alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ORIGINAL 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

OP 23-0214 

RANDY CHRISTOPHER ARCHIBALD, SR., 

Petitioner, 

v. 

PETER BLUDWORTH, Warden, 

Crossroads Correctional Center, 

Respondent. 

t 'IR 18 2n23 

ORDER 

,-d 

Court 

oontana 

Randy Christopher Archibald, Sr. petitions this Court for habeas corpus relief, 

because "[t]he State breached the Plea-agreement by misleading the courts with false 

information." He argues that his sentence and incarceration are both illegal because of 

violations of his due process and other constitutional rights. He puts forth that he "was 

never charged with a crime[,]" but that "this revolves around two County Jail[] infractions." 

Archibald requests his immediate release from prison, an evidentiary hearing, and a 

reduction of his sentence. 

This Court has heard Archibald's arguments previously. In 2019, Archibald 

appealed the Cascade County District Court Judgment of Conviction and Sentencing 

Order. State v. Archibald, No. DA 19-0545, 2021 MT 174N, ¶ 2, 2021 Mont. LEXIS 609 

(Jul. 13, 2021). Through counsel, Archibald argued that "the State should not have been 

allowed to alter its sentencing recommendations because he did not violate the conditions 

of pretrial release." Archibald, ¶ 2. This Court affirmed his convictions pursuant to his 

nolo contendere plea to three felonies and two misdemeanors in a nonbinding plea 

agreement. Section 46-12-211(1)(c), MCA. Archibald, III 2-3. We pointed out that 

Archibald signed an acknowledgment of waiver of rights and that he "admitted to being 

cited for disciplinary infractions while in custody." Archibald, lig 4,6. We determined that 

04/18/2023

Case Number: OP 23-0214
Itlhe language in the plea agreement requiring Archibald to refrain from committing 

additional crimes is clear and unambiguous." Archibald, ¶ 11. We found no error in the 

court's decision that his "pretrial disciplinary incidents violated the agreement which 

warranted the State's new sentencing recommendations." Archibald, ¶ 11. 

Archibald has not demonstrated an illegal sentence or illegal incarceration. Section 

46-22-101(1), MCA. He appealed his convictions and sentence, and this Court concluded 

that Archibald's conduct violated the plea agreement. Archibald, ¶ 7. Archibald's 

constitutional claims have no footing because we have addressed them in his prior appeal. 

Section 46-22-101(2), MCA; Archibald, ¶ 11. He is not entitled to an evidentiary hearing 

or his immediate release. Therefore, 

IT IS ORDERED that Archibald's Petition for Writ of Habeas Corpus is DENIED 

and DISMISSED. 

The Clerk is directed to provide a copy of this Order to counsel of record and to 

Randy Archibald, Sr. personally. 

DATED this ?' My of April, 2023. 

Chief Justice 

Justices
### §5320. Injunctions

When the Secretary of the Treasury believes a person has violated, is violating, or will violate this subchapter or a regulation prescribed or order issued under this subchapter, the Secretary may bring a civil action in the appropriate district court of the United States or appropriate United States court of a territory or possession of the United States to enjoin the violation or to enforce compliance with the subchapter, regulation, or order. An injunction or temporary restraining order shall be issued without bond.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 999.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5320 | 31:1057. | Oct. 26, 1970, Pub. L. 91–508, §208, 84 Stat. 1120. |
| | 31:1143(b)(words before last comma). | Sept. 21, 1973, Pub. L. 93–110, §203(b)(words before last comma), 87 Stat. 353. |

