Cir.BAP1999).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
### §259. Reliance in future on administrative rulings, etc.

(a) In any action or proceeding based on any act or omission on or after May 14, 1947, no employer shall be subject to any liability or punishment for or on account of the failure of the employer to pay minimum wages or overtime compensation under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act,1 if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administrative regulation, order, ruling, approval, or interpretation, of the agency of the United States specified in subsection (b) of this section, or any administrative practice or enforcement policy of such agency with respect to the class of employers to which he belonged. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, interpretation, practice, or enforcement policy is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.

(b) The agency referred to in subsection (a) shall be—

(1) in the case of the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.]—the Administrator of the Wage and Hour Division of the Department of Labor;

(2) in the case of the Walsh-Healey Act—the Secretary of Labor, or any Federal officer utilized by him in the administration of such Act; and

(3) in the case of the Bacon-Davis Act 1—the Secretary of Labor.

(May 14, 1947, ch. 52, §10, 61 Stat. 89.)

#### **Editorial Notes**

#### References in Text

The Fair Labor Standards Act of 1938, as amended, referred to in text, is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of this title. For complete classification of this Act to the Code, see section 201 of this title and Tables.

The Walsh-Healey and Bacon-Davis Acts, referred to in text, are defined for purposes of this chapter in section 262 of this title.

#### **Executive Documents**

#### Transfer of Functions

Functions relating to enforcement and administration of equal pay provisions vested by subsec. (b)(1) of this section in Administrator of Wage and Hour Division of Department of Labor transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, §1, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

For transfer of functions of other officers, employees, and agencies of Department of Labor, with certain exceptions, to Secretary of Labor, with power to delegate, see Reorg. Plan No. 6, of 1950, §§1, 2, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.

1 See References in Text note below.
#### § 3137.62 What are my liabilities as a former unit operator?

You are responsible for all duties and obligations of the unit agreement that accrued while you were unit operator up to the date BLM approves a new unit operator.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

# AGENCY HOLDING THE MEETING:

Board of Governors of the Federal Reserve System.

# TIME AND DATE:

11:30 a.m., Monday, October 25, 2004.

# PLACE:

Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551.

# STATUS:

Closed.

# MATTERS TO BE CONSIDERED:

1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees.

2. Any items carried forward from a previously announced meeting.

# FOR FURTHER INFORMATION CONTACT:

Michelle A. Smith, Director, Office of Board Members; 202-452-2955.

# SUPPLEMENTARY INFORMATION:

                        You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at                         *http://www.federalreserve.gov*                         for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting.                    

Board of Governors of the Federal Reserve System, October 15, 2004.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 04-23544 Filed 10-15-04; 4:43 pm]

BILLING CODE 6210-01-S
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       1,234,135
<SECURITIES>                                         0
<RECEIVABLES>                               14,911,106
<ALLOWANCES>                                   522,896
<INVENTORY>                                          0
<CURRENT-ASSETS>                            23,534,883
<PP&E>                                      41,244,835
<DEPRECIATION>                               9,664,017
<TOTAL-ASSETS>                             178,966,143
<CURRENT-LIABILITIES>                       14,623,186
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 22,365,462
<COMMON>                                        38,840
<OTHER-SE>                                  48,899,254
<TOTAL-LIABILITY-AND-EQUITY>               178,966,143
<SALES>                                     18,666,426
<TOTAL-REVENUES>                            18,666,426
<CGS>                                       15,092,223
<TOTAL-COSTS>                               15,092,223
<OTHER-EXPENSES>                               (4,258)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,089,908
<INCOME-PRETAX>                            (1,613,881)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,613,881)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (24,111,650)
<EPS-BASIC>                                     (1.28)
<EPS-DILUTED>                                   (1.28)


