alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 585.425 May I obtain a renewal of my lease or grant before it terminates?
You may request renewal of the operations period of your lease or the original authorized period of your grant. BOEM, at its discretion, may approve a renewal request to conduct substantially similar activities as were originally authorized under the lease or grant. BOEM will not approve a renewal request that involves development of a type of renewable energy not originally authorized in the lease or grant. BOEM may revise or adjust payment terms of the original lease, as a condition of lease renewal.
Appeal No. 75-219.

#### Joseph Nelson *et al. v.*Deborah Petrone.

*Abedon & Visconti Ltd., Girard R. Visconti,*for plaintiffs.

*Raymond A. LaFazia,*for defendant.

Plaintiffs’ motion for oral argument on their petition to reargue is denied.

The plaintiffs’ petition to reargue is denied.
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.

§ 75.1107-8 Fire suppression devices; extinguishant supply systems. ( a ) Fire suppression systems using water or liquid chemical to protect attended equipment shall: ( 1 ) Be maintained at a pressure consistent with the pipe, fittings, valves, and nozzles used in the system.
( 2 ) Be located so as to be protected against damage during operation of the equipment protected.
( 3 ) Employ liquid which is free from excessive sediment and noncorrosive to the system.
( 4 ) Include strainers equipped with flush-out connections or equivalent protective devices and a rising stem or other visual indicator-type shutoff valve.
( b ) Water supplies for fire suppression devices installed on underground equipment may be maintained in mounted water tanks or by connection to water mains. Such water supplies shall be continuously connected to the fire suppression device whenever the equipment is connected to a power source, except for a reasonable time for changing hose connections to hydrants while the machine is stopped in a ventilated passageway.
[37 FR 15302, July 29, 1972]
#### § 77.807-1 High-voltage powerlines; clearances above ground.

High-voltage powerlines located above driveways, haulageways, and railroad tracks shall be installed to provide the minimum vertical clearance specified in National Electrical Safety Code: *Provided, however,* That in no event shall any high-voltage powerline be installed less than 15 feet above ground.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-95,132-01

EX PARTE JOYCE LATRICE COBY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1387766-A IN THE 232ND DISTRICT COURT

FROM HARRIS COUNTY

Per curiam. KEEL, J., did not participate. 

O P I N I O N

Applicant pleaded guilty to delivery of cocaine and was sentenced to eight months’

imprisonment. Applicant did not appeal her conviction. Applicant filed this application for a writ

of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See

TEX. CODE CRIM. PROC. art. 11.07.

Applicant raises claims of false evidence and involuntary plea related to the discovery of

prior misconduct by former Houston Police Officer Gerald Goines, who was the sole witness against

Applicant in her case. Based on the record, the trial court has determined that Applicant was denied

due process by the use of false evidence against her and that her guilty plea was involuntary. Ex

parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597 (Tex.
2

Crim. App. 2014). The State and trial court both recommend granting relief. We agree. 

Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009); Brady v.

United States, 397 U.S. 742 (1970). The judgment in cause number 138776601010 in the 232nd

District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff

of Harris County to answer the charges as set out in the information. The trial court shall issue any

necessary bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the TexasDepartment ofCriminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: November 15, 2023

Do not publish
§ 7.504 Refuge alternatives and components; general requirements. ( a ) *Refuge alternatives and components:* ( 1 ) Electrical components that are exposed to the mine atmosphere shall be approved as intrinsically safe for use. Electrical components located inside the refuge alternative shall be either approved as intrinsically safe or approved as permissible.
( 2 ) Shall not produce continuous noise levels in excess of 85 dBA in the structure's interior.
( 3 ) Shall not liberate harmful or irritating gases or particulates into the structure's interior or airlock.
( 4 ) Shall be designed so that the refuge alternative can be safely moved with the use of appropriate devices such as tow bars.
( 5 ) Shall be designed to withstand forces from collision of the refuge alternative structure during transport or handling.
( b ) The apparent temperature in the structure shall be controlled as follows: ( 1 ) When used in accordance with the manufacturer's instructions and defined limitations, the apparent temperature in the fully occupied refuge alternative shall not exceed 95 degrees Fahrenheit (°F).
( 2 ) Tests shall be conducted to determine the maximum apparent temperature in the refuge alternative when used at maximum occupancy and in conjunction with required components. Test results including calculations shall be reported in the application.
( c ) The refuge alternative shall include: ( 1 ) A two-way communication facility that is a part of the mine communication system, which can be used from inside the refuge alternative; and accommodations for an additional communication system and other requirements as defined in the communications portion of the operator's approved Emergency Response Plan.
( 2 ) Lighting sufficient for persons to perform tasks.
( 3 ) A means to contain human waste effectively and minimize objectionable odors.
( 4 ) First aid supplies.
( 5 ) Materials, parts, and tools for repair of components.
( 6 ) A fire extinguisher that— ( i ) Meets the requirements for portable fire extinguishers used in underground coal mines under part 75;
( ii ) Is appropriate for extinguishing fires involving the chemicals used for harmful gas removal; and
( iii ) Uses a low-toxicity extinguishing agent that does not produce a hazardous by-product when deployed.
( d ) Containers used for storage of refuge alternative components or provisions shall be— ( 1 ) Airtight, waterproof, and rodent-proof;
( 2 ) Easy to open and close without the use of tools; and
( 3 ) Conspicuously marked with an expiration date and instructions for use.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6567

