alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 2472.11 Final action by the Panel. ( a ) After due consideration of the parties' positions, evidence, and arguments, including any report submitted in accordance with § 2472.10, the Panel shall take final action in favor of the agency's determination if: ( 1 ) The finding on which a determination under 5 U.S.C. 6131(c)(2) not to establish a flexible or compressed work schedule is based is supported by evidence that the schedule is likely to cause an adverse agency impact; or
( 2 ) The finding on which a determination under 5 U.S.C. 6131(c)(3) to terminate a flexible or compressed work schedule is based is supported by evidence that the schedule has caused an adverse agency impact.
( b ) If the finding on which an agency determination under 5 U.S.C. 6131(c)(2) or (c)(3) is based is not supported by evidence that the schedule is likely to cause or has caused an adverse agency impact, the Panel shall take whatever final action is appropriate.
( c ) In preparation for taking such final action, the Panel may hold hearings, administer oaths, take the testimony or deposition of any person under oath, and issue subpoenas, or it may appoint one or more individuals to exercise such authority on its behalf. Such action may be taken without regard to procedures previously authorized by the Panel.
( d ) Notice of any final action of the Panel shall be promptly served upon the parties.
[48 FR 19695, May 2, 1983. Redesignated and amended at 61 FR 41295, 41296, Aug. 8, 1996]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6148

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BRIAN LINTON, a/k/a Bee,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at New Bern. Malcolm J. Howard, 

Senior District Judge. (4:95-cr-00041-H-3)

Submitted: August 16, 2012 Decided: August 20, 2012

Before KING and THACKER, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Brian Linton, Appellant Pro Se. Thomas Gray Walker, United 

States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Brian Linton seeks to appeal the district court’s 

order denying his Fed. R. Civ. P. 60(b) motion for 

reconsideration of the district court’s order denying relief on 

his 28 U.S.C.A. § 2255 (West Supp. 2012) motion. The order is 

not appealable unless a circuit justice or judge issues a 

certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 

A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Linton has not made the requisite showing. Accordingly, 

although we grant Linton’s pending motion to seal, we deny a 

certificate of appealability and dismiss the appeal. We 
3

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.

DISMISSED
### SUBCHAPTER V—RIGHTS AND BENEFITS
#### § 2429.19 Revocation of assignments.

Consistent with the exceptions in 5 U.S.C. 7115(b), after the expiration of the one-year period during which an assignment may not be revoked under 5 U.S.C. 7115(a), an employee may initiate the revocation of a previously authorized assignment at any time that the employee chooses. After the expiration of the one-year period of irrevocability under 5 U.S.C. 7115(a), upon receiving an employee's request to revoke a previously authorized dues assignment, an agency must process the revocation request as soon as administratively feasible.

[85 FR 41172, July 9, 2020]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-5038

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus JOSE LEPE-RODRIGUEZ, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (CR-05-25) Submitted: May 8, 2006 Decided: May 25, 2006 Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. U. Wilfred Nwauwa, LAW OFFICES OF U. WILFRED NWAUWA, Charlotte, North Carolina, for Appellant. Gretchen C. F. Shappert, United States Attorney, C. Nicks Williams, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* U.S. Sentencing Guidelines Manual (2004). - 2 - PER CURIAM: Jose Lepe-Rodriguez appeals the sixty-three-month sentence imposed following his guilty plea to reentry after deportation in violation of 8 U.S.C. § 1326(a), (b)(2) (2000). Lepe-Rodriguez challenges the reasonableness of his sentence, asserting that the district court erred in sentencing him in four ways: 1) the court failed to adequately explain its sentencing determination; 2) the court failed to consider all 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2005) factors in determining the sentence; 3) the court gave exclusive consideration to the Guideline *range, effectively rendering it mandatory; and 4) the court imposed a sentence greater than necessary to comply with the purposes of sentencing. We find, however, that the district court sentenced Lepe-Rodriguez only after appropriately considering and examining the Sentencing Guidelines and the § 3553(a) factors, as instructed by United States v. Booker , 543 U.S. 220 (2005). “The district court need not discuss each factor set forth in § 3553(a) ‘in checklist fashion’; ‘it is enough to calculate the range accurately and explain why (if the sentence lies outside it) this defendant deserves more or less.’” United States v. Moreland , 437 F.3d 424, 432 (4th Cir. 2006) (quoting United States v. Dean , 414 F.3d 725, 729 (7th Cir. 2005)). The district court sentenced Lepe-Rodriguez within the applicable- 3 - advisory Guideline range and well below the twenty-year statutory maximum set forth in 8 U.S.C. § 1326(b)(2). We cannot conclude that, under these circumstances, Lepe-Rodriguez's sentence is unreasonable. SeeUnited States v. Johnson , 445 F.3d 339, 345 (4th Cir. 2006); United States v. Green , 436 F.3d 449, 457 (4th Cir. 2006) (finding that sentence imposed within properly calculated advisory guidelines range is presumptively reasonable), cert. denied , __ U.S. __, 2006 WL 1057741 (U.S. May 22, 2006) (No. 05- 10474). Accordingly, we affirm the sentence. 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.