</TABLE>
§ 113.23 Changes made on the bond. ( a ) *Definition of the types of changes* — ( 1 ) *Modification or interlineation.* Modifications or interlineations are changes which go to the substance of the bond, or are basic revisions of the bond.
( 2 ) *Alterations or erasures.* Alterations or erasures consist of minor changes, such as the correction of typographical errors, or change of address, which do not go to the substance, or result in basic revision of the bond.
( b ) *Prior to signing.* When erasures, alterations, modifications, or interlineations are made on the bond prior to its signing by the parties to the bond, a statement by an agent of the surety company or by the personal sureties to that effect must be placed upon the bond.
( c ) *After signing.* If erasures or alterations are made after the bond is signed, but prior to the approval of the bond by CBP, the consent of all the parties must be written on the bond. Except in cases where a change in the bond is expressly authorized by regulation, or by the Commissioner, no modification or interlineation may be made on the bond after execution. When a modification or interlineation is desired, a new bond will be executed.
( d ) *After approval of the bond by CBP.* Except in cases where a change in the bond is expressly authorized by regulations, or instructions from the Commissioner, the port director may not permit a change as defined in paragraph (a) of this section after the bond has been approved by CBP. When changes are desired, a new bond is required, which, when approved, will supersede the existing bond.
[T.D. 84-213, 49 FR 41171, Oct. 19, 1984; 49 FR 44867, Nov. 9, 1984, as amended by CBP Dec. 15-15, 80 FR 70164, Nov. 13, 2015]
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane lunani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T J O SE M A U RI CI O SA LA ZA RC A R R A N Z A , a .k .a . J o e S a la z ar , Jr ., P et i t i on er , v. E R I C H . H O L D E R , Jr ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 11- 72137 A ge nc yN o. A 023- 075- 675 ME MOR AN DU M *

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the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d M ar c h 12, 2013 ** B efo re: P R E G E R S O N , R E IN H A R D T , an dW . F L E T C H E R , C i rcu i tJu d g es. Jose M auri ci o S al az ar -C arranza, a nat i ve and ci t i ze n o f E lS al vado r, pe t i t i ons f

orr e vi e w of

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I m m i gr a t i on A ppe a l s ’ ( “ B I A ” ) or de rde ny i ng



# FI LED MA R 21 2013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS11- 72137 2 h i s m o t i o n t o reo p en rem o v al p ro ceed i n g s. O u r j u ri sd i ct i o n i s g o v ern edb y 8 U .S .C . § 1 2 5 2 . W e d is m is s th e p e titio n f o rr e v ie w . W e la c kju r is d ic tio n to r e v ie w th e B I A ’s o r d e rb e c au s e S a la z ar - C arr an z ais r e m ovabl e f

oran a ggr ava t e d f

e l onyc r i m e of

vi ol e nc e ba s e d on hi s c onvi c t i on f or s e c o n d - d e g r e e r o b b e ryin v io la tio n o f C a lif o rn iaP e n a l C o d e § 2 1 1 . See 8 U . S. C. § 1 2 5 2 ( a ) ( 2 ) ( C ) ; U

n ite d Sta tes v . McD o u gh e r ty , 92 0 F . 2d56 9, 57 3-74 (9th C i r. 1990) ( c onvi c t i on unde rC a l i f orni aP e na lC ode § 211 i s c a t e gor i c a l l yac r i m e of vi ol ence ). S al azar-C arran za’ s ch al l en g e t o th e B IA ’ s d en i al o f h i s m o t i o n t o reo p en so thathe m aypu rs ue po st -c on vi ct i on re l i ef do es no tra i se a c ol orabl e c on st i tut i on al c la im th a t w o u ldr e s to r e o u rju r is d ic tio n u n d e r8 U .S .C . § 1 2 5 2 ( a ) ( 2 ) ( D ) . See P lan es v. H

