alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 44.30 Hearing procedures. ( a ) *Order of proceeding.* Except as may be ordered otherwise by the administrative law judge, the petitioner shall proceed first at a hearing.
( b ) *Burden of proof.* The petitioner shall have the burden of proving his case by a preponderance of the evidence.
( c ) *Evidence* — ( 1 ) *Admissibility.* A party shall be entitled to present its case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for full and true disclosure of the facts. Any oral or documentary evidence may be received, but the administrative law judge shall exclude evidence which is irrelevant, immaterial, or unduly repetitious.
( 2 ) *Testimony of witnesses.* The testimony of a witness shall be upon oath or affirmation administered by the administrative law judge.
( 3 ) *Objections.* If a party objects to admission or rejection of any evidence, limitation of the scope of any examination or cross-examination, or failure to limit such scope, he shall state briefly the grounds for such objection. Rulings on such objections shall appear in the record.
( 4 ) *Exceptions.* Formal exception to an adverse ruling is not required.
( d ) *Official notice.* Official notice may be taken of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice or concerning which the Department of Labor by reason of its functions is presumed to be expert: *Provided,* That the parties shall be given adequate notice at the hearing or by reference in the presiding administrative law judge's decision of the matters so noticed and shall be given adequate opportunity to show the contrary.
( e ) *Transcript.* Copies of the transcript of the hearing may be obtained by the parties upon written application filed with the reporter and payment of fees at the rate provided in the agreement with the reporter.
§ 285.700 What reports must I submit to BSEE before installing facilities described in my approved SAP, COP, or GAP? ( a ) You must submit the following reports to BSEE before installing facilities described in your approved COP (30 CFR 585.632(a)) and, when required by 30 CFR part 585, in your approved SAP (30 CFR 585.614(b)) or GAP (30 CFR 585.651): ( 1 ) A Facility Design Report (FDR); and
( 2 ) A Fabrication and Installation Report (FIR).
( b ) You may submit separate FDRs and FIRs for integrated asset packages unless otherwise agreed to by BSEE (*e.g.,* wind turbine generator (WTG), offshore substation/electrical service platform, array cables, export cables, and seabed preparation). If you submit separate FDRs and FIRs by integrated asset packages, you must: ( 1 ) Ensure FDR(s) and FIR(s) for integrated asset package(s) are complete (e.g., the WTG package includes the RNA, blades, tower, foundation, and transition piece, if applicable);
( 2 ) Explain to BSEE how all FDR(s) and FIR(s) for integrated asset packages will function together effectively in an integrated manner in accordance with your project design; and
( 3 ) Demonstrate that such integration has been verified by your CVA.
( c ) You may submit your FDRs and FIRs before or after SAP, COP, or GAP approval.
( d ) Subject to the requirements in paragraph (b) of this section, you may commence fabrication and installation of the facilities on the OCS as described in each report: ( 1 ) If BSEE deems your report submitted before SAP, COP, or GAP approval and notifies you of its non-objection to the FDR and FIR or does not respond with objections within 60 business days of SAP, COP, or GAP approval; or
( 2 ) If BSEE deems your report submitted after SAP, COP, or GAP approval and notifies you of its non-objection to the FDR and FIR or does not respond with objections within 60 business days of the report being deemed submitted.
( e ) You may commence procurement of discrete parts of the project that are commercially available in standardized form and type-certified components, or fabrication activities that do not take place on the OCS (e.g., manufacturing), prior to the submittal of the reports required under paragraph (a) of this section or any plans required under 30 CFR parts 585 and 586. The procurement and fabrication of facility components allowed under this section are subject to verification and certification by your CVA, and BSEE may object to the installation of said components on the OCS if it considers that the components or their fabrication are inconsistent with accepted industry or engineering standards, the approved SAP, COP, or GAP, the FDR or FIR, or BSEE's regulations.
( f ) If BSEE has objections, we will notify you in writing within 60 business days of the report being deemed submitted. Following initial notification of any objections, BSEE may follow up with written correspondence detailing its objections to the report and requesting that certain actions be undertaken. You cannot commence fabrication or installation activities on the OCS that are addressed in such reports until you resolve all objections to BSEE's satisfaction.
[89 FR 42715, May 15, 2024]
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§ 252.6 Freedom of Information Act requirements. ( a ) The Director shall make data and information available in accordance with the requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552), the regulations contained in 43 CFR part 2 (Records and Testimony), the requirements of the Act, and the regulations contained in 30 CFR parts 250 and 550 (Oil and Gas and Sulphur Operations in the Outer Continental Shelf) and 30 CFR parts 251 and 551 (Geological and Geophysical Explorations of the Outer Continental Shelf).
( b ) Except as provided in § 252.7 or in 30 CFR parts 250, 251, 550, and 551, no data or information determined by the Director to be exempt from public disclosure under paragraph (a) of this section shall be provided to any affected State or be made available to the executive of any affected local government or to the public unless the lessee, or the permittee and all persons to whom such permittee has sold such data or information under promise of confidentiality, agree to such action.
#### Abraham M. Sackler, Appellant, v. Gloria Sackler, Respondent.

