alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2143. Utilization of personnel by Architect of the Capitol for maintenance and operation of Botanic Garden

On and after December 27, 1974, with the approval of the Joint Committee on the Library, the Architect of the Capitol may utilize personnel paid from appropriations under his control for performance of administrative and clerical duties in connection with the maintenance and operation of the United States Botanic Garden, to such extent as he may deem feasible.

(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.)

#### **Editorial Notes**

#### Codification

Section was classified to section 216b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
#### § 136.111 Notice.

The Agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the Agency, and make such information available to them in such manner as the Administrator finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this part.
#### Rodney Keith JONES, Appellant, v. UNITED STATES of America, Appellee.

No. 02-1133.

United States Court of Appeals, Eighth Circuit.

Submitted April 22, 2002.

Filed May 6, 2002.

Before McMILLIAN, BOWMAN, and BYE, Circuit Judges.

PER CURIAM.

Rodney Keith Jones appeals the district court’s1 denial of his 18 U.S.C. § 3582(c)(2) motion. As the court correctly concluded, Jones’s sentence is not affected by Amendment 599 to the Sentencing Guidelines. We therefore affirm the judgment of the district court. *See*8th Cir. R. 47B.

1

. The Honorable Dean Whipple, Chief Judge, United States District Court for the Western District of Missouri.
#### Millard F. Windsor and Another, Respondents, v. The New York Central and Hudson River Railroad Company, Appellant.

Judgment affirmed, with costs. All concurred, except Foote and Merrell, JJ., who dissented.
§ 152.9 Reconsideration. ( a ) *Reconsideration of initial grant award decisions.* We will review our decision with respect to an initial grant award decision only when the applicant asserts that we have made a material technical or procedural error in the processing of the application and can substantiate such assertions. As grants are awarded on a competitive basis, in accordance with the findings of an independent panel of experts, we cannot consider requests for reconsideration based upon the merits of an original application. Similarly, we will not consider new information provided after the submission of the original application. In the case of new information, we encourage applicants to incorporate their changed circumstances into their applications for future grant cycles.
( b ) *Reconsideration of other decisions.* We will consider requests for reconsideration of decisions other than those related to the initial grant award on their merits.
( c ) We must receive a request for reconsideration under this section within 60 days of the date of the notice of the decision for which reconsideration is requested.
( d ) Requests for reconsideration should be directed to: Assistant Administrator, Grant Programs Directorate, Assistance to Firefighters Grant Program, FEMA, 800 K Street, NW., South Tower 5th Floor, Washington, DC 20001.
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-50393

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISAAC CHARLES HUGHES,

a/k/a Ike Hughes,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-90-CR-79

- - - - - - - - - -

December 10, 1996

Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Isaac Charles Hughes, federal prisoner #52612-080, filed a

motion to modify his sentence pursuant to 18 U.S.C. § 3582(c)(2),

arguing that he was eligible for a sentence reduction based on

Amendment 484 to the sentencing guidelines. U.S.S.G. App. C,

amend. Section 3582(c)(2) authorizes a district court, in its

discretion, to reduce a defendant's sentence when the guideline
No. 96-50393

- 2 -

range applicable to the defendant has been lowered by a 

retroactive amendment, such as Amendment 484. United States v.

Towe, 26 F.3d 614, 616 (5th Cir. 1994).

In denying the motion, the district court considered the

factors set forth in 18 U.S.C. § 3553(a), which include: the

nature and circumstances of the offense; the history and

characteristics of the defendant; and the need for the sentence

imposed - to reflect the seriousness of the offense, to promote

respect for the law, to provide just punishment for the offense,

to afford adequate deterrence to criminal conduct, and to protect

the public from further crimes of the defendant. 18 U.S.C.

§ 3553(a)(1) and (2). Hughes has not shown that the district

court abused its discretion in denying his motion. United States

v. Pardue, 36 F.3d 429, 430 (5th Cir. 1994), cert. denied, 115 S.

Ct. 1969 (1995). 

AFFIRMED.
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.462 Packing materials and containers for shipment.

(a) Packing materials and containers for shipment, as defined in § 10.450(m), are to be disregarded in determining whether the non-originating materials used in the production of the good undergo an applicable change in tariff classification set out in General Note 26(n), HTSUS. Accordingly, such materials and containers do not have to undergo the applicable change in tariff classification even if they are non-originating.

