alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 58.28 Who shall make appeal inspections or gradings.

An appeal inspection or grading of any product or service shall be made by any inspector or grader (other than the one from whose service the appeal is made) designated for this purpose by the Administrator; and, whenever practical, such appeal inspection or grading shall be conducted jointly by two such inspectors or graders.
12.102 Applicability.       (a) This part shall be used for the acquisition of supplies or services that meet the definitions of “commercial product” or “commercial service” at 2.101.                                          (b) Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part  13, Simplified Acquisition Procedures; part  14, Sealed Bidding; or part  15, Contracting by Negotiation, as appropriate for the particular acquisition.                                          (c) Contracts for the acquisition of commercial products or commercial services are subject to the policies in other parts of the FAR. When a policy in another part of the FAR is inconsistent with a policy in this part, this part  12 shall take precedence for the acquisition of commercial products or commercial services.                                          (d) The definition of commercial product uses the phrase “purposes other than governmental purposes”. These purposes are those that are not unique to a government.                                          (e) This part shall not apply to the acquisition of commercial products or commercial services—                                                         (1) At or below the micro-purchase threshold;                                                            (2) Using the Standard Form 44 (see 13.306);                                                            (3) Using the imprest fund (see 13.305);                                                            (4) Using the Governmentwide commercial purchase card as a method of purchase rather than only as a method of payment; or                                                            (5) Directly from another Federal agency.                                                                             (f)                                                         (1) Contracting officers may treat any acquisition of supplies or services that, as determined by the head of the agency, are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, as an acquisition of commercial products or commercial services.                                                            (2) A contract in an amount greater than $20 million that is awarded on a sole source basis for a product or service treated as a commercial product or commercial service under paragraph (f)(1) of this section but does not meet the definition of a commercial product or commercial service as defined at FAR 2.101 shall not be exempt from—                                                                           (i) Cost accounting standards (see subpart  30.2); or                                                                              (ii) Certified cost or pricing data requirements (see 15.403).    **Parent topic:** Subpart 12.1 - Acquisition of Commercial Products and Commercial Services
#### § 58.212 Hopper or dump room.

A separate room shall be provided for the transfer of bulk dry dairy products to the hoppers and conveyors which lead to the fillers. This room shall meet the same requirements for construction and facilities as the bulk packaging operation. Areas and facilities provided for the transfer of dry dairy products from portable bulk bins will be accepted if gasketed surfaces or direct connections are used that appreciably eliminate the escape of product into the area.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA,

v. CASE NOS. 4:03cr8-RH/WCS

 4:07cv212-RH/WCS

DWIGHT PRATT,

Defendant.

_________________________________/

ORDER DENYING MOTION TO VACATE SENTENCE

This matter is before the court on the magistrate judge’s report and

recommendation (document 103) and the objections (document 104). I have

reviewed de novo the issues raised by the objections.

The report and recommendation correctly concludes that defendant’s motion

under 28 U.S.C. § 2255 for relief from his conviction and sentence should be

denied. I adopted the report and recommendation as the opinion of the court with

this additional note.

One of defendant’s assertions is that he was improperly sentenced as a

“career offender” under chapter four of the sentencing guidelines because,

defendant says, one of the predicate convictions on which the career offender

Case 4:03-cr-00008-RH-CAS Document 107 Filed 02/27/08 Page 1 of 2
Page 2 of 2

Case No: 4:03cr8-RH/WCS and 4:07cv212-RH/WCS

determinations was based was for simple possession of cocaine, not possession

with intent to distribute. Simple possession is not a qualifying predicate offense

for career offender purposes.

As the report and recommendation correctly notes, the burden was on

defendant to support the assertion that he was convicted only of simple possession. 

Defendant failed to carry the burden. Moreover, the record now makes clear that

defendant was convicted not of simply possession but of possession with intent to

distribute. (See Document 106-2 at 2.) Defendant’s contrary assertion is wrong. 

For these reasons and those set forth in the report and recommendation, 

IT IS ORDERED:

The report and recommendation is ACCEPTED. The motion to vacate

under 28 U.S.C. §2255 (document 99) is DENIED.

SO ORDERED this 27th day of February, 2008.

s/Robert L. Hinkle 

Chief United States District Judge

Case 4:03-cr-00008-RH-CAS Document 107 Filed 02/27/08 Page 2 of 2
#### § 62.205 [Reserved]
# 29.401 Domestic contracts.

- 29.401-1 Indefinite-delivery contracts for leased equipment. 
- 29.401-2 Construction contracts performed in North Carolina. 
- 29.401-3 Federal, State, and local taxes. 
- 29.401-4 New Mexico gross receipts and compensating tax. 