In an action for divorce brought by the husband against his wife, the parties cross-appeal as follows from an interlocutory judgment of the Supreme Court, Kings County, entered February 6, 1963 after trial upon a jury’s verdict in favor of the plaintiff husband on the sole framed issue of the defendant wife’s adultery, and upon the court’s decision as to the custody and support of the infant children of the marriage and the visitation rights of the husband: (1) ’The husband appeals, as limited by his brief, from those portions of the judgment which relate to his visitation rights and the payment of arrears for the support of the wife and the children. (2) The wife appeals from the entire judgment except the provisions thereof which award to her custody of the children and direct the husband to pay accumulated arrears. Judgment modified on the facts as follows: (1) by adding to subdivision 1 of its third ordering paragraph relating to the plaintiff’s visitation rights, a provision to the effect that, on his Wednesday visits, he may take the children from their residence; (2) by providing in subdivision 2 of said paragraph that, during the Summer, the plaintiff may have the children with him for four (instead of two) consecutive weeks; (3) by striking out subdivision 3 of said paragraph requiring the attendance of a competent maid or governess when the children are with plaintiff; and (4) by deleting subdivision 5 of said paragraph imposing geographical limitations upon the plaintiff’s visitation rights. As so modified, the judgment, insofar as appealed from, is affirmed, without costs. Findings of fact contained or implicit in the Special Term’s opinion with respect to custody of the children and plaintiff’s visitation rights which may be inconsistent herewith are reversed, and new findings are made as indicated herein. While so far as we can determine from the record before us, 'Special Term was required to make its determination of the delicate questions involved without the co-operation of the parties or their counsel, nevertheless under all the circumstances we believe that it was an improvident exercise of discretion to limit so drastically the plaintiff’s rights of visitation. [For prior appeal, see 16 A D 2d 423.] Ughetta, Acting P. J., Kleinfeld, Brennan and Hill, JJ., concur; Christ, J., concurs by reason of this court’s majority decision on the prior appeal in this ease, but adheres to the views expressed in the dissenting opinions on such prior appeal (16 A D 2d 423).
#### PEOPLE v. METROPOLITAN SAVINGS & LOAN ASS’N.

(Supreme Court, Appellate Division, Third Department.

March 23, 1905.)

Proceedings by the people of the state of New York against the Metropolitan Savings & Loan Association.

PER CURIAM.

Memorandum handed down March 21st amended, so as to read as follows: “Motion granted, and questions certified as follows: ‘(1) Are the claimants holding shares in said corporation known as class E entitled to the rights of creditors or preferred shareholders of said corporation after its dissolution, as relating to any of the installment stocks in said corporation, and entitled to the payment by the receiver, on the final distribution of the assets of the corporation, to the extent of the par value of such stock, in preference and prior to any payment being made by said receiver to holders of shares of any such installment stocks ? (2) Are the claimants holding shares in said corporation known as cláss K entitled to the rights of creditors or preferred shareholders of said corporation after its dissolution, as relating to any of the installment stocks in said corporation, and entitled to the payment by the receiver, on the final distribution of the assets of the corporation, to the extent of the par value of such stock, in preference and prior to any payment being made by said receiver to holders of shares of any such installment stocks? (3) Are the claimants holding shares in said corporation known as class H entitled to the rights of creditors or preferred shareholders of said corporation after its dissolution, as relating to any of the installment stocks in said corporation, *1139and to the payment by the receiver, on the final distribution of the assets of the corporation, to the extent of the paid-up value of such stock, in preference and prior to any payments being made by said receiver to claimants holding shares of any of the installment stocks in said corporation?’ ”
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-4990

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALLEN EUGENE LAYTON,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Newport News. Henry Coke Morgan, Jr.,

Senior District Judge. (CR-04-65)

Submitted: April 8, 2005 Decided: May 20, 2005

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Affirmed in part, vacated in part, and remanded by unpublished per

curiam opinion.

