alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-60055

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SONIA HERNANDEZ, also known as Sealed Defendant 2

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

(USDC No. 1:97CR47PG)

- - - - - - - - - -

February 25, 1998

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. 

PER CURIAM:*

Sonia Hernandez appeals from the district court’s order

denying release pending trial. She argues that the district

court’s review of the magistrate judge’s detention order was

untimely. We have reviewed the record and find no reversible

error. See United States v. Barker, 876 F.2d 475, 477 (5th Cir.

1989). Accordingly, the district court’s detention order as to

Hernandez is 

AFFIRMED.
### IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON On Rem and From

Suprem e Court of

Tennesse e May

27, 2003 TROY ALLEN THOMPSON v. ELISA CONNEL L HULBERT

An Appeal from the Juvenile Court for Shelby County No. L8261 A. V. McDowell, Judge

No. W2003-01275-COA-RM-CV - Filed August 28, 2003

This case inv olves a c onst itu tional challenge to the Tennessee Child Support Guidelines, Tenn. Comp. R. & Regs. 1240- 2-4. In our i nitial Opinion in this case, we held that the challenged guidelines were unconstitutional because that they were violative of

the equal protection guarantees of t he feder al and state constitutions. The Supreme Court of Tennessee gra nted certiorari and remanded the case to this Court for reconsideration in light of the Supreme Court’s recent decision in Gallaher v. Elam , 104 S.W.3d 455 (Tenn. 2003). I n light of Ga llaher , we must conclude that there is no const

itutional d

efect in the chal lenged

child support guideline provisions. Co ns eq ue nt ly, we affi rm the ch ild suppor

t award o rdered by t he trial c ourt. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Juvenile Court is Affirmed
H OLLY M. K IRBY , J., delivered the opinion of the cour t, in w hich W. F RANK C RAWFORD , P.J., W.S., and D AVID R. F ARMER , J., joined.
David A. McLaughlin and G ail R. Sevier, Memphis, Tennessee, for the appellant, Troy Allen Thompson.
Paul G. Summers , Attorney General and R eporter, and K im Be al s, Assista nt Attorne

y G eneral , Nashville, Tennessee, for the appellee, State of T ennessee. OPINION
The Petitioner

/Appella nt Troy Thompson f

iled the o rigina l appeal in this act

io n, claiming that the Tenn essee Ch

ild Support Gu

idelines, specific ally

Tenn. Comp . R. & Reg s. 1240-2-4, were unconstit utional. In our initial Opinion in this case, we ag reed withthe Appellant and held that the challenged

guidelines were unconstitutional because they were violative of th e equal protection guarantees of the federal and state constitutions. Thompson v. Hulb ert , No. W2000-02675-COAR3-JV, 2002 WL 1838131 (Tenn. Ct. App. Aug. 9, 2002). The Supreme Court of Tennessee granted certiorari and remanded the case to this Court for reconsidera tion in light of the Supreme Court’s recent decision in Gallaher v. Elam , 104 S.W.3d 455 (Tenn. 2003).-2-

In Gallaher , the Tennessee Supreme Court held that the same guideline provisions at issue in the instant case were constitutional, and that the chal lenged classifi cations h ad a rea sonable relation ship to alegitimate state interest. Gallaher , 104 S .W.3 d at 46 1-62. In light of tha t hol ding, we must conclude t hat the tr ial cour t’s awar d of child support w as appro

priate, and we a

dopt its determination as the Opinion of this Court. See Whiton v. Whiton , No. E2003 -01279-C OA-RMCV, 2003 WL 21516221 (Tenn. Ct. App. June 27, 2003). The decision of the juvenile court is affirmed. Costs are to be taxed to the appellant, Troy Allen Thompson, and his surety, for w hich execution may issue, if nece ssary.

___________________________________ HOLL Y M. KIRBY, JUDGE
§ 841.203 Withdrawal of applications. ( a ) Except as provided in paragraphs (b) and (c) of this section, an applicant for benefits under FERS may withdraw his or her application for benefits until a payment based on that application has been authorized, but not thereafter.
( b ) An applicant for benefits under FERS may not withdraw his or her application for benefits after OPM has received a certified copy of a court order (under part 581 of this chapter or subpart I of this part) affecting the benefits.
( c ) When an “appropriate authority” determines that the separation upon which payment has been based is an “unjustified or unwarranted personnel action” as these terms are defined in § 550.804 of this chapter, an individual may withdraw his/her application for FERS benefits within 60 days of the decision. As provided in § 550.805, any FERS payments must be deducted from any back pay award.
NRC ANNOUNCES NOTICES OF CONSIDERATION OF APPROVAL AND 

OPPORTUNITY FOR A HEARING ON THE PROPOSED INDIRECT TRANSFER OF 

CONTROL OF LICENSES BETWEEN EXELON AND NRG ENERGY 

 The Nuclear Regulatory Commission today announced the notices of consideration of 

approval and opportunity for a hearing on the proposed indirect license transfer resulting from 

the proposed merger between Exelon Corporation and NRG Energy, Inc. 