(b) Packing materials and containers for shipment, as defined in § 10.450(m), are to be disregarded in determining the regional value content of a good imported into the United States. Accordingly, in applying either the build-down or build-up method for determining the regional value content of the good imported into the United States, the value of such packing materials and containers for shipment (whether originating or non-originating) is disregarded and not included in AV, adjusted value, VNM, value of non-originating materials, or VOM, value of originating materials.

# Example.

Chilean Producer A produces good C. Producer A ships good C to the United States in a shipping container which it purchased from Company B in Chile. The shipping container is originating. The value of the shipping container determined under section § 10.455(a)(2) is $3. Good C is subject to a regional value content requirement. The transaction value of good C is $100, which includes the $3 shipping container. The U.S. importer decides to use the build-up method, RVC = (VOM/AV) × 100 (*see* § 10.454(b)), in determining whether good C satisfies the regional value content requirement. In determining the AV, adjusted value, of good C imported into the U.S., paragraph (b) of this section requires a $3 deduction for the value of the shipping container. Therefore, the AV is $97 ($100-$3). In addition, the value of the shipping container is disregarded and not included in the VOM, value of originating materials.
August 25, 2016



### JUDGMENT 

## The Fourteenth Court of Appeals

VILLAGE CRESTMONT HO USTON USA, LLC AND W EST CRESTMONT

HOUSTON USA, LLC , Appellant s
NO. 14

- 16

- 00264

- CV V.

HARRIS COUNTY APPRAI SAL DISTRICT AND HAR RIS COUNTY

APPRAISAL REVIEW BOA RD , Appellee s

________________________________ Today the Court heard appellant s ’ motion to dismiss the appeal from the judgment signed by the court below on March 8, 2016. Having considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by reason of this appeal be paid by appellant s , Village Crestmont Houston USA, LLC and West Crestmont Houston USA, LLC. We further order that mandate b e issued immediately. We further order this decision certified below for observance.
### §1537. Pilot program on small government flexibility

#### (a) In general

The Director of the Office of Management and Budget, in consultation with Federal agencies, shall establish pilot programs in at least 2 agencies to test innovative, and more flexible regulatory approaches that—

(1) reduce reporting and compliance burdens on small governments; and

(2) meet overall statutory goals and objectives.

#### (b) Program focus

The pilot programs shall focus on rules in effect or proposed rules, or a combination thereof.

(Pub. L. 104–4, title II, §207, Mar. 22, 1995, 109 Stat. 67.)
#### In the Matter of the Claim of Mary B. Urban, Respondent, against Nolan Machinery Company et al., Appellants. Workmen’s Compensation Board, Respondent.

This is an appeal by employer and its insurance carrier from an award of death benefits in favor of the widow and minor children of John Urban. The only questions involved are causal relationship and dependency of a stepson. The board found that on May 22, 1944, the deceased was injured in the course of his employment and as a result sustained an inguinal hernia which later caused him to suffer from a pulmonary embolism which subsequently caused his death. The board also found that a stepson of the decedent was dependent upon him for support. The evidence sustains the findings of the board. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Hill, P. J., Heffernan, Brewster, Russell and Deyo, JJ.
### §6572. Purchases of stationery and materials for folding

Purchases of stationery and materials for folding shall be made in accordance with section 4104 of this title.

All contracts and bonds for purchases made under the authority of this section shall be filed with the Committee on Rules and Administration of the Senate.

(Mar. 3, 1887, ch. 392, §1, 24 Stat. 596; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814; Pub. L. 104–186, title II, §204(58), Aug. 20, 1996, 110 Stat. 1738; Pub. L. 113–235, div. H, title I, §1(b), Dec. 16, 2014, 128 Stat. 2525.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 112 of this title prior to editorial reclassification and renumbering as this section.

#### Amendments

2014—Pub. L. 113–235 substituted "section 4104 of this title" for "sections 4104 and 6569 to 6571 of this title".

1996—Pub. L. 104–186 struck out "or the Committee on Accounts of the House of Representatives respectively" before period at end.

1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee to Audit and Control the Contingent Expenses".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1946 Amendment

Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that the amendment made by that act is effective Jan. 2, 1947.
#### § 12.104i Enforcement.