**Parent topic:**Subpart 29.4 - Contract Clauses
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA,

Plaintiff, 

vs. 5:96-CV-002-SPM/AK

EDWARD EARL FLOYD,

Defendant.

_____________________________/

ORDER DENYING MOTION TO REDUCE UNDER 18 U.S.C. § 3582

This cause comes before the Court on Defendant’s motion (doc. 268) to reduce

his sentence under the retroactive crack cocaine amendment (Amendments 706 and

711) and 18 U.S.C. § 3582(c). The Government has filed a response in opposition.

(doc.269)

Upon review, the Court finds that Defendant is not entitled to a sentence

reduction because application of the guideline amendment results in no change to his

sentencing range. Defendant was subject to a statutory mandatory minimum sentence,

which determined his sentencing range. Because Defendant’s sentencing range

remains the same under the amended guidelines, he is not eligible for a reduction. 

Accordingly, it is

ORDERED AND ADJUDGED that the motion (doc. 268) to reduce sentence is

hereby denied.

DONE AND ORDERED this twelfth day of May, 2008.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

Case 5:96-cr-00002-SPM-AK Document 274 Filed 05/12/08 Page 1 of 1
#### The People of the State of New York ex rel. Paul Vario, Sr., Petitioner, v. Arthur E. Krueger, as Warden of the Nassau County Jail, Respondent.

Proceeding pursuant to article 78 of the CPLR to review an order of the County Court, Hassau County, dated March 7, 1969, which summarily adjudged petitioner in criminal contempt of court for conduct committed in the presence of the court. Order confirmed and proceeding dismissed on the merits, without costs. We find that petitioner raised no competent question of fact or law on his assertion that the order of the County Court was predicated upon matter appearing dehors the record. Examination of the proceedings *572and of the order itself indicates that only the contumacious failure of petitioner to respond to the questions propounded to him before the Grand Jury served as the basis of his punishment for contempt. The failure to respond to these interrogatories properly served as the foundation for his commitment *(Matter of Koota*v. *Colombo,*17 N Y 2d 147). Christ, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.
Document No. 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 5:96cr20LAC

MARK HARRIS

REFERRAL AND ORDER

Referred to Judge Mile Davis on July 25, 2006

Motion/Pleadings: MOTION PURSUANT TO RULE 60(b)(6) of the Federal Rules of Civil

Procedure for relief from the judgment order relating back to petitioner’s original filed 2255

motion of 11/1/99 and his motion to amend pursuant to his Apprendi based claims on 10/5/2000 

Filed byDEFENDANT PRO SE on 7/3/2006 Doc.# 120

RESPONSES:

on Doc.#

on Doc.#

Stipulated Joint Pldg.

Unopposed Consented

WILLIAM M. McCOOL, CLERK OF COURT

s/Mary Maloy

LC (1 OR 2) Deputy Clerk: Mary Maloy

ORDER

Upon consideration of the foregoing, it is ORDERED this 3rd day of

August, 2006, that:

(a) The relief requested is DENIED.

(b) Fed.R.Civ.P.60(b) does not provide any basis for relief, and defendant will

not be permitted to amend a motion that was ruled upon over five years ago. (See

doc. 95). 

 s/L.A. Collier 

LACEY A. COLLIER

Senior United States District Judge

Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 5:96-cr-00020-LC-MD Document 121 Filed 08/03/06 Page 1 of 1
#### The People of the State of New York, Respondent, v. Thomas Carew, Appellant.

—Judgment unanimously affirmed as to defendant Thomas Carew, after a *Huntley*hearing directed pursuant to decision of this court entered April 19, 1966. (See *People*v. *De Fillipi,*25 A D 2d 730.) The order entered August 31, 1966 denying suppression of evidence is unanimously affirmed. Concur — McNally, J. P., Stevens, Eager and Steuer, JJ.
#### § 510.2 Public inspection, copying, and indexing.

5 U.S.C. 552(a)(2) requires that certain materials be made available for public inspection and copying and that a current index of these materials be published quarterly or otherwise be made available. Members of the public may request access to such materials maintained by ARS at the following office: Information Staff, ARS, REE, USDA, Room 1-2248, Mail Stop 5128, 5601 Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-1640 or (301) 504-1655; TTY-VOICE (301) 504-1743. Office hours are 8 a.m. to 4:30 p.m. Information maintained in our electronic reading room can be accessed at *http://www.ars.usda.gov/is/foia/#Electronic.*
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

RAPHAEL VERDEROSA
, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 15

- 1684

[ October 28, 2015]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Geoffrey D. Cohen , Judge; L.T. Case No. 14

- 10452CF10A

.

