alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 42055

STATE OF IDAHO,

Plaintiff-Respondent,

v.

ED SMITH, JR.,

Defendant-Appellant.

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2014 Unpublished Opinion No. 879

Filed: December 30, 2014

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, 

Canyon County. Hon. Christopher S. Nye, District Judge. 

Judgment of conviction and unified ten-year sentence with three-year determinate 

term for felony domestic battery with traumatic injury, affirmed.

Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy 

Attorney General, Boise, for respondent. 

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and MELANSON, Judge

PER CURIAM 

Ed Smith, Jr. was convicted of felony domestic battery with traumatic injury, Idaho Code 

§§ 18-903(a)(b), 18-918(2). The district court imposed a unified ten-year sentence with a threeyear determinate term. Smith appeals, contending that his sentence is excessive.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Smith’s judgment of conviction and sentence are affirmed.
### **CHAPTER 509—COMMERCIAL SPACE LAUNCH ACTIVITIES**

Sec.
50901.
Findings and purposes.
50902.
Definitions.
50903.
General authority.
50904.
Restrictions on launches, operations, and reentries.
50905.
License applications and requirements.
50906.
Experimental permits.
50907.
Monitoring activities.
50908.
Effective periods, and modifications, suspensions, and revocations, of licenses.
50909.
Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.
50910.
Preemption of scheduled launches or reentries.
50911.
Space advertising.
50912.
Administrative hearings and judicial review.
50913.
Acquiring United States Government property and services.
50914.
Liability insurance and financial responsibility requirements.
50915.
Paying claims exceeding liability insurance and financial responsibility requirements.
50916.
Disclosing information.
50917.
Enforcement and penalty.
50918.
Consultation.
50919.
Relationship to other executive agencies, laws, and international obligations.
50920.
User fees.
50921.
Office of Commercial Space Transportation.
50922.
Regulations.
50923.
Report to Congress.

#### **Editorial Notes**

#### Amendments

**2010**—Pub. L. 111–314, §4(d)(2), (3), Dec. 18, 2010, 124 Stat. 3440, transferred analysis for chapter 701 of Title 49, Transportation, and renumbered as analysis for chapter 509 of this title and renumbered items 70101 to 70105, 70105a, 70106 to 70109, 70109a, and 70110 to 70121 as 50901 to 50923, respectively.

**2004**—Pub. L. 108–492, §2(c)(26), Dec. 23, 2004, 118 Stat. 3982, added item 70105a.

**2000**—Pub. L. 106–405, §3(b), Nov. 1, 2000, 114 Stat. 1752, substituted "Office of Commercial Space Transportation" for "Authorization of appropriations" in item 70119.

Pub. L. 106–391, title III, §322(d), Oct. 30, 2000, 114 Stat. 1598, added item 70109a.

**1998**—Pub. L. 105–303, title I, §102(a)(1), Oct. 28, 1998, 112 Stat. 2846, substituted "launches, operations, and reentries" for "launches and operations" in item 70104, "launches, operation of launch sites and reentry sites, and reentries" for "launches and operation of launch sites" in item 70108, inserted "or reentries" after "scheduled launches" in item 70109, and added items 70120 and 70121.

**1994**—Pub. L. 103–429, §6(78), Oct. 31, 1994, 108 Stat. 4388, made technical amendment to chapter heading.
**EXHIBIT 13.2**

 

**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 annual report of Levon Resources Ltd. (the "Company") on Form 20-F for the year ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"). I, Gary Roberston, Principal Financial Officer of the Company, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

 

|   | (3) | the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

 

|   | (4) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date: October 12, 2007

 