In the customs territory of the United States, and in the U.S. Virgin Islands, the provisions of these regulations shall be enforced by appropriate customs officers. In any other territory or area within the U.S., but not within such customs territory or the U.S. Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

SAMANTHA V. ROUSSELL
, Appellant,

v.

THE BANK OF NEW YORK MELLON
, Appellee

.

No. 4D 20

- 460

[ November 19, 2020 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Barry J. Stone, Senior Judge; L.T. Case No. CACE

- 17

- 006417

.

Samantha V. Roussell, Miramar, pro se.

Nancy M. Wallace of Akerman LLP, Tallahassee, and William P. Heller of Akerman LLP, Fort Lauderdale, for appellee.

P ER C URIAM

.

Affirmed.

D AMOORGIAN

, G ERBER and K LINGENSMITH

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit
      32.2








**ESCALA
      GROUP, INC.**


**SARBANES-OXLEY
      ACT SECTION 906 CERTIFICATION**





In
      connection with this quarterly report on Form 10-Q of Escala Group, Inc. for
      the
      period ended March 31, 2006, I, Larry Crawford, Executive Vice President and
      Chief Financial Officer of Escala Group, Inc., hereby certify pursuant to 18
      U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
      that:




1.
      This
      Form 10-Q for the period ended March 31, 2006 fully complies with the
      requirements of section 13(a) or 15(d), as applicable, of the Securities
      Exchange Act of 1934; and






2.
      The
      information contained in this Form 10-Q for the period ended March 31, 2006
      fairly presents, in all material respects, the financial condition and results
      of operations of Escala Group, Inc.






Dated:  May
      9,
      2006


/s/ Larry
      Crawford


Larry
      Crawford,
      Executive Vice President and Chief Financial Officer
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO . 20-22869-CIV-UNGARO/O’SULLIVAN

KEVIN CASTILLO,

Plaintiff,

v.

PIONONOS HOLDINGS INC. d/b/a

Piononos Homemade Bakery and

CESAR UBILLUS,

Defendant.

______________________________/

ORDER APPROVING SETTLEMENT AGREEMENT AND 

RECOMMENDING THAT THE CASE BE DISMISSED WITH PREJUDICE

THIS MATTER came before the Court following a settlement conference before the

undersigned and the Court having conducted a hearing concerning the settlement. 

THE COURT has heard from counsel and considered the terms of the settlement

agreement, the pertinent portions of the record, and is otherwise fully advised in the

premises.

This case involves a claim for unpaid overtime compensation under the Fair Labor

Standards Act, 29 U.S.C. §201, et seq. ("FLSA"). In reviewing a settlement of an FLSA

private claim, a court must "scrutiniz[e] the settlement for fairness," and determine that the

settlement is a "fair and reasonable resolution of a bona fide dispute over FLSA

provisions." Lynn Food Stores v. United States, 679 F.2d 1350, 1352-53 (11th Cir. 1982). 

A settlement entered into in an adversarial context where both sides are represented by

counsel throughout litigation "is more likely to reflect a reasonable compromise of disputed

Case 1:20-cv-22869-UU Document 23 Entered on FLSD Docket 09/23/2020 Page 1 of 2
issues." Id. The district court may approve the settlement in order to promote the policy of

encouraging settlement of litigation. Id. at 1354.

In this case, there is a bona fide factual dispute over the amount of overtime for

which the plaintiff was not properly compensated. The terms of the settlement were

announced on the record in open Court. The Court has reviewed the terms of the

settlement agreement including the amount to be received by the plaintiff and the attorney’s

fees and costs to be received by counsel and finds that the compromise reached by the

parties is a fair and reasonable resolution of the parties' bona fide disputes. Accordingly,

it is

ORDERED AND ADJUDGED that the parties' settlement agreement (including

attorney’s fees and costs) is hereby APPROVED. It is further

RECOMMENDED that this case be dismissed with prejudice and that the Court

retain jurisdiction until November 9, 2020 to enforce the terms of the settlement. 

DONE AND ORDERED, in Chambers, at Miami, Florida this 23rd day of

September, 2020.

 

JOHN J. O’SULLIVAN

CHIEF UNITED STATES MAGISTRATE JUDGE

2

Case 1:20-cv-22869-UU Document 23 Entered on FLSD Docket 09/23/2020 Page 2 of 2
#### Old World Art, Inc., Respondent, v. Johan W. de R. Quistgaard, Appellant.