The words "has violated, is violating, or will violate this subchapter" are substituted for "has engaged, is engaged, or is about to engage in any acts or practices constituting a violation of the provisions of this chapter" in 31:1057 and "failed to submit a report required under any rule or regulation issued under this subchapter or has violated any rule or regulation issued hereunder" in 31:1143(b)(words before last comma) to eliminate unnecessary words. The words "or a regulation prescribed" are added because of the restatement. The words "in his discretion" are omitted as surplus. The word "civil" is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The word "possession" is substituted for "other place subject to the jurisdiction" for consistency in the revised title and with other titles of the United States Code. The words "or to enforce compliance with the subchapter, regulation, or order" are substituted for 31:1057(last sentence) and the words "a mandatory injunction commanding such person to comply with such rule or regulation" in 31:1143(b)(words before last comma) to eliminate unnecessary words. The words "and upon a proper showing . . . permanent or" are omitted as surplus.
§ 300.602 Definitions. In this subpart— *Advancement* means a promotion (including a temporary promotion) or any type of appointment resulting in a higher grade or higher rate of basic pay.
*Competitive appointment* means an appointment based on selection from a competitive examination register of eligibles or under a direct hire authority.
*Hardship to an agency* involves serious difficulty in filling a position, including when: ( a ) The situation to be redressed results from circumstances beyond the organization's control and otherwise would require extensive corrective action; or
( b ) A position at the next lower grade in the normal line of promotion does not exist and the resulting action is not a career ladder promotion; or
( c ) There is a shortage of candidates for the position to be filled.
*Inequity to an employee* involves situations where a position is upgraded without change in the employee's duties or responsibilities, or where discrimination or administrative error prevented an employee from reaching a higher grade.
*Nontemporary appointment* means any appointment other than a temporary appointment pending establishment of a register (TAPER) or a temporary or excepted appointment not to exceed 1 year or less.
Docket No. FAARecord of Discussion 

Directorate Identifier: 

£..0 t't-- CC' Q)_O ~P 

~ 

With whom outside the FAA has this AD action been discussed (i.e., Design Approval Holder, 

manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc)? 

ORGANIZATION PERSON CONTACTED DATE TOPICS DISCUSSED 

Mooney Bill Eldred June 11,2014 Concur. 

International 

Corporation 

Other/ Additional Information: 

9
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 0:20-cv-61702-AHS 

KRISTEN POWELL,

individually and on behalf of all 

others similarly situated, CLASS ACTION 

Plaintiff, JURY TRIAL DEMANDED 

v. 

RETAILMENOT, INC., 

a Texas corporation, 

Defendant. 

 / 

NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE1

 Plaintiff Kristen Powell, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), 

hereby voluntarily dismisses the instant action. All claims of Plaintiff, individually, are hereby 

dismissed with prejudice. 

Dated: October 7, 2020 

Respectfully submitted, 

HIRALDO P.A. 

 

/s/ Manuel S. Hiraldo 

Manuel S. Hiraldo 

Florida Bar No. 030380 

401 E. Las Olas Boulevard 

Suite 1400 

Ft. Lauderdale, Florida 33301 

Email: mhiraldo@hiraldolaw.com 

Telephone: 954.400.4713 

1

 This notice supersedes the prior dismissal without prejudice. Plaintiff hereby requests for 

dismissal of her case to be with prejudice. 

Case 0:20-cv-61702-AHS Document 12 Entered on FLSD Docket 10/07/2020 Page 1 of 1
### §2334. Innovative technologies for watershed restoration

The Secretary shall examine using, and, if appropriate, encourage the use of, innovative treatment technologies, including membrane technologies, for watershed and environmental restoration and protection projects involving water quality.

(Pub. L. 106–53, title V, §516, Aug. 17, 1999, 113 Stat. 344.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.
#### H. C. Forney, Appellee, v. Crawford Locomotive & Car Company, Appellant.

Glen. No. 5,849.

(Not to he reported in full.)

Appeal from the Circuit Court of La Salle county; the Hon. Edgab Eldbidge, Judge, presiding.

Heard in this court at the October term, 1913.

Reversed.

Opinion filed April 15, 1914.

Statement of the Case.

Action by H. C. Forney against Crawford Locomotive & Car Company, a corporation, to recover a balance claimed to be dne for wages. The plaintiff was a brother of the plaintiff in the case of *Forney v. Crawford Locomotive & Car Co., ante,*p. 231, and hired ont at the same time and each testified for the other substantially to the. same facts as in that case. This case is practically and substantially the same as that case and the decision rendered therein *held*controlling.

Robert E. Larkin, for appellant.

No appearance for appellee.

Mr. Presiding Justice Whitney

delivered the opinion of the court.
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# SECY-04-0223 - REQUEST APPROVAL OF STAFF COMMENTS ON THE 2005 RECOMMENDATION OF INTERNATIONAL COMMISSION ON RADIOLOGICAL PROTECTION

Accession Number: ML043230277

Date Released: Wednesday, October 11, 2006

Package Contents

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    - ML043230459 - SECY-04-0223 - Request for Approval of Staff Comments on the 2005 Recommendation of International Commission on Radiogical Protection (5 page(s), 11/26/2004)
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Privacy PolicySite Disclaimer
EXHIBIT 23.2

                         CONSENT OF INDEPENDENT AUDITORS

As independent auditors of Ambient Corporation ("the Company"), we hereby
consent to the incorporation by reference of our report, dated March 1, 2001, on
the Company's consolidated balance sheets as of December 31, 2000 and 1999 and
the related statements of operations, stockholders' equity (deficit) and cash
flows for each of the two years in the period ended December 31, 2000 in the
Company's Registration Statement on Form S-8 filed in October 1998 and in the
Company's Registration Statement on Form S-8 which the Company anticipates
filing after the date hereof.


