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Case 0:20-cv-61620-WPD Document 62 Entered on FLSD Docket 05/14/2021 Page 3 of 3
NRC NEWS

UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov/OPA

No. II-00-71 December 8, 2000

CONTACT: Ken Clark (404)562-4416/e-mail: kmc2@nrc.gov

Roger D. Hannah (404)562-4417/e-mail: rdh1@nrc.gov

NRC STAFF CANCELS MEETING WITH GLOBAL NUCLEAR FUEL

The Nuclear Regulatory Commission staff has canceled a meeting scheduled with

representatives of Global Nuclear Fuel (formerly GE Nuclear Energy), of Wilmington, North Carolina,

on Tuesday, December 12, to discuss an apparent violation of NRC requirements related to the

company’s failure to control licensed plutonium calibration check sources.

In August of this year, Global Nuclear Fuel reported to the NRC that two sets of licensed

sources had been recorded as having been received at the facility, but could not be located. The

package containing the sources, a total of eight metal disks electroplated with plutonium-239, was not

required to be labeled because of the low levels of radioactivity. The company conducted an

unsuccessful search of its site and contacted the delivery company, which was also unable to find the

sources.

Based on a review of information received from the company, the NRC concluded that the noncompliance should be treated as a non-cited violation, eliminating the need for a meeting with Global

Nuclear Fuel. That decision was based on the low potential radiation dose to the public and the staff’s

determination that the issue meets the NRC criteria for a non-cited violation.

###
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6416

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DELROY LINDBURGH AMBURSLEY,

Defendant - Appellant.

No. 97-6744

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DELROY LINDBURGH AMBURSLEY,

Defendant - Appellant.

Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CR-93-53-H, CR-93-52-H, CA-97-51-4-H)

Submitted: September 25, 1997 Decided: October 22, 1997
2

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

No. 97-6416 affirmed and No. 97-6744 dismissed by unpublished per

curiam opinion.

Delroy Lindburgh Ambursley, Appellant Pro Se. Jane H. Jolly,

Assistant United States Attorney, Fenita Talore Morris, Assistant

United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

In these consolidated appeals, Appellant appeals the district

court's orders denying his motion for a new trial under Fed. R.

Crim. P. 33 and declining to grant recusal under either 28 U.S.C.

§ 144 (1994) or 28 U.S.C. § 455 (1994). The district court also

denied Appellant's request to hold his 28 U.S.C.A. § 2255 (West

1994 & Supp. 1997) motion in abeyance. We have reviewed the record

and the district court's opinion denying the motion for a retrial

and find no reversible error. Accordingly, we affirm that order on

the reasoning of the district court. United States v. Ambursley,

No. CR-93-53-H (E.D.N.C. Mar. 5, 1997).

With respect to the appeal of the district court's order declining to recuse itself, we dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994),

and certain interlocutory and collateral orders, 28 U.S.C. § 1292

(1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The order here appealed is neither a

final order nor an appealable interlocutory or collateral order.

Consequently, we dismiss the appeal as interlocutory. Appellant's

motion in this court to hold his 28 U.S.C. § 2255 proceedings in

abeyance pending the disposition of appeal No. 97-6416 is denied as

moot. We also deny Appellant's "Motion for Determination An[d] Petition for Order of Remand of 28 USCA 2255 Back to District Court."
4

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court

and argument would not aid the decisional process.

No. 97-6416 - AFFIRMED

No. 97-6744 - DISMISSED
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 582 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 582

 To prohibit the imposition of the death penalty for any violation of 
                  Federal law, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2021

Mr. Durbin (for himself, Mr. Leahy, Mr. Booker, Mr. Markey, Mr. Murphy, 
   Ms. Warren, Mr. Van Hollen, Ms. Hirono, Mr. Kaine, Ms. Smith, Mr. 
   Merkley, Mr. Sanders, Mr. Brown, Mr. Schatz, Ms. Klobuchar, Mrs. 
Gillibrand, Mr. Ossoff, and Ms. Baldwin) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To prohibit the imposition of the death penalty for any violation of 
                  Federal law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Death Penalty Prohibition 
Act''.

