alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Argued and submitted December 7,

affirmed December 30, 1992,

reconsideration denied March 24, petition for review pending 1993

#### STATE OF OREGON, *Respondent, v.*BILLY EDWARD THOMAS, *Appellant.*

(10-91-08155; CA A73756)

844 P2d 936

Gary D. Babcock, Salem, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Deits and Durham, Judges.

PER CURIAM

*534PER CURIAM

Defendant appeals his conviction for sodomy in the first degree. ORS 163.405. He pled guilty to the charge and was sentenced to 58 months in prison. He contends that the court erroneously believed that it could not impose a term of probation under the sentencing guidelines.

 The state argues that, because the sentence was within the presumptive range on the grid, it is not subject to review. ORS 138.222(2)(a). Defendant counters that we may review a claim that

> “[t]he sentencing court failed to comply with requirements of law in imposing or failing to impose a sentence.” ORS 138.222(4)(a).

The trial court, defendant contends, concluded that it had no authority to place him on probation. That, he argues, is an error of law, because the court can impose probation as a downward departure. Although we agree with defendant that, if the court was mistaken about its authority to impose a sentence, that would be reviewable, ORS 138.222(4)(a), we do not agree that the trial court was mistaken. The court, in its oral colloquy at sentencing, hinted that it would like to put defendant on probation; however, it finally determined that there were no mitigating factors that justified a downward departure. We do not read the court’s ambivalence as a conclusion that it had no authority to impose probation. The claim of error is not reviewable.

Affirmed.
[Federal Register Volume 76, Number 156 (Friday, August 12, 2011)]
[Notices]
[Page 50236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20498]



[[Page 50236]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Center for Substance Abuse Prevention; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given of the closed 
meeting of the Substance Abuse and Mental Health Services 
Administration's (SAMHSA) Center for Substance Abuse Prevention (CSAP) 
Drug Testing Advisory Board (DTAB) on September 12 and 13, 2011.
    On September 12 from 9 a.m. to 4 p.m. E.D.T. and September 13 from 
9 a.m. to 3 p.m. E.D.T., the Board will discuss proposed revisions to 
the Mandatory Guidelines for Federal Workplace Drug Testing Programs. 
This meeting is closed as determined by the Administrator, SAMHSA, in 
accordance with 5 U.S.C. 552b(c)(9)(B) and 5 U.S.C. App. 2, Section 
10(d).
    Substantive program information, a summary of the meeting, and a 
roster of DTAB members may be obtained as soon as possible after the 
meeting by accessing the SAMHSA Advisory Committees' Web site, http://www.nac.samhsa.gov/DTAB/meetings.aspx, or by contacting Dr. Cook.
    Committee Name: Substance Abuse and Mental Health Services 
Administration's Center for Substance Abuse Prevention, Drug Testing 
Advisory Board.
    Dates/Time/Type: September 12, 2011 from 9 a.m. to 4 p.m. E.D.T.: 
Closed; September 13, 2011 from 9 a.m. to 3 p.m. E.D.T.: Closed.
    Place: SAMHSA Office Building, Sugarloaf Conference Room, 1 Choke 
Cherry Road, Rockville, Maryland 20857.
    Contact: Janine Denis Cook, PhD, Designated Federal Official, CSAP 
Drug Testing Advisory Board, 1 Choke Cherry Road, Room 2-1045, 
Rockville, Maryland 20857. Telephone: 240-276-2600. Fax: 240-276-2610. 
E-mail: <a href="/cdn-cgi/l/email-protection#ec868d82858289c28f838387ac9f8d81849f8dc284849fc28b839a"><span class="__cf_email__" data-cfemail="5933383730373c773a363632192a3834312a387731312a773e362f">[email protected]</span></a>.

Janine Denis Cook,
Designated Federal Official, DTAB, Division of Workplace Programs, 
Center for Substance Abuse Prevention, Substance Abuse and Mental 
Health Services Administration.
[FR Doc. 2011-20498 Filed 8-11-11; 8:45 am]
BILLING CODE 4162-20-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.722 Great Egg Harbor Bay.

The draw of the U.S. Route 9/Beesleys Point Bridge, mile 3.5, shall open if at least two hours' notice is given from October 1 to May 14 from 8 p.m. to 6 a.m., from May 15 to September 30 from 10 p.m. to 6 a.m., and from 8 p.m. on December 24 until and including 6 a.m. on December 26 of every year; and shall open on signal at all other times.