On January 29, Exelon submitted an application for the indirect transfer of NRG’s 44 

percent share of interest in STP Nuclear Operating Company’s South Texas Project, Units 1 and 

2. Subsequently a supplement to this application was filed on March 18. The NRC review of 

indirect license transfer requests considers issues such as foreign ownership; control or 

dominance of ownership; and whether the proposed change in corporate control will affect the 

licensee’s financial and technical qualifications. 

 A copy of the submitted application and supplemental application are available in the 

NRC’s Agencywide Documents Access and Management Systems (ADAMS) under accession 

number ML090420400 and ML090850487, respectively. ADAMS is accessible via the agency’s 

Web site at: http://www.nrc.gov/reading-rm/adams.html. Help in using ADAMS is available by 

contacting the NRC’s Public Document Room at 1-800-397-4209 or 301-415-4737, or by e-mail 

at pdr.resource@nrc.gov. 

The NRC has issued in the Federal Register (http://www.nrc.gov/reading-rm/doccollections/cfr/fr/2009/) notices of consideration of approval, request for a hearing and a petition 

for leave to intervene. The deadline for requesting a hearing is July 29 and the end of the 

comment period is Aug. 6. 

The Commission is reviewing the application and has not made any decision regarding 

the outcome of its review. Petitions may be filed by anyone whose interest may be affected by 

the Commission’s actions on the application, who wishes to participate as a party in the 

proceeding, and who meets criteria set out in the NRC’s regulations. 

### 

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa.resource@nrc.gov

Site: http://www.nrc.gov

No. 09-125 July 10, 2009
### §603. Regulations

The Secretary concerned and the Secretary of Veterans Affairs shall prescribe regulations necessary to carry out this chapter.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 484; Pub. L. 101–189, div. A, title XVI, §1621(b)(2), Nov. 29, 1989, 103 Stat. 1604.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 603 | 37:353 (1st 28 words). | June 21, 1950, ch. 342, §3 (1st 28 words), 64 Stat. 249; Aug. 7, 1959, Pub. L. 86–145, §2, 73 Stat. 297. |

The words "effectively" and "provisions of" are omitted as surplusage.

#### **Editorial Notes**

#### Amendments

1989—Pub. L. 101–189 substituted "Secretary of Veterans Affairs" for "Administrator of Veterans' Affairs".
§ 630.1013 Participation in voluntary leave transfer and leave bank programs. ( a ) If an agency or organizational subunit establishes a voluntary leave bank program under this subpart— ( 1 ) A covered employee may also participate in a voluntary leave transfer program under subpart I of this part;
( 2 ) Except as provided in paragraphs (b) and (c) of this section, any annual leave previously transferred to an employee under the voluntary leave transfer program shall remain to the credit of the employee who later becomes a leave recipient in a leave bank and shall become subject to the agency's policies and procedures for administering this subpart; and
( 3 ) The agency or organizational subunit shall establish policies or procedures governing the use of donated or transferred leave for any leave recipient who receives leave under both a voluntary leave transfer program and a voluntary leave bank program for the same medical emergency.
( b ) Upon termination of a leave recipient's medical emergency, any annual leave previously transferred under the voluntary leave transfer program and remaining to the credit of a leave recipient shall be restored under § 630.911(a) through (d).
( c ) Transferred annual leave restored to the account of a leave donor under paragraph (b) of this section shall be subject to the limitation imposed by 5 U.S.C. 6304(a) at the end of the leave year in which the annual leave is restored.
Home > NRC Library > ADAMS Public Documents

# SECY-09-0035 - Proposed Rule:  Requirements for Distribution of Byproduct Material, Parts 30, 31, 32, 40, and 70 (RIN3150-AH91)

Accession Number: ML083120324

Date Released: Thursday, March 19, 2009

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML083120330 - SECY-09-0035 - Proposed Rule:  Requirements for Distribution of Byproduct Material, Parts 30, 31, 32. 40, and 70 (RIN3150-AH91) (11 page(s), 2/26/2009)
    - ML090160359 - SECY-09-0035 - Enclosure 1:  Discussion of State Comments (2 page(s), 2/26/2009)
    - ML083120335 - SECY-09-0035 - Enclosure 2:  Federal Register Notice re: Proposed Rule:  Requirements For Distribution of Byproduct Material, Parts 30, 31, 32, 40, and 70 (RIN3150-AH91) (104 page(s), 2/26/2009)
    - ML083170132 - SECY-09-0035 - Enclosure 3:  Regulatory Analysis re:  Proposed Rule:  Requirements For Distribution of Byproduct Material, Parts 30, 31, 32, 40, and 70 (RIN 3150-AH91) (37 page(s), 2/26/2009)
    - ML083170174 - SECY-09-0035 - Enclosure 4:  Draft Environmental Assessment re:  Proposed Rule:  Requirements For Distribution of Byproduct Material, Parts 30, 31, 32, 40, and 70 (RIN 3150-AH91) (14 page(s), 2/26/2009)