HENRY PERRY BEY,

Petitioner - Appellant,

versus

S. K. YOUNG,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Senior

District Judge. (CA-03-408)

Submitted: June 10, 2004 Decided: June 23, 2004

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Henry Perry-Bey, Appellant Pro Se. Leah Ann Darron, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Henry Perry Bey seeks to appeal the district court’s

order granting the Commonwealth’s motion to dismiss Bey’s 28 U.S.C.

§ 2254 (2000) claims as procedurally barred. 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 his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.

Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently

reviewed the record and conclude that Bey has not made the

requisite showing. Accordingly, we deny Bey’s motion for 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
#### § 56.14204 Machinery lubrication.

Machinery or equipment shall not be lubricated manually while it is in motion where application of the lubricant may expose persons to injury.
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

. ) ) ) ) ) ) ) ) ) ) 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 three

year 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 Ida ho

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.
### §4335. Shipment of relief supplies; definitions

(a) Notwithstanding any other provision of this chapter, it shall be lawful, at any time after the date of cessation of hostilities with any country with which the United States is at war, for any person in the United States to donate, or otherwise dispose of to, and to transport or deliver to, any person in such country any article or articles (including food, clothing, and medicine) intended to be used solely to relieve human suffering.

(b) As used in this section—

(1) the term "person" means any individual, partnership, association, company, or other unincorporated body of individuals, or corporation or body politic;

(2) with respect to any country with which the United States was at war on January 1, 1946, the term "date of cessation of hostilities" shall mean the date of enactment of this Act;

(3) with respect to any other war the term "date of cessation of hostilities" shall mean the date specified by proclamation of the President or by a concurrent resolution of the two Houses of Congress whichever is the earlier.

(Oct. 6, 1917, ch. 106, §38, formerly §—, as added May 16, 1946, ch. 260, 60 Stat. 182, numbered Aug. 8, 1946, ch. 878, §3, 60 Stat. 930.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.

The date of enactment of this Act, referred to in subsec. (b)(2), probably means the date of enactment of act May 16, 1946, ch. 260, which was approved May 16, 1946.

#### Codification

Section was formerly classified to section 38 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
Appeal No. 77-160.

#### John Mann *et al. v.*Susanne Lamothe *et al.*

*Lovett & Linder, Ltd., Stephen M. Rappoport,*for plaintiffs.

*Roberts & Willey Incorporated, Bruce G. Tucker,*

for defendants.

The defendants’ motion to dismiss plaintiffs’ appeal is assigned to the calendar for October 3, 1977 for oral argument.
§ 43.5 Action by the Secretary. ( a ) As soon as possible after the receipt of a notice of alleged violation or imminent danger under this subpart, the Secretary or his authorized representative shall make a special inspection to determine if a citation or withdrawal order should be issued, unless on the face of the notice, the condition complained of, even if it were found to exist, would clearly not constitute a violation or imminent danger.
( b ) Where the Secretary or his authorized representative makes a special inspection under this subpart and finds a violation or imminent danger, a citation or withdrawal order, as appropriate, shall be issued.
### §4841. Statement of policy

Congress declares it is the policy of the United States—

(1) to oppose restrictive trade practices or boycotts fostered or imposed by any foreign country against other countries friendly to the United States or against any United States person;

(2) to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or any United States person; and

(3) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies.

(Pub. L. 115–232, div. A, title XVII, §1772, Aug. 13, 2018, 132 Stat. 2234.)
### §3524. Support for the Associate Director of the Central Intelligence Agency for Military Affairs

#### (a) Selection of Associate Director

The Associate Director of the Central Intelligence Agency for Military Affairs shall be selected by the Secretary of Defense, with the concurrence of the Director of the Central Intelligence Agency, from among commissioned officers of the Armed Forces who are general or flag officers.

#### (b) Support for activities

#### (1) In general

In order to improve the provision of support to, and the receipt of support from, the Central Intelligence Agency, and to improve deconfliction of the activities of the Central Intelligence Agency and the Department of Defense, the Secretary of Defense and the Under Secretary of Defense for Intelligence 1 shall ensure that the Associate Director of the Central Intelligence Agency for Military Affairs has access to, and support from, offices, agencies, and programs of the Department necessary for the purposes of the Associate Director as follows:

(A) To facilitate and coordinate Department of Defense support for the Central Intelligence Agency requested by the Director of the Central Intelligence Agency and approved by the Secretary, including oversight of Department of Defense military and civilian personnel detailed or assigned to the Central Intelligence Agency.

