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

109TH CONGRESS 

1ST SESSION H. R. 2557

To suspend temporarily the duty on air freshener electric devices. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2005

Mr. RYAN of Wisconsin introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL

To suspend temporarily the duty on air freshener electric 

devices.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AIR FRESHENER ELECTRIC DEVICES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following:

‘‘ 9902.98.08 Air freshener electric devices 

that diffuse fragrance 

throughout a room using a 

continuous action batteryoperated ultrasonic micropump controlled by a 

microchip that automatically 

releases measured puffs of 

fragrance (provided for in 

subheading 8424.89.70) ...... Free No Change No Change On or Before 

12/31/2008 ’’. 
2

•HR 2557 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act.

Æ
#### The People of the State of New York, Respondent, v Clifford C. Wood, Appellant.

[715 NYS2d 106]

Carpinello, J.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered January 18, 2000, convicting defendant upon his plea of guilty of the crime of criminal sale of marihuana in the third degree.

*516In full satisfaction of an indictment and a pending misdemeanor charge, defendant pleaded guilty to criminal sale of marihuana in the third degree, a class E felony *(see,*Penal Law § 221.45), with the understanding that the People would recommend that defendant serve at least four months in jail. As a part of the plea agreement, defendant agreed to pay restitution in a specified sum and waived his right to appeal. Following a sentencing hearing, County Court sentenced defendant to five years’ probation, 120 days in jail, the agreed-upon restitution and 50 hours of community service. Defendant appeals.

Initially, defendant contends that his guilty plea and waiver of the right to appeal were coerced by the ineffective assistance of his counsel and other surrounding circumstances. Although defendant’s waiver of the right to appeal does not in and of itself preclude our review *(see, People v Seaberg,*74 NY2d 1), defendant’s failure to move to withdraw his guilty plea or to vacate the judgment of conviction renders defendant’s arguments unpreserved for our review *(see, People v Smith,*271 AD2d 752, 753; *People v Russell,*237 AD2d 841, 842, *lv denied*90 NY2d 897). Nonetheless, were we to review the arguments, we would find them to be lacking in merit. Our review of the record reveals that defendant knowingly, voluntarily and intelligently pleaded guilty and waived his right to appeal with the benefit of meaningful assistance from his counsel *(see, People v Ireland,*274 AD2d 743; *People v Victor,*262 AD2d 872, 873, *lv denied*94 NY2d 830).

Turning to the legality of the sentence imposed, defendant contends, and the People concede, that County Court improperly imposed a sentence of community service. Penal Law § 65.10 (2) (h) permits a sentence of community service for a class E felony conviction only where “the defendant has consented to the amount and conditions of such service.” Defendant’s consent to the possibility of community service may not be inferred from the plea allocution and the record is otherwise devoid of any indication that defendant actually consented to the terms and conditions of community service imposed at the time of sentencing. Accordingly, the sentence of community service was not authorized and the matter must be remitted for resentencing *(see, People v Tice,*267 AD2d 504, 505; *People v Suros,*209 AD2d 203, *lv denied*85 NY2d 943, *cert denied*516 US 862).

