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

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2478 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2478

To reinstate the authority of the Federal Communications Commission and 
     local franchising authorities to regulate the rates for cable 
                          television service.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2003

  Mr. Frank of Massachusetts introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To reinstate the authority of the Federal Communications Commission and 
     local franchising authorities to regulate the rates for cable 
                          television service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    The Act may be cited as the ``Cable Consumer Rights Act of 2003''.

SEC. 2. REPEAL.

    Subsection (b) of section 301 of the Telecommunications Act of 1996 
is repealed.

SEC. 3. REINSTATEMENT OF PRIOR LAW.

    Section 623 of the Communications Act of 1934 (47 U.S.C. 543) shall 
be effective as if section 301(b) of the Telecommunications Act of 1934 
had not been enacted.

SEC. 4. EFFECTIVE DATE.

    The provisions of this Act shall be effective 90 days after the 
date of enactment of this Act.
                                 <all>
```
#### In the Matter of George Anson, on Behalf of Himself and All Other Residents and Property Owners in the Incorporated Village of Island Park, Nassau County, Similarly Situated, Appellant, against John McGann et al., Constituting the Board of Trustees of the Village of Island Park, Nassau County, et al., Appellants, and Albert Steiner et al., Respondents.

*587In our opinion such determination by the village

board of trustees is a duty specifically enjoined upon them by section 53 of the Village Law which they have failed to perform. (See *Matter of Frame,*69 Misc. 568.) Carswell, Acting P. J., Adel, Sneed, Wenzel and Macérate, JJ. Settle order on notice.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-12-00860-CV

Henry Gilbert AYALA and Chesapeake Exploration, LLC,

Appellants

v.

Natividad A. SOTO,

Appellee

From the 81st Judicial District Court, La Salle County, Texas

Trial Court No. 11-03-00037-CVL

Honorable Fred Shannon, Judge Presiding

BEFORE JUSTICE ANGELINI, JUSTICE BARNARD, AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the trial court order granting summary 

judgment in favor of Natividad A. Soto is REVERSED; it is RENDERED that Natividad A. Soto 

take nothing against Chesapeake Exploration, LLC, and this cause is REMANDED to trial court 

for further proceedings consistent with this opinion. Costs of appeal are taxed against Appellee 

Natividad A. Soto.

SIGNED April 23, 2014.

_____________________________

Karen Angelini, Justice
<PAGE>


                                                                    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 of Penge Corp (the "Company") on Form
10-Q for the quarterly period ended September 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Kirk
Fischer, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that
to the best of my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934; and

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


                   /s/ Kirk Fischer
--------------------------------------------------------
         Kirk Fischer, Chief Executive Officer
                     November 14, 2006
### §6701. Definitions

In this chapter:

(1) Compensation.—The term "compensation" means any of the payments or fringe benefits described in section 6703 of this title.

(2) Secretary.—The term "Secretary" means the Secretary of Labor.

(3) Service employee.—The term "service employee"—

(A) means an individual engaged in the performance of a contract made by the Federal Government and not exempted under section 6702(b) of this title, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States;

(B) includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor; but

(C) does not include an individual employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations.

(4) United states.—The term "United States"—

(A) includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but

(B) does not include any other territory under the jurisdiction of the United States or any United States base or possession within a foreign country.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3811.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6701 | 41:357. | Pub. L. 89–286, §8, Oct. 22, 1965, 79 Stat. 1036; Pub. L. 93–57, §1, July 6, 1973, 87 Stat. 140; Pub. L. 94–489, §3, Oct. 13, 1976, 90 Stat. 2358. |

Section

In paragraph (3), the word "individual" is substituted for "person" because of the definition of "person" in 1:1. The words "contract made by the Federal Government" are substituted for "contract entered into by the United States" for consistency in the revised title. The words "as of July 30, 1976, and any subsequent revision of those regulations" are omitted as obsolete.