AFFIRMED
§ 178.107 Finality of claim settlements. ( a ) The OPM settlement is final; no further administrative review is available within OPM.
( b ) Nothing is this subpart limits the right of a claimant to bring an action in an appropriate United States court.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               MAR-31-1995
<CASH>                                       2,813,000
<SECURITIES>                                         0
<RECEIVABLES>                                  621,000
<ALLOWANCES>                                   431,000
<INVENTORY>                                  1,124,000
<CURRENT-ASSETS>                             5,886,000
<PP&E>                                         644,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              11,908,000
<CURRENT-LIABILITIES>                        2,546,000
<BONDS>                                        312,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,000
<OTHER-SE>                                   7,617,000
<TOTAL-LIABILITY-AND-EQUITY>                11,908,000
<SALES>                                      1,439,000
<TOTAL-REVENUES>                             1,439,000
<CGS>                                          943,000
<TOTAL-COSTS>                                  943,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,000
<INCOME-PRETAX>                            (1,875,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,833,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,833,000)
<EPS-PRIMARY>                                    (.41)
<EPS-DILUTED>                                        0
        

</TABLE>
EXHIBIT 13
                             SERVICER'S CERTIFICATE

In accordance with Section 4.11 of the Sale and Servicing Agreement dated as of
August 31, 1997, the Money Store Auto Finance, Inc. reports the following
information pertaining to Series 1997-3, for the calendar year 1997.

A. Information Regarding Monthly Distribution:

   1. NOTES

   (a) The aggregate amount of the distribution with 
       respect to:
           Class A-1 Notes                                  12,425,407.51
           Class A-2 Notes                                   1,315,744.16
           Class A-3 Notes                                     812,700.00

   (b) The amount of the distribution set forth in A. 1. 
       (a) above in respect of interest on:
           Class A-1 Notes                                    485,919.54
           Class A-2 Notes                                  1,315,744.16
           Class A-3 Notes                                    812,700.00

   (c)  The amount of the distribution set forth in A. 1.
        (a) above in  respect of principal of:
           Class A-1 Notes                                  8,527,942.32
           Class A-2 Notes                                  0
           Class A-3 Notes                                  0

    2.  SERVICING FEE

   (a)  The aggregate amount of the Servicing Fee paid
        to the Servicer with respect to the preceding 
        Monthly Period from the Collection Account            780,133.39

    3.  OTHER FEES

    (a)  The aggregate amount of trustee fees paid to 
         the Trustee from the Collection Account                  833.32

    (b)  The aggregate amount of insurance premium paid
         to the Security Insurer from the Collection Account   94,313.00



By:   /S/ HARRY PUGLISI
      ----------------------
      Harry Puglisi
      Treasuruer
## Sampling, Certification and Enforcement for Commercial HVAC Equipment
Furnaces Boilers Hot Water Heaters Air Conditioners Heat Pumps

## Certification Procedures
Compliance statement- one-time submittal Certificationreport for each basic model Based on testing or calculation (AEDM) Directly or via VICP

## Testing Basic 

## Models Apply to rating and model validation Must use DOE test procedures Representative, random sample Industry standards for accuracy Sufficientnumber of units Rating based on mean efficiency Statisticallyvalid and accurate (VICP) 

### DOE sampling plan (non-VICP)

## VICP
Voluntary Industry Certification Program Must be approvedby DOE Must meet published requirements Participants have less stringent requirements for sampling and AEDM approval * Verification testing

## VICP Approval Requirements
published procedures participants must report for all covered models published ratings independent,random verification testing industry standards for accuracy appropriate standards for rating verification

## VICP cont.
procedures for re-rating or delisting penaltieslincentives to promote accurate ratings written records to manufacturers verification testing results to DOE

## Non-VICP Participants

Must use DOE samplingplan and confidence limitprocedure Testing only atlby independent laboratories
orpersonnel No verification testing

### Designated DOE SamplingPlan

for energy efficiency- lesser of the sample
mean or the lower 95% confidence limit divided by 0.95 for energy usage- greater ofthe sample
mean or the upper 95% confidence limit divided by 1.05

## AEDM

Alternative Efficiency Detemination Method Validated using measured data (min. 3 for non-VICP, 1for VICP) Maintain written documentation 

### DOE approvalrequired for non-VICP

## AEDM AccuracylValidation
Compare to measured results using DOE test procedure Within 

### 5% for each basic model Within 1 % for average of all basic models i.e. 

### AEDM must not consistently over- or under-predict 

### If only one validation point, must be withinInitial sample size oftwo units Maximum sample size of four units if manufacturer requests Exceptionspossible for very large units by request to DOE Mean energy efficiency ofthe sample must meet 95% of the standard
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 Health and Human Services

###### Centers for Disease Control and Prevention

# FOR FURTHER INFORMATION CONTACT:

R. Louise Floyd,DSN, RN, Designated Federal Official, National Center on Birth Defects and Developmental Disabilities, CDC, 1600 Clifton Road, NE., (E-86), Atlanta, Georgia 30333, telephone (404) 498-3923, fax (404) 498-3550.

