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

[115th Congress Public Law 430]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 5520]]

Public Law 115-430
115th Congress

                                 An Act

 
   To designate additions to the Flatside Wilderness on the Ouachita 
National Forest, and for other purposes. <<NOTE: Jan. 10, 2019 -  [H.R. 
                                5636]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Flatside 
Wilderness Enhancement Act. 16 USC 1132 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flatside Wilderness Enhancement 
Act''.
SEC. 2. ADDITIONS TO FLATSIDE WILDERNESS.

    Section 3(d) of Arkansas Wilderness Act of 1984 (Public Law 98-508; 
98 Stat. 2349) is amended by inserting ``and certain land in the 
Ouachita National Forest, which comprise approximately 640 acres, as 
generally depicted as `Recommended Wilderness Area' on the map titled 
`Flatside Wilderness, Recommended Wilderness Area', dated September 6, 
2018'' after ``1984''.
SEC. 3. DESIGNATION OF WILDERNESS ADDITION.

    The wilderness addition created under section 2 shall be known as 
the Bethune Woods-Flatside Wilderness. Any reference in a law, map, 
regulation, document, paper, or other record of the United States to 
such portion of the Flatside Wilderness shall be deemed to be a 
reference to the Bethune Woods-Flatside Wilderness.

    Approved January 10, 2019.

LEGISLATIVE HISTORY--H.R. 5636:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-989 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Nov. 13, considered and passed House.
            Dec. 22, considered and passed Senate.