In paragraph (4)(A), the words "the outer Continental Shelf" are substituted for "Outer Continental Shelf lands" for consistency with the definition in 43:1331 and for consistency with the more common usage generally found in subchapter III of chapter 29 of title 43. The words "Eniwetok Atoll, Kwajalein Atoll" are omitted because they are part of the Marshall Islands and therefore no longer part of the United States. The words "Canton Island" are omitted because it is part of Kiribati and therefore no longer part of the United States.

#### **Editorial Notes**

#### References in Text

The Outer Continental Shelf Lands Act, referred to in par. (4)(A), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.
[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Notices]
[Pages 67962-67963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25767]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Manufacturer of Controlled Substances; Notice of Application

    Pursuant to Section 1301.33(a) of Title 21 of the Code of Federal 
Regulations (CFR), this is notice that on August 19, 2004, ISP, 
Freetown Fine Chemicals, Inc., 238 South Main Street, Assonet, 
Massachusetts 02702, made application

[[Page 67963]]

by renewal to the Drug Enforcement Administration (DEA) for 
registration as a bulk manufacturer of the basic classes of controlled 
substances listed:

------------------------------------------------------------------------
                    Drug                               Schedule
------------------------------------------------------------------------
2, 5-Dimethoxyamphetamine (7396)...........  I
Amphetamine (1100).........................  II
Phenylacetone (8501).......................  II
------------------------------------------------------------------------

    The company plans to manufacture phenylacetone to be used in the 
manufacture of the amphetamine. The bulk 2, 5-dimethoxyamphetamine will 
be used for conversion into non-controlled substances.
    Any other such applicant and any person who is presently registered 
with DEA to manufacture such substance may file comments or objections 
to the issuance of the proposed registration pursuant to 21 CFR 
1301.33(a).
    Any such comments or objections may be addressed, in quintuplicate, 
to the Deputy Assistant Administrator, Office of Diversion Control, 
Drug Enforcement Administration, United States Department of Justice, 
Washington, DC 20537, Attention: DEA Federal Register Representative, 
Office of Liaison and Policy (ODLR) and must be filed no later than 
January 21, 2005.

    Dated: November 8, 2004.
William J. Walker,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 04-25767 Filed 11-19-04; 8:45 am]
BILLING CODE 4410-09-P
ATOMIC SAFETY AND LICENSING BOARD TO HOLD ORAL ARGUMENTS 

MAY 18 ON DAVIS-BESSE SHIELD BUILDING CRACKING

The Atomic Safety and Licensing Board (ASLB) will hear oral arguments May 18 on a 

request to consider cracks in the Davis-Besse nuclear plant’s shield building “an aging-related 

feature” that would preclude renewing the plant’s operating license for an additional 20 years.

The contention was filed in January by four intervenors in the hearing: Beyond Nuclear, 

Citizens Environment Alliance of Southwestern Ontario, Don’t Waste Michigan, and the Green 

Party of Ohio. The May 18 oral arguments will discuss whether the ASLB should admit the 

contention or an alternative wording suggested by the NRC staff.

The oral arguments will be held Friday, May 18, in the Common Pleas Courtroom of the 

Ottawa County Courthouse, 315 Madison St., in Port Clinton, Ohio, beginning at 9 a.m. and 

ending no later than 4:30 p.m.

Only lawyers for the intervenors, the NRC staff and FirstEnergy, Davis-Besse’s operator, 

will be allowed to participate. The public and media are welcome to attend, but signs, banners, 

posters or other displays will not be permitted in the courtroom.

###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should 

contact the Office of Public Affairs beforehand.

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

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: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-047 May 2, 2012
§ 785.1 Scope and definitions. ( a ) *Scope.* This Part 785 describes the sanctions that apply to violations of the Act and the APR. It also establishes detailed administrative procedures for certain violations of the Act. Violations for which the statutory basis is the Act are set forth in § 785.2 of the APR. BIS investigates these violations, prepares charges, provides legal representation to the U.S. Government, negotiates settlements, and initiates and resolves proceedings. The administrative procedures applicable to these violations are described in §§ 785.3 through 785.19 of the APR.
( b ) *Definitions.* The following are definitions of terms as used only in part 785 of the APR. For definitions of terms applicable to parts 781 through 786 of the APR, unless otherwise noted in this paragraph or elsewhere in the APR, see part 781 of the APR. *The Act.* The U.S. Additional Protocol Implementation Act of 2006 (Public Law 109-401, 120 Stat. 2726 (December 18, 2006)).
*Assistant Secretary for Export Enforcement.* The Assistant Secretary for Export Enforcement, Bureau of Industry and Security, United States Department of Commerce.