(B) To prioritize, communicate, and coordinate Department of Defense requests for, and the provision of support to, the Department of Defense from the Central Intelligence Agency, including support requested by and provided to the commanders of the combatant commands and subordinate task forces and commands.

#### (2) Policies

The Under Secretary shall develop and supervise the implementation of policies to integrate and communicate Department of Defense requirements and requests for support from the Central Intelligence Agency that are coordinated by the Associate Director pursuant to paragraph (1)(B).

(Pub. L. 114–328, div. A, title X, §1054, Dec. 23, 2016, 130 Stat. 2398.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Central Intelligence Agency Act of 1949 which comprises this chapter.

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

#### Change of Name

Under Secretary of Defense for Intelligence redesignated and references deemed to refer to Under Secretary of Defense for Intelligence and Security, see section 1621(a) of Pub. L. 116–92, set out as a note under section 137 of Title 10, Armed Forces.

1 See Change of Name note below.
#### § 77.107 Training programs.

Every operator of a coal mine shall provide a program, approved by the Secretary, of training and retraining both qualified and certified persons needed to carry out functions prescribed in the Act.
Fourth Department,

January, 1961

(January 5, 1961)

#### Joseph H. Saint et al., Appellants, v. Bell Aircraft Corporation, Respondent.

Order unanimous affirmed, without costs of this appeal to any party. (Cf. *Arsenault*v. *General Elec. Co.,*147 Conn. 130, cert. denied 364 U. S. 815.) (Appeal from order of Erie Special Term, staying plaintiffs from prosecuting trial of the action.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.
### §481. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act June 29, 1948, ch. 715, §1, 62 Stat. 1095, provided for arming of American vessels during a war or national emergency. See section 261 of Title 10, Armed Forces.
#### In the Matter of the Intermediate Accounting of James W. Bassette, as Administrator of the Estate of Leslie A. Cronk, Deceased. In the Matter of the Estate of Leslie A. Cronk, Deceased. Miller Wholesale Hardware; James W. Bassette.

Motion granted and order of this court dated May 16, 1963 dismissing appeal vacated; decree of Surrogate of Seneca County dated August 1, 1962 reversed and new trial ordered. Memorandum: While appellant has shown a callous disregard of the orders of this court, it now is conceded that because of the destruction of the stenographer’s minutes an adequate record on appeal may not be prepared. Therefore a new trial is required *(Waterman*v. *State of New York,*13 A D 2d 619; *Cassella*v. *Manikas,*8 A D 2d 587). The new trial should be held before another Judge.
Page 1 of 3

Disposition Comments

Docket No: FAA-2012-0671 These comments are in

Directorate ID: 2011-NM-096-AD response to an SNPRM

Originating Office Tracking No.: 

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

 Has the referenced service information been revised since the NPRM was issued? If yes, 

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
§ 57.23002 Written safety program. ( a ) Each operator shall develop and implement a written safety program for surface mobile equipment that contains the elements in this subpart, no later than July 17, 2024.
( b ) Each operator shall designate at least one responsible person to evaluate and update the written safety program, no later than July 17, 2024.
###### 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.

#### § 75.1101-13 Dry powder chemical systems; general.

Self-contained dry powder chemical systems may be installed to protect main and secondary belt conveyor drives, however, where such systems are employed, they shall be installed and maintained in accordance with the provisions of §§ 75.1101-14 through 75.1101-22.
§ 1241.1 What is the purpose of this part? This part explains: ( a ) When you may receive a NONC, FCCP, or ILCP.
( b ) How ONRR assesses a civil penalty.
( c ) How to appeal a NONC, FCCP, or ILCP.
§ 56.6902 Excessive temperatures. ( a ) Where heat could cause premature detonation, explosive material shall not be loaded into hot areas, such as kilns or sprung holes.
( b ) When blasting sulfide ores where hot holes occur that may react with explosive material in blastholes, operators shall— ( 1 ) Measure an appropriate number of blasthole temperatures in order to assess the specific mine conditions prior to the introduction of explosive material;
( 2 ) Limit the time between the completion of loading and the initiation of the blast to no more than 12 hours; and
( 3 ) Take other special precautions to address the specific conditions at the mine to prevent premature detonation.
Exhibit 32.1



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 quarterly report of Discovery Oil, Ltd, (the "Company") on Form 10-Q for the period ending June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Andrew V. Ippolito, President and Chairman of the Board 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.





/s/ Andrew V. Ippolito

By  __________________________________

Andrew V. Ippolito

President, Chairman of the Board

Date:  August 13, 2008