[USCG-2009-0453, 75 FR 3858, Jan. 25, 2010]
United States Court of Appeals

Fifth Circuit

FILED

August 1, 2003

Charles R. Fulbruge III

Clerk

In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 02-51363

Summary Calendar

_______________

WILLIAM H. ROYSTER,

Plaintiff-Appellant,

VERSUS

THOMAS E. WHITE,

SECRETARY OF THE ARMY,

Defendant-Appellee.

_________________________

Appeal from the United States District Court

for the Western District of Texas

m W-02-CV-201

_________________________

Before JOLLY, HIGGINBOTHAM, and SMITH,

Circuit Judges.

PER CURIAM:

*

WilliamRoyster appealsthe dismissalof his

title VII suit against the Secretary of the

*

Pursuant to 5TH CIR. R. 47.5, the court has

(continued...)

(...continued)

determined that this opinion should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.
2

Army. The district court dismissed because

White did not notify an equal employment opportunity counselor within forty-five days of

the alleged discrimination.

The district court explained its reasons in a

concise order dated October 11, 2002, and entered October 15, 2002. We agree with that

court’s analysis. In addition to the fact that

Royster changed his story from time to time,

to make it appear that he had satisfied the

deadline, indisputable facts show he was notified of his termination well in excess of fortyfive days before he took appropriate action to

pursue the matter administratively. 

Royster makes an equitable tolling argument. He did not raise that issue in the district

court, so we will not consider it.

AFFIRMED.
#### § 147.15 Extent of safety zones.

A safety zone establishment under this part may extend to a maximum distance of 500 meters around the OCS facility measured from each point on its outer edge or from its construction site, but may not interfere with the use of recognized sea lanes essential to navigation.
Exhibit 32.1





Section 906 Certification


_______________





The following statement is provided by the undersigned to accompany the Form 10-Q of the MLM Index TM Fund pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350).





The undersigned certifies that the foregoing Report on Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the MLM Index TM
Fund.





May 12, 2009








By: /s/ Timothy J. Rudderow


Timothy J. Rudderow


President


Mount Lucas Management Corporation,


the manager of the MLM Index TM Fund
##### 



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
  (1)
    
    the Quarterly Report on Form 10-Q of the Company for the first quarter of
fiscal year 2007 ended September 30, 2006, as filed with the Securities and Exchange
Commission (the Report), fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and(2)
    
    the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 Dated:  January 23, 2007
    /s/ Lynn  R. BlodgettLynn R. Blodgett,President and Chief Executive Officer of
Affiliated Computer Services, Inc.
§ 154.740 Records. Each facility operator shall maintain at the facility and make available for examination by the COTP: ( a ) A copy of the letter of intent for the facility;
( b ) The name of each person designated as a person in charge of transfer operations at the facility and certification that each person in charge has completed the training requirements of § 154.710 of this part;
( c ) The date and result of the most recent test or examination of each item tested or examined under § 156.170 of this chapter;
( d ) The hose information required by § 154.500 (e) and (g) except that marked on the hose;
( e ) The record of all examinations of the facility by the COTP within the last 3 years;
( f ) The Declaration of Inspection required by § 156.150(f) of this chapter;
( g ) A record of all repairs made within the last three years involving any component of the facility's vapor control system required by subpart P of this part;
( h ) A record of all automatic shut downs of the facility's vapor control system within the last 3 years; and
( i ) Plans, calculations, and specifications of the facility's vapor control system certified under 33 CFR 154.2020 through 154.2025.
( j ) If they are not marked as such, documentation that the portable radio devices in use at the facility under § 154.560 of this part are intrinsically safe.
(Approved by the Office of Management and Budget under control number 1625-0060) [CGD 75-124, 45 FR 7173, Jan. 31, 1980, as amended by CGD 88-102, 55 FR 25429, June 21, 1990; CGD 86-034, 55 FR 36254, Sept. 4, 1990; CGD 93-056, 61 FR 41461, Aug. 8, 1996; USCG-2006-25150, 71 FR 39209, July 12, 2006; USCG-1999-5150, 78 FR 42618, July 16, 2013]
III 

110TH CONGRESS 

2D SESSION S. RES. 500 

Honoring military children during ‘‘National Month of the Military Child’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 3, 2008 

Mr. KENNEDY (for himself and Mr. BAYH) submitted the following resolution; 

which was referred to the Committee on Armed Services 

RESOLUTION 

Honoring military children during ‘‘National Month of the 

Military Child’’. 

