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# GENERAL

THE AYTORNEY

0F TEXAS

The Honorable W. L. Hardwick County Attorney Live Oak County George West, Texas 78022
Dear Mr. Hardwick: Opinion No. H- 84 Re: Is an eighteen year old, who is aqualified voter, eligible tobe elected and hold the office oftrustee of an independent school district? You have asked whether aperson 18years old, who is aqualified voter and not otherwise disqualified, is eligible to be elected and hold the office of trustee of an independent &hool district. Section 21.007 of the Texas Education Code provides that no **one** shall be elected as such atrustee unless he is aqualified voter. ‘Qualified voter” is defined inArticle 1.Olaof the Texas Election Code as “a person who meets all the qualifications and requirements ofvoting as prescribed inSection 34 [Art.. 5.021 of this code”. Article 5.02 ofthe Election Code would make 21years of age the minimum age for voting. However, the Twenty-Sixth Amendment to the United States Constitution provides that no State shall deny any citizen ofthe United States, 18years of age or older the right to vote on account of age. Therefore, regardless of Senate Bill 123, which takes effect August 27, 1973, and generally grants 18year olds the status of adults [see H-82 (1973)], an individual who is 18 years of age and in compliance with all other provisions ofArticle 5.08 of the Election Code is eligible to be a candidate for the office oftrustee of an independent school district. Your specific question therefore is answered inthe affirmativ~e.

p. 383The Honorable W. L. Hardwick, page 2 

### (H-84)

SUMMARY A qualified voter, 18years of age or older, is not ineligible because of age to be elected trustee of an independent! school district. Very truly yours.

Opinion Committee

p. 384
#### § 51b.403 Who is eligible for a grant under this subpart?

An applicant must be a State agency or a political subdivision of a State which has legal responsibility for disease control under the laws of the State.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Project Nos. 2165-027]

In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR Part 380 (Order No. 486, 52 FR 47897), the Office of Energy Projects has reviewed an application for non-project use of project lands and waters at the Warrior River Hydroelectric Project (FERC No. 2165). An environmental assessment (EA) has been prepared as part of staff's review of the proposal. The proposed non-project use is located on Lewis Smith Lake in Winston County, Alabama.

In the application, Alabama Power requests Commission authorization to permit Silverock Cove, LLC to install 11 cluster docks (with a total of 74 boat slips), a walking trail, and a community boat launch within the project boundary. These structures would serve the residents of Silverock Cove, a planned community that is located adjacent to project lands. The EA contains Commission staff's analysis of the probable environmental impacts of the proposal and concludes that approval of the proposal, as modified by the staff, would not constitute a major federal action significantly affecting the quality of the human environment.

                    The EA is attached to a Commission order titled “Order Modifying and Approving Non-Project Use of Project Lands and Waters,” which was issued September 8, 2009, and is available for review and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426. The EA may also be viewed on the Commission's Web site at                     *http://www.ferc.gov*                     using the “elibrary” link. Enter the docket number (P-2165) in the docket number field to access the document. For assistance, contact FERC Online Support at                     *FERCOnlineSupport@ferc.gov*                     or toll-free at 1-866-208-3372, or for TTY, (202) 502-8659.                

Kimberly D. Bose,

Secretary.

[FR Doc. E9-22234 Filed 9-15-09; 8:45 am]

BILLING CODE 6717-01-P
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – February 8, 2024

# 									Public Schedule – February 8, 2024							

Public Schedule

Office of the Spokesperson

February 7, 2024

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Saudi Arabia, Egypt, Qatar, Israel, and the West Bank from February 4-8, 2024.

**9:00 a.m. LOCAL**Secretary Blinken meets with Israeli Minister Gadi Eisenkot and Israeli Minister Benny Gantz in Tel Aviv, Israel.**(POOLED CAMERA SPRAY AT TOP)**

**10:00 a.m. LOCAL**Secretary Blinken meets with Israeli Opposition Leader Yair Lapid in Tel Aviv, Israel.**(POOLED CAMERA SPRAY AT TOP)**

**11:45 a.m. LOCAL**Secretary Blinken holds a meet and greet with U.S. Mission Israel first and second tour Foreign Service Officers in Tel Aviv, Israel.**(CLOSED PRESS COVERAGE)**

**DEPUTY SECRETARY FOR MANAGEMENT AND RESOURCES RICHARD R. VERMA******

**1:30 p.m.** Deputy Secretary Verma and Secretary of Veterans Affairs Denis McDonough participate in a fireside chat with military veteran employees at the Department of State.**(CLOSED PRESS COVERAGE)**

**ACTING DEPUTY SECRETARY VICTORIA NULAND**

Acting Deputy Secretary Nuland attends meetings and briefings at the Department of State.

