alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 10

#### Editorial Note:

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

#### § 10.2001 Scope.

This subpart implements the duty preference and related customs provisions applicable to imported and exported goods under the United States-Panama Trade Promotion Agreement (the PANTPA) signed on June 28, 2007, and under the United States-Panama Trade Promotion Agreement Implementation Act (“the Act”), Public Law 112-43, 125 Stat. 497 (19 U.S.C. 3805 note). Except as otherwise specified in this subpart, the procedures and other requirements set forth in this subpart are in addition to the customs procedures and requirements of general application contained elsewhere in this chapter. Additional provisions implementing certain aspects of the PANTPA and the Act are contained in parts 24, 162, and 163 of this chapter.
#### The People of the State of New York ex rel. George Small, Appellant, against Francis C. Shaw, as Director of Dannemora State Hospital, Respondent.

Third Department,

November 14, 1951.

. *George*Small, appellant in person.

*Nathaniel L. Goldstein^ Attorney-General (Wendell P. Brown, Solicitor-¿General, Herman N. Harcourt*and *Raymond'B. Madden*of counsel), for respondent.

Brewsteb, J;

In this habeas corpus proceeding relator attacks that part "..óf' the sentence and judgment under which he is imprisoned which imposed upon him an additional punishment of..teii years’ imprisonment under section 1944 of the Penal Law, ■for -having been “ armed ” in the commission of the felony whereof he was convicted after trial by jury. His conviction in- question Was for an unlawful escape from State Prison at Atibttrn, N. Y., and the indictment therefor did not charge that he was *“*armed ” during its commission. His contention is that Amt having' been so charged the trial court was wholly without jurisdiction to have imposed the additional punishment. . While we "take the view that in ¡this ea-se: the office of the writ survives *60to determine the matter *(People ex rel. Romano*v. *Brophy,*280 N. Y. 181), we find no merit in his contention. The act of being *“*armed ” in the commission of a felony as specified in the statute (Penal Law, § 1944), in and of itself is no part of the felony and is not made a crime. *(People*v. *Krennen,*264 N. Y. 108.) The statute constitutes it an aggravation of the committed felony which while not affecting its nature or grade, calls forth punishment in addition to that elsewhere prescribed for it. Whether or not the aggravating circumstance is charged in the indictment it must, of course, have a factual basis in proof and a reviewable record made thereof to authorize the infliction of the additional punishment. *(People*v. *Caruso,*249 N. Y. 302, 306; *People ex rel. Romano*v. *Brophy, supra.)*In a case where the conviction is by a plea of guilty to a felony which is not charged as having been committed while *61*armed ’ ’ as specified, the procedural rule has been declared that, “ the judge makes the necessary inquiry to determine whether the increased punishment should be inflicted.” *(People*v. *Krennen, supra,*p. 109.) Such necessary inquiry, requisite proof and record thereof, may be afforded in the testimony on the trial of the accused. That was the situation here as disclosed by the record. Relator has not shown that he is unlawfully held under the sentence and judgment he has attacked. The order should be affirmed.

Foster, P. J., Heeeernan, Bergan and Coon, JJ., concur.

Order affirmed.
#### SECURITY STATE BANK OF BERESFORD, Appellant, v. WEEKS, Respondent.

(193 N. W. 60.)

(File No. 5023.

Opinion filed April 3, 1923.)

Appeal from 'Circuit Court, Turner County; Hon. J-ohn T. Medin, Judge.

Action by the Security State Bank of -Beresford against Henry Weeks. Judgment for defendant, and plaintiff appeals.

Affirmed.

*Caldwell & Caldwell,*of Sioux Falls, for Appellant.

*Bogue & Bogue,*of Parker, and *A. B. Carlson■,*of Canton, for Respondent.

POLLEY, J.

The material issues in this case are in all re■spects similar to the issues in State Bank of Alcester v. Weeks, recently decided by this court and reported in 44 S'. D. 639, 189 N. W. 941, and on petition for rehearing in 190 N. W. 806; and, ■ ■upon the authority of that case, the judgment and order appealed from in this case are affirmed.

Note — Reported in 193 N. W. 60. See Agency, 2 C. J. Sec. 665, ■Corporations, 14A, C. J. Sec. 2257.
<PAGE>

                                                                    EXHIBIT 10.2


Convergent Communications(TM)                            Proprietary Information


                 Amendment 1 to Employment Services Agreement

1.   Original Agreement.  The Company and Employee have entered into an
Employment Services Agreement dated effective March 9, 2000 ("Agreement"). This
Amendment is entered into effective April 17, 2000.