Mercure, J. P., Spain, Graffeo and Mugglin, JJ., concur. Ordered that the judgment is modified, on the law, by vacating the sentence imposed; matter remitted to the County Court of St. Lawrence County for resentencing; and, as so modified, affirmed.
§ 180.540 Motion to compel discovery. ( a ) If a deponent fails to answer a question propounded, or a party upon whom a discovery request has been made fails to respond adequately, objects to a request, or fails to produce documents or other inspection as requested, the discovering party may move the ALJ for an order compelling discovery in accordance with the request. The motion shall: ( 1 ) State the nature of the request;
( 2 ) Set forth the response or objection of the deponent or party upon whom the request was served;
( 3 ) Present arguments supporting the motion; and
( 4 ) Attach copies of all relevant discovery requests and responses.
( b ) For the purposes of this section, an evasive or incomplete answer or response will be treated as a failure to answer or respond.
( c ) In ruling on a motion under this section, the ALJ may enter an order compelling a response in accordance with the request, may issue sanctions under paragraph (d) of this section, or may enter a protective order under § 180.535.
( d ) *Sanctions.* If a party fails to provide or permit discovery, the ALJ may take such action as is just, including but not limited to the following: ( 1 ) Inferring that the admission, testimony, document, or other evidence would have been adverse to the party;
( 2 ) Ordering that, for purposes of the adjudication, the matters regarding which the order was made or any other designated facts shall be taken to be established in accordance with the claim of the party obtaining the order;
( 3 ) Prohibiting the party failing to comply with the order from introducing evidence concerning, or otherwise relying upon, documents or other evidence withheld;
( 4 ) Ordering that the party withholding discovery not introduce into evidence, or otherwise use in the hearing, information obtained in discovery;
( 5 ) Permitting the requesting party to introduce secondary evidence concerning the information sought;
( 6 ) Striking any appropriate part of the pleadings or other submissions of the party failing to comply with such order; or
( 7 ) Taking such other action as may be appropriate.
#### Nathan Berlin, Appellant, v. E. S. Kuh & Valk Company, Respondent.

—Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
Case 3:08-cv-05667-MEJ Document 57 Filed 04/27/10 Page 1 of 2
April 27 All e-filing requirements remain in effect, and the Court's previous order to manually serve Plaintiffs shall be disregarded.

Case 3:08-cv-05667-MEJ Document 57 Filed 04/27/10 Page 2 of 2
§ 1000.524 What are HUD's performance measures for the review? HUD has the authority to develop performance measures which the recipient must meet as a condition for compliance under NAHASDA. The performance measures are: ( a ) The recipient has complied with the required certifications in its IHP and all policies and the IHP have been made available to the public.
( b ) Fiscal audits have been conducted on a timely basis and in accordance with the requirements of the Single Audit Act, as applicable. Any deficiencies identified in audit reports have been addressed within the prescribed time period.
( c ) Accurate annual performance reports were submitted to HUD in accordance with § 1000.514.
( d ) The recipient has met the IHP-planned activities in the one-year plan.
( e ) The recipient has substantially complied with the requirements of 24 CFR part 1000 and all other applicable Federal statutes and regulations.
[63 FR 12349, Mar. 12, 1998, as amended at 72 FR 41213, July 26, 2007; 77 FR 71529, Dec. 3, 2012]
### §7218. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(6), Feb. 10, 1996, 110 Stat. 664

Section, Pub. L. 95–91, title VI, §603, formerly §608, Aug. 4, 1977, 91 Stat. 596; renumbered §603 and amended, Pub. L. 103–160, div. C, title XXXI, §3161(c)(1)(D), (E), Nov. 30, 1993, 107 Stat. 1958, related to sanctions.

A prior section 603 of Pub. L. 95–91 was classified to section 7213 of this title prior to repeal by Pub. L. 103–160.

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

#### Effective Date of Repeal

For effective date and applicability of repeal, see section 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces.
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 the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS) Treasury. 

# ACTION:

Notice. 

# SUMMARY:

                        An open meeting of the Area 7 committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel (TAP) is soliciting public comments, ideas, and                               ( print page 76832)                            suggestions on improving customer service at the Internal Revenue Service. The TAP will use citizen input to make recommendations to the Internal Revenue Service.                     

# DATES:

The meeting will be held Wednesday, January 19, 2005. 

# FOR FURTHER INFORMATION CONTACT:

Mary Peterson O'Brien at 1-888-912-1227, or 206-220-6096. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Area 7 Taxpayer Advocacy Panel will be held Wednesday, January 19, 2005 from 9 a.m. Pacific Time to 10 a.m. Pacific Time via a telephone conference call. The public is invited to make oral comments. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Mary Peterson O'Brien, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or you can contact us at                     *http://www.improveirs.org.*                     Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Mary Peterson O'Brien. Ms. O'Brien can be reached at 1-888-912-1227 or 206-220-6096.                 

The agenda will include the following: Various IRS issues. 

Dated: December 17, 2004. 

Bernard Coston, 

Director, Taxpayer Advocacy Panel. 