**UNDER SECRETARY FOR CIVILIAN SECURITY, DEMOCRACY, AND HUMAN RIGHTS UZRA ZEYA**

**2:00 p.m.**Under Secretary Zeya meets with Australian Ambassador to the United States Kevin Rudd at the Department of State.(**CLOSED PRESS COVERAGE)**

**3:30 p.m.** Under Secretary Zeya meets with Danish Ambassador to the United States Jesper Møller Sørensen at the Department of State.(**CLOSED PRESS COVERAGE)**

**ASSISTANT SECRETARY FOR EUROPEAN AND EURASIAN AFFAIRS JAMES O’BRIEN******

**1:00 p.m****.** Assistant Secretary O’Brien meets with World Justice Project Chief of Philanthropic Partnerships James van der Klok at the Department of State.**(CLOSED PRESS COVERAGE)******

**ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS TODD D. ROBINSON******

Assistant Secretary Robinson is on travel to Peru and Ecuador from February 5-9, 2024.

**BRIEFING SCHEDULE******

**12:45 p.m.**Department Press Briefing with Principal Deputy Spokesperson Vedant Patel.

*The Department Press Briefing will be streamed live on the****Department homepage****and****YouTube Channel****.*

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Office of the SpokespersonSecretary TripThe Secretary of State

Back to Top
###### Editorial Note on Part 460

#### Editorial Note:

Nomenclature changes to part 460 appear at 67 FR 61504, Oct. 1, 2002.

#### § 460.3 Part D program requirements.

PACE organizations offering qualified prescription drug coverage and meeting the definition of a Part D plan sponsor, as defined in § 423.4 of this chapter, must abide by all applicable Part D program requirements in part 423 of this chapter.

[84 FR 25671, June 3, 2019]
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§ 488.70 Special requirements for rural emergency hospitals (REHs). An eligible facility submitting an application for enrollment under section 1866(j) of the Act to become a rural emergency hospital (REH) (as defined in § 485.502 of this chapter) must also submit an action plan containing the following additional information: ( a ) *Plan for provision of services.* The provider must submit an action plan for initiating rural emergency hospital (REH) services (as defined in § 485.502 of this chapter, and which must include the provision of emergency department services and observation care).
( b ) *Transition plan.* The provider must submit a detailed transition plan that lists the specific services that the provider will retain, modify, add, and discontinue as an REH.
( c ) *Other outpatient medical and health services.* The provider must submit a detailed description of the other medical and health services that it intends to furnish on an outpatient basis as an REH.
( d ) *Use of additional facility payment.* The provider must submit information regarding how the provider intends to use the additional facility payment provided in accordance with section 1834(x)(2) of the Act, including a description of the services that the additional facility payment would be supporting, such as the operation and maintenance of the facility and the furnishing of covered services (for example, telehealth services, and ambulance services).
[88 FR 59335, Aug. 28, 2023]
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SAE JOON KIM, aka Kim Sae J.,

 Petitioner,

 v.

ERIC H. HOLDER JR., Attorney General,

 Respondent.

No. 06-72725

Agency No. A070-459-936

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 12, 2010** 

San Francisco, California

Before: WALLACE, GRABER, and McKEOWN, Circuit Judges.

Sae Joon Kim, a native and citizen of South Korea, petitions for review of

the decision of the Board of Immigration Appeals (“BIA”) ordering his removal. 

Kim is one of several individuals identified by the government as having allegedly

FILED

MAR 17 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

received their lawful permanent residence status through the fraudulent scheme of

Leland Sustaire, a former Supervisory Adjudications Officer of the Immigration

and Naturalization Service.

 We deny the petition for review. Kim’s challenge to the finding of

removability fails because he conceded that he was removable as charged in

immigration court. See 8 C.F.R. § 1240.10(c); Young Sun Shin v. Mukasey, 547

F.3d 1019, 1024 (9th Cir. 2008) (holding that where the non-citizen concedes

removability, “‘the government’s burden in this regard is satisfied.’” (quoting

Estrada v. INS, 775 F.2d 1018, 1020 (9th Cir. 1985))), cert. denied, 129 S. Ct.