/S/ Brightman Almagor & Co.

Brightman Almagor & Co.
Certified Public Accountants (Israel)
A member of Deloitte Touche Tohmatsu

Tel-Aviv, Israel
June 11, 2001
----

**CommunityForum on Race Relations in RacineCounty, Wisconsin****WisconsinAdvisory Committee to  the U.S. Commission on Civil Rights****March2001**

Areport of the Wisconsin Advisory Committee to the U.S. Commission on CivilRights prepared for the information and consideration of the Commission.Statements in this report should not be attributed to the Commission, but onlyto participants at the community forum or to the Advisory Committee.

----

**Contents**

Commission Information

Wisconsin Advisory Committee Members

Letter of Transmittal

Chapter 1: Introduction

Chapter 2: Statement of James H. Smith,Mayor, City of Racine

Chapter 3: Race Relations and EqualOpportunity in Racine County, Wisconsin

Chapter 4: Committee Observations
### §3805. Utilization of personnel, facilities or equipment of other Federal departments and agencies

The Secretary and the Administrator may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the Convention, this chapter, or any regulations prescribed under this chapter.

(Pub. L. 111–281, title X, §1015, Oct. 15, 2010, 124 Stat. 3025.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
115 STAT. 152 PUBLIC LAW 107–18—JULY 5, 2001

LEGISLATIVE HISTORY—S. 1029:

CONGRESSIONAL RECORD, Vol. 147 (2001):

June 13, considered and passed Senate.

June 20, considered and passed House.

Æ

Public Law 107–18

107th Congress

An Act

To clarify the authority of the Department of Housing and Urban Development

with respect to the use of fees during fiscal year 2001 for the manufactured

housing program.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. MANUFACTURED HOUSING.

(a) AVAILABILITY OF FEES.—Notwithstanding section 620(e)(2)

of the National Manufactured Housing Construction and Safety

Standards Act of 1974 (42 U.S.C. 5419(e)(2)), any fees collected

under that Act, including any fees collected before the date of

enactment of the American Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 1701 note) and remaining unobligated

on the date of enactment of this Act, shall be available for expenditure to offset the expenses incurred by the Secretary under the

National Manufactured Housing Construction and Safety Standards

Act of 1974 (42 U.S.C. 5401 et seq.), otherwise in accordance with

section 620 of that Act.

(b) DURATION.—The authority for the use of fees provided for

in subsection (a) shall remain in effect during the period beginning

in fiscal year 2001 and ending on the effective date of the first

appropriations Act referred to in section 620(e)(2) of the National

Manufactured Housing Construction and Safety Standards Act of

1974 (42 U.S.C. 5419(e)(2)) that is enacted with respect to a fiscal

year after fiscal year 2001.

Approved July 5, 2001.

42 USC 5419

note.

July 5, 2001

[S. 1029]
[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Page 63376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24356]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


American Statistical Association Committee on Energy Statistics

AGENCY: Department of Energy.

ACTION: Notice of renewal.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (Pub. L. 92-
463), I hereby certify that the renewal, for a period of four months, 
of the charter of the American Statistical Association Committee on 
Energy Statistics is in the public interest in connection with the 
performance of duties imposed on the Department of Energy by law. This 
determination follows consultation with the Committee Management 
Secretariat of the General Services Administration, pursuant to section 
102-3.60, title 41, Code of Federal Regulations.

FOR FURTHER INFORMATION CONTACT: Ms. Rachel M. Samuel at (202) 586-
3279.

SUPPLEMENTARY INFORMATION: The purpose of the Committee is to provide 
advice on a continuing basis to the Administrator of the Energy 
Information Administration (EIA), including:
    1. Periodic review of and advice on Energy Information 
Administration data collections and analysis programs;
    2. Advice on technical and methodological issues in planning, 
operation, and the review of Energy Information Administration 
statistical programs and their relative priorities; and
    3. Advice on matters concerning improved energy modeling and 
forecasting tools, particularly regarding their functioning, relevancy, 
and results.