[FR Doc. 04-28016 Filed 12-21-04; 8:45 am] 

BILLING CODE 4830-01-P
### §5914. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 93–577, §15, Dec. 31, 1974, 88 Stat. 1894; Pub. L. 95–91, title III, §301(a), title VII, §§703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 95–238, title II, §206(b), Feb. 25, 1978, 92 Stat. 61, which required the Secretary to submit annually to Congress a report detailing the activities carried out pursuant to this chapter during the preceding fiscal year, a detailed description of the comprehensive plan for nuclear and nonnuclear energy research, development, and demonstration then in effect under section 5905(a) of this title, a detailed description of the comprehensive nonnuclear research, development, and demonstration program then in effect under section 5905(b) of this title, and a detailed description of the environmental and safety research, development, and demonstration activities carried out and in progress and which provided that those reports would satisfy the reporting requirements of section 5877(a) of this title insofar as is concerned activities, goals, priorities, and plans of the Secretary pertaining to nonnuclear energy, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 20th item on page 86 of House Document No. 103–7.
§ 120.66 Affiliate. ( a ) *Affiliate* (of a registrant) means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such registrant.
( b ) For purposes of this section, “control” means having the authority or ability to establish or direct the general policies or day-to-day operations of the firm. Control is rebuttably presumed to exist where there is ownership of 25 percent or more of the outstanding voting securities if no other person controls an equal or larger percentage.
#### The People of the State of New York, Respondent, v Timothy F. Giarratano, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered January 27, 1977, convicting him of criminal sale of a controlled substance in the fifth degree, upon a plea of guilty, and imposing sentence. Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court for the purpose of entering an order in its discretion pursuant to CPL 160.50. In the light of the uncontested proof that the testimony before the Grand Jury related solely to the sale of a controlled substance, cocaine, and that the substance involved was in fact lidocaine, which is not a controlled substance, it was error to accept a plea of guilty to the crime of criminal sale of a controlled substance. Under the circumstances, the judgment of conviction must be reversed and the indictment dismissed. We note also that the defendant has served the 10 days’ incarceration imposed upon him. Martuscello, J. P., Damiani, Shapiro and O’Connor, JJ., concur.
§ 1003.100 General. ( a ) *Types of grants.* Two types of grants are available under the Indian CDBG Program. ( 1 ) *Single purpose grants* provide funds for one or more single purpose projects consisting of an activity or set of activities designed to meet a specific community development need. This type of grant is awarded through competition with other single purpose projects.
( 2 ) *Imminent threat grants* alleviate an imminent threat to public health or safety that requires immediate resolution. This type of grant is awarded only after an Area ONAP determines that such conditions exist and if funds are available for such grants.
( b ) *Size of grants* — ( 1 ) *Ceilings.* Each Area ONAP may recommend grant ceilings for single purpose grant applications. Single purpose grant ceilings for each Area ONAP shall be established in the NOFA (Notice of Funding Availability).
( 2 ) *Individual grant amounts.* An Area ONAP may approve a grant amount less than the amount requested. In doing so, the Area ONAP may take into account the size of the applicant, the level of demand, the scale of the activity proposed relative to need and operational capacity, the number of persons to be served, the amount of funds required to achieve project objectives, the reasonableness of the project costs, and the administrative capacity of the applicant to complete the activities in a timely manner.
[61 FR 40090, July 31, 1996. Redesignated at 62 FR 12349, Mar. 12, 1998, as amended at 66 FR 4580, Jan. 17, 2001; 66 FR 8176, Jan. 30, 2001]
#### § 35.43 Collection of civil penalties and assessments.

Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions.
#### § 92.20 Administering an affirmation.

In administering an affirmation the procedure followed is generally the same as in the case of an oath, but the formula is varied by the use of the following words: “You do solemnly, sincerely, and truly affirm and declare that . . ., and this you do under the pains and penalties of perjury.”
#### Jose German SOLIS, Petitioner-Appellant, v. Gene M. JOHNSON, Director, Department of Corrections, Respondent-Appellee.

No. 07-6035.

United States Court of Appeals, Fourth Circuit.

Submitted: April 26, 2007.