*Final decision.* A decision or order assessing a civil penalty, or otherwise disposing of or dismissing a case, which is not subject to further administrative review, but which may be subject to collection proceedings or judicial review in an appropriate Federal court as authorized by law.
*Office of Chief Counsel.* The Office of Chief Counsel for Industry and Security, United States Department of Commerce.
*Recommended decision.* A decision of the administrative law judge in proceedings involving violations of part 785 that is subject to review by the Secretary of Commerce, or a designated United States Government official.
*Report.* For the purposes of part 785 of the APR, the term “report” means any report required under parts 783 through 786 of the APR.
*Respondent.* Any person named as the subject of a letter of intent to charge, a Notice of Violation and Assessment (NOVA), or order.
*Under Secretary, Bureau of Industry and Security.* The Under Secretary, Bureau of Industry and Security, United States Department of Commerce.
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

| 1.     | Such                Yearly Report on Form 10-KSB for the period ended December 31, 2006,                fully                complies with the requirements of Section 13(a) or 15(d) of the Securities                Exchange Act of 1934; and                                                  |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                                                              |
| 2.     | The                information contained in such Yearly Report on Form 10-KSB for the                period                ended December 31, 2006, fairly presents, in all material respects,                the                financial condition and results of operations of Segway IV Corp. |

| By:    | */s/*   *Donny                Smith*Donny                SmithChief Executive                OfficerChief Financial                Officer |
|-----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                  |                                                                                                                                                                |

| Dated: | March                23, 2007 |
|--------|-------------------------------|
Third Department,

October, 1943.

(October 1, 1943.)

#### In the Matter of Francis McGovern, Respondent; Carl O. Olson, Appellant.*

*

Revg, 180 Misc. 508. Revd. with opinion 291 N. T, 104.

Hill, P. J., Crapser and Heffernan, JJ., concur; Bliss, J., dissents in memorandum, in which Selienek, J., concurs.

Bliss, J.

(dissenting). It is undisputed in this record that there was no meeting of the members of the County Committee to nominate appellant as required by the third paragraph of section 139 of the Election Law, which requires the action of a majority of a quorum of the members. The affidavit of one Braun filed by appellant and appellant’s brief both show that the certificate purporting to nominate appellant was not made by the members of the County Committee at a meeting and was signed by two of the members in the absence of the other members. Finally, the certificate of nomination of appellant is insufficient on its face. In the light of all the undisputed facts no further proof of its invalidity was necessary. The certificate was invalid and cannot be sustained. The certificate purporting to nominate Nugent is valid on its face and was the only valid certificate on file.
#### British American Tobacco Company v. United States Fidelity and Guaranty Company.

Motion dismissed, with ten dollars costs. Memorandum per curiam. Present— Clarke, P. J., Laughlin, Dowling, Smith and Davis, JJ.
No. II-10-059 August 18, 2010 

CONTACT: Roger Hannah (404) 997-4417 E-mail: OPA2@nrc.gov

 Joey Ledford (404) 997-4416 

NRC SCHEDULES MEETING TO DISCUSS INSPECTION RESULTS FOR 

CRYSTAL RIVER NUCLEAR PLANT CONTAINMENT 

The Nuclear Regulatory Commission staff has scheduled a meeting in Crystal River, Fla., 

to discuss the results of an NRC special inspection looking into the circumstances surrounding a 

gap discovered in the concrete of the containment building at the Crystal River nuclear power 

plant last fall. The Crystal River plant is operated by Progress Energy on the west coast of 

Florida about 80 miles north of Tampa. 

The meeting, scheduled for 10 a.m. on Thursday, Sept. 2 in Room 150 of the Crystal 

River nuclear plant training center, 8200 West Venable Street in Crystal River, will be open to 

members of the public and the news media. NRC team members will also be available to answer 

questions after the results are presented. 

 The NRC inspection team has continued its work since October, conducting multiple 

inspections and reviews of the company’s analyses and other information. The Crystal River 

plant staff first discovered the containment separation during a planned refueling outage which 

was also used to replace the steam generators inside containment. To move the large steam 

generators inside the containment building, workers removed concrete to create the necessary 

opening, and found a gap in the concrete in that area. The Crystal River containment is about 42 

inches thick and contains both horizontal and vertical tensioned steel tendons. The separation 