2.   Modifications.  The Company and Employee agree to the following additions,
changes and amendments to the Agreement:

Section Reference       Additions, Changes or Amendments
                        Company and Employee acknowledge that for purposes of
    3.6                 this Agreement, the Company will provide temporary
(Amendment)             living and furniture storage as described in Section 3.6
                        for a period of one (1) year from the date of Employee's
                        employment.


                        Company agrees to pay down Employee's first residential
    3.7                 mortgage interest rate to 7% on Employee's first
   (new)                residence purchased in the Denver metropolitan area;
                        provided, that (i) the mortgage obtained by Employee is
                        satisfactory to Company and is less than $1 million,
                        (ii) this section shall not apply to any subsequent
                        residences purchased by Employee or any subsequent
                        mortgages obtained by Employee, and (iii) this section
                        shall only apply during the Term of Employee's
                        employment with the Company.


3.   Part of Agreement.  This Amendment is a part of the Agreement.

4.   Other Terms and Conditions.  All other terms and conditions of the
Agreement shall remain in full force and effect, as if fully stated herein.

5.   Capitalized Terms.  Capitalized terms, and other defined terms, shall have
the same meaning as that accorded to them in the Agreement, unless the context
requires otherwise.

6.   Conflict.  If there are any conflicting terms or conditions between the
terms and conditions of this Amendment and the terms and conditions of the
Agreement, the terms and conditions of this Amendment shall control.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
shown above.

CONVERGENT COMMUNICATIONS, INC.         BRIAN R. ERVINE
(Company)                               (Employee)


By: /s/ Joseph R. Zell                   /s/ Brian R. Ervine
   ________________________________     ________________________________

Title: Chief Executive Officer
      _____________________________
#### § 400.110 Amendments.

The Board's rules in this chapter may be adopted or amended, or new rules may be adopted, only by majority vote of the Board.

[65 FR 70293, Nov. 22, 2000]
#### James Condon, an Infant, etc., Respondent, v. H. C. Stowe Construction Company, Appellant.

Motion denied, without costs, and case ordered placed at the foot of the present calendar. Present — Jenks, P. J., Burr, Carr, Rich and Putnam, JJ.
<PAGE>
                                                                    EXHIBIT 99.A

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report on Form 10-Q for the period ending
March 31, 2003, of GulfTerra Energy Partners, L.P. (the "Company") as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert G. Phillips, Chairman of the Board and Chief Executive Officer, certify
(i) that the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.


                                       /s/ ROBERT G. PHILLIPS
                                       --------------------------------
                                       Robert G. Phillips
                                       Chairman of the Board and
                                       Chief Executive Officer
                                       (Principal Executive Officer)
                                       GulfTerra Energy Company L.L.C.,
                                       general partner of GulfTerra
                                       Energy Partners, L. P.

                                       May 15, 2003


A signed original of this written statement required by Section 906 has been
provided to GulfTerra Energy Partners, L.P. and will be retained by GulfTerra
Energy Partners, L.P. and furnished to the Securities and Exchange Commission or
its staff upon request.
Exhibit 32.1


                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002



In connection with  the Annual  Report  of Sunburst Acquisitions  III,  Inc.
(the "Company") on  Form  10-K  for  the  period   ending   August 31,  2004
(the  "Report"), I, Jay Lutsky, Principal Executive Officer of the  Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant  to Section
906 of the Sarbanes-Oxley Act of 2002, that:

1) The Report fully complies with the requirement of Section 13(a) or 15 (d)
of the Securities Exchange Act of 1934; and

2) The information contained in the  Report fairly presents, in all material
respects, the Company's financial position and results of operations.




/s/ Jay Lutsky
-----------------------
Jay Lutsky
Principal Executive Officer

February 7, 2005


                                                                 Exhibit 32.2


                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002



In connection with  the Annual  Report  of Sunburst Acquisitions  III,  Inc.
(the "Company") on  Form  10-K  for  the  period   ending   August 31,  2004
(the  "Report"),  I, Michael R. Quinn,  Principal  Financial  Officer of the
Company,  certify, pursuant  to 18 U.S.C. Section 1350, as adopted  pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1) The Report fully complies with the requirement of Section 13(a) or 15 (d)
of the Securities Exchange Act of 1934; and

2) The information contained in the  Report fairly presents, in all material
respects, the Company's financial position and results of operations.