Carey Haughwout, Public Defender, and Amy Lora Rabinowitz, Assistant Public Defender, West Palm Beach, for appellant.

No appearance required for appellee.

P ER C URIAM

.

The final judgment and order o f restitution is affirmed. This cause is remanded to the trial court for entry of a written judgment of conviction and sentence, however, as neither can be located in the record on appeal or online docket for this case. The judgment shall be entered nunc pro

tunc to the date of the adjudication and sentencing.

G ROSS

, L EVINE and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### § 58.147 Insect and rodent control program.

In addition to any commercial pest control service, if one is utilized, a specially designated employee should be made responsible for the performance of a regularly scheduled insect and rodent control program. Poisonous substances shall be properly labeled, and shall be handled, stored and used in such a manner as considered satisfactory by the Environmental Protection Agency.
49.505 Other termination clauses.

(a) Personal service contracts. The contracting officer shall insert the clause at 52.249-12,

Termination (Personal Services), in solicitations and contracts for personal services (see part 37).

(b) Excusable delays. The contracting officer shall insert the clause at 52.249-14, Excusable Delays,

in solicitations and contracts for supplies, services, construction, and research and development on a

fee basis, when a cost-reimbursement contract is contemplated. The contracting officer shall also

insert the clause in time-and-material contracts, and labor-hour contracts.

(c) Communication service contracts. This regulation does not prescribe a clause for the cancellation

or termination of orders under communication service contracts with common carriers because of

special agency requirements that apply to these services. An appropriate clause, however, shall be

prescribed at agency level, within those agencies contracting for these services.

Parent topic: Subpart 49.5 - Contract Termination Clauses
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE MARK
VII, INC. CONSOLIDATED STATEMENT OF INCOME FOR THE YEAR ENDED DECEMBER 28, 1996
AND CONSOLIDATED BALANCE SHEET AS OF DECEMBER 28, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-START>                             DEC-31-1995
<PERIOD-END>                               DEC-28-1996
<CASH>                                             959
<SECURITIES>                                         0
<RECEIVABLES>                                   75,008
<ALLOWANCES>                                     1,693
<INVENTORY>                                          0
<CURRENT-ASSETS>                                82,988
<PP&E>                                           8,732
<DEPRECIATION>                                   4,214
<TOTAL-ASSETS>                                  93,597
<CURRENT-LIABILITIES>                           62,958
<BONDS>                                            601
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           495
<OTHER-SE>                                      29,543
<TOTAL-LIABILITY-AND-EQUITY>                    93,597
<SALES>                                              0
<TOTAL-REVENUES>                               563,913
<CGS>                                                0
<TOTAL-COSTS>                                  489,292
<OTHER-EXPENSES>                                64,403
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 266
<INCOME-PRETAX>                                  9,952
<INCOME-TAX>                                     4,180
<INCOME-CONTINUING>                              5,772
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,772
<EPS-PRIMARY>                                      .63
<EPS-DILUTED>                                      .60
        

</TABLE>
[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75494-75495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30344]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Notice of Application

    Pursuant to 21 U.S.C. 958(i), the Attorney General shall, prior to 
issuing

[[Page 75495]]

a registration under this Section to a bulk manufacturer of a 
controlled substance in schedule I or II, and prior to issuing a 
regulation under 21 U.S.C. 952(a)(2) authorizing the importation of 
such a substance, provide manufacturers holding registrations for the 
bulk manufacture of the substance an opportunity for a hearing.
    Therefore, in accordance with 21 CFR 1301.34(a), this is notice 
that on June 4, 2010, Clinical Supplies Management, Inc., 342 42nd 
Street South, Fargo, North Dakota 58103, made application by renewal to 
the Drug Enforcement Administration (DEA) to be registered as an 
importer of Sufentanil (9740), a basic class of controlled substance 
listed in schedule II.
    The company plans to import the listed controlled substance with 
the sole purpose of packaging, labeling, and distributing to customers 
which are qualified clinical sites conducting clinical trials under the 
auspices of an FDA-approved clinical study.
    Any bulk manufacturer who is presently, or is applying to be, 
registered with DEA to manufacture such basic class of controlled 
substance may file comments or objections to the issuance of the 
proposed registration, and may, at the same time, file a written 
request for a hearing on such application pursuant to 21 CFR 1301.43, 
and in such form as prescribed by 21 CFR 1316.47.
    Any such comments or objections should be addressed, in 
quintuplicate, to the Drug Enforcement Administration, Office of 
Diversion Control, Federal Register Representative (ODL), 8701 
Morrissette Drive, Springfield, Virginia 22152; and must be filed no 
later than January 3, 2011. This procedure is to be conducted 
simultaneously with, and independent of, the procedures described in 21 
CFR 1301.34(b), (c), (d), (e), and (f). As noted in a previous notice 
published in the Federal Register on September 23, 1975, (40 FR 43745-
46), all applicants for registration to import a basic class of any 
controlled substance in schedule I or II are, and will continue to be, 
required to demonstrate to the Deputy Assistant Administrator, Office 
of Diversion Control, Drug Enforcement Administration, that the 
requirements for such registration pursuant to 21 U.S.C. 958(a); 21 
U.S.C. 823(a); and 21 CFR 1301.34(b), (c), (d), (e), and (f) are 
satisfied.

