alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 10411 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Deante Marqukeist Lawrence,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:21

- CR

- 212

- 1

Before **King, Higginson,**  and **Willett,** Circuit Judges

**. Per Curiam**  **:** *

The attorney appointed to represent Deante Marqukeist Lawrence
has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Lawrence has not filed a response. We have reviewed

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 1, 2022
Lyle W. Ca yce Clerk Case: 22-10411 Document: 00516529782 Page: 1 Date Filed: 11/01/2022No. 22

- 10411

2 counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appel late review. Accordingly, counsel’s motion for leave to
withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. There is, however, a clerical error in the judgment. Lawrence was
convicted under 18 U.S.C. § 922( g )(1) and sentenced under 18 U.S.C. § 924(e)(1), but the judgment incorrectly identifies the statutory penalty provision as § 924(a)(2). Accordingly, in acc ordance with Federal Rule of
Criminal Procedure 36 , we **REMAND** for the limited purpose of correcting the clerical error in the written judgment

. See United States v. Powell , 354 F.3d 362, 371

- 72 (5th Cir. 2003). Case: 22-10411 Document: 00516529782 Page: 2 Date Filed: 11/01/2022
### §2573. International agreements on information on radioactive materials

The Secretary of Energy may, with the concurrence of the Secretary of State and in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, enter into agreements with countries or international organizations—

(1) to acquire for the materials information program of the Department of Energy validated information on the physical characteristics of radioactive material produced, used, or stored at various locations, in order to facilitate the ability to determine accurately and in a timely manner the source of any components of, or fissile material used or attempted to be used in, a nuclear device or weapon; and

(2) to obtain access to information described in paragraph (1) in the event of—

(A) a nuclear detonation; or

(B) the interdiction or discovery of a nuclear device or weapon or nuclear material.

(Pub. L. 107–314, div. D, title XLIII, §4308, as added Pub. L. 110–181, div. C, title XXXI, §3129(a)(1), Jan. 28, 2008, 122 Stat. 584.)
#### SEIZER, Respondent, v. BROOKLYN HEIGHTS R. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

January 27, 1905.)

Action by Amelia Seizer against the Brooklyn Heights Railroad Company.

PER CURIAM.

Judgment and order affirmed, with costs.

WOODWARD, J., dissents.
Editorial Note on Part 817
Editorial Note: At 82 FR 54999, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 817 made effective on Jan. 19, 2017, at 81 FR 93418, Dec. 20, 2016.

§ 817.14 Casing and sealing of underground openings: Temporary. ( a ) Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good operating condition by the person who conducts the underground mining activities.
( b ) Each exploration hole, other drill hole or borehole, shaft, well, and other exposed underground opening which has been identified in the approved permit application for use to return underground development waste, coal processing waste or water to underground workings, or to be used to monitor ground water conditions, shall be temporarily sealed until actual use.
[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]
#### A. G. FLEISCHMAN, M. D. (Intervener), Appellant, v. UNITED STATES of America, ex rel. Frank M. HALPIN, Director of Internal Revenue for the Bureau of Internal Revenue.

No. 14957.

United States Court of Appeals Eighth Circuit.

March 5, 1954.

Comfort & Comfort, Des Moines, Iowa, for appellant.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Sp. Asst, to Atty. Gen., Frederic G. Rita, Sp. Asst, to Atty. Gen., Harry Marselli, Sp. Asst, to Atty. Gen., and Roy L. Stephenson, U. S. Atty., Des Moines, Iowa, for appellee.

PER CURIAM.

Appeal from District Court dismissed with prejudice, on petition of appellant.
#### Bruce Alexander, Respondent, v. George Lounsbury et al., Appellants.

Appeal dismissed, without costs, upon stipulation.
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# C_2023190EN.01001601.xml

| 31.5.2023 | EN | Official Journal of the European Union | C 190/16 |
| --- | --- | --- | --- |

31.5.2023

EN

Official Journal of the European Union

C 190/16

---

Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2023/C 190/13)

| Member State | Italy |
| --- | --- |
| Routes concerned | Ancona – Naples and vice versa |
| Period of validity of the contract | From 1 October 2023 to 30 September 2026 |
| Deadline for submission of tenders | Two months after the date of publication of this notice |
| Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained | National Civil Aviation Authority (ENAC) |
| Air transport and licensing department |
| Viale Castro Pretorio, 118 |
| 00185 Rome |
| ITALY |

Member State

Italy

Routes concerned

Ancona – Naples and vice versa

Period of validity of the contract

From 1 October 2023 to 30 September 2026

Deadline for submission of tenders

Two months after the date of publication of this notice

Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained

National Civil Aviation Authority (ENAC)

Air transport and licensing department

Viale Castro Pretorio, 118

00185 Rome

ITALY

Tel. +39 0644596247

Email: osp@enac.gov.it

Internet: http://www.mit.gov.it

http://www.enac.gov.it

---
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THE  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION   EXTRACTED  FROM  THE
CONSOLIDATED  FINANCIAL STATEMENTS (UNAUDITED) OF DOUGHTIE'S FOODS, INC. FOR THE
THREE MONTHS ENDED MARCH 28, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
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<TOTAL-REVENUES>                                    19,309
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<TOTAL-COSTS>                                       18,973
<OTHER-EXPENSES>                                         0
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<INTEREST-EXPENSE>                                      47
<INCOME-PRETAX>                                        289
<INCOME-TAX>                                           108
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<CHANGES>                                                0
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#### § 77.204 Openings in surface installations; safeguards.