older , 652 F . 3d 991, 996 ( 9th C i r . 2011) ( ac onvi c t i on i s f i na lf or i m m i gr a t i on purpos e s w he r e aj udgm e ntof gui l tha s be e n e nt e r e d and a p u n is h m e n t im p o s e d , e v e n w h e r e an ap p e a l o rc o lla te r a l a tta c kis p e n d in g ) . P E T I T I ON F OR RE V I E W DI S MI S S E D.
§ 332.1 General provisions. ( a ) Pursuant to section 708 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2158), the President may consult with representatives of industry, business, financing, agriculture, labor, or other interests, and may approve the making of voluntary agreements to help provide for the defense of the United States by developing preparedness programs and expanding productive capacity and supply beyond levels needed to meet essential civilian demand.
( b ) *Sponsor.* ( 1 ) As used in this part, “sponsor” of a voluntary agreement is an officer of the Government who, pursuant to a delegation or redelegation of the functions given to the President by section 708 of the Defense Production Act (DPA) of 1950, as amended, proposes or otherwise provides for the development or carrying out of a voluntary agreement.
( 2 ) The use of voluntary agreements, as authorized by section 708 of the DPA to help provide for the defense of the United States through the development of preparedness programs, is an activity coordinated by the Administrator of the Federal Emergency Management Agency, as provided by sections 101 and 501(a) of Executive Order 10480, as amended.
( 3 ) The sponsor of a voluntary agreement shall carry out sponsorship functions subject to the direction and control of the Administrator of the Federal Emergency Management Agency.
( c ) This part applies to the development and carrying out under section 708 of the DPA, as amended, of all voluntary agreements, and the carrying out of any voluntary agreement which was entered into under former section 708 of the DPA and in effect immediately prior to April 14, 1976, and which is in a period of extension as authorized by subsection 708(f)(2) of the DPA.
( d ) The rules in the part void any provision of a voluntary agreement to which they apply, if that provision is contrary to or inconsistent with them. Each voluntary agreement shall be construed as containing every substantive provision that these rules require, whether or not a particular provision is included in the agreement.
( e ) Pursuant to subsection 708(d) of the DPA, the sponsor may establish such advisory committees as he deems to be necessary for developing or carrying out voluntary agreements. Such advisory committees shall comply with this part as well as with the requirements and procedures of the Federal Advisory Committee Act (Pub. L. 92-463, as amended).
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# Agency Status

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For weather-related closures, NRC Headquarters generally follows the Operating Status guidance provided by the Office of Personnel Management (OPM) for Federal agencies in the Washington, DC, area. Operating status information from OPM is available at OPM.gov or from their FREE app, "OPM Alert.”NRC Regional Facilities and the TTC will follow the operating status guidance and instructions applicable to their geographic location.When emergency conditions for NRC Headquarters buildings necessitate a dismissal or closure due to a facility issue such as a power outage or other issue, members of the public should contact their NRC point of contact for updated operating status information.

Page Last Reviewed/Updated Thursday, February 01, 2024
###### Editorial Note on Part 134

#### Editorial Note:

Nomenclature changes to part 134 appear by CBP Dec. 16-26, 81 FR 93018, Dec. 20, 2016.

#### § 134.12 Foreign articles reshipped from a U.S. possession.

Articles of foreign origin imported into any possession of the United States outside its Customs territory and reshipped to the United States are subject to all marking requirements applicable to like articles of foreign origin imported directly from a foreign country to the United States.
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19401

Phone: 610/337-5330 Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-97-42 April 22, 1997

Contact: Diane Screnci FOR IMMEDIATE RELEASE

Neil A. Sheehan

NRC STAFF TO MEET WITH PENNSYLVANIA COMPANY

TO DISCUSS APPARENT VIOLATIONS OF REQUIREMENTS

The Nuclear Regulatory Commission staff will meet with

officials of Apgee Corporation and Berthold Systems, Inc, of

Aliquippa, Pa., on Thursday, April 24, to discuss apparent

violations of NRC requirements. The pre-decisional enforcement

conference will be held at 2 p.m. in the NRC's Region I office,

475 Allendale Road, in King of Prussia, Pa.

Apgee is authorized to possess, inspect and transfer

radioactive material in the form of sealed sources and fixed

gauges containing these sources. Apgee receives the material

from Germany, and then transfers the sealed sources and gauges to

Berthold Systems, which distributes them to customers. Both

companies occupy the same premises in Aliquippa.

During an NRC inspection at the Aliquippa facility June 11-

13 of last year, inspectors found that gauges were distributed to

customers that were not manufactured and distributed in

accordance with required sealed source and device certificates of

registration. They also found that Apgee did not conduct

quarterly audits to ensure that the registration certificate

requirements were followed.

The decision to hold a pre-decisional enforcement conference

does not mean that the NRC has determined that a violation has

occurred or that enforcement action will be taken. Rather, the

purpose is to discuss apparent violations, their causes and

safety significance; to provide the licensee an opportunity to

point out any errors that may have been made in the NRC

inspection report; and to enable the licensee to outline its

proposed corrective actions. No decision on the apparent

violations will be made at this conference. Those decisions will

be made by NRC officials at a later time.

#