                                  <all>
```
DEPARTMENTOFTHEARMY HEADQUARTERS, U.S. ARMY AERONAUTICAL SERVICES AGENCY 9325 GUNSTON ROAD, SUITE N319 FORT BELVOIR, VA 22060-5582

Office ofthe Director of Plans, Policy and Programs

US DepartmentofTransportation DocketOperations, M-30 1200 NewJerseyAvenue, SE, Room W12-140 Washington, DC 20590-0001 Dear Siror Madam: Request an extension to Exemption Number 9835B (Regulatory Docket Number FAA-2002-13066) granted to the Department of the Army. This exemption from §91.209(a) (1) and (2) of Title 14, Code of Federal Regulations (14 CFR) permits the United StatesArmy to conduct certain military training operations at nightwithout lighted aircraft position lights. The conditions underwhich the current exemption was granted remain in effect.
Forquestions regarding this request, contact the U.S. Department ofthe Army Representative to FAA Headquarters, SFC Jerod Broten at (202) 267-9427 or jerod.broten@faa.gov. Sincerely,

L. S. DIBBLE, DAC, GS-15 Director of Plans, Policy and Programs
[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Notices]
[Page 5967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2698]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Science Board

AGENCY: Department of Defense.

ACTION: Notice of advisory committee meeting.

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

SUMMARY: The Defense Science Board Task Force on High Performance 
Microchip Supply will meet in closed session on March 3, 2004, at 
Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA. The Task 
Force will assess the implications of the movement of manufacturing 
capability and design of high performance microchips and will address 
the Department of Defense's (DoD) ability to obtain radiation hardened 
microchips, the ability to produce limited quantities of special 
purpose microchips in a timely and secure manner, and the ability to 
produce microchips in a timely manner to meet emerging needs.
    The mission of the Defense Science Board is to advise the Secretary 
of Defense and the Under Secretary of Defense for Acquisition, 
Technology & Logistics on scientific and technical matters as they 
affect the perceived needs of the Department of Defense. Specifically, 
the Task Force will look at root causes associated with the migration 
of the manufacturing capability of high performance semiconductors; 
policies or technology investments that DoD, either alone or in 
conjunction with other U.S. government agencies, can pursue which will 
influence the migration of manufacturing to foreign shores; 
alternatives to the creation of trusted foundries based on U.S. 
territory; whether testing is a viable alternative and if so, the level 
of assurance testing will provide to guarantee that only intended 
functions are built into the microchip; alternative manufacturing 
techniques which may allow overseas fabrication of the microchips and 
subsequent interconnect in the U.S.; and future technologies which the 
U.S. may invest in to replace the current microchip technology.
    In accordance with section 10(d) of the Federal Advisory Committee 
Act, Pub. L. 92-463, as amended (5 U.S.C. App. II), it has been 
determined that these Defense Science Board Task Force meetings concern 
matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, the 
meetings will be closed to the public.

    Dated: February 3, 2004.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-2698 Filed 2-6-04; 8:45 am]
BILLING CODE 5001-06-M
#### Lawrence I. Becker, Appellant, v. Axel L. Wenner-Gren, Respondent.

No opinion. Settle order on notice. Present — Peek, P. J., Dore, Callahan, Van Voorhis and Shientag, JJ.
United States Court of Appeals

for the Fifth Circuit

No. 21-50079

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

David Aundra Straughn, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:03-CR-3-1

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

David Aundra Straughn, federal prisoner # 72866-080, appeals the 

denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. 

We review for an abuse of discretion. See United States v. Chambliss, 948 F.3d 

691, 693 (5th Cir. 2020). We need not consider whether the district court 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 22, 2022

Lyle W. Cayce

Clerk

Case: 21-50079 Document: 00516366263 Page: 1 Date Filed: 06/22/2022
No. 21-50079

2

erred by determining that Straughn failed to show extraordinary and 

compelling reasons warranting a sentence reduction because the district 

court’s alternative consideration of the 18 U.S.C. § 3553(a) factors provides 

a sufficient basis for affirmance. See Ward v. United States, 11 F.4th 354, 360-

62 (5th Cir. 2021); Chambliss, 948 F.3d at 693-94. 

On appeal, Straughn contends that, when the § 3553(a) factors are 

considered properly, intervening changes in sentencing laws, his personal 

history and characteristics, the seriousness of his offense, and his record of 

rehabilitation weigh in favor of his release from prison. However, the district 

court thoroughly analyzed multiple sentencing factors in light of Straughn’s 

criminal history and offense conduct. Straughn’s disagreement with the 

district court’s weighing of the § 3553(a) factors does not warrant reversal. 

See Chambliss, 948 F.3d at 694.

AFFIRMED.

Case: 21-50079 Document: 00516366263 Page: 2 Date Filed: 06/22/2022
§ 269.7 Form ID, uniform application for access codes to file on EDGAR. Form ID must be filed by registrants, third party filers, or their agents, to request the following access codes to permit filing on EDGAR: ( a ) Central Index Key (CIK)—uniquely identifies each filer, filing agent, and training agent.
( b ) CIK Confirmation Code (CCC)—used in the header of a filing in conjunction with the CIK of the filer to ensure that the filing has been authorized by the filer.