SEC. 2. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.

    (a) In General.--Notwithstanding any other provision of law, no 
person may be sentenced to death or put to death on or after the date 
of enactment of this Act for any violation of Federal law.
    (b) Persons Sentenced Before Date of Enactment.--Notwithstanding 
any other provision of law, any person sentenced to death before the 
date of enactment of this Act for any violation of Federal law shall be 
resentenced.
                                 <all>
```
-       - Superintendent of Documents
      - 2023-09-05T08:46:51-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Page 61845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23557]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality


Meeting of the National Advisory Council for Healthcare Research 
and Quality

AGENCY: Agency for Healthcare Research and Quality (AHRQ).

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: In accordance with section 10(a) of the Federal Advisory 
Committee Act, this notice announces a meeting of the National Advisory 
Council for Healthcare Research and Quality.

DATES: The meeting will be held on Friday, November 5, 2004, from 9 
a.m. to 4 p.m. and is open to the public.

ADDRESSES: The meeting will be held at the Agency for Healthcare 
Research and Quality, John M. Eisenberg Building Conference Center, 540 
Gaither Road, Rockville, Maryland 20850.

FOR FURTHER INFORMATION CONTACT: Deborah Queenan, Coordinator of the 
Advisory Council, at the Agency for Healthcare Research and Quality, 
540 Gaither Road, Rockville, Maryland 20850, (301) 427-1330. For press-
related information, please contact Karen Migdail at (301) 427-1855.
    If sign language interpretation or other reasonable accommodation 
for a disability is needed, please contact Mr. Donald L. Inniss, 
Director, Office of Equal Employment Opportunity Program, Program 
Support Center, on (301) 443-1144 no later than October 22, 2004. 
Agenda, roster, and minutes are available from Ms. Bonnie Campbell, 
Committee Management Officer, Agency for Healthcare Quality and 
Research, 540 Gaither Road, Rockville, Maryland 20850. Her phone number 
is (301) 427-1554.

SUPPLEMENTARY INFORMATION:

I. Purpose

    Section 921 of the Public Health Service Act (42 U.S.C. 299c) 
established the National Advisory Council for Healthcare Research and 
Quality. In accordance with its statutory mandate, the Council is to 
advise the Secretary of the Department of Health and Human Services and 
the Director, Agency for Healthcare Research and Quality (AHRQ), on 
matters related to actions of the Agency to enhance the quality, 
improve the outcomes, reduce the costs of health care services, improve 
access to such services through scientific research, and to promote 
improvements in clinical practice and in the organization, financing, 
and delivery of health care services.
    The Council is composed of members of the public appointed by the 
Secretary and Federal ex-officio members.

II. Agenda

    On Friday, November 5, 2004, the meeting will begin at 9 a.m., with 
the call to order by the Council Chair. The Director, AHRQ, will 
present the status of the Agency's current research, programs, and 
initiatives. The official agenda will be available on AHRQ's Web site 
at http://www.ahrq.gov no later than October 29, 2004. The meeting will 
adjourn at 4 p.m.

    Dated: October 14, 2004.
Carolyn M. Clancy,
Director.
[FR Doc. 04-23557 Filed 10-20-04; 8:45 am]
BILLING CODE 4160-90-M
#### § 144.27 Withdrawal from warehouse by transferee.

At any time within the warehousing period, a transferee who has established his right to withdraw merchandise may withdraw all or part of the merchandise covered by the transfer by filing any authorized kind of withdrawal from warehouse in accordance with subpart D of this part.
###### Editorial Note on Part 10

#### Editorial Note:

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