No opinion. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.
#### § 12.22 Labels; samples.

Each package of such products imported for sale, barter, or exchange shall be labeled or plainly marked with the name, address, and license number of the manufacturer, and the date beyond which the contents cannot be expected to yield their specific results. From each lot of product the port director shall select at random at least two final containers. The random sample together with a copy of the associated documents which describe and identify the shipment shall be forwarded to the Director, Bureau of Biologics, Food and Drug Administration, 8800 Rockville Pike, Bethesda, Md. 20014. For shipments of 20 or less final containers, samples need not be forwarded, provided a copy of an official release from the Bureau of Biologics accompanies each shipment.

[T.D. 69-201, 34 FR 14328, Sept. 12, 1969, as amended by T.D. 82-145, 47 FR 35476, Aug. 16, 1982]
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

IN THE INTEREST OF: N.I.C., A MINOR

PETITION OF: C.C. :

:

:

:

: No. 717 MAL 2018

Petition for Allowance of Appeal from the Order of the Superior Court

IN THE INTEREST OF: J.I.C., A MINOR

PETITION OF: C.C. :

:

:

:

: No. 718 MAL 2018

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 11th day of December, 2018

, the Petition for Allowance of Appeal

is DENIED

.
#### Gilbert Mautz, Respondent, v. Consolidated Rendering Company and Others, Appellants.

Appeal dismissed unless appellants file and serve briefs within the times specified in the order entered, pay ten dollars to respondent’s attorney, and stipulate that the case may be argued on May 25, 1915.
### §658. Citations

#### (a) Authority to issue; grounds; contents; notice in lieu of citation for de minimis violations

If, upon inspection or investigation, the Secretary or his authorized representative believes that an employer has violated a requirement of section 654 of this title, of any standard, rule or order promulgated pursuant to section 655 of this title, or of any regulations prescribed pursuant to this chapter, he shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rule, regulation, or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The Secretary may prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety or health.

#### (b) Posting

Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the Secretary, at or near each place a violation referred to in the citation occurred.

#### (c) Time for issuance

No citation may be issued under this section after the expiration of six months following the occurrence of any violation.

(Pub. L. 91–596, §9, Dec. 29, 1970, 84 Stat. 1601.)
§ 113.12 Bond approval. ( a ) *Single transaction bonds.* Single transaction bonds will be approved by the Revenue Division or the director of the port where filed.
( b ) *Continuous bonds.* Continuous bonds must be approved by the Revenue Division. Only one continuous bond for a particular activity will be authorized for each principal.
[CBP Dec. 15-15, 80 FR 70163, Nov. 13, 2015]
### §1816b. Architect of the Capitol, authority for personal services contracts with legal entities

Notwithstanding any other provision of law, the Architect of the Capitol is authorized to contract for personal services with any firm, partnership, corporation, association, or other legal entity in the same manner as he is authorized to contract for personal services with individuals under the provisions of section 6101 of title 41.

(Pub. L. 96–558, Dec. 19, 1980, 94 Stat. 3263.)

#### **Editorial Notes**

#### Codification

In text, "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Section was classified to section 6a–2 of former Title 41, prior to the enactment of Title 41, Public Contracts, by Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3677.

#### **Statutory Notes and Related Subsidiaries**

#### Authorizing Payments Under Service Contracts During the Coronavirus Emergency

Pub. L. 116–136, div. B, title IX, §19005, Mar. 27, 2020, 134 Stat. 578, as amended by Pub. L. 116–159, div. A, §159(3), Oct. 1, 2020, 134 Stat. 722, provided that:

"(a) Authorizing Payments.—Notwithstanding section 3324(a) of title 31, United States Code, or any other provision of law and subject to subsection (b), if the employees of a contractor with a service contract with the Architect of the Capitol are furloughed or otherwise unable to work during closures, stop work orders, or reductions in service arising from or related to the impacts of coronavirus, the Architect of the Capitol may continue to make the payments provided for under the contract for the weekly salaries and benefits of such employees until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic.

"(b) Availability of Appropriations.—The authority of the Architect of the Capitol to make payments under the authority of subsection (a) is subject to the availability of appropriations to make such payments.

"(c) Regulations.—The Architect of the Capitol shall promulgate such regulations as may be necessary to carry out this section."

[For definition of "coronavirus" as used in section 19005 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.]