2799 (2009).

We also reject Kim’s argument that we should equitably estop his removal

in light of Sustaire’s criminal wrongdoing. Because “the government is not bound

by the unauthorized acts of its agents,” Kim cannot show “affirmative misconduct

going beyond mere negligence” on the part of the government to warrant estoppel. 

Watkins v. U.S. Army, 875 F.2d 699, 707 (9th Cir. 1989) (en banc) (internal

quotation marks omitted); cf. Young Sun Shin, 547 F.3d at 1022 (holding that “the

government cannot be saddled with the felonious, unauthorized issuance of

residency documentation by a thieving employee”).

PETITION FOR REVIEW DENIED.
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – March 14, 2023

# 									Public Schedule – March 14, 2023							

Public Schedule

Office of the Spokesperson

March 13, 2023

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Ethiopia and Niger from March 14-17, 2023.

**DEPUTY SECRETARY WENDY R. SHERMAN**

**11:30 a.m.** Deputy Secretary Sherman meets with Belgian Foreign Minister Hadja Lahbib at the Department of State.**(CLOSED PRESS COVERAGE)**

**ACTING DEPUTY SECRETARY FOR MANAGEMENT AND RESOURCES JOHN BASS**

Acting Deputy Secretary Bass attends meetings and briefings at the Department of State.

**UNDER SECRETARY FOR POLITICAL AFFAIRS VICTORIA J. NULAND**

Under Secretary Nuland attends meetings and briefings at the Department of State.

**UNDER SECRETARY FOR CIVILIAN SECURITY, DEMOCRACY, AND HUMAN RIGHTS UZRA ZEYA**

Under Secretary Zeya is on travel to The Gambia and Senegal from March 12-14, 2023.

**ASSISTANT SECRETARY FOR CONSULAR AFFAIRS RENA BITTER**

Assistant Secretary Bitter is on travel to Albania and Portugal from March 8-15, 2023.

**ASSISTANT SECRETARY FOR EDUCATIONAL AND CULTURAL AFFAIRS LEE SATTERFIELD**

Assistant Secretary Satterfield is on travel to South Africa from March 13-17, 2023.

**ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS TODD D. ROBINSON**

Assistant Secretary Robinson is on travel to Georgia, Italy, Vatican City, and Austria from March 6-17, 2023.

**ASSISTANT SECRETARY FOR POLITICAL-MILITARY AFFAIRS JESSICA LEWIS**

Assistant Secretary Lewis is on travel to the Netherlands and Germany from March 13-18, 2023.

**BRIEFING SCHEDULE**

**2:00 p.m.** Telephonic Department Press Briefing with Spokesperson Ned Price.**(OPEN PRESS COVERAGE)**

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United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted October 16, 2009∗

 Decided October 23, 2009

Before

FRANK H. EASTERBROOK, Chief Judge

KENNETH F. RIPPLE, Circuit Judge

TERENCE T. EVANS, Circuit Judge

No. 09-1514

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

EDDIE D. GREGORY,

Defendant-Appellant.

Appeal from the United 

States District Court for the 

Southern District of Indiana, 

Indianapolis Division.

No. 1:93-CR-00148-15

Larry J. McKinney, Judge.

Order

Eddie D. Gregory is serving a sentence of 480 months’ imprisonment for crackcocaine offenses. After the Sentencing Commission reduced the Guideline ranges for 

such crimes, and made the reductions retroactive, Gregory filed a motion under 18 

U.S.C. §3582(c)(2) asking for a lower sentence. The district court denied that motion; 

Gregory appeals. The appeal was received after the 10 days allowed, but the prisonmailbox rule makes it timely.

 

∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After 

examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. 

App. P. 34(a); Cir. R. 34(f).

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with 

Fed. R. App. P. 32.1
No. 09-1514 Page 2

Gregory’s sentence is within the range of 360 months to life that was prescribed 

for his offense level of 42 and his criminal history category of VI. The retroactive 

change to the Guidelines reduced the offense level from 42 to 40. The range for level 40 

likewise is 360 months to life. Section 3583(c)(2) allows the district judge to change a 

sentence only when the revised guideline lowers the sentencing range. The district 

court rightly concluded that this had not occurred for Gregory, making him ineligible.