Openings in surface installations through which men or material may fall shall be protected by railings, barriers, covers or other protective devices.
#### § 72.1 Scope.

The health standards in this part apply to all coal mines.
#### The People of the State of New York ex rel. Donald E. De Groat, Appellant, v. Walter M. Wallack, as Warden of Wallkill State Prison, Respondent.

Motion for permission to appear in person to argue appeal. Motion denied. Present—Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.
#### § 56.19006 Automatic hoist braking devices.

Automatic hoists shall be provided with devices that automatically apply the brakes in the event of power failure.
#### § 924.15 Approval of Mississippi regulatory program amendments.

The following is a list of the dates amendments were submitted to OSM, the dates when the Director's decision approving all, or portions of these amendments, were published in the Federal Register and the State citations or a brief description of each amendment. The amendments in this table are listed in order of the date of final publication in the Federal Register.

| Original amendment submission date | Date of final publication | Citation/description |
| --- | --- | --- |
| May 6, 1997 | January 9, 1998 | MSCMRL 53-9-3; 5; 7; 9; 11; 13; 15; 17; 19; 21; 23; 25; 26; 27; 28; 29; 31; 32; 33; 35; 37; 39; 41; 43; 45; 47; 49; 51; 53; 55; 57; 59; 61; 63; 65; 67; 69; 71; 73; 75; 77; 79; 81; 83; 85; 87; 89; 91. |
| March 26, 1998 | June 25, 1998 | MSCMRL 53-9-26; 45(4)(b); 69(1)(c)(i) and (4); 77(5). |
| March 26, 1998 | August 13, 1998 | Subpart I, Chapters 1 through 7; subpartII, Chapters 9 through 15; subpartIII, Chapters 17 through 37; subpartIV, Chapters 39 through 47; subpartV, Chapters 49 through 71; Policy Statement No. PS-1. |
| July 1, 1999 | October 26, 1999 | Sections 105; 407; 413; 1105 (c)-(d); 2103; 2105; 2313; 3113; 3119; 3121; 3301(b); 3509; 3713; 4301; 4303(g)(6); 4501(c); 4701(a); 5333(b)(3)(A); 5349; 5359; 5377; 5391; 5393; 53111; 5703; 5903; 6501(c)(4); 6511 (a), (l)(1), & (n)(9). |
| September 28, 2001 | December 3, 2002 | Sections 105; 1103; 1105; 1106; 1107(a), (b), (f), and (h); 2103(b)(14), (c), (d), (e), and (f); 3114; 53103(a) and (b); 53111(a)(4) and (5); 6511(c); and appendix A: Revegetation Success Guidelines |
| April 5, 2006 | December 10, 2008 | MSCMR 53-9-71(4) Sections: 105, 1101, and 1105. |
| July 26, 2012 | October 29, 2013 | MSCMR Sections: 105; 1106; 2305; 2902; 3102; 3112; 3113; 3115(m), (n) and (o); 3127; 3128; 3129; 3130; 3131; 3133; 3135; 3136; 3137; 3138; 3139; 5396; 7301; 7303; 7305; and 7307. |

[63 FR 1361, Jan. 9, 1998, as amended at 63 FR 34599, June 25, 1998; 63 FR 43320, Aug. 13, 1998; 64 FR 57570, Oct. 26, 1999; 67 FR 71831, Dec. 3, 2002; 73 FR 74945, Dec. 10, 2008; 78 FR 64401, Oct. 29, 2013]
Editorial Note on Part 817
Editorial Note: At 82 FR 54999, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 817 made effective on Jan. 19, 2017, at 81 FR 93418, Dec. 20, 2016.

§ 817.84 Coal mine waste: Impounding structures. New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of § 817.81. ( a ) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the regulatory authority that the stability of such a structure conforms to the requirements of this part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure and shall be discussed in detail in the design plan submitted to the regulatory authority in accordance with § 780.25 of this chapter.
( b ) ( 1 ) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with § 817.49 (a) and (c). Such structures may not be retained permanently as part of the approved postmining land use.
( 2 ) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of § 77.216(a) of this title shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the regulatory authority.
( c ) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.
( d ) *Drainage control.* Runoff from areas above the disposal facility or runoff from the surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of § 817.43 and designed to safely pass the runoff from a 100-year, 6-hour design precipitation event.
( e ) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90 percent of the water stored during the design precipitation event can be removed within a 10-day period.
( f ) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.
[48 FR 44031, Sept. 26, 1983, as amended at 53 FR 43608, Oct. 27, 1988; 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]
Record of Di sc u ss i o n Docket No. FAA- D i rectorate Identifier: -AD

With whom outs id e th e FAA h as this AD a ction bee n di scu ss e d (i .e., De s ign Approv a l Holder, manufa c ture r , AT A , NBAA , RAA , AOPA, ALPA , GAMA , e tc) ?