( c ) Password (PW)—allows a filer, filing agent or training agent to log on to the EDGAR system, submit filings, and change its CCC.
( d ) Password Modification Authorization Code (PMAC)—allows a filer, filing agent or training agent to change its Password.
[69 FR 22710, Apr. 26, 2004, as amended at 86 FR 25805, May 11, 2021] Editorial Note
Editorial Note: For Federal Register citations affecting Form ID, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, James G. Ivey, certify that:

 

1. I have reviewed thisquarterly report on Form 10-Q as amended by this Form 10-Q/A of MarkWestHydrocarbon, Inc.;

 

2. Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4. The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

a)              Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)             Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures****and presented in this report ourconclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation;and

 

c)              Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5. The registrant’s other certifyingofficers and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing theequivalent function):

 

a)             Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)             Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal controls over financialreporting.

 

 
| Date:  October 20, 2005 | By:    |   /s/  JAMES G. IVEY       |   |
|-------------------------|--------|--------------------------------------|--------|
|                    |   |   James  G. Ivey           |
|                    |   |   Chief  Financial Officer |

 

----
[Federal Register Volume 69, Number 233 (Monday, December 6, 2004)]
[Notices]
[Pages 70456-70457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26712]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments

[[Page 70457]]

must be received not later than December 20, 2004.
    A. Federal Reserve Bank of Atlanta (Sue Costello, Vice President) 
1000 Peachtree Street, N.E., Atlanta, Georgia 30303:
    1. Rogers Investments, LP, Russellville, Alabama, with Dianne 
Rogers Barnes, Marietta, Georgia, and Robert Isaac Rogers, Jr., 
Russellville, Alabama, as general partners; Rogers Family Holdings, 
LLC, Russellville, Alabama, with Dianne Rogers Barnes and Robert Isaac 
Rogers, Jr., as managers, and whose members include the two managers 
and Anne C. Rogers, Russellville, Alabama, the R.I. Rogers, Sr. Marital 
Trust GST Non--Exempt, the Robert I. Rogers, Sr. GST Exempt Family 
Trust, and the Robert I. Rogers, Sr. Marital Trust GST Exempt, with 
Robert Isaac Rogers, Jr., and Dianne Rogers Barnes serving as trustees 
of the trusts; and Robert Isaac Rogers, Jr., and Dianne Rogers Barnes; 
to collectively retain voting shares of Valley Bancshares, Inc., and 
thereby indirectly retain voting shares of Valley State Bank, both of 
Russellville, Alabama.

    Board of Governors of the Federal Reserve System, November 30, 
2004.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 04-26712 Filed 12-3-04; 8:45 am]
BILLING CODE 6210-01-S
exv10w23



 








EXHIBIT 10.23




AMENDMENT #2




CARDTRONICS, INC.




(formerly Cardtronics Group, Inc.)




2001 STOCK INCENTIVE PLAN




I. PURPOSE





     Whereas on June 4, 2001, Cardtronics, Inc. (the “Company”) adopted the CARDTRONICS GROUP, INC.
2001 STOCK INCENTIVE PLAN (the “Plan”).



     Whereas, initially the Plan provided that the aggregate number of shares of Common Stock that
may be issued under the Plan shall not exceed 400,920 shares; provided, however, that the number of
shares of Common Stock that may be issued under the Plan shall be increased automatically to
476,114 shares upon the subsequent aggregate capital contribution to the Company of $5,000,000 by
Summit Capital II, L.P., and Summit Capital Parallel II, L.P.(now known as CapStreet II, L.P., and
CapStreet Parallel II, L.P. and herein collectively called “CapStreet”), within one year of the
execution of, and in accordance with, that certain Contribution Agreement dated June 4, 2001, by
and among Summit Capital II, L.P., Summit Capital Parallel II, L.P., Card Pro, Inc., certain
Securityholders of Card Pro, Inc., and the Company;



     Whereas, the above-described additional contribution by CapStreet was timely made and
therefore the aggregate number of shares of Common Stock that could be issued under the Plan
increased to 476,114; and



     Whereas, pursuant to the written consent of the Shareholders the aggregate number of shares
that may be issued under the Plan was increased by 8,000 shares i.e. to 484,114 and such increase
was evidenced by Amendment #1 dated effective January 30, 2004.



     Whereas, pursuant to the unanimous consent of the Board of Directors on June 23, 2004, the
aggregate number of shares that may be issued under the plan was further increased to a maximum of
650,000.



     Now therefore, Section V(a) of the Plan is hereby amended such that nothing to the contrary in
said section and subject to adjustment in the same manner as provided in Paragraph VIII with
respect to shares of Common Stock subject to Options then outstanding, the aggregate number of
shares of Common Stock that may be issued under the Plan shall not exceed 650,000.



Dated effective June 23, 2004.




	 	 	 	 	 
	 	CARDTRONICS, INC.

 	 
	 	By:  	/s/ Michael E. Keller
 	 
	 	 	Michael E. Keller, Secretary 	 
	 	 	 	 
	 



Cardtronics, Inc.

2001 Stock Incentive Plan

Amendment #1




-1-
