alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 1782.1 Purpose.

This part outlines the Rural Utilities Service's (RUS), an agency delivering the United States Department of Agriculture's (USDA) Rural Development Utilities Programs, hereinafter referred to as Rural Development and/or Agency, policies and procedures for servicing direct and insured Water and Waste Disposal (WWD) loans and grants; Watershed loans and advances; Resource Conservation and Development loans; Technical Assistance and Training grants; Emergency Community Water Assistance grants; Solid Waste Management grants; and section 306C WWD loans and grants.
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* Pursuant to 5 TH C IR . R. 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED February 23, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40668 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE ALFREDO ALDANA-SANABRIA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. 1:04-CR-846

-------------------- Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: * Jose Alfredo Aldana-Sanabria appeals his sentence under 8 U.S.C. § 1326 for illegal re-entry into the United States after having been deported. First, Aldana-Sanabria asserts that the district court erred in concluding that his prior state felony conviction for simple possession of a controlled substance was an “aggravated felony” for purposes of § 1326(b). Our precedent holds that a state felony conviction for simple drug possession is properly considered an aggravated felony for purposes ofNo. 05-40668 -2- § 1326(b). See United States v. Rivera , 265 F.3d 310, 312-13 (5th Cir. 2001); United States v. Hinojosa-Lopez , 130 F.3d 691, 693-94 (5th Cir. 1997). Therefore, this issue is without merit, and we affirm the judgment of the district court with respect to it. Next, Aldana-Sanabria argues that the district court erred in ordering, as a condition of supervised release, that he cooperate with the probation officer in the collection of DNA. His claim is not ripe for judicial review in light of our holding in United States v. Riascos-Cuenu , 428 F.3d 1100, 1102 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662). Accordingly, we dismiss this portion of the appeal for lack of jurisdiction. Last, Aldana-Sanabria argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b) are unconstitutional. His challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although Aldana-Sanabria contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding.
See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Aldana-Sanabria properly concedes that his argument is foreclosed in light ofNo. 05-40668 -3- Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review. Thus, we affirm the judgment of the district court on this point.
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
### Pesticides Found in Ground Water below Orchards in the Quincy and Pasco Basins

By: Lonna M. RobertsJoseph L. Jones

                            https://doi.org/10.3133/fs17196

#### Links

- More information:  **Publisher Index Page**                            (html)
-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Page 71142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29286]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service


National Register of Historic Places; Notification of Pending 
Relocation of Listed Property 2280-665

    Pursuant to section 60.14 of 36 CFR part 60, comments are being 
accepted on the following properties listed on the National Register of 
Historic Places that are being considered for relocation. Comments may 
be forwarded by United States Postal Service, to the National Register 
of Historic Places, National Park Service, 1849 C St. NW., MS 2280, 
Washington, DC 20240; by all other carriers, National Register of 
Historic Places, National Park Service,1201 Eye St. NW., 8th floor, 
Washington DC 20005; or by fax, 202-371-6447. Written or faxed comments 
should be submitted by December 7, 2010.
    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Alexandra Lord,
Acting Chief, National Register of Historic Places/National Historic 
Landmarks Program.

    Request for RELOCATION has been made for the following resources:

MISSISSIPPI

Harrison County

Quarles, W.J., House and Cottage, 120 and 122 E Railroad St., Long 
Beach, 80002244

ALASKA

Skagway-Hoonah-Angoon

Windfall Harbor CCC Shelter Cabin, Admiralty Island National 
Monument, Angoon, 95001299

[FR Doc. 2010-29286 Filed 11-19-10; 8:45 am]
BILLING CODE 4312-51-P
United States Court of Appeals

For the First Circuit 

No. 15-1045 

UNITED STATES OF AMERICA, 

Appellee, 

v. 

NICHOLAS WEBSTER 

Defendant, Appellant. 