Decided: May 2, 2007.

Jose German Solis, Appellant Pro Se. Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WILLIAMS, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*110PER CURIAM:

Jose German Solis seeks to appeal the magistrate judge’s order dismissing as untimely his 28 U.S.C. § 2254 (2000) petition.* The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Solis has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*

*

 The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).
Case 3:08-md-01930-MMC Document 261 Filed 07/21/10 Page 1 of 2
July 21 /s/ Susan Illston for

Case 3:08-md-01930-MMC Document 261 Filed 07/21/10 Page 2 of 2
#### Samuel Mosbarger, appellee, v. George W. Brown and Mary E. Brown, appellants.

Bill to foreclose mortgage, and for appointment of receiver. Decree of foreclosure granted. Appeal from the Circuit Court of Piatt county; the Hon. George A. Sentel, Judge, presiding. Heard in this court at the October term, 1922.

Reversed and remanded -with directions.

Opinion filed April 23, 1923.

Rehearing denied June 26, 1923.

E. J. Hawbaker and Thomas J. Kastel, for appellants. James L. Hicks and George B. Gillespie, for appellee; James L. Hicks, Geo. M. Gillespie and Thos. E. Gillespie, of counsel.

Mr. Presiding Justice Niehaus

delivered the opinion of the court. -
### §5780. Transferred

#### **Editorial Notes**

#### Codification

Section 5780 was editorially reclassified as section 41308 of Title 34, Crime Control and Law Enforcement.
#### Realworth Properties, Inc., Appellant, v. Sol Bachler et al., Respondents.

Motion granted and appeal dismissed.
### §71m. Omitted

#### **Editorial Notes**

#### Codification

Section, act Apr. 9, 1930, ch. 125, §10(a), 46 Stat. 152, which provided for repeal of limitation upon number of senior surgeons and Assistant Surgeons General at large of Public Health Service on active duty, was executed to section 34 of this title.
Editorial Note on Part 141
Editorial Note: Nomenclature changes to part 141 appear at 68 FR 51358, Aug. 26, 2003.

§ 141.6 Conduct of investigation. ( a ) *Periodic compliance reviews.* The responsible Department official or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part.
( b ) *Complaints.* Any person who believes himself or any specific class of individual to be subjected to discrimination prohibited by this part may by himself or by a representative file with the responsible Departmental official a written complaint. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Departmental official or his designee.
( c ) *Investigations.* The responsible Department official or his designee will make a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part.
( d ) *Resolution of matters.* ( 1 ) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part, the responsible Department official or his designee will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 141.7.
( 2 ) If an investigation does not warrant action pursuant to paragraph (d)(1) of this section the responsible Department official or his designee will so inform the recipient and the complainant, if any, in writing.
( e ) *Intimidatory or retaliatory acts prohibited.* No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the Act or this part, or because he has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. The identity of complainants shall be kept confidential except to the extent necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or judicial proceeding arising thereunder.
[30 FR 314, Jan. 9, 1965, as amended at 38 FR 17947, July 5, 1973]
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Uni

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Stat

es D

istr

ict C

ourt

For t

he N

orth

ern 

Dis

trict

 of C

alifo

rnia

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

MICHAEL SKARRY,

Plaintiff,

    v.

COUNTY OF CONTRA COSTA, et al.,

Defendants                                                                      /

No. C 08-5789 MMC

ORDER OF DISMISSAL

The remaining parties having reached a settlement of the above-titled action at the

settlement conference conducted March 3, 2010, 

IT IS HEREBY ORDERED that plaintiff’s claims alleged herein against all remaining

defendants be dismissed without prejudice; provided, however, that if any party hereto shall

certify to this Court, within ninety (90) days, with proof of service of a copy thereon on

opposing counsel, that the agreed consideration for the settlement has not been delivered,

the foregoing order shall stand vacated and the action shall forthwith be restored to the

calendar to be set for trial.

IT IS SO ORDERED.

Dated:  March 4, 2010                                                    MAXINE M. CHESNEYUnited States District Judge

Case 3:08-cv-05789-MMC   Document 40   Filed 03/04/10   Page 1 of 1