was found about 9 inches from the outer surface of the concrete. 

The plant will not restart until the NRC is satisfied that the analyses and repairs to the 

containment building provide the required safety margin. The agency will schedule another 

public meeting in the Crystal River area prior to the restart of the plant. 

The NRC will also issue a written report of the inspection team’s review in the next 

several weeks and that report will be available on the NRC’s web site at www.nrc.gov. 

### 

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, Region II 

245 Peachtree Center Ave. NE, Suite 1200 

Atlanta, GA 30303-1257 

Web Site: www.nrc.gov
§ 785.11 Prehearing conference. ( a ) On the ALJ's own motion, or on request of a party, the ALJ may direct the parties to participate in a prehearing conference, either in person or by telephone, to consider: ( 1 ) Simplification of issues;
( 2 ) The necessity or desirability of amendments to pleadings;
( 3 ) Obtaining stipulations of fact and of documents to avoid unnecessary proof; or
( 4 ) Such other matters as may expedite the disposition of the proceedings.
( b ) The ALJ may order the conference proceedings to be recorded electronically or taken by a reporter, transcribed and filed with the ALJ.
( c ) If a prehearing conference is impracticable, the ALJ may direct the parties to correspond with the ALJ to achieve the purposes of such a conference.
( d ) The ALJ will prepare a summary of any actions agreed on or taken pursuant to this section. The summary will include any written stipulations or agreements made by the parties.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-7782

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RODNEY LORENZO WYATT, JR., a/k/a Rodney Lorenzo Wyatt,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Richmond. Robert E. Payne, Senior District Judge. (3:09-cr-00133-REP-RCY-1)

Submitted: July 21, 2022 Decided: January 11, 2023

Before MOTZ, HARRIS, and RUSHING, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

ON BRIEF: Geremy C. Kamens, Federal Public Defender, Frances H. Pratt, Assistant 

Federal Public Defender, Robert J. Wagner, Assistant Federal Public Defender, OFFICE 

OF THE FEDERAL PUBLIC DEFENDER, Alexandria, Virginia, for Appellant. G. 

Zachary Terwilliger, United States Attorney, Alexandria, Virginia, Richard D. Cooke, 

Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, 

Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 19-7782 Doc: 40 Filed: 01/11/2023 Pg: 1 of 2
2

PER CURIAM:

Rodney Lorenzo Wyatt, Jr., appeals the district court’s order denying his motion for 

a sentence reduction under § 404 of the First Step Act of 2018 (“the Act”), Pub. L. No. 115-

391, 132 Stat. 5194. Although the court found Wyatt eligible for relief under the Act, the 

court exercised its discretion and declined to reduce Wyatt’s term of imprisonment. In 

denying Wyatt’s motion, however, the district court did not demonstrate that it considered 

Wyatt’s nonfrivolous argument that his Sentencing Guidelines range has been significantly 

reduced since his original sentencing. See Concepcion v. United States, 142 S. Ct. 2389,

2405 (2022) (holding that, although a district court is not required “to make a point-bypoint rebuttal of the parties’ arguments,” it must “demonstrate that it has considered the 

arguments before it”). 

Because the district court did not have the benefit of the Supreme Court’s decision 

in Concepcion when it ruled on Wyatt’s motion, we vacate and remand so the court may 

reassess Wyatt’s motion. By this disposition, we express no view on the ultimate merits 

of Wyatt’s motion. We dispense with oral argument because the facts and legal contentions 

are adequately presented in the materials before this court and argument would not aid the 

decisional process.

VACATED AND REMANDED

USCA4 Appeal: 19-7782 Doc: 40 Filed: 01/11/2023 Pg: 2 of 2
#### Fannie Ruderman, Respondent, v. Stanley Ruderman, Appellant.

No opinion. Present — Peck, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ.; Van Voorhis, J., votes to affirm on the ground of lack of due process only. [193 Misc. 85.]
#### § 750.5 [Reserved]
§ 906.18 Final decision of the Department. ( a ) The Regional Administrator's written decision to adopt, reverse, or modify an NAO decision or revised decision pursuant to § 906.17(c) is the final decision of the Department for the purposes of judicial review.
( b ) If the Regional Administrator does not take action pursuant to § 906.17(c)(1), NAO's decision issued pursuant to § 906.15(a) or revised decision issued pursuant to § 906.16(d)(2) or (e) becomes the final decision of the Department for the purposes of judicial review 30 days after service of NAO's notification under § 906.17(a), or upon expiration of any stay issued by the Regional Administrator pursuant to § 906.17(c)(2).
( c ) The office that issued the initial administrative determination shall implement the final decision of the Department within 30 days of service of the final decision issued pursuant to § 906.18(a), or within 30 days of the decision becoming final pursuant to § 906.18(b), to the extent practicable.