#### § 10.309 Verification of documentation.

Any evidence of country of origin or of direct shipment submitted in support of a preference under the Agreement shall be subject to such verification as the appropriate Customs official may deem necessary. If the U.S. importer or U.S. exporter or their agent does not provide the information requested by the appropriate Customs officer, the Center director may refuse to grant the claim for preference, in addition to other available sanctions.
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. 99-26 FOR IMMEDIATE RELEASE

(Friday, February 12, 1999)

NOTE TO EDITORS: REVIEW PANEL MEMBERS NAMED

Two NRC attorneys have been named along with Acting Chief Administrative

Judge G. Paul Bollwerk, III, of the NRC Atomic Safety and Licensing Board Panel to

conduct an independent review of the cases described in an NRC Office of Inspector

General Event Inquiry report issued December 31, 1998, as well as a related case.

The cases concern personnel actions taken by Northeast Utilities at the Millstone

nuclear power plants in Connecticut.

Those who will work with Judge Bollwerk are:

• Sara McAndrew, Attorney, NRC Office of the General Counsel, and

• Carolyn F. Evans, Regional Counsel, NRC Region II.

In addition, Alan S. Rosenthal, former Chairman, General Accounting Office

Personnel Appeals Board, and former Chairman, NRC Atomic Safety and Licensing

Appeal Panel; and Gary K. Hamer, Supervisory Investigator, U.S. Office of Special

Counsel, will serve as expert advisers to the review group.

NRC Chairman Shirley Ann Jackson recently directed the independent review

after the Commission received the Inspector General report entitled “NRC Staff’s

Handling of Harassment and Intimidation Complaints at Millstone.” The report raised a

number of questions as to how the NRC handled its investigation into certain Northeast

Utilities personnel actions and potential enforcement action concerning them. The

Millstone review team is to complete its review by March 12.

A copy of the charter for the review will be posted on the NRC Internet web page

at: http://www.nrc.gov/OPA/reports/ms.htm

###
COMPOSITE EXHIBIT 6

Case 1:20-cv-23287-DPG Document 83-6 Entered on FLSD Docket 03/23/2021 Page 1 of 3
http://www.habanos.com/en/festival-habanos-noticias/festivales/xi-festival-delhabano/galeria-de-imagenes-del-xi/

Case 1:20-cv-23287-DPG Document 83-6 Entered on FLSD Docket 03/23/2021 Page 2 of 3
http://www.habanos.com/en/festival-habanos-noticias/festivales/xi-festival-delhabano/galeria-de-imagenes-del-xi/

Case 1:20-cv-23287-DPG Document 83-6 Entered on FLSD Docket 03/23/2021 Page 3 of 3
#### §§ 162.1-162.2 [Reserved]
### §31–3. Transferred

#### **Editorial Notes**

#### Codification

Section 31–3 was editorially reclassified as section 4726 of this title.
§ 172.22 Decisions not protestable. ( a ) *Mitigation decision not subject to protest.* Any decision to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount is not a protestable decision as defined under the provisions of 19 U.S.C. 1514. Any payment made in compliance with any decision to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount is not a charge or exaction and therefore is not a protestable action as defined under the provisions of 19 U.S.C. 1514.
( b ) *Payment of mitigated or cancellation amount as accord and satisfaction.* Payment of a mitigated or cancellation amount in compliance with an administrative decision on a petition or supplemental petition for relief will be considered an election of administrative proceedings and full disposition of the case. Payment of a mitigated or cancellation amount will act as an accord and satisfaction of the Government claim. Payment of a mitigated or cancellation amount will never serve as a bar to filing a supplemental petition for relief.
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