ERRATA SHEET 

The opinion of this Court, issued on April 13, 2016, is 

amended as follows: 

On page 3, line 16: "five years" is replaced with "five 

years'" 

On page 5, line 1: "18 months" is replaced with "18 months'" 

On page 6, footnote 5, line 2: "Cook," is replaced with 

"Cook;" 

On page 9, line 5: "eleven months" is replaced with "eleven 

months'" 

On page 10, line 5: "its" is replaced with "their" 

On page 13, line 16: "it" is replaced with "said convictions" 

On page 14, footnote 9, line 14: "firearm," is replaced with 

"firearm and"
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7100

WILLIAM ALLEN LEGG,

Plaintiff - Appellant,

versus

ARCHIE C. GEE, Warden; ASSISTANT WARDEN

SPANGLER; PATUXENT STAFF; DEPARTMENT OF CORRECTIONS; EMSA STAFF; MARYLAND HEALTH AND

HYGIENE DEPARTMENT OF MARYLAND,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA98-975-DKC)

Submitted: December 17, 1998 Decided: January 6, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Allen Legg, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

William Allen Legg filed an untimely notice of appeal. We dismiss for lack of jurisdiction. The time periods for filing notices

of appeal are governed by Fed. R. App. P. 4. These periods are

“mandatory and jurisdictional.” Browder v. Director, Dep’t of

Corrections, 434 U.S. 257, 264 (1978) (quoting United States v.

Robinson, 361 U.S. 220, 229 (1960)). Parties to civil actions have

thirty days within which to file in the district court notices of

appeal from judgments or final orders. Fed. R. App. P. 4(a)(1). The

only exceptions to the appeal period are when the district court

extends the time to appeal under Fed. R. App. P. 4(a)(5) or reopens

the appeal period under Fed. R. App. P. 4(a)(6).

The district court entered its order on April 15, 1998; Legg’s

notice of appeal was filed on July 23, 1998, which is beyond the

thirty-day period. Legg’s failure to note a timely appeal or obtain

an extension of the appeal period leaves this court without jurisdiction to consider the merits of his appeal. We therefore 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
MEDIATION REFERRALS

2006-0569.

#### State ex rel. Kelsey-Hayes Co. v. Heinlen.

Franklin App. No. 05AP-360, 2006-Ohio-428.

The following case has been referred to mediation pursuant to S.Ct.Prac.R. XIV(6):
EXECUTION COPY 

**SECOND AMENDMENT TO EMPLOYMENT AGREEMENT**

This Second Amendment to Employment Agreement (this“Amendment”) is made as of April 6, 2009, between American Tire Distributors, Inc., a Delaware corporation, (the “Company”), and Richard P. Johnson (the “Executive”). 

**RECITALS**

A. The Company andthe Executive are party to that certain Employment Agreement, dated as of March 31, 2005, as amended by that certain First Amendment to Employment Agreement, dated as March 3, 2008 (as so amended, the “Agreement”), pursuant to which theCompany employed the Executive. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in the Agreement. 

B. Section 8.2 of the Agreement provides that the Agreement may not be modified only by a writing signed by each of the parties hereto. 

C. The Company and the Executive now desire to amend Exhibit A of the Agreement as more particularly set forth herein. 

NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, theparties hereto hereby agree as follows: 

**AGREEMENTS**

1. Amendment to the Agreement. The second sentence under the heading “Base Salary” on Exhibit A of the Agreement is hereby deleted inits entirety and replace with the following: 

“$200,000 per annum during the Period of Employment described in Section 2(ii)”

2. No Other Changes. Except as expressly amended pursuant to this Amendment, the remaining terms of the Agreement remain in fullforce and effect in accordance with their terms. This Amendment may be executed in counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by each of theparties and delivered to the other party. This Agreement may be executed by facsimile signature and a facsimile signature shall constitute an original for all purposes. 

[The remainder of this page intentionally left blank.] 

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

 
**EXECUTIVE**By: /s/ Richard P. Johnson Name: Richard P. Johnson
 
**AMERICAN TIRE DISTRIBUTORS, INC.:**By: /s/ William E. Berry 
Name: William E. Berry

Title: President andCEO

 

 

 

 

SignaturePage to Second Amendment to Employment Agreement
2006-0702.

#### State v. Colston.

Clermont App. No. CA2004-11-099, 2005-Ohio-7031. On motion for leave to file delayed appeal. Motion denied.

Moyer, C.J., Pfeifer and Lundberg Stratton, JJ., dissent.
#### § 29.112 Proper light.