Frank Willard Dunham, Jr., Federal Public Defender, Alexandria,

Virginia, Robert James Wagner, Federal Public Defender, Richmond,

Virginia, for Appellant. Paul Joseph McNulty, United States

Attorney, Alexandria, Virginia, Timothy Richard Murphy, Special

Assistant United States Attorney, Newport News, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Allen Eugene Layton pled guilty to possession with intent

to distribute cocaine base in violation of 21 U.S.C. § 841(a)(1)

(2000), possession of a firearm during and in furtherance of a drug

trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A) (2000),

and possession of a firearm by a convicted felon in violation of 18

U.S.C. § 922(g)(1) (2000). On October 26, 2004, the district court

sentenced Layton to concurrent eighty-four month prison terms on

counts one and three and a consecutive sixty-month prison term on

count two, followed by five years of supervised release. However,

in light of Blakely v. Washington, 124 S. Ct. 2531 (2004), and

pursuant to this court’s recommendation in United States v.

Hammoud, 378 F.3d 426 (4th Cir.) (order), opinion issued by 381

F.3d 316, 353-54 (4th Cir. 2004) (en banc), cert. granted and

judgment vacated, 125 S. Ct. 1051 (2005), the district court

announced an alternative prison sentence for counts one and three

of seventy-two months. After Layton filed his notice of appeal,

the Supreme Court decided United States v. Booker, 125 S. Ct. 738

(2005). Layton has now filed an unopposed motion to remand his

case to the district court for resentencing in light of Booker. 

We grant the motion for remand to allow the district

court to reconsider Layton’s sentence in light of the Booker

decision. Layton indicates the sole issue he wishes to pursue on

appeal is the propriety of his sentence imposed under the mandatory
- 3 -

sentencing guidelines scheme in effect at the time he was

sentenced. Therefore, we affirm his convictions, vacate the

sentence imposed by the district court, and remand for

reconsideration of the sentence. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED IN PART,

VACATED IN PART, AND REMANDED
#### § 92.100 [Reserved]
#### The People of the State of New York, Respondent, v Travis Hightower, Appellant.

[834 NYS2d 768]—

Appeal from a judgment of the Supreme Court, Monroe *1248County (Joseph D. Valentino, J.), rendered June 23, 2004. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30 [1]), defendant contends that his statements to the police were the product of an unlawful arrest and that Supreme Court therefore erred in refusing to suppress them. We reject that contention. A person may properly be arrested if “the facts and circumstances known to the arresting officer warrant a prudent man in believing that the offense has been committed” *(People v Oden,*36 NY2d 382, 384 [1975]), and “that the one arrested is its perpetrator” *(People v Carrasquillo,*54 NY2d 248, 254 [1981]). Here, the police observed defendant running from the scene of the crime on an empty street at approximately 5:30 a.m., just minutes after the initial call reporting the burglary. He was then apprehended while walking on the next block, upon emerging from a thicket of bushes in a backyard, and he was sweating and breathing heavily. Under such circumstances, we conclude that the officer had probable cause to arrest defendant *(see People v Jackson,*272 AD2d 991, 992 [2000], *lv denied*95 NY2d 866 [2000]). Defendant failed to preserve for our review his further contention that his statements made after waiving his *Miranda*rights should be suppressed because they were part of a continuous chain of questioning that began before he was advised of his *Miranda*rights and waived them *(see People v Durrin,*32 AD3d 665, 666 [2006]). In any event, that contention is without merit. The later statements were admissible because there was “a definite, pronounced break in questioning” *(id.*at 668). Present— Hurlbutt, J.P, Gorski, Smith, Fahey and Green, JJ.
### §2162. Who may be a debtor

An entity may be a debtor under this subchapter if—

(1) the entity is—

(A) a territory that has requested the establishment of an Oversight Board or has had an Oversight Board established for it by the United States Congress in accordance with section 2121 of this title; or

(B) a covered territorial instrumentality of a territory described in paragraph (1)(A);

(2) the Oversight Board has issued a certification under section 2146(b) of this title for such entity; and

(3) the entity desires to effect a plan to adjust its debts.

(Pub. L. 114–187, title III, §302, June 30, 2016, 130 Stat. 579.)
| (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. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|              |   |                                                                                                                     |
|-------------------|--------|--------------------------------------------------------------------------------------------------------------------------|
|              |   |                                                                                                                     |   |
| May      20, 2008 | By:    | /s/ John      R. Cheney                                                                              |   |
|              |   | Chief      Executive Officer and Chief Financial Officer (Principal Executive and      Financial and Accounting Officer) |   |
|              |   |                                                                                                                     |   |
#### § 1208.1 General.

The regulations in this part govern the sale of royalty oil by the United States to eligible refiners. The regulations apply to royalty oil from leases on Federal lands onshore and on the Outer Continental Shelf (OCS).
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