/s/ Michael R. Quinn
-----------------------
Michael R. Quinn
Principal Financial Officer

February 7, 2005
**  National Voluntary Laboratory Accreditation Program (NVLAP) > Directory

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#### Olga W. Carney, Respondent, v. City of New York, Appellant.

Judgment unanimously affirmed, with costs. Ho opinion. Present — Peck, P. J., Glennon, Cohn, Van Voorhis and Shientag, JJ.
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

Diane Screnci (Phone: 610/337-5330)(e-mail: dps@nrc.gov)

Neil Sheehan (Phone: 610/337/5331)(e-mail: nas@nrc.gov)

No. I-00-04

January 14, 2000

NRC, CONNECTICUT PANEL TO DISCUSS MILLSTONE PROGRAMS ON JAN. 20

Nuclear Regulatory Commission staff will hold a joint meeting with the Connecticut

Nuclear Energy Advisory Council (NEAC) on Thursday, January 20, to discuss the Safety

Conscious Work Environment and Employee Concerns programs at the Millstone nuclear power

plant. Both programs have received heightened NRC scrutiny in recent years at Millstone, which

is located in Waterford, Conn., and operated by Northeast Utilities.

The meeting will begin at 7 p.m. at Waterford Town Hall, 15 Rope Ferry Road in

Waterford. It will be open to the public for observation. NRC staff will be available after the

meeting to answer questions from members of the public.

NEAC, whose members were appointed by the state Legislature, was established to,

among other things, keep state officials and citizens apprised of safety issues relating to nuclear

power plants in Connecticut.

##
#### § 122.82 Bond requirements.

A bond on Customs Form 301, containing the bond provisions set forth in subpart G of part 113 of this chapter, shall be filed before an aircraft is given a permit to proceed with residue cargo under this subpart. The bond shall be filed in the correct amount with the director of the entry airport.
### §117b–1. Transferred

#### **Editorial Notes**

#### Codification

Section 117b–1 was editorially reclassified as section 6517 of this title.
6th June, 2001

LETTER OF INTENT - VARIATION OF LEASE

Difran Pty Ltd
ACN 010 251 493
(Landlord)

Progen Industries Ltd
ACN 010 975 612
(Tenant)

Lease means the lease between the Landlord and the Tenant registered at the
Department of Natural Resources as Lease No. 702700236.

Promises means 2806 Ipswich Rd, Darra, Old Lot 2 in RP 172202, County of
Stanley, Parish of Oxley.

Progen has engaged Fitout an Maintenance Concepts Pty Ltd to carry out works on
the above site as per the attached drawings, for the purpose of providing
additional office space.

Difran agrees to contribute $29,000 to the cost of these works and indemnifies
Progen of any liability to pay this amount.

Fitout and Maintenance Concepts Pty Ltd will bill Diran directly for this
amount.

The parties also agree to:
     a)   extend the term of the lease from 29 March 2002 to 29 March 2004
     b)   change the option of renewal for a further period from five years from
          the current expiration date [29 March 2002] to three years from the
          new expiration date [29 March 2004].
     c)   in the event of Progen not exercising the above option, Progen will
          pay the landlord $15,000 in addition to the regular lease payments.


This letter of intent outlines the terms and conditions agreed to by the above
parties with respect to the above works.  A formal variation of lease
incorporating these terms and replacing the variation of lease currently in
force will be drawn up and executed as soon as possible.

Signed


/s/ Lewis Lee      /s/ Charles Furness  /s/ Michael Calvisi  /s/ Frank Calvisi
-----------------  -------------------  -------------------  ------------------
Lewis Lee          Charles Furness      Michael Calvisi      Frank Calvisi
Managing Director  CFO and Secretary    Director             Director
Progen Industries  Progen Industries    Difran Pty Ltd       Difran Pty Ltd
Ltd                Ltd


Progen
Industries Limited
A.C.N. 010 975 612


<PAGE>
### §31a–4. Transferred

#### **Editorial Notes**

#### Codification

Section 31a–4 was editorially reclassified as section 6160 of this title.
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 97-099 FOR IMMEDIATE RELEASE

(Tuesday, July 1, 1997)

NOTE TO EDITORS:

The Nuclear Regulatory Commission has received five reports

from its Advisory Committee on Reactor Safeguards. The reports,

in the form of letters, provide comments on:

1) Proposed final generic letter, "Assurance of Sufficient

Net Positive Suction Head for Emergency Core Cooling and

Containment Heat Removal Pumps."

2) Regulatory guidance for implementation of digital

instrumentation and control systems.

3) Proposed regulatory approach associated with steam

generator integrity.

