alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 146.23 Accountability for merchandise in a zone. ( a ) *Identification of merchandise* — ( 1 ) *General.* A zone lot number or unique identifier will be used to identify and trace merchandise.
( 2 ) *Fungible merchandise.* Fungible merchandise may be identified by an inventory method authorized by Customs, which is consistently applied, such as First-In-First-Out (FIFO) and using a unique identifier.
( b ) *Inventory records.* The inventory records will specify by zone lot number or unique identifier: ( 1 ) Location of merchandise;
( 2 ) Zone status;
( 3 ) Cost or value, unless operator's or user's financial records maintain cost or value and the records are made available for Customs review;
( 4 ) Beginning balance, cumulative receipts and removals, adjustments, and current balance on hand by date and quantity;
( 5 ) Destruction of merchandise; and
( 6 ) Scrap, waste, and by-products.
( c ) *Physical inventory.* The operator shall take at least an annual physical inventory of all merchandise in the zone (unless continuous cycle counts are taken as part of an ongoing inventory control program) with prior notification of the date(s) given to Customs for any supervision of the inventory deemed necessary. The operator shall notify the port director of any discrepancies in accordance with § 146.53.
#### Gene GIDRON, Plaintiff-Appellant, v. Richard John CALLE, Esq., Defendant-Appellee.

Docket No. 01-7719.

United States Court of Appeals, Second Circuit.

May 28, 2002.

Gene Gidron, (pro se), East Elmhurst, NY, for Appellant.

Richard John Calle, Astoria, NY, for Appellee.

Present WALKER, Chief Judge, JACOBS and LEVAL, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of said district court be and it hereby is AFFIRMED.

Plaintiff-appellant Gene Gidron appeals from the judgment of the district court denying his application to proceed *in for-ma pauperis,*pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and dismissing without prejudice his complaint, which the district court construed to assert a claim under 42 U.S.C. § 1983, against defendant-appellee, Richard John Calle. The district court denied the motion and dismissed Gidron’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), finding that it failed to state a claim on which relief could be granted.

Gidron, who is currently incarcerated, brought this § 1983 action seeking damages incurred as a result of the alleged ineffective assistance of his trial counsel at his state criminal trial. According to Gidron, Calle’s representation was ineffective because he (1) incorrectly stated in an omnibus motion that Gidron had been indicted on multiple counts of second degree murder, when Gidron had in fact been charged with criminal possession of a controlled substance; and (2) withdrew as counsel on the date of Gidron’s appearance in court. On appeal, Gidron asserts a claim, which we construe as a § 1983 ac*31tion, of ineffective assistance of counsel arising out of his trial counsel’s incorrect statement of the charges.

Reviewing *de novo*the district court’s dismissal pursuant to § 1915(e)(2)(B)(ii), *Giano v. Goord,*250 F.3d 146, 149-50 (2d Cir.2001), we affirm. To state a cognizable claim under § 1983, a plaintiff must assert that the defendant deprived him of a right guaranteed under the constitution or the laws of United States while the defendant was acting under the color of state law. *See Rodriguez v. Phillips,*66 F.3d 470, 473 (2d Cir.1995). Here, Gidron has failed to state a cognizable § 1983 claim because he has not alleged, nor does it appear to be the case, that his privately retained attorney was a state actor or was acting in concert with other state actors. *See Scotto v. Almenas,*143 F.3d 105, 114 (2d Cir. 1998). Moreover, even if we were to construe Gidron’s complaint as asserting a state law tort claim, jurisdiction would be lacking because the parties are not diverse. Because Gidron could prove no set of facts to support his claim, the district court properly dismissed his complaint. *See Gomez v. USAA Fed. Sav. Bank,*171 F.3d 794, 796 (2d Cir.1999) (per curiam).

Accordingly, for the reasons set forth above, the judgment of the district court is AFFIRMED.
### §7268. Possession with intent to sell in fraud of law or to evade tax

Every person who shall have in his custody or possession any goods, wares, merchandise, articles, or objects on which taxes are imposed by law, for the purpose of selling the same in fraud of the internal revenue laws, or with design to avoid payment of the taxes imposed thereon, shall be liable to a penalty of $500 or not less than double the amount of taxes fraudulently attempted to be evaded.