Whereas more than 2,000,000 men and women are demonstrating their courage and commitment to freedom by 

serving in the Armed Forces of the United States; 

Whereas 46 percent of members of the Armed Forces, when 

deployed away from their permanent duty stations, leave 

families with children behind; 

Whereas no one feels the effect of deployments more than the 

children of deployed members of the Armed Forces; 

Whereas, as of March 2007, approximately 2,108 children 

had lost a parent serving in Operation Iraqi Freedom 

and Operation Enduring Freedom; 


smartinez on PRODPC60 with BILLS
2 

•SRES 500 IS 

Whereas the daily struggles and personal sacrifices of children of members of the Armed Forces too often go unnoticed; 

Whereas the children of members of the Armed Forces are 

a source of pride and honor to the people of the United 

States and it is fitting that the Nation recognize their 

contributions and celebrate their spirit; 

Whereas the ‘‘National Month of the Military Child’’, observed in April each year, recognizes military children for 

their sacrifices and contributes to demonstrating the Nation’s unconditional support for members of the Armed 

Forces; 

Whereas, in addition to Department of Defense programs to 

support military families and military children, various 

programs and campaigns have been established in the 

private sector to honor, support, and thank military children by fostering awareness and appreciation for the sacrifices and the challenges they face; and 

Whereas a month-long salute to military children will encourage support for those organizations and campaigns established to provide direct support for military children and 

families: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) joins the Secretary of Defense in honoring 

3 the children of members of the Armed Forces and 

4 recognizes that those children also share in the bur5 den of protecting the Nation; 

6 (2) urges the people of the United States to 

7 join with the military community in observing the 


smartinez on PRODPC60 with BILLS
3 

•SRES 500 IS 

1 ‘‘National Month of the Military Child’’ with appro2 priate ceremonies and activities that honor, support, 

3 and thank military children; and 

4 (3) recognizes with great appreciation the con5 tributions made by private-sector organizations that 

6 provide resources and assistance to military families 

7 and the communities that support them. 

Æ 


smartinez on PRODPC60 with BILLS
Healthy Eating: Healthy Heart  

Participant Passport 
 

 

 

 

_________________________________ 

Activity Date 

Scheduled 

Date 

Completed 

Staff 

Initials 

Study 

Assessment 

Visits 

Signed 

Consent 

Baseline 

Visit 

Month 1 

Visit 

Month 3 

Visit 

Month 6 

Visit 

Education 

Sessions 

BP 

Education 

Class 

BP Monitor 

Training 

Nutrition 

Class 

Optional 

Class 

Optional 

Class 

Optional 

Class 

Optional 

Class 

Activity Date 

Scheduled 

Date 

Completed Staff 

Initials 

Blood 

Pressure 

Downloads 

Download 

#1 

Download 

#2 

Download 

#3 

Download 

#4 

Month 2 

Month 3 

Month 6 

Completion! 

To view the Blood Pressure Education Videos, visit: 

1. www.youtube.com and search for “How to Use Your Home

Blood Pressure Monitor NACHC”

2. www.CDNetwork.org/CBN-DASH

Name of Participant 
Alimentación Saludable: Corazón Sano 

Pasaporte Del Participante
 

 

 

 

 

 

_________________________________ 

Actividad Fecha 

Programada 

Fecha 

Completada 

Inciciales 

del 

Personal 

Visitas del 

Estudio 

Firmó 

Consentimiento 

Informado 

Visita de 

Referencia 

Visita del Mes 1 

Visita del Mes 3 

Visita del Mes 6 

Sesiones 

Educativas 

Clase de 

Educación PA 

Entrenamiento 

del Monitor de 

PA 

Clase de 

Educación 

Nutricional 

Clase Opcional 

Clase Opcional 

Clase Opcional 

Clase Opcional 

Actividad Fecha 

Programada 

Fecha 

Completada 

Iniciales 

del 

Personal 

Descargas 

de Presión 

Arterial 

Descarga 

#1 

Descarga 

#2 

Descarga 

#3 

Descarga 

#4 

Mes 2 

Mes 3 

Mes 6 

¡Completa! 