4) Proposed generic letter, "Potential for Degradation of

the Emergency Core Cooling System and the Containment Spray

System After a Loss-of-Coolant Accident Because of Construction

and Protective Coating Deficiencies and Foreign Material in the

Containment."

5) Proposed staff position regarding inclusion of a

containment spray system in the AP600 design.

Copies of the reports are available through the NRC's Office

of Public Affairs, the NRC's Internet Homepage

(http://www.nrc.gov/ACRSACNW) and the Public Document Room in

Washington, D.C.

#
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 21-11590

Non-Argument Calendar

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

TIMOTHY LAMAR THOMAS, 

Defendant-Appellant.

____________________

Appeal from the United States District Court

for the Northern District of Georgia

D.C. Docket No. 1:18-cr-00036-ELR-JSA-1

____________________

USCA11 Case: 21-11590 Date Filed: 02/28/2022 Page: 1 of 2
2 Opinion of the Court 21-11590

Before WILSON, LAGOA and ANDERSON, Circuit Judges.

PER CURIAM:

The Government’s motion to dismiss this appeal pursuant 

to the appeal waiver in Appellant’s plea agreement is GRANTED.

See United States v. Bushert, 997 F.2d 1343, 1350–51 (11th Cir. 

1993) (sentence appeal waiver will be enforced if it was made 

knowingly and voluntarily); United States v. Grinard-Henry, 399 

F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error).

USCA11 Case: 21-11590 Date Filed: 02/28/2022 Page: 2 of 2
BY EMAIL

Paulino A. Nuñez, Jr.

Rodriguez Tramont & Nuñez, P.A.

255 Alhambra Circle, Suite 1150

Coral Gables, Florida 33134

pan@rtgn-law.com

James L. Berenthal

Berenthal & Associates, P.A.

777 Third Avenue, Suite 22D

New York, NY 10017-1426

jlb@berenthalaw.com

Allen & Overy LLP

One Bishops Square

London E1 6AD United Kingdom

Tel +44 (0)20 3088 0000

Fax +44 (0)20 3088 0088

alice.englehart@allenovery.com

Our ref ACE/LIZS/0051667-0000415 NYO1: 2000159704

30 April 2020

Dear Sirs

Threatened Litigation under the U.S. Helms-Burton Act

On 3 April 2020, our client Imperial Brands PLC ("Imperial") received your letter dated 31 March 2020. 

Imperial will vigorously defend the threatened claims on all applicable grounds, and nothing in this letter 

waives any of Imperial's defences, including as to personal jurisdiction and service, all of which are 

reserved (and, for the avoidance of doubt, we are not authorised to accept service). We make two threshold

points.

First, in addition to Imperial, you addressed your letter to Altabana, S.L. and Corporación Habanos, S.A., 

in both cases, "c/o Imperial Brands PLC." Those two corporations are incorporated and managed separately

from Imperial, and neither of them does business at the United Kingdom address to which you sent your 

letter. 

Second, our investigation reveals that no one is "trafficking" in the factory located at 1255 23rd Street, el 

Vedado, Havana, Cuba. To the contrary, as several publicly available sources confirm, that factory is in a 

state of disrepair and has therefore been closed for the better part of a decade. Notably, none of the evidence 

referenced in your letter reflects any activity later than 2013, and in relation to the article which you suggest 

confirms that the premises were being used for cigar production in 2013, the location of the factory cited 

is not named. We presume you will be aware from public sources that the "H. Upmann" factory had moved 

premises by then. 

We trust that you will not file a claim in circumstances where you are unable to make a good-faith allegation 

of compliance with 22 U.S.C. § 6084, which provides that a Helms-Burton claim "may not be brought more 

than 2 years after the trafficking giving rise to the action has ceased to occur."

All of Imperial's rights, defences, arguments, and positions are reserved.

Yours faithfully

Allen & Overy LLP

Case 1:20-cv-23287-DPG Document 14-9 Entered on FLSD Docket 08/28/2020 Page 1 of 1
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.                  

###### Department of Justice

###### Antitrust Division

                    Notice if hereby given that, on September 17, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq*. (“the Act”), the Steel Door Institute (“SDI”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: Steel Door Institute, Cleveland, OH. The nature and scope of SDI's standards development activities are: SDI acts as secretariat for the ANSI A250 Committee, which develops standards for dimension, nomenclature, construction, performance, testing, and installation of steel doors and frames used in residential and commercial construction.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-23778  Filed 10-22-04; 8:45 am]

BILLING CODE 4410-11-M