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities for both the CDC and ATSDR.                    

Dated: October 27, 2004.

B. Kathy Skipper,

Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 04-24391 Filed 11-1-04; 8:45 am]

BILLING CODE 4163-18-P
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          NOV-02-1997
<PERIOD-START>                             NOV-04-1996
<PERIOD-END>                               FEB-02-1997
<CASH>                                          19,883
<SECURITIES>                                     4,280
<RECEIVABLES>                                   19,817
<ALLOWANCES>                                         0
<INVENTORY>                                     21,741
<CURRENT-ASSETS>                                72,508
<PP&E>                                          73,181
<DEPRECIATION>                                  24,924
<TOTAL-ASSETS>                                 124,125
<CURRENT-LIABILITIES>                           19,884
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           503
<OTHER-SE>                                     103,594
<TOTAL-LIABILITY-AND-EQUITY>                   124,125
<SALES>                                         56,175
<TOTAL-REVENUES>                                56,175
<CGS>                                           24,420
<TOTAL-COSTS>                                   24,420
<OTHER-EXPENSES>                                19,411
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 12,551
<INCOME-TAX>                                     5,168
<INCOME-CONTINUING>                              7,383
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,383
<EPS-PRIMARY>                                      .43
<EPS-DILUTED>                                        0
        

</TABLE>
### §3001. Commissioned officer corps

There shall be in the National Oceanic and Atmospheric Administration a commissioned officer corps.

(Pub. L. 107–372, title II, §211, Dec. 19, 2002, 116 Stat. 3082.)

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

#### Short Title of 2020 Amendment

Pub. L. 116–259, §1(a), Dec. 23, 2020, 134 Stat. 1153, provided that: "This Act [see Tables for classification] may be cited as the 'National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020'."

#### Short Title

Pub. L. 107–372, title II, §201, Dec. 19, 2002, 116 Stat. 3082, provided that: "This title [enacting this chapter, amending section 1406 of Title 10, Armed Services, and section 2396 of Title 22, Foreign Relations and Intercourse, repealing sections 853a to 853l, 853o, 853p to 853r, 853t to 854, 855, 856 to 857–5, 858, 864, and 874 of this title, amending provisions set out as a note under section 1293 of Title 10, and repealing provisions set out as notes under sections 853a and 857–1 of this title and section 101 of Title 38, Veterans' Benefits] may be cited as the 'National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002'."
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs, Region I

 475 Allendale Road, King of Prussia, Pa.

www.nrc.gov

 

No. I-06-001 January 3, 2006

Contact: Diane Screnci, 610/337-5330 E-mail: opa1@nrc.gov

Neil Sheehan, 610/337-5331

NRC, FIRSTENERGY NUCLEAR OPERATING CO. MANAGERS

 TO DISCUSS COMPANY’S FLEET OF NUCLEAR PLANTS

Managers from the Nuclear Regulatory Commission and FirstEnergy Nuclear Operating Co.

(FENOC) will meet on Tuesday, Jan. 10, to discuss FENOC’s three nuclear power plants, which are

located in Pennsylvania and Ohio.

It will provide NRC senior managers from the two regional offices responsible for oversight of

the plants (Regions I and III) with an opportunity to discuss them simultaneously with the company’s

senior management.

The meeting is scheduled to begin at 9 a.m. at FENOC’s Beaver Valley nuclear power plant in

Shippingport, Pa., in Room 103 in the plant’s Training Building, on Shippingport Road. The building

is across from the plant’s parking lot entrance.

 

Members of the public are invited to observe the meeting. Those in attendance will be able to

ask questions or offer comments to NRC officials after the business portion has been concluded but

before the overall session has been adjourned. The meeting notice is available on the agency’s web site

at: http://www.nrc.gov/public-involve/public-meetings/index.cfm .

Besides Beaver Valley, FENOC also owns and operates the Davis-Besse nuclear power plant,

located near Oak Harbor, Ohio, and the Perry nuclear power plant, at Perry, Ohio.

Information about the NRC’s assessment of performance at the respective plants is available on

the agency’s web site at the following addresses:

Beaver Valley 1 – http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/BV1/bv1_chart.html

Beaver Valley 2 – http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/BV2/bv2_chart.html

Davis-Besse – http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/DAVI/davi_chart.html

Perry 1 – http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/PERR1/perr1_chart.html

###
§ 293.104 Collection of information. ( a ) Any information in personnel records whether or not those records are in a system of records, used in whole or in part in making a determination about an individual's rights, benefits, or privileges under Federal personnel programs should, to the greatest extent practicable, be collected directly from the individual concerned. Factors to be considered in determining whether to collect the data from the individual concerned or a third party are when: ( 1 ) The nature of the information is such that it can only be obtained from another party;
( 2 ) The cost of collecting the information directly from the individual is unreasonable when compared with the cost of collecting it from another party;
( 3 ) There is virtually no risk that information collected from other parties, if inaccurate, could result in a determination adverse to the individual concerned;
( 4 ) The information supplied by an individual must be verified by another party; or
( 5 ) There are provisions made, to the greatest extent practicable, to vertify information collected from another party with the individual concerned.