    Issued in Washington, DC, on: October 27, 2004.
Carol Matthews,
Acting Advisory Committee Management Officer.
[FR Doc. 04-24356 Filed 10-29-04; 8:45 am]
BILLING CODE 6450-01-P
### §593. Condemnation of land in aid of State or State agency

Whenever any State, or any reclamation, flood control or drainage district, or other public agency created by any State, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to secure which payment the Secretary of the Army may require such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced.

(Aug. 8, 1917, ch. 49, §9, 40 Stat. 267; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

#### **Editorial Notes**

#### Codification

Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917".

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

#### Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Exhibit 32.1

Written Statement of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002

The undersigned, the Chief Executive Officer of Central European Distribution Corporation (the Company), hereby
certifies that, to his knowledge on the date hereof:



| | (a) | the Form 10-K of the Company for the fiscal year ended December 31, 2005, filed on the date hereof with the Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 14, 2006



By:

/s/ William V. CareyWilliam V. CareyChairman, President and Chief Executive Officer
#### In the Matter of Charles I. Woodard, Petitioner, against Lewis J. Valentine, Police Commissioner of the City of New York, Respondent.

Motion for leave to appeal to the Court of Appeals denied. Present — Lewis, P. J., Cars-well, Nolan, Sneed and Wenzel, JJ. [See *ante,*p. 971.]
NO. 07-07 -016 6-CR NO. 07-07 -016 7-CR NO. 07-07 -016 8-CR IN THE CO UR T OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL B JU NE 4, 2007

_________

_________

_________

___ ELLIS BU TLER, Appel lan t
v. THE S TATE OF TEXAS, Appel lee

_________

_________

_________

______ FRO M T HE 25 1 DIS T RI CT COU RT OF P OT T ERCOU NT Y; ST NOS. 49 ,81 9-C; 50,0 96-C; 50 ,09 7-C; HON. PAT RICK A. PIRT LE, PRESIDING

_________

_________

_________

____ Memorandum Opinions

_________

_________

_________

____ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Ellis Butler (appe llant) app eals f rom th e o rd e rs f or w ithdra w al of f und s f rom h is inmat e tr ustac countto offsetco urt cos ts ass ess ed in his pr ior co nv icti ons. W e di smi ss the appeal s for

l ack of jur is dicti on. The record befo re u s re veal s t hat t he “ Order [s] for W it hdraw al from Inmat e Acc ount. . .” we re s ig ned on Apr il 8, 2005. Pursuantto the Tex as Rul es of Appel lat eProcedu re , app ell ant was req uired to fil e hi s mot ion s for new tr ial or noti ces of appeal w it h the c ler k o f the tri al cour t no lat er than 30 da y s a fter t he s ig nin g of the o rd ers, or by M ay 9, 20 05. The noti ces of appeal s w ere fil ed on Ma y 2, 2007. Bec ause the de a d lin e to per fect an appeal w as Ma y 9, 2005, the noti ces appeared unt imel y . T EX
. R. A PP
. P. 2 6.2 (stati n g t h a tone mustf ile a notice of app eal w ithin 30 days of th e da te th e f inal orde r is sig ne d, u nl es s t ha t de ad l i ne h as b ee n exte nd ed b y mo ti on o r

r ul e of p roc edure). Fur ther more, no mot ion ( ti mely or othe rw is e) to extend the Ma y 9 deadl ine w as re cei v ed th by thi s c our

t. By l etter date d M ay

21, 2007, w e di re cte d appel lan t t o exp la in wh y t he not ic es of appeal w ere l ate o r w hy he bel iev ed them to be timely

. The ex pla nati on w as due by M ay 31, 2 007. H e w as als o tol d tha t t he fail ure to compl y w it h thi s direct iv e w oul d re sul t i n the dis mis sal of the a ppeal s. To date , no re spons e has been re cei v ed. A t imel y

noti ce of ap p e a l is ess enti al to i nv oke our appel lat e j ur is dicti on. In re A.L. B. , 56 S.W .3d 6 51, 6 52 ( Tex . Ap p.–W aco 2003, no pet.)

. If the noti ce is unti mely , t hen th e c o u rt of appeal s c an ta ke no acti on ot her than to dis mis s t he proceed ing

. I d. The noti ce at ba r bei ng unti mely , w e di smi ss the appeal s for w ant o f jur is dicti on.

Br ian Qui nn Chief Justice Do not p ubl is h.