alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-5191

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus BERNARD EUGENE MITCHELL, JR., Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Senior District Judge. (1:06-cr-00178-WLO) Submitted: July 31, 2007 Decided: August 17, 2007 Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas N. Cochran, Assistant Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, David P. Folmar, Jr., Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.* United States v. Booker , 543 U.S. 220 (2005). - 2 - PER CURIAM: Bernard Eugene Mitchell, Jr., pled guilty pursuant to a plea agreement to one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000). Mitchell was sentenced to fifty-seven months’ incarceration. Finding no error, we affirm. On appeal, Mitchell challenges the presumption of reasonableness this court affords post-Booker * sentences imposed within a properly calculated guidelines range. The Supreme Court’s recent decision in Rita v. United States , 127 S. Ct. 2456 (2007), however, forecloses this argument. See alsoUnited States v. Montes-Pineda , 445 F.3d 375, 379 (4th Cir. 2006), cert. denied , ___ U.S. ___, 75 U.S.L.W. 3707 (U.S. June 29, 2007) (No. 06-5439); United States v. Johnson , 445 F.3d 339, 341-42 (4th Cir. 2006); United States v. Moreland , 437 F.3d 424, 433 (4th Cir.), cert. denied , 126 S. Ct. 2054 (2006); United States v. Green , 436 F.3d 449, 457 (4th Cir.), cert. denied , 126 S. Ct. 2309 (2006). Mitchell also contends that his sentence is unreasonable because it is greater than necessary to accomplish the goals of 18 U.S.C. § 3553(a) (West 2000 & Supp. 2006). Because the district court properly calculated and considered the advisory guidelines range and weighed the relevant § 3553(a) factors, we conclude Mitchell’s sentence, which was below the statutory maximum and- 3 - within the advisory guidelines range, is reasonable. SeeGreen , 436 F.3d at 455-56; United States v. Hughes , 401 F.3d 540, 546-47 (4th Cir. 2005). Accordingly, we affirm the judgment of the district court. 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 in the decisional process.

AFFIRMED
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NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION I

475 Allendale Road

King of Prussia, PA 19406

No. I-00-83 December 7, 2000

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

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

NRC CITES NNECO FOR VIOLATION AT MILLSTONE 2

The Nuclear Regulatory Commission staff has cited Northeast Nuclear Energy Company

(NNECO) for a violation of NRC requirements at its Millstone Unit 2 nuclear power plant in

Waterford Conn. The NRC has determined the violation is of low to moderate safety significance.

The finding at Millstone involved a turbine-driven auxiliary feedwater pump, one of three

pumps that supplies water to the steam generators if the normal feedwater pumps are lost. The turbinedriven pump is designed to operate for events involving a loss of electrical power. NRC inspectors

determined NNECO failed to take prompt and comprehensive corrective actions in August, after the

pump exhibited erratic operation during a surveillance test. During the next test on September 20,

operators determined that the pump was unable to perform its function. Further, it was determined that

the pump failure in September was related to the problem identified in August, which was not

corrected at that time. This failure has been characterized as “white” (of low to moderate safety

significance) because of the pump's importance in mitigating plant events.

A regulatory conference was held on November 28 to provide NNECO officials an opportunity

to present information to the NRC to enable the agency to reach a final determination of the

significance of the inspection findings.

Under the NRC's new reactor oversight process, inspection findings are evaluated under a

significance determination process and assigned a color that indicates safety significance. Findings

with very low safety significance are labeled "green." "White" findings have low to moderate

importance to safety and may require additional NRC inspection. Progressively more serious findings

are labeled "yellow" and "red," and receive commensurately greater oversight. A more detailed

explanation of the NRC's new reactor oversight process can be found on the NRC's website at:

www.nrc.gov/NRR/OVERSIGHT/ROP/description.html .

NNECO has 30 days to respond to the notice of violation and 10 days to appeal the NRC’s

significance determination.

##
§ 12.23 Detention; examination; disposition. ( a ) Port directors shall detain all importations of unlicensed viruses, therapeutic serums, toxins, antitoxins, and analogous products, and arsphenamines or its derivatives (or any other trivalent organic arsenic compound) for the treatment or cure of diseases or injuries of man pending examination by the Director, Bureau of Biologics, unless satisfied from evidence furnished at the time of entry that the products are intended solely for purposes of controlled investigation and not for sale, barter, or exchange, as evidenced by a copy of a filed “Notice of Claimed Investigational Exemption for a New Drug,” pursuant to § 312.1 of the Food, Drug, and Cosmetic Act Regulations (21 CFR 312.1), or are being imported under the short supply provisions of § 601.22 of the Public Health Service Regulations (42 CFR 601.22).
( b ) If the shipment is imported for sale, barter, or exchange and is found by the Director, Division of Biologics Standards, to be admissible, the port director shall release it upon receipt of a report from him that the shipment is admissible.
( c ) If the Director, Division of Biologics Standards, reports that the shipment was found upon examination not to conform to the law and the regulations, the port director shall not release the shipment but shall permit the exportation or destruction thereof under Customs supervision at the option of the importer.
( d ) Shipments of such products for use in the treatment of man but made from or with material of animal origin other than human, shall, unless accompanied by a Department of Agriculture, Veterinary Services, Animal and Plant Health Inspection Service (APHIS) permit, be detained until proof is presented to the port director that their importation is not prohibited under 9 CFR part 94 or part 122.
[T.D. 69-201, 34 FR 14328, Sept. 12, 1969, as amended by T.D. 82-145, 47 FR 35476, Aug. 16, 1982]
THE THIRTEENTH COURT OF APPEALS

13-13-00048-CR

JOHN DANIEL STERNER

v.