(Aug. 16, 1954, ch. 736, 68A Stat. 865.)
<PAGE>


                                   EXHIBIT 23

                          INDEPENDENT AUDITORS' CONSENT

                         Consent of Independent Auditors


The Board of Directors
Alliance Bancorp of New England, Inc.:

We consent to the incorporation by reference in the Registration Statements (No.
333-39645 and No. 333-89869) on Form S-8 of Alliance Bancorp of New England,
Inc. of our report dated February 18, 2004 on the consolidated balance sheets of
Alliance Bancorp of New England, Inc. and subsidiaries as of December 31, 2003
and 2002, and the related consolidated income statements, consolidated
statements of changes in shareholders' equity and consolidated statements of
cash flows for each of the years in the three-year period ended December 31,
2003, which report appears in the December 31, 2003 annual report on Form 10-K
of Alliance Bancorp of New England, Inc.



/s/ KPMG, LLP
-------------------------------


Hartford, Connecticut
March 29, 2004
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-0001 E-mail: opa@nrc.gov 

 Web Site: www.nrc.gov

No. 02-084 July 24, 2002

 NRC NAMES DR. MICHAEL T. RYAN 

TO ADVISORY COMMITTEE ON NUCLEAR WASTE

The Nuclear Regulatory Commission has appointed Dr. Michael T. Ryan to its Advisory

Committee on Nuclear Waste (ACNW).

Dr. Ryan is presently an independent consultant in radiological sciences and health physics. He

has more than 25 years of experience in radioactive waste management and radiation protection. Dr.

Ryan is an adjunct faculty member at the College of Health Professions at the Medical University of

South Carolina and at the College of Charleston. He also has served on the Board of Directors of the

National Council on Radiation Protection and Measurements, and as Scientific Vice President for the

organization’s Radioactive and Mixed Waste Management Program.

Dr. Ryan earned his Bachelor of Science degree in radiological health physics from Lowell

Technological Institute in 1974, a Master of Science degree in radiological sciences and protection from

the University of Lowell in 1976, and his Ph.D. in health physics from the Georgia Institute of

Technology in 1982. 

The ACNW is an advisory group established by the NRC in 1988 to provide the agency with

independent technical review and advice on management and disposal of nuclear waste. Members are

appointed part-time for four-year terms, and normally serve no more than two terms. 

Other members of the ACNW are:

Dr. B. John Garrick , retired President and Chief Executive Officer of PLG Inc., an international

engineering, applied science and management consulting firm.

Dr. George M. Hornberger, Professor, Department of Environmental Sciences, University of Virginia,

Charlottesville, VA.
Mr. Milton Levenson, a former Vice President of Bechtel International and an internationally known

nuclear engineering consultant. 

Dr. Raymond G. Wymer, retired Director of the Chemical Technology Division, Oak Ridge National

Laboratory, Oak Ridge, TN.

###
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 20-CV-14291-MIDDLEBROOKS/Reid

LAGERIAN THURSTON,

Plaintiff,

v.

ST. LUCIE COUNTY SHERIFF’S 

DEPARTMENT, et al., 

Defendants.

_________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court on Magistrate Judge Lisette M. Reid’s Report and 

Recommendation (“Report”), filed October 2, 2020. (DE 4). The Report recommends dismissal of 

Plaintiff’s Complaint on jurisdictional grounds. (DE 1). Plaintiff did not file timely objections to 

the Report.

1

In his Complaint, Plaintiff does not bring any cause of action but instead sets forth certain

facts underlying his state court criminal case that led to what Plaintiff claims is a wrongful 

conviction. Ultimately, Plaintiff requests the “advice” of this Court on how he should proceed 

given these facts. (DE 1 at 6). The Report concludes that Plaintiff seeks an impermissible advisory 

opinion, instead of bringing a live case or controversy, and therefore must be dismissed for lack 

of justiciability. After a careful review of Judge Reid’s Report and the record in this case, I agree

with the Report’s recommendations. Accordingly, it is hereby 

ORDERED AND ADJUDGED that:

 

1 However, on October 23, 2020, one week after the objections period had expired, Plaintiff 

submitted a filing, which he styled as “Motion of Forma Pauperis too Proceed in Lawsuit [sic].” 

(DE 5 at 1). Careful review of this largely unintelligible submission reveals that it does not respond 

in any substantive way to Judge Reid’s factual findings or legal conclusions. For this reason, I 

decline to construe Plaintiff’s Motion as objecting to the Report.

Case 2:20-cv-14291-DMM Document 6 Entered on FLSD Docket 11/02/2020 Page 1 of 2
2

(1) The Report (DE 4) is RATIFIED, ADOPTED, AND APPROVED in its entirety.

(2) This case is DISMISSED. 

(3) The Clerk of Court is DIRECTED to CLOSE THIS CASE and DENY all pending 

Motions as MOOT. 

SIGNED in Chambers in West Palm Beach, Florida, this 30th day of October, 2020.