/s/ Gary Robertson
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1322 Stemming boreholes. ( a ) Only noncombustible material shall be used for stemming boreholes.
( b ) Stemming materials other than water stemming bags shall be tamped to fill the entire cross sectional area of the borehole.
( c ) Stemming material shall contact the explosive cartridge nearest the collar of the borehole.
( d ) Each borehole 4 or more feet deep shall be stemmed for at least 24 inches.
( e ) Each borehole less than 4 feet deep shall be stemmed for at least half the depth of the borehole.
( f ) When blasting off the solid in bituminous and lignite mines, only pliable clay dummies shall be used for stemming.
( g ) The diameter of a water stemming bag shall be within 1 ⁄ 4 of an inch of the diameter of the drill bit used to drill the borehole.
( h ) Water stemming bags shall be constructed of tear-resistant and flame-resistant material and be capable of withstanding a 3-foot drop when filled without rupturing or developing leaks.
§ 57.11059 Respirable atmosphere for hoist operators underground. For the protection of operators of hoists located underground which are part of the mine escape and evacuation plan required under standard 57.11053, the hoist operator shall be provided with a respirable atmosphere completely independent of the mine atmosphere. This independent ventilation system shall convert, without contamination, to an approved and properly maintained 2-hour self-contained breathing apparatus to provide a safe means of escape for the hoist operator after the hoisting duties have been completed as prescribed in the mine escape and evacuation plan for that hoist. The hoist operator's independent ventilation system shall be provided by one of the following methods: ( a ) A suitable enclosure equipped with a positive pressure ventilation system which may be operated continuously or be capable of immediate activation from within the enclosure during an emergency evacuation. Air for the enclosure's ventilation system shall be provided in one of the following ways: ( 1 ) Air coursed from the surface through a borehole into the hoist enclosure directly or through a metal pipeline from such borehole; or
( 2 ) Air coursed from the surface through metal duct work into the hoist enclosure, although this duct work shall not be located in timber-supported active workings; or
( 3 ) Air supplied by air compressors located on the surface and coursed through metal pipe into the hoist enclosure. A back-up system shall be provided for a hoist enclosure ventilation system provided by either of the methods set forth in paragraphs (a) (2) and (3) of this section. This back-up system shall consist of compressed air stored in containers connected to the enclosure. This back-up system shall provide and maintain a respirable atmosphere in the enclosure for a period of time equal to at least twice the time necessary to complete the evacuation of all persons designated to use that hoist as prescribed in the mine escape and evacuation plan required under standard 57.11053; or
( b ) An approved and properly maintained self-contained breathing apparatus system which shall consist of a mask connected to compressed air stored in containers adjacent to the hoist controls. The self-contained breathing system shall provide a minimum of 24 hours of respirable atmosphere to the hoist operator. In addition, the self-contained breathing system shall be capable of a quick connect with the approved 2-hour self-contained breathing apparatus above.
### §432. Transferred

#### **Editorial Notes**

#### Codification

Section 432, comprising section 702 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3142 of this title.
<PAGE>
                                  EXHIBIT 99.1
                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 Annual Report of Intervoice, Inc. (the "Company") on
Form 10-K/A for the period ended February 28, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David W.
Brandenburg, Chief Executive Officer and Chairman of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:


     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: June 10, 2003

                                            /s/ David W. Brandenburg
                                            ------------------------------------
                                            David W. Brandenburg
                                            Chief Executive Officer and Chairman
<PAGE>

                                                                 EXHIBIT 4(a)(4)

                            CERTIFICATE OF AMENDMENT

                                     OF THE

                          CERTIFICATE OF INCORPORATION

                                       OF

                           CORE MATERIALS CORPORATION

                     Pursuant to Section 242 of the General
                    Corporation Law of the State of Delaware
                    ----------------------------------------


         Core Materials Corporation (the "Corporation"), a corporation organized
and existing under the General Corporation Law of the State of Delaware (the
"DGCL"), hereby certifies as follows:

         FIRST: That at a meeting of the Board of Directors of the Corporation
on July 19, 2002, resolutions were duly adopted setting forth a proposed
amendment to the Certificate of Incorporation of the Corporation, declaring said
amendment to be advisable and calling a meeting of the stockholders of the
Corporation for consideration thereof. The resolution setting forth the proposed
amendment is as follows:

                  RESOLVED, that Article I of the Certificate of Incorporation
                  shall be amended to read as follows:

                                    ARTICLE I

                                      NAME

         The name of the Corporation is Core Molding Technologies, Inc.