#### § 274.11A Form N-1A, registration statement of open-end management investment companies.

Form N-1A shall be used as the registration statement to be filed pursuant to section 8(b) of the Investment Company Act of 1940 by open-end management investment companies other than separate accounts of insurance companies or companies which issue periodic payment plan certificates or which are sponsors or depositors of companies issuing such certificates. This form shall be used for registration under the Securities Act of 1933 of the securities of all open-end management investment companies other than registered separate accounts of insurance companies. This form is not applicable for small business investment companies which register pursuant to §§ 293.24 and 274.5 of this chapter.

[48 FR 37940, Aug. 22, 1983, as amended at 59 FR 52701, Oct. 19, 1994]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form N-1A, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
#### Sidney S. Korzenik, Respondent, v. Butler, Binion, Rice & Cook, a Partnership, Appellants.

Order unanimously reversed, with $20 costs and disbursements to the appellants, and the motion denied, without prejudice to an appli*942cation by plaintiff to take deposition by written interrogatories or by open commission at plaintiff’s initial expense. It is doubtful whether an examination before trial is necessary and, if necessary, it does not appear that the information sought cannot be obtained adequately by the procedure indicated. Present — Peck, P. J., Dore, Cohn, Callahan and Botein, JJ. [See 283 App. Div. 708.]
#### Pierce R. McConaughy, Respondent, v. Hastings Pavement Co., Inc., Appellant.

In an action to recover damages for wrongful discharge in breach of an oral contract of employment, the jury rendered a verdict for $4,433.34 in plaintiff’s favor. Defendant appeals from the judgment entered thereon. Judgment reversed on the law and the facts and a new trial granted, with costs to abide the event. In our opinion, the verdict is against the weight of the evidence. Nolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JIMMY D. BIZZELL, 

Plaintiff-Appellant, 

 v. 

KING COUNTY DEPARTMENT OF 

ADULT AND JUVENILE DETENTION, 

AKA RJC, Maleng Regional Justice Center, 

Defendant-Appellee.

No. 16-36031 

D.C. No. 2:16-cv-00401-JLR 

MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

James L. Robart, District Judge, Presiding

Submitted October 23, 2017**

Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.

Jimmy D. Bizzell, a former pretrial detainee, appeals pro se from the district 

court’s judgment dismissing for failure to exhaust administrative remedies his 42 

U.S.C. § 1983 action arising from his inability to access religious services, meals, 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

OCT 30 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-36031 

and head coverings. We have jurisdiction under 28 U.S.C. § 1291. We review de 

novo. Albino v. Baca, 747 F.3d 1162, 1168-71 (summary judgment is proper 

procedural vehicle for determining exhaustion). We affirm.

Summary judgment was proper because Bizzell failed to raise a genuine 

dispute of material fact as to whether he properly exhausted administrative 

remedies or whether administrative remedies were effectively unavailable to him. 

See Ross v. Blake, 136 S. Ct. 1850, 1858-60 (2016) (describing limited 

circumstances under which administrative remedies are deemed unavailable); 

Woodford v. Ngo, 548 U.S. 81, 85, 93-95 (2006) (holding that proper exhaustion is 

mandatory); see also Lira v. Herrera, 427 F.3d 1164, 1170 (9th Cir. 2005) (“[A] 

district court must dismiss a case without prejudice when there is no presuit 

exhaustion, even if there is exhaustion while suit is pending.” (citation and internal 

quotation marks omitted)).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
### Part J—Advanced Research Projects Agency–Health
§ 1305.3 Definitions. ( a ) The definitions in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) apply to this part 1305.
( b ) *Asbestos* means a group of mineral fibers composed of hydrated silicates, oxygen, hydrogen and other elements such as sodium, iron, magnesium and calcium in diverse combinations and are: Amosite, chrysotile, crocidolite, anthophyllite asbestos, actinolite asbestos, and tremolite asbestos.
( c ) *Free-form asbestos* is that which is not bound, woven, or otherwise “locked-in” to a product by resins or other bonding agents, or those from which fibers can readily become airborne with any reasonably foreseeable use.
( d ) *Emberizing materials* means an asbestos-containing material generally packed in an “emberizing” kit to be placed under artificial logs in gas-burning fireplace systems or in artificial fireplaces for decorative purposes. The product is also glued to artificial logs, either at a factory or by a consumer using an emberizing kit. (Synthetic logs manufactured of cellulostic products which are consumed by flames are not included in this definition. Electric artificial logs and artificial ash beds used in electric fireplaces, which do not contain respirable free-form asbestos are not included in this definition.)
EXHIBIT 32.2

CERTIFICATION OF

CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

In connection with the
accompanying Quarterly Report on Form 10-Q of MediciNova, Inc. (the Company) for the period ended September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Shintaro
Asako, as Vice President and Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to 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.



Date: November 12, 2009By:

/s/    SHINTARO
ASAKOShintaro Asako Vice President and Chief Financial Officer (Principal Financial
Officer)


The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and such certification is not to be incorporated by reference into any filing of the Company, whether
made before or after the date hereof, regardless of any general incorporation language in such filing. A signed original 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.