Donald M. Middlebrooks

United States District Judge

Case 2:20-cv-14291-DMM Document 6 Entered on FLSD Docket 11/02/2020 Page 2 of 2
### §5604. Duties of Sergeant at Arms

It shall be the duty of the Sergeant at Arms of the House of Representatives to attend the House during its sittings, to maintain order under the direction of the Speaker, and, pending the election of a Speaker or Speaker pro tempore, under the direction of the Clerk, execute the commands of the House and all processes issued by authority thereof, directed to him by the Speaker.

(Oct. 1, 1890, ch. 1256, §1, 26 Stat. 645; Pub. L. 104–186, title II, §204(25)(A), Aug. 20, 1996, 110 Stat. 1733.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 78 of this title prior to editorial reclassification and renumbering as this section.

#### Amendments

1996—Pub. L. 104–186 struck out ", keep the accounts for the pay and mileage of Members and Delegates, and pay them as provided by law" after "directed to him by the Speaker".

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

#### Transfer of Functions

Effective Feb. 1, 2010, functions of House of Representatives Office of Emergency Planning, Preparedness, and Operations transferred to Sergeant at Arms of the House of Representatives, see section 105 of title I of div. G of Pub. L. 112–74, set out as a note under former section 130i of this title.
#### Dennis J. MARTINEZ, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

No. 02-3017.

United States Court of Appeals, Federal Circuit.

April 24, 2002.

Before LOURIE, LINN, and DYK, Circuit Judges.

LINN, Circuit Judge.

ORDER

The United States Postal Service moves for summary affirmance of the Merit Systems Protection Board’s July 20, 2001 opinion and order determining that the Postal Service had complied with the Administrative Judge’s (AJ) previous order. Dennis J. Martinez has not responded.

Martinez filed a petition for enforcement of an earlier Board decision. The AJ issued a recommendation that the agency was in noncompliance because it failed to retroactively amend its records to designate Martinez’ normal duty status for the period between August 15, 1998 and September 15, 1998, failed to provide a detailed accounting for back pay with interest, and failed to pay the amount of the undisputed balance to Martinez. On review, the Board issued a show cause order. The agency took further action and declared it was in compliance. The Board agreed. The Board cited to Martinez’ failure to support his allegation that the agency had failed to produce a “true accounting,” and found no evidence of “[specifics ... demonstrating the agency’s error.”

Summary affirmance of a case “is appropriate, *inter alia,*when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.” *Joshua v. United States,*17 F.3d 378, 380 (Fed. Cir.1994) (summarily affirming the Court of Federal Claims’ dismissal of a complaint). The Postal Service argues that summary affirmance is appropriate because the “Martinez has failed to carry his burden to establish that the agency has not complied with the board’s order.” Martinez does not give any reason why the Board’s decision is erroneous, stating only that this court should make the Postal Service comply with the AJ’s decision and to “make [petitioner] whole.” The only other information Martinez provides in his informal brief is that argument will aid this court “to eliminate heresay [sic] accounting and bring forth a true accounting.”

We agree that the Board’s decision was correct in dismissing Martinez’ petition for enforcement because Martinez failed to present any evidence. Thus, because no substantial question exists regarding the outcome of the instant appeal, the court summarily affirms the decision of the Board.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.
#### UNITED STATES of America, Plaintiff-Appellee, v. Naun MARTINEZ-FIGUEROA, also known as Nahum Martinez, Defendant-Appellant.

No. 05-40756.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Molly E. Odom, Federal Public Defender’s, Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Naun Martinez-Figueroa pleaded guilty to being found in the United States after previous deportation and was sentenced to 37 months of imprisonment and three years of supervised release. Martinez-Figueroa argues that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. Specifically, he argues that the viability of *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), is in doubt in light of later Supreme Court cases.

Martinez-Figueroa’s constitutional challenge is foreclosed by *Almendarez-Torres.*Although Martinez-Figueroa contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), we have repeatedly rejected *212such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied,*— U.S.-, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Martinez-Figueroa properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 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 5th Cir. R. 47.5.4.
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. 98-147 FOR IMMEDIATE RELEASE

(Wednesday, August 19, 1998)

NRC OPENS PUBLIC DOCUMENT ROOM IN NEW MEXICO

FOR CROWNPOINT URANIUM SOLUTION MINING PROJECT

The Nuclear Regulatory Commission has established a local public document

room in Crownpoint, New Mexico, for the Crownpoint Uranium Solution Mining Project

of Hydro Resources, Inc.