Tobacco shall not be inspected or sampled for the purposes of the Act except when displayed in proper light for correct determination of grade or other characteristics of tobacco. No tobacco shall be inspected or sampled for the purposes of the Act in the direct rays of the sun or by any artificial light which does not permit the inspector correctly to determine the grade or other characteristics of tobacco.
Exhibit 10.10


AMENDMENT NUMBER ONE TO EMPLOYMENT AGREEMENT


This Amendment Number One to Employment Agreement (the
“Agreement”) is made and entered into this 24th day of September 2004
(this “Amendment”) by and between Argosy Gaming Company, a Delaware corporation
(the “Company”) and James A. Gulbrandsen, an individual residing in the State
of Missouri (the “Employee”):


RECITALS:


WHEREAS, the Compensation Committee of the Company’s
Board of Directors believes it is in the best interest of the Company to enter
into this Amendment Number One to Employment Agreement with the Employee; and


WHEREAS, the Company and Employee are parties to an
Employment Agreement, the term of which the parties have agreed will expire on December 31,
2004 (the “Agreement”);


NOW THEREFORE, in consideration of the premises and of
the covenants and agreements herein contained, the parties hereto agree that
the Agreement is hereby amended as follows:


The following sentence shall be added to the end of Section 2
of the Agreement: “The term of this Agreement is hereby extended for the period
from January 1, 2005, through December 31, 2005, unless terminated as
hereinafter provided in Sections 5 and 6 hereof.”


The Base Salary in Section 3(a) shall be
$175,000 for the period from January 1, 2005, through December 31,
2005.


IN
WITNESS WHEREOF, this Amendment Number One to Employment Agreement has been
executed by the Company, by a duly authorized officer, and by the Employee as
of the date first above written.


	
  ARGOSY GAMING COMPANY

  
	
  By:

  	
   

  	
   

  
	
  Name:

  
	
  Title:

  
	
  James A. Gulbrandsen

  
	
  By:
Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

Editorial Note on Part 272
Editorial Note: OMB control numbers relating to this part 272 are contained in § 271.8.

§ 272.5 Program informational activities. ( a ) *Definition.* “Program informational activities” are those activities that convey information about the Program, including household rights and responsibilities, through means such as publications, telephone hotlines, and face-to-face contacts.
( b ) *Minimum requirements.* State agencies shall comply with the following minimum information requirements for applicants and recipients. ( 1 ) Rights and responsibilities. State agencies shall inform participant and applicant households of their Program rights and responsibilities. This information may be provided through whatever means the State agencies deem appropriate.
( 2 ) All Program informational material shall be available in languages other than English as required in § 272.4(b) and shall include a statement that the Program is available to all without regard to race, color, sex, age, handicap, religious creed, national origin or political belief.
( c ) *Program informational activities for low-income households.* At their option, State agencies may carry out and claim associated costs for Program informational activities designed to inform low-income households about the availability, eligibility requirements, application procedures, and benefits of SNAP. Allowable informational activities shall not include recruitment activities as described in § 277.4(b)(5) of this chapter. Program informational materials used in such activities shall be subject to § 272.4(b), which pertains to bilingual requirements. Before FNS considers costs for allowable informational activities eligible for reimbursement at the fifty percent rate under part 277 of this chapter, State agencies shall obtain FNS approval for the attachment to their Plans of Operation as specified in § 272.2(d)(1)(ix). In such attachments, State agencies shall describe the subject activities with respect to the socio-economic and demographic characteristics of the target population, types of media used, geographic areas warranting attention, and outside organizations which would be involved. State agencies shall update this attachment to their Plans of Operation when significant changes occur and shall report projected costs for this Program activity in accordance with § 272.2(c), (e), and (f).
[Amdt. 207, 47 FR 52334, Nov. 19, 1982. Redesignated by Amdt. 211, 47 FR 53316, Nov. 26, 1982; Amdt. 262, 49 FR 50597, Dec. 31, 1984; 52 FR 36398, Sept. 29, 1987; 54 FR 24527, June 7, 1989; Amdt. 320, 55 FR 6239, Feb. 22, 1990; 78 FR 20422, Apr. 5, 2013; 81 FR 92556, Dec. 20, 2016]
###### Editorial Note on Subchapter C of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