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

I-99-70 August 24, 1999

Contact: Diane Screnci (610/337-5330) FOR IMMEDIATE RELEASE

Neil A. Sheehan (610/337-5331)

NRC PROPOSES SECOND FINE AGAINST PENNSYLVANIA MAN

FOR POSSESSING NUCLEAR GAUGES WITHOUT LICENSE

The Nuclear Regulatory Commission has proposed a $15,000

fine -- $500 a day for 30 days -- against a Havertown (Delaware

County), Pa., man for failing to properly dispose of nuclear

gauges in his possession. In addition, the NRC has issued an

order to Alfonso DeLeo Jr. imposing an earlier proposed $5,500

fine for the same violation.

DeLeo was licensed by the NRC to possess and use gauges

containing radioactive cesium-137 and americium-241. The devices

are used for various industrial and construction purposes. The

license was suspended in February 1996 for non-payment of fees.

However, an NRC inspection in April of this year disclosed that

DeLeo still had the gauges in his possession, despite repeated

notices from NRC about the need to dispose of them.

When the NRC proposed the initial $5,500 fine on June 2,

the NRC informed DeLeo he would not have to pay it if he

transferred the radioactive devices to an authorized user during

a 30-day grace period which ended August 12. But the agency also

specified that, if he failed to do so during that time, he would

face additional fines of $500 per day.

Because DeLeo still has the sources in his possession,

the NRC is moving to take additional enforcement action. In a

letter to DeLeo informing him of the latest action, NRC Region I

Administrator Hubert J. Miller said, “Daily civil penalties are

justified because you clearly have been, and continue to be,

aware that you are in violation of NRC requirements, and yet you

have failed to take effective corrective actions.”

Before imposing this $15,000 fine, the NRC also is

granting DeLeo a 30-day grace period to transfer the gauges to an

authorized user. If he does so, the NRC has informed him, he

will not have to pay the latest proposed fine. But if the gauges

are still in his possession at the end of that period, the agency

will consider additional fines of $500 per day.

#
###### Editorial Note on Part 159

#### Editorial Note:

Nomenclature changes to part 159 appear by CBP Dec. No. 16-26, 81 FR 93023, Dec. 20, 2016.

#### § 159.45 Additional duty for unauthentic claims of antiquity.

When additional duty is imposed in accordance with § 10.53 of this chapter for an unauthentic claim of antiquity, such duty shall be assessed in addition to any other duty imposed on the merchandise by law.
§ 143.39 Penalties. ( a ) *Brokers.* Brokers unable to produce records requested by Customs under this chapter will be subject to disciplinary action or penalties pursuant to part 111 or part 163 of this chapter.
( b ) *Importers.* Importers unable to produce records requested by Customs under this chapter will be subject to penalties pursuant to part 163 of this chapter.
[T.D. 98-56, 63 FR 32945, June 16, 1998]
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION I

 475 Allendale Road

 King of Prussia, PA 19406

No. I-02-038 May 14, 2002

CONTACT: Diane Screnci, (610) 337-5330 E-mail: opa1@nrc.gov

Neil A. Sheehan, (610) 337-5331

NRC, VIACOM TO DISCUSS CLEANUP OF BLOOMFIELD, N.J., FACILITY

 Nuclear Regulatory Commission staff will meet with representatives of Viacom, Inc., on

Wednesday, May 15, to discuss plans to address groundwater contamination at the company’s site in

Bloomfield, N.J. The meeting, which will be open to the public for observation, is scheduled to begin

at 10 a.m. in the Division of Reactor Safety conference room at the NRC’s Region I office in King of

Prussia, Pa.

 NRC staff will be available to answer questions from members of the public before the meeting

is adjourned.

 Viacom is seeking to terminate the NRC license for its former lamp manufacturing facility in