         SECOND: That thereafter, pursuant to resolution of its Board of
Directors, a special meeting of the stockholders of the Corporation was duly
called and held, upon notice in accordance with Section 222 of the DGCL, at
which meeting the necessary number of shares as required by statute were voted
in favor of the amendment.

         THIRD: That the foregoing amendment of the Certificate of Incorporation
was duly adopted pursuant to the applicable provisions of Sections 228 and 242
of the DGCL.

         IN WITNESS WHEREOF, the undersigned, being the duly authorized
Secretary of the Corporation, for the purpose of amending the Certificate of
Incorporation of the Corporation pursuant to Section 242 of the General
Corporation Law of the State of Delaware, does make and file this Certificate
this 28th day of August, 2002.

                                        CORE MATERIALS CORPORATION

                                        By: /s/ Kevin L. Barnett
                                           ------------------------------
                                           Kevin L. Barnett, Secretary



                                       23
1-800-321-OSHA (6742)

TTY 1-877-889-5627

OSHA 4097-10 2020DOL-OSHA-OOC-2020-097

Steps to Protect Cleaning Staff 

During COVID-19

Your safety is important. These simple steps can help prevent the 

spread of the coronavirus:

• Stay home if you are sick.

• Wear a face covering.

• Avoid dry sweeping, if feasible

or use of high-pressure streams

of water.

• Wear disposable gloves to

clean, sanitize and disinfect

common surfaces.

• Wipe equipment before and

after use.

• Use EPA-approved disinfectants

or cleaning chemicals.

• Use the warmest water level

that is safe and dry laundry

completely.

• Wash your hands with soap

and water frequently.

• Maintain at least six feet

between co-workers and

customers.

• Wash your clothes as soon as

you get home, if possible.

• Report any safety and health

concerns to your supervisor.

www.osha.gov

For more information, visit 

www.osha.gov/coronavirus or 

call 1-800-321-OSHA (6742).

This document does not have the force and effect of law and is not meant to bind the public in any way. This document 

is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-2479WA

_____________

Carolyn Joyce Windham, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Western

* District of Arkansas.

City of Lowell, Arkansas; William *

James Kruse, police officer, Individually * [UNPUBLISHED]

and in his official capacity, *

*

Appellees. *

_____________

 Submitted: December 23, 1997

Filed: January 5, 1998

_____________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges.

_____________

PER CURIAM.

Carolyn Joyce Windham appeals the district court's adverse grant of summary

judgment in her 42 U.S.C. § 1983 suit against the City of Lowell, Arkansas (City), and

former police officer William James Kruse. Windham was seriously injured when a car

driven by Kruse struck the vehicle Windham was driving. At the time of the collision,

Kruse was attempting to join the high-speed pursuit of another vehicle. Windham

brought this action contending Kruse violated her substantive due process rights by

affirmatively placing her in a position of danger, and the City violated her rights by
-2-

failing sufficiently to train its police officers about high-speed pursuits. The district

court granted summary judgment to Kruse and the City, concluding Windham had

failed as a matter of law to show a substantive due process violation. Windham

appeals.

We review a grant of summary judgment de novo, and will affirm if the record,

viewed in the light most favorable to Windham, shows there is no genuine issue of

material fact, and the City and Kruse are entitled to judgment as a matter of law. See

DeBord v. Board of Educ. of Ferguson-Florissant Sch. Dist., 126 F.3d 1102, 1104 (8th

Cir. 1997).

While other circuits have set forth various formulations of the minimum level of

culpability required to sustain a claim under section 1983 for a denial of substantive due

process, we have declined to do so. See Gregory v. City of Rogers, 974 F.2d 1006,

1012 (8th Cir. 1992). We have held gross negligence does not implicate the due

process clause. See Myers v. Morris, 810 F.2d 1437, 1468 (8th Cir.), cert. denied, 484

U.S. 828 (1987). After careful review of the record and the parties' briefs, and viewing

the evidence in the light most favorable to Windham, we believe Kruse's actions fail as

a matter of law to constitute a denial of substantive due process. Cf. Roach of City of

Frederickstown, 882 F.2d 294, 297 (8th Cir. 1989). In the absence of an underlying

constitutional violation by Kruse, the City cannot be liable for inadequate training. See

id. at 298.