    Dated: November 18, 2010.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 2010-30344 Filed 12-2-10; 8:45 am]
BILLING CODE 4410-09-P
[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Page 75501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30333]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Proposal Review; Notice of Meetings

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation (NSF) announces its 
intent to hold proposal review meetings throughout the year. The 
purpose of these meetings is to provide advice and recommendations 
concerning proposals submitted to the NSF for financial support. The 
agenda for each of these meetings is to review and evaluate proposals 
as part of the selection process for awards. The review and evaluation 
may also include assessment of the progress of awarded proposals. The 
majority of these meetings will take place at NSF, 4201 Wilson Blvd., 
Arlington, Virginia 22230.
    These meetings will be closed to the public. The proposals being 
reviewed include information of a proprietary or confidential nature, 
including technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) 
of the Government in the Sunshine Act. NSF will continue to review the 
agenda and merits of each meeting for overall compliance of the Federal 
Advisory Committee Act.
    These closed proposal review meetings will not be announced on an 
individual basis in the Federal Register. NSF intends to publish a 
notice similar to this on a quarterly basis. For an advance listing of 
the closed proposal review meetings that include the names of the 
proposal review panel and the time, date, place, and any information on 
changes, corrections, or cancellations, please visit the NSF Web site: 
http://www.nsf.gov. This information may also be requested by 
telephoning, 703/292-8182.

    Dated: November 30, 2010.
Susanne Bolton,
Committee Management Officer.
[FR Doc. 2010-30333 Filed 12-2-10; 8:45 am]
BILLING CODE 7555-01-P
#### § 51.909 Materially shriveled at capstem.

*Materially shriveled at capstem* means that the skin of the berry is definitely wrinkled adjacent to the capstem and the surface is materially sunken.

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991]
§ 51.3414 Application of standards. In the application of these standards to determine the percentages of potatoes in any lot which meet the requirements of the respective grades or size categories, tolerances do not apply. However, for lots which are graded or pre-sorted for size or quality, offered for inspection and required to meet one of the grades, the following tolerances, by weight, are provided: ( a ) For defects: ( 1 ) *U.S. No. 1 Processing.* 10 percent for potatoes which fail to meet the requirements of this grade including not more than one-half of this tolerance, or 5 percent, for serious damage by any means, including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown.
( 2 ) *U.S. No. 2 Processing.* 10 percent for potatoes which fail to meet the requirements of this grade including not more than one-half of this tolerance, or 5 percent, for potatoes which are seriously damaged by internal defects occurring entirely within the vascular ring, including therein not more than 2 percent for potatoes which are frozen or affected by soft rot or wet breakdown.
( b ) For loose sprouts, dirt and foreign material: 2 percent.
( c ) For off-size: ( 1 ) *Undersize.* 3 percent when the minimum size specified is less than 21 ⁄ 4 inches in diameter or less than 5 ounces in weight; and 5 percent when the minimum size specified is 21 ⁄ 4 inches or more in diameter or 5 ounces or more in weight.
( 2 ) *Oversize.* 10 percent.
UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JAMES RUSSELL JOHNSON,

Plaintiff,

vs. Case No.: 5:20cv261/TKW/MJF

ANDY PACE,

Defendant.

____________________________/

ORDER

This case is before the Court based on the magistrate judge’s Report and 

Recommendation (Doc. 10). No objections were filed. Upon due consideration of 

the Report and Recommendation and the case file, the Court agrees with the 

magistrate judge’s determination that this case is due to be dismissed based on 

Plaintiff’s failure to prosecute and comply with court orders. Accordingly, it is

ORDERED that:

1. The Report and Recommendation is adopted and incorporated by 

reference in this order.

2. This case is DISMISSED, and the Clerk shall close the file

DONE AND ORDERED this 1st day of March, 2021.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 5:20-cv-00261-TKW-MAF Document 11 Filed 03/01/21 Page 1 of 1