#### § 283.9 Withdrawal of appeal.

At any time before the ALJ files an initial decision, the State agency may withdraw its appeal and agree to pay the full amount of the claim. By withdrawing an appeal, the State agency waives all opportunity to appeal or seek further administrative or judicial review on the claim or related matters.
**EXHIBIT 31.1** RULE 13a-14(a) CERTIFICATIONI, O. Leonard Dorminey, certify that:1. I have reviewed this quarterly report on Form 10-Q of Heritage Financial Group; 2. Based on my knowledge, this report does not contain any untrue statement of material fact oromit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e) for the registrant and have; (a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the Registrant, including its consolidated subsidiary, is madeknown to us by others within those entities, particularly during the period in whichthis report is being prepared; and  (b) evaluated the effectiveness of the Registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the period covered by this reportbased on such evaluations; and  (c) disclosed in this report any change in the Registrant’s internal control overfinancial reporting that occurred during the Registrant’s most recent fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theRegistrant’s internal control over financial reporting; and5. The Registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’s auditors and theaudit committee of Registrant’s board of directors (or persons performing the equivalentfunctions): (d) all significant deficiencies and material weaknesses in the design or operationof internal controls over financial reporting which are reasonably likely to adverselyaffect the Registrant’s ability to record, process, summarize and report financialinformation; and  (e) any fraud, whether or not material, that involves management or other employeeswho have a significant role in the Registrant’s internal control over financialreporting.        Date: August 13, 2007 By:  /s/ O. Leonard Dorminey    O. Leonard Dorminey    President and Chief Executive Officer
United States Court of Appeals

For the First Circuit

No. 17-1435

ALJADI LÓPEZ-ROSARIO; MARGIE TORRES-MONTALVO; CONJUGAL 

RELATIONSHIP LÓPEZ-TORRES; ALJADIE LÓPEZ-TORRES,

Plaintiffs, Appellants,

v.

PROGRAMA SEASONAL HEAD START/EARLY HEAD START DE LA 

DIÓCESIS DE MAYAGÜEZ, INC.; MYRNA CARRERO; BOARD OF 

DIRECTORS OF PROGRAMA SEASONAL HEAD START/EARLY HEAD START 

DE LA DIÓCESIS DE MAYAGÜEZ, INC.,

Defendants, Appellees.

ERRATA SHEET

The opinion of this Court issued on March 4, 2021, is

amended as follows:

On page 2, n.1, line 3, replace "claim rests" with

"claims rest"
Editorial Note on Part 1944
Editorial Note: Nomenclature changes to part 1944 appear at 80 FR 9885, Feb. 24, 2015.

§ 1944.413 Grant approval. ( a ) *Approval of grant.* Within 30 days of the grantee meeting the conditions of § 1944.411 of this subpart or, if applicable, signing exhibit D, the approving official will: ( 1 ) Execute and distribute Form RD 1940-1 in accordance with the Forms Manual Insert (FMI).
( 2 ) After the Finance Office acknowledges that funds are obligated, request an initial advance of funds on Form RD 440-57, “Acknowledgment of Obligated Funds/Check Request,” in accordance with the FMI. The amount of this request should cover the applicant's needs for the remainder of the month in which the grant is closed plus the next month. Subsequent advances will cover only a one-month period.
( b ) *Cancellation of an approved grant.* An approved grant may be canceled before closing if the applicant is no longer eligible, the proposal is no longer feasible, or the applicant requests cancellation. Cancellation will be accomplished as follows: ( 1 ) The District Director will prepare Form RD 1940-10, “Cancellation of U.S. Treasury Check and/or Obligation,” according to the FMI and send it to the State Director with the reasons for cancellation. If the State Director approves the request, Form RD 1940-10 will be returned to the District Office for processing in accordance with the FMI.
( 2 ) The District Director will notify the applicant of the cancellation and the right to appeal under subpart B of part 1900 of this chapter. If the applicant requested the cancellation, no appeal rights are provided, but the applicant will still be notified of the cancellation.
( c ) *Disapproval of grant.* If a grant is disapproved after the docket has been developed, the approving official will state the reason on the original Form RD 1940-1, or in a memorandum to the District Director. The District Director will notify the applicant in writing of the disapproval and the reason for disapproval. Also, the notification will inform the applicant of its appeal rights under subpart B of part 1900 of this chapter.