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
§ 56.6401 Shunting. Except during testing— ( a ) Electric detonators shall be kept shunted until connected to the blasting line or wired into a blasting round;
( b ) Wired rounds shall be kept shunted until connected to the blasting line; and
( c ) Blasting lines shall be kept shunted until immediately before blasting.
EXHIBIT 23.1

               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We consent to the incorporation by reference in the registration statement of
Encore Computer Corporation on Forms S-8 (Registration Statement Nos. 33-10225,
33-33907, 33-34171, 33-72458 and 33-72741) and on Forms S-3 (Registration
Statement Nos. 33-121, 33-33907 and 33-34171) of our report dated March 31,
1999, on our audits of the consolidated financial statements and financial
statement schedule of Encore Computer Corporation as of December 31, 1998 and
1997 and for the years ended December 31, 1998, 1997 and 1996, which report is
included in this Annual Report on Form 10-K.

PRICEWATERHOUSECOOPERS, LLP

Miami, Florida
MAY 3, 1999

                                       59
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.1713-5 First-aid training program; retraining of supervisory employees; availability to all miners.

Beginning January 1, 1971, each operator of an underground coal mine shall conduct refresher first-aid training courses each calendar year for all selected supervisory employees, and make available refresher first-aid training courses to all miners employed in the mine.
#### § 57.11009 Walkways along conveyors.

Walkways with outboard railings shall be provided wherever persons are required to walk alongside elevated conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.
§ 553.24 When I submit audited annual financial statements to verify my net worth, what standards must they meet? ( a ) Your audited annual financial statements must be bound.
( b ) Your audited annual financial statements must include the unqualified opinion of an independent accountant that states: ( 1 ) The financial statements are free from material misstatement, and
( 2 ) The audit was conducted in accordance with the generally accepted auditing standards (GAAS) of the United States, or other international auditing standards that BOEM determines to be equivalent.
( c ) The financial information you submit must be expressed in U.S. dollars. If this information was originally reported in another form of currency, you must convert it to U.S. dollars using the conversion factor that was effective on the last day of the fiscal year pertinent to your financial statements. You also must identify the source of the currency exchange rate.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9549 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                H. R. 9549

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 125 South 1st Avenue in Hillsboro, Oregon, as the ``Elizabeth Furse 
                        Post Office Building''.

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

SECTION 1. ELIZABETH FURSE POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 125 South 1st Avenue in Hillsboro, Oregon, shall be known 
and designated as the ``Elizabeth Furse Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Elizabeth 
Furse Post Office Building''.

            Passed the House of Representatives December 4, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 9549

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 125 South 1st Avenue in Hillsboro, Oregon, as the ``Elizabeth Furse 
                        Post Office Building''.
```
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00024-CV

In the Matter of J. G.

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT

NO. J-26,134, HONORABLE W. JEANNE MEURER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant J. G. moves to dismiss her appeal in this cause. We grant her motion and

dismiss this appeal.

 

G. Alan Waldrop, Justice

Before Justices B. A. Smith, Puryear and Waldrop

Dismissed on Appellant’s Motion

Filed: September 5, 2006
#### § 705.1 Purpose.

This part sets forth the minimum policies and procedures that States must establish and use to implement section 517(g) of the Act in order to eligible for reimbursement of costs of enforcing and administering the initial regulatory program under section 502, or for grants for developing, administering and enforcing a State regulatory program under section 705 of the Act, or to assume primary regulatory authority under section 503 of the Act (Pub. L. 95-87). Compliance with the policies and procedures in this part will satisfy the requirements of section 517(g) of the Act. Section 517(g) prohibits certain employees of the State Regulatory Authority from having any direct or indirect financial interest in any underground or surface coal mining operation. The regulations in this part are applicable to employees of the State Regulatory Authority as defined in § 705.5.