ORGAN I ZAT I ON P E RSON C O N T ACTE D DATE TO PI CS DI SCUSSED Boeing Bob carl son 2014-20 1 5 Supplemen ta l N PR M

Othe r / Additio n a l Infor mation:
POWER OF ATTORNEY


     We, the undersigned directors of Questar Pipeline Company, hereby
severally constitute D. N. Rose and S. E. Parks, and each of them acting
alone, our true and lawful attorneys, with full power to them and each
of them to sign for us, and in our names in the capacities indicated
below, the Annual Report on Form 10-K for 1999 and any and all
amendments to be filed with the Securities and Exchange Commission by
Questar Pipeline Company, hereby ratifying and confirming our signatures
as they may be signed by the attorneys appointed herein to the Annual
Report on Form 10-K for 1999 and any and all amendments to such Report.

     Witness our hands on the respective dates set forth below.


     Signature                          Title              Date


 /s/ R. D. Cash                 Chairman of the Board     2-8-00
R. D. Cash


 /s/ D. N. Rose                  President and Chief      2-8-00
D. N. Rose                        Executive Officer
                                      Director

 /s/ U. Edwin Garrison                Director            2-8-00
U. Edwin Garrison


 /s/ Marilyn S. Kite                  Director            2-8-00
Marilyn S. Kite


 /s/ Scott S. Parker                  Director            2-8-00
Scott S. Parker
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<NAME> CAS MEDICAL SYSTEMS, INC.
       
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### Martin, Michael (OST)
From: Sent: To: Cc:

Subject: Attachments:
Sir, Bruce Gordon <bruce@btpost.net> Thursday, April 19, 2012 4:53 PM Martin, Michael (OST) Robert Woolf; Roger Stidolph; Monte & Rebecca Mitchell; Tom Marshal; Wayne Lonn; Mike Forbush; Dave Dusina; Paul & Karen Dillon; Adam & Haley DesRoisers; Neal Dastrup; John Crabill; Jack Campbell; Steve Beasley; Tom & Betsy Bear; Bart & Lois Adrian EAS Mail Contract Renewal for Excursion Inlet, Alaska 99850 PGP.sig

As a Resident ofExcursion Inlet. Alaska, and knowing that this contract is corning up for renewal here in 2012, I would like to remind you ofour conversation in 2010, and 2011, concerning the "Road that airplanes Land on" and the Official AKDOT FloatPlane Sea-Drorne at Excursion Inlet, Alaska.
As you mayrecall, Wehad issues with the present Contract Carrier (Wings ofAlaska) not having aFloatplane orArnphib Aircraft in their Fleet, to service our community, whenthe "Road that airplanes Land on" was Closed due to the Snow Depth, and our Gradernotbeing Operational. This Road is NOT an Airstrip, orFAA designated Landing Zone, buthas beenused bythe Previous Contract Carrier (LAB Flying Service) with Wheel Planes, when it was available, and Open. LAB hadboth Wheel, and Float, and well as an aircraft on Snow Skis, that could beused to comply with the terms ofthe EAS Contract. Wings ofAlaska originallykept a FloatPlane, as part oftheir fleet, to service our community, HOWEVER when the Ownership changed, in 2010 that was no longer the case, which precipitated the Issue ofthe Service interruptions, when the "Road" was CLOSED. A Letter ofUnderstanding from your Office, was then issued to clarifythe situation. It was also suggested that we (The PermanentResidents) write you folks aLetter, to make sure that any Renewed Contracthas such language in it, to cover such a situation arising from such a "Road Closure" situation, that may occur inthe future.
This is that Letter, and Request. Thank You, for your consideration onthis issue. Sincerely,

### ~.A}~

Bruce (semiretired powderman & exFCC Field Inspector for Southeastern Alaska) Bruce Gordon* Debora Gordon R.N. P.O. Box EXI Juneau, Alaska 99850 AL7AQ * KL7WJ Bruce's Trading Post Excursion Inlet South Excursion Inlet, Alaska 99850 www.btpost.net www.99850.net
1
###### 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.

#### § 75.900-3 Testing, examination, and maintenance of circuit breakers; procedures.

Circuit breakers protecting low- and medium-voltage alternating current circuits serving three-phase alternating current equipment and their auxiliary devices shall be tested and examined at least once each month by a person qualified as provided in § 75.153. In performing such tests, actuating any of the circuit breaker auxiliaries or control circuits in any manner which causes the circuit breaker to open, shall be considered a proper test. All components of the circuit breaker and its auxiliary devices shall be visually examined and such repairs or adjustments as are indicated by such tests and examinations shall be carried out immediately.