The document room is located at the Dine College Library. Operating hours of

the library are 8:00 a.m. to 9:00 p.m. Monday through Thursday, and 8:00 a.m. to 5:00

p.m. on Friday. Patrons should call ahead to confirm weekend hours. The telephone

number is 505/786-6223.

Members of the public may review and copy documents at the library related to

the Crownpoint Project.

The NRC issued a license to Hydro Resources in January to construct and

operate the project. It will involve the extraction of uranium at three sites, located near

the towns of Church Rock and Crownpoint, in McKinley County northeast of Gallup.

###
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-01-053 December 14, 2001

CONTACT: Breck Henderson 

Phone: 817-860-8128

Cellular: 817-917-1227

e-mail: Opa4@nrc.gov

NRC STAFF TO HOLD REGULATORY CONFERENCE 

WITH NEBRASKA PUBLIC POWER DISTRICT

The U.S. Nuclear Regulatory Commission staff will hold a regulatory conference with officials

of Nebraska Public Power District, operator of the Cooper Nuclear Station near Brownville, Nebraska,

on Tuesday, December 18. Conferees will discuss three potential ìwhiteî inspection findings

involving NPPDís implementation of emergency preparedness actions.

The meeting, which is open to public observation, will begin at 8:30 a.m. in NRC Region IV

offices in Arlington, Texas. NRC officials in Arlington will be available after the meeting to answer

questions.

The three potential ìwhiteî findings, defined as regulatory problems with low to moderate safety

significance, involve emergency preparedness. The NRC found, after an Alert was declared on June 25, that

Cooper did not provide timely notification to state and local response organizations, activate the emergency

response facilities in a timely manner and maintain an adequate emergency operations facility to support

emergency response.

An ìalertî is the second of four emergency response levels mandated by the NRC. A ìnotice of

unusual eventî is the lowest level, followed by ìalert,î ìsite area emergency,î and ìgeneral

emergency.î Cooper declared an ìalertî when a fire affected the stationís start-up transformer, which

is one of the systems suppling power to the plantís safety equipment.

The NRC evaluates regulatory performance at commercial nuclear power plants with a color

coded significance determination process which classifies regulatory findings as being in one of four

color categories: green, white, yellow, or red in increasing order of regulatory safety significance.

###
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</TABLE>
[Federal Register Volume 69, Number 203 (Thursday, October 21, 2004)]
[Notices]
[Page 61809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23542]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the Defense Department Advisory Committee on Women in 
the Services (DACOWITS)

AGENCY: Department of Defense; Notice of Meeting.

ACTION: Notice.

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

SUMMARY: This notice is hereby given for a forthcoming meeting of the 
Defense Department Advisory Committee on Women in the Services 
(DACOWITS). The purpose of the Committee meeting is to discuss the 2004 
DACOWITS Report. The meeting is open to the public, subject to the 
availability of space.
    Interested persons may submit a written statement for consideration 
by the Committee and make an oral presentation of such. Persons 
desiring to make an oral presentation or submit a written statement to 
the Committee must notify the point of contact listed below no later 
than 5 p.m., November 1, 2004. Oral presentations by members of the 
public will be permitted only on Tuesday, November 9, 2004, from 4:30 
p.m. to 4:45 p.m. before the full Committee. Presentations will be 
limited to two minutes. Number of oral presentations to be made will 
depend on the number of requests received from members of the public. 
Each person desiring to make an oral presentation must provide the 
point of contact listed below with one (1) copy of the presentation by 
5 p.m., November 1, 2004, and bring 35 copies of any material that is 
intended for distribution at the meeting. Persons submitting a written 
statement must submit 35 copies of the statement to the DACOWITS staff 
by 5 p.m. on November 1, 2004.

DATES: November 8, 2004, 8:30 a.m.-5 p.m., November 9, 2004, 8:30 a.m.-
5 p.m.

Location: Embassy Suites Hotel, Crystal City--National Airport, 1300 
Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: MSgt Gerald T. Posey, USAF, DACOWITS, 
4000 Defense Pentagon, Room 2C548A, Washington, DC 20301-4000. 
Telephone (703) 697-2122. Fax (703) 614-6233.

SUPPLEMENTARY INFORMATION: Meeting Agenda.
    Monday, November 8, 2004, 8:30 a.m.-5 p.m.
    2004 Committee Report.
    Tuesday, November 9, 2004, 8:30 a.m.-5 p.m.
    2004 Committee Report.
    4:30 p.m.-4:45 p.m. (Public Forum)

    Note:
    Exact order may vary.


    Dated: October 14, 2004.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-23542 Filed 10-20-04; 8:45 am]
BILLING CODE 5001-08-M