Bloomfield. Before that occurs, the company must provide assurances, through radiological surveys

and other means, that there is no remaining contamination that would prevent the unrestricted release

of the property.

###
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.98-56 FOR IMMEDIATE RELEASE

(Monday, April 20, 1998)

NOTE TO EDITORS:

A subcommittee of the Nuclear Regulatory Commission's Advisory Committee on

Reactor Safeguards (ACRS) has scheduled a meeting May 13-15 in Rockville,

Maryland.

The meeting, which will be open to public observation, will begin at 8:30 a.m.

each day in Room T-2B3, of the NRC's One White Flint North Building at 11545

Rockville Pike. The Subcommittee on Advanced Reactor Designs will hear

presentations by and hold discussions with representatives of the NRC staff and

Westinghouse Electric Corp. on the AP600 standard safety analysis report and the draft

final safety evaluation report chapters 3,6,9A,14,16 and 17. Some portions of the

meeting dealing with proprietary information may be closed.

Other aspects of the meeting, including an opportunity for public comment, will

be described in a Notice of Meeting published in a forthcoming edition of the Federal

Register.

#
L I P C O N , M A R G U L I E S , A L S I N A & W I N K L E M A N , P . A .

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO. 1:20-cv-23223-BLOOM

DRAGAN JANICIJEVIC, on his own 

behalf and on behalf of all other similarly 

situated crew members working aboard 

BAHAMAS PARADISE CRUISE LINE

vessels

Plaintiffs,

v. CLASS ACTION

CLASSICA CRUISE OPERATOR, LTD.,

PARADISE CRUISE LINE OPERATOR

LTD. INC., a/k/a PARADISE CRUISE LINE 

OPERATOR LTD. d/b/a BAHAMAS 

PARADISE CRUISE LINE, BPCL 

MANAGEMENT, LLC, d/b/a BAHAMAS 

PARADISE CRUISE LINE, LLC.,

Defendants.

___________________________________/

PLAINTIFF’S NOTICE OF PARTIAL VOLUNTARY DISMISSAL 

WITHOUT PREJUDICE ONLY AS TO DEFENDANT BPCL MANAGEMENT, LLC

The Plaintiff by and through undersigned counsel, hereby notices this Honorable Court of 

voluntarily dismissing, without prejudice, Plaintiff’s claims in the above-styled action against only 

one Defendant, BPCL MANAGEMENT, LLC. The Plaintiff’s claims against the remaining 

defendants remain pending.

Dated: September 4, 2020 Respectfully submitted,

By: /s/ Daniel W. Grammes

MICHAEL A. WINKLEMAN

Florida Bar No. 36719

mwinkleman@lipcon.com

DANIEL W. GRAMMES

Florida Bar No. 1010507

dgrammes@lipcon.com

ANDREW S. FREEDMAN

Florida Bar No. 091087

By: /s/ Adam M. Moskowitz

Adam Moskowitz, Esq. 

Florida Bar No. 984280 

adam@moskowitz-law.com

Howard M. Bushman, Esq. 

Florida Bar No. 0364230 

howard@moskowitz-law.com

THE MOSKOWITZ LAW FIRM, PLLC 

2 Alhambra Plaza 

Case 1:20-cv-23223-BB Document 14 Entered on FLSD Docket 09/04/2020 Page 1 of 2
- 2 -

L I P C O N , M A R G U L I E S , A L S I N A & W I N K L E M A N , P . A .

afreedman@lipcon.com

LIPCON, MARGULIES, 

ALSINA & WINKLEMAN, P.A.

One Biscayne Tower, Suite 1776

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone No.: (305) 373-3016

Facsimile No.: (305) 373-6204

Suite 601 

Coral Gables, FL 33134 

Telephone: (305) 740-1423

Attorneys for Plaintiff and the Class

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing was filed September 4, 2020, 

with the Court via CM/ECF system, which will send notification of such filing to all attorneys of 

record. 

By: /s/ Daniel W. Grammes______

DANIEL W. GRAMMES

Florida Bar No. 1010507

SERVICE LIST

Janicijevic v. Classica Cruise Operator, Ltd., et al.

Case No. 20-23223-CIV-BLOOM

Counsel for Defendant

Jeffrey E. Foreman

Florida Bar No. 240310

jforeman@fflegal.com

Catherine J. MacIvor

Florida Bar No. 932711

cmacivor@fflegal.com

FOREMAN FRIEDMAN, P.A.

One Biscayne Tower, Suite 2300

2 South Biscayne Blvd.

Miami, FL 33131

Telephone: (305) 358-6555

Case 1:20-cv-23223-BB Document 14 Entered on FLSD Docket 09/04/2020 Page 2 of 2