Privacy PolicySite Disclaimer
#### Herman Rothschild et al., Suing for Themselves as Stockholders and All Other Stockholders of Chemacid Societe Anonyme in Like Situation, Appellants, v. Chemacid Societe Anonyme et al., Defendants, and Otto Rosenthal et *al.,*Defendants-Respondents.

(Appeal No. 1.)

No opinion. Close, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.
### **CHAPTER 407—CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY**

#### SUBCHAPTER I—CORPORATION

Sec.
40701.
Organization.
40702.
Governing body.
40703.
Powers.
40704.
Restrictions.
40705.
Duty to maintain tax-exempt status.
40706.
Distribution of assets on dissolution.
40707.
Nonapplication of audit requirements.

#### SUBCHAPTER II—CIVILIAN MARKSMANSHIP PROGRAM

40721.
Responsibility of corporation.
40722.
Functions.
40723.
Eligibility for participation.
40724.
Priority of youth participation.
40725.
National Matches and small-arms firing school.
40726.
Allowances for junior competitors.
40727.
Army support.
40728.
Transfer of firearms, ammunition, and parts.
40728A.
Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation.
40728B.
Recovery of excess rifles, ammunition, and parts granted to foreign countries and transfer to certain persons.
40729.
Reservation of firearms, ammunition, and parts.
40730.
Surplus property.
40731.
Issuance or loan of firearms and supplies.
40732.
Sale of firearms and supplies.
40733.
Applicability of other law.

#### **Editorial Notes**

#### Amendments

**2016**—Pub. L. 114–328, div. A, title X, §1096(c), Dec. 23, 2016, 130 Stat. 2441, added item 40728B.

**2006**—Pub. L. 109–364, div. A, title III, §354(b), Oct. 17, 2006, 120 Stat. 2162, added item 40728A.
§ 410.306 Selecting and assigning employees to training. ( a ) Each agency shall establish criteria for the fair and equitable selection and assignment of employees to training consistent with merit system principles specified in 5 U.S.C. 2301(b)(1) and (2).
( b ) Persons on Intergovernmental Personnel Act mobility assignments may be assigned to training if that training is in the interest of the Government. ( 1 ) A State or local government employee given an appointment in a Federal agency under the authority of section 3374(b) of title 5 of the United States Code, is deemed an employee of the Federal agency. The agency may provide training for the State or local government employee as it does for other agency employees.
( 2 ) A State or local government employee on detail to a Federal agency under the authority of section 3374(c) of title 5 of the United States Code, is not deemed an employee of the Federal agency. However, the detailed State or local government employee may be admitted to training programs the agency has established for Federal personnel and may be trained in the rules, practices, procedures and/or systems pertaining to the Federal government.
( c ) Subject to the prohibitions of § 410.308(a), an agency may pay all or part of the training expenses of students hired under the Pathways Internship Program (see 5 CFR part 362, subpart B).
[61 FR 66193, Dec. 17, 1996; 61 FR 68119, Dec. 27, 1996, as amended at 89 FR 25775, Apr. 12, 2024]
#### Speedway Products, Inc., v. Frank Calland, Individually and as President of Local 786 of the International Brotherhood of Electrical Workers, A. F. of L., et al.

Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ. [See *ante,*p. 748.]
§ 849.401 Responsibilities of a representative payee. ( a ) A representative payee shall, subject to review by the agency and subject to such requirements as it may periodically prescribe, apply the payments made on behalf of the annuitant only for the use and benefit of such annuitant, and in a manner or purpose that is in the best interest of the annuitant.
( b ) A representative payee shall notify the agency of any event that will affect the amount of benefits the annuitant receives or the right of the annuitant to receive benefits.
( c ) A representative payee shall notify the agency of any change in circumstances that would affect performance of the payee's responsibilities.
( d ) A representative payee shall keep the annuity paid to him or her on behalf of the annuitant separate from his or her own money in an account that shows that the annuitant is still the owner of the funds. The applicant must show proof of this account when applying to be the representative payee and use this account for direct deposit. Exceptions to this paragraph (d) are joint accounts for spouses, when one spouse applies to be representative payee for the other spouse and they already have an existing joint account.
( e ) Any interest earned on the annuity will be the annuitant's property.
( f ) A representative payee shall respond to requests, regarding the use of annuity payments, from OPM within a specified period of time.
EXHIBIT 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED,

PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report, or the Report, of Multimedia Games, Inc., or the Company, on Form 10-Q for the
quarter ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof, the undersigned, Clifton E. Lind, Chief Executive Officer, and Randy S. Cieslewicz, Chief Financial Officer of the Company, each certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 906), that, based upon each of their respective knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m); and
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the registrant.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |  |  |                         |  |                                            
|-------------------- |  |  |  |  |  | ----------------------- |  | -------------------------------------------
|Date: August 9, 2007 |  |  |  |  |  | /s/ Clifton E. Lind    
|                     |  |  |  |  |  |                         |  | Clifton E. Lind Chief Executive
Officer    
|                     |  |  | 
|                     |  |  |  |  |  | /s/ Randy S. Cieslewicz
|                     |  |  |  |  |  |                         |  | Randy S. Cieslewicz Chief Financial
Officer

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.
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.                  

###### Federal Election Commission

# TIME AND DATE:

Tuesday, January 8, 2019 at 10:00 a.m.

# PLACE:

1050 First Street NE, Washington, DC.

# STATUS:

This Meeting Will be Closed to the Public.

# MATTERS TO BE CONSIDERED:

Compliance matters pursuant to 52 U.S.C. 30109.

Matters concerning participation in civil actions or proceedings or arbitration.

*Additional Information:*

This meeting will be cancelled if the Commission is not open due to a funding lapse.

* * * * *

# CONTACT PERSON FOR MORE INFORMATION:

Judith Ingram, Press Officer, Telephone: (202) 694-1220.

Laura E. Sinram,

Deputy Secretary of the Commission.

[FR Doc. 2018-28165 Filed 12-21-18; 11:15 am]

 BILLING CODE 6715-01-P
# FILED

October 2, 199 6 Cecil W. Crowson Ap pellate Cou rt Clerk 

### IN THE COUR T OF APPEAL S OF TENNES SEE

MIDDLE SECT ION AT NASHVILL E

MICHAEL SCOTT EVANS, ) ) Plaintiff/Appellant, ) Appeal No. ) 01-A-01-9511-JV-00508 v. ) ) Davidson Juvenile KAREN MARIE BISSON STEELMAN, ) No. 9419-13267 ) Defendant/Appellee. )



## CONCURRING OPINION

I fully concur in Judge Cantrell's opinion. I have read withmuch interest Judge Koch's disse nting opinion. The matters
set forth in the dissenting opinion might make good public policy, but the setting of public policy is not a matter for this court or any court in Tennessee.

"[It is generally recognized that the public policy of a State is to be found in its Constitution and stat u tes, and] only in the absence of any declarationin [Constitution and statutes] may [public policy] be determined from judicial decisions. [In order to ascertain the public policyof a State in respect to any matter, the acts of the legislative department should be looked to, because a legislative act, if constitutional, declares in term s the policy of the State, and is final so far as the courts are concerned.] All questions of policy ar e for the legislature, and not for the courts . . . [Hence the courts are not at liberty to declare a law void as in violation of public p olicy.] Where courts intrude into their decrees their opinion on questions of public policy, they in effect constitute the judicial tribunal as law making bodies in usurpation of the powers of the legislature." Hodges v. S.C. Toof & Co. , 833 S.W.2d 896, 902-03 (Tenn. 1992)(quoting Cavender v. Hewitt , 145 Tenn. 471, 475-76, 239 S.W. 767, 768 (1921))(alterations in original).

"This court can know nothing of public policy except from the Constitution and the laws, and the course of administratio n an d decision. It has no legislative powers. It cannot amend or modify any legislative acts. It cannot examine ques tion s as expedient or inexpedient, as politic or impolitic. Considerations of that sort must, in general, beaddressed to the Legislature. Questions of policy determined there are concluded here.["] "There are cases, it is true, in which arguments drawnfrom public policy must have large influence; but these are cases in which the course of legislationand administration does not leave any doubt upon the question what the public policy is, andin which what would other wise b e obscure or a doubtful interpretation, may be cleared and res olvedby reference to what is already receiv e d and established.["] Nashville Railway & Light Co. v. Lawson , 144 Tenn. 78, 91, 229 S.W. 741, 744 (Tenn. 1921)(quoting License Tax Case , 5 Wall. 462, 469, 18 L. Ed. 497, 500 (1867)).

The statue in this c as e is clear and constitutional. Therefore, I concur in Judge Cantrell's well-reasoned opinion.

________________________________ SAMUEL L. LEWIS, J.