THE STATE OF TEXAS

On Appeal from the

221st District Court of Montgomery County, Texas

Trial Cause No. 11-06-06106-CR

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be AFFIRMED. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

December 5, 2013
AIR-14-024-E

February 18, 2014

 Exemption No. 9669C

 Regulatory Docket No. FAA-2001-8898

Ms. Caitlin M. Randles

Supervisor, FAA Coordination

The Boeing Company

P.O. Box 3707

Seattle, WA 98124-2207

Dear Ms. Randles:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 9669, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated October 16, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of The Boeing Company (Boeing) for an extension of Exemption No. 9669, as amended. 

That exemption from § 21.197 of Title 14, Code of Federal Regulations (14 CFR) allows Boeing 

to conduct flight crew training in aircraft operated under a special flight permit issued for 

production flight testing of new aircraft. 

In your petition, you indicate that there has been no change in the conditions and reasons relative 

to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in 

the Federal Register because the requested extension of the exemption would not set a precedent, 

and any delay in acting on this petition would be detrimental to Boeing.
2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9669, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition for exemption from § 21.197 to 

authorize Boeing Company to conduct flight crew training of Boeing flight crews while 

operating the aircraft under a special flight permit issued for production flight testing of new 

aircraft, subject to the conditions and limitations described below.

Conditions and Limitations

1. All pilot flight crews to be trained must be Boeing Company employees.

2. Each special flight permit incorporating the provisions of this exemption will 

be effective only for the period of time specified in the permit and only so 

long as the aircraft are owned, operated, and registered by the Boeing 

Company. 

3. Flight training performed under this exemption will not serve to meet the 

requirements of 14 CFR part 121 or 135.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9669, as amended, to 

March 31, 2016, unless sooner superseded or rescinded. 

Sincerely,

/s/

Frank P. Paskiewicz

Deputy Director, Aircraft Certification Service
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. 98-132 FOR IMMEDIATE RELEASE

(Thursday, July 30, 1998)

NOTE TO EDITORS:

The Nuclear Regulatory Commission’s Advisory Committee on Reactor Safeguards has

scheduled a meeting of its subcommittee onThermal-Hydraulic Phenomena on August 27 in

Rockville, Maryland.

The subcommittee will meet at 8:30 a.m. in Room T-2B1 of the NRC’s Two White Flint

North Building at 11545 Rockville Pike. The subcommittee will discuss the application by the

Southern Nuclear Operating Company for a power level increase of eight percent at the Edwin

I. Hatch nuclear plant near Baxley, Georgia.

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.

#
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### §5534. House revolving fund for stationery allowances; disposition of moneys from stationery sales; availability of unexpended balances

There is established a revolving fund for the purpose of administering the funds appropriated for stationery allowances to each Representative, Delegate, the Resident Commissioner from Puerto Rico; and stationery for use of the committees, departments, and officers of the House. All moneys hereafter received by the stationery room of the House of Representatives from the sale of stationery supplies and other equipment shall be deposited in the revolving fund and shall be available for disbursement from the fund in the same manner as other sums that may be appropriated by the Congress for this purpose. The unexpended balance of all moneys heretofore received by the stationery room of the House of Representatives from the sale of stationery supplies and equipment shall be deposited in the Treasury of the United States to the credit of the fund: Provided, That the unexpended balances in the appropriations "Contingent expenses, House of Representatives, stationery, 1945–1946"; "Contingent expenses, House of Representatives, stationery, 1946"; "Contingent expenses, House of Representatives, stationery, 1947–48", as of June 30, 1947, shall be transferred to and made available for expenditure out of the fund, together with appropriations herein or hereafter made therefor, to remain available until expended.

(July 17, 1947, ch. 262, 61 Stat. 366.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 46b–1 of this title prior to editorial reclassification and renumbering as this section.

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

#### Change of Name

Stationery room of House of Representatives redesignated Office Supply Service.
§ 133.1 Recordation of trademarks. ( a ) *Eligible trademarks.* Trademarks registered by the U.S. Patent and Trademark Office under the Trademark Act of March 3, 1881, the Trademark Act of February 20, 1905, or the Trademark Act of 1946 (15 U.S.C. 1051 *et seq.*) except those registered on the supplemental register under the 1946 Act (15 U.S.C. 1096), may be recorded with the U.S. Customs and Border Protection if the registration is current.
( b ) *Notice of recordation and other action.* Applicants and recordants will be notified of the approval or denial of an application filed in accordance with §§ 133.2, 133.5, 133.6, and 133.7 of this subpart.
[T.D. 72-266, 37 FR 20678, Oct. 3, 1972, as amended by T.D. 91-77, 56 FR 46115, Sept. 10, 1991]