Gregory’s brief does not disagree with this understanding. Instead he contends 

that he should receive a complete resentencing, at which he would argue that criminal 

history category VI overstates the seriousness of his record and that he should receive a 

lower sentence under United States v. Booker, 543 U.S. 220 (2005), and its successors. But 

§3582(c)(2) does not authorize a full resentencing. See United States v. Cunningham, 554 

F.3d 703 (7th Cir. 2009). The original offense-level and criminal-history calculations must 

be taken as established; the question under the statute is whether a change in the 

Guidelines affects the resulting range. The change did not affect Gregory’s range, so the 

statute does not authorize resentencing.

AFFIRMED
Electronically Filed

Intermediate Court of Appeals

CAAP-13-0000282

28-JUN-2013

08:22 AM
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Legal Services Corporation

*Date and Time:*                     The Legal Services Corporation Board of Directors will meet on September 21, 2009, commencing at 1 p.m. Eastern Daylight Savings Time.                

*Public Observation:*                     Members of the public who wish to observe the meeting may do so in person at the offices of the Legal Services Corporation or by listening to it live by following the telephone call-in directions given below. Anyone who calls in should keep his/her telephone muted to eliminate background noises. Comments from the public may from time to time be solicited by the Chairman of the Board.                

*Call-in Directions for Open Sessions:*
    - Call toll-free number: 1(866) 266-3378;
    - When prompted, enter the following Conference Identification number: 2022951504 followed by the “#” sign; and
    - When prompted, enter the following Pass Code: 2223 followed by the “#” sign; and
    - When connected to the call, please “MUTE” your telephone immediately.

*Location:*                     Legal Services Corporation, 3333 K Street, NW., Washington, DC 20007.                

*Status of Meeting:*                     Open.                

*Matters To Be Considered:*

1. Approval of agenda.

2. Consider and act on adoption of LSC's 2009 Justice Gap Report.

3. Consider and act on the election of Vice Chairman of the Board of Directors.

4. Consider and act on other business.

5. Consider and act on adjournment of meeting.

*Contact Person for Information:*                     Katherine Ward, Executive Assistant to the Vice President & General Counsel, at (202) 295-1500.                

*Special Needs:*                     Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Katherine Ward, at (202) 295-1500.                

Dated: September 10, 2009.

Victor M. Fortuno,

Vice President & General Counsel.

[FR Doc. E9-22328 Filed 9-11-09; 4:15 pm]

BILLING CODE 7050-01-P
§ 455.436 Federal database checks. The State Medicaid agency must do all of the following: ( a ) Confirm the identity and determine the exclusion status of providers and any person with an ownership or control interest or who is an agent or managing employee of the provider through routine checks of Federal databases.
( b ) Check the Social Security Administration's Death Master File, the National Plan and Provider Enumeration System (NPPES), the List of Excluded Individuals/Entities (LEIE), the Excluded Parties List System (EPLS), and any such other databases as the Secretary may prescribe.
( c ) ( 1 ) Consult appropriate databases to confirm identity upon enrollment and reenrollment; and
( 2 ) Check the LEIE and EPLS no less frequently than monthly.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheets and consolidated statements of income of Dionex
Corporation and is qualified in its entirety by reference to such consolidated
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           11336
<SECURITIES>                                         0
<RECEIVABLES>                                    40808
<ALLOWANCES>                                       812
<INVENTORY>                                      12702
<CURRENT-ASSETS>                                 76195
<PP&E>                                           57993
<DEPRECIATION>                                   18687
<TOTAL-ASSETS>                                  146674
<CURRENT-LIABILITIES>                            41440
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         46445
<OTHER-SE>                                       49293
<TOTAL-LIABILITY-AND-EQUITY>                    146674
<SALES>                                         172940
<TOTAL-REVENUES>                                172940
<CGS>                                            57168
<TOTAL-COSTS>                                    57168
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 301
<INCOME-PRETAX>                                  42611
<INCOME-TAX>                                     14137
<INCOME-CONTINUING>                              28474
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     28474
<EPS-BASIC>                                     1.28
<EPS-DILUTED>                                     1.20


</TABLE>
#### Irion BORDELON v. Albert B. CRUTCHER.

No. 63792.

Supreme Court of Louisiana.

Feb. 16, 1979.

In re Irion Bordelon, applying for certio-rari, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 365 So.2d 1114.

Writ denied. The Court of Appeal correctly affirmed the Judgment of the District Court.

SUMMERS, C. J., would grant the writ.