Para ver los Videos de educación sobre la presión arterial, 

visite: 

1. www.youtube.com y busque “Como Usar Su Monitor de

Presión Arterial NACHC”

2. www.CDNetwork.org/CBN-DASH 

Nombre del Participante
§ 779.15 Sale and resale. ( a ) Section 3(k) of the Act provides that “Sale” or “sell”, as used in the Act, “includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.” Since “goods”, as defined, includes any part or ingredient of goods (see § 779.14), a “resale” of goods includes their sale in a different form than when first purchased or sold, such as the sale of goods of which they have become a component part (*Arnold* v. *Kanowsky,* 361 U.S. 388). The Act, in section 3(n), provides one exception to this rule by declaring that “resale”, as used in the Act, “shall not include the sale of goods to be used in residential or farm building construction, repair, or maintenance: *Provided,* That the sale is recognized as a bona fide retail sale in the industry.” A resale of goods is not confined to resale of the goods as such, but under section 3(k) may include an “other disposition” of the goods in which they are disposed of in a transaction of a different kind; thus the sale by a restaurant to an airline of prepared meals to be served in flight to passengers whose tickets entitle them to a “complimentary” meal is a sale of goods “for resale”. (*Mitchell* v. *Sherry Corine Corp.,* 264 F 2d 831 (C.A. 4), cert. denied 360 U.S. 934.)
( b ) In construing section 3(s)(1) of the Act as it was prior to the 1966 amendments it should be noted that section 3(n) of the prior Act defined “resale” by declaring that this term, “except as used in subsection (s)(1), shall not include the sale of goods to be used in residential or farm building construction, repair, or maintenance: *Provided,* That the sale is recognized as a bona fide retail sale in the industry.” Thus, although section 3(n) of the prior Act also provided the one exception to the meaning of “resale”, it made clear that the exception was inapplicable in determining under section 3(s)(1) of the prior Act, “if such enterprise purchases or receives goods for resale that move or have moved across State lines (not in deliveries from the reselling establishment) which amount in total volume to $250,000 or more”. The application of the inflow test under section 3(s) (1) of the prior Act is discussed fully in subpart C of this part.
#### § 156.310 Prohibited areas.

Lightering operations and STS Operations are prohibited within the following areas in the Gulf of Mexico:

(a) *Claypile—prohibited area.* This prohibited area consists of the waters bounded by a line connecting the following points beginning at:

| *Latitude N.* | *Longitude W.* |
| --- | --- |
| 28°15′00′′, | 94°35′00′′, thence to |
| 27°40′00′′, | 94°35′00′′, thence to |
| 27°40′00′′, | 94°00′00′′, thence to |
| 28°33′00′′, | 94°00′00′′, and thence to the point of beginning. |

(NAD 83)

(b) *Flower Garden—prohibited area.* This prohibited area consists of the waters bounded by a line connecting the following points beginning at:

| *Latitude N.* | *Longitude W.* |
| --- | --- |
| 27°40′00′′, | 94°00′00′′, thence to |
| 28°18′00′′, | 94°00′00′′, thence to |
| 28°18′00′′, | 92°38′00′′, thence to |
| 28°30′00′′, | 92°38′00′′, thence to |
| 28°15′00′′, | 91°30′00′′, thence to |
| 27°40′00′′, | 91°30′00′′, and thence to the point of beginning. |

(NAD 83)

(c) *Ewing—prohibited area.* This prohibited area consists of the waters bounded by a line connecting the following points beginning at:

| *Latitude N.* | *Longitude W.* |
| --- | --- |
| 27°53′00′′, | 91°30′00′′, thence to |
| 28°15′00′′, | 91°30′00′′, thence to |
| 28°15′00′′, | 90°10′00′′, thence to |
| 27°53′00′′, | 90°10′00′′, and thence to the point of beginning. |

(NAD 83)

[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended by USCG-2010-0194, 80 FR 5935, Feb. 4, 2015]
§ 127.205 Emergency shutdown. Each transfer system must have an emergency shutdown system that— ( a ) Can be activated manually; and
( b ) Is activated automatically when the fixed sensors under § 127.201(b) measure LNG concentrations exceeding 40% of the lower flammable limit.
Exhibit 31.1**CERTIFICATIONS**I, Kevin A. Green, certify that:1. I have reviewed this Annual Report on Form 10-K for the year ending May 31, 2007 of CelebrateExpress, Inc. (“the Registrant”); 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit 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 disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) Paragraph omitted pursuant to SEC Release 33-8238;  (c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  (d) disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover 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 the registrant’s board of directors (or persons performing the equivalentfunction): (a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  (b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal controls over financial reporting.   /s/ Kevin A. Green   Kevin A. Green  Chief Executive Officer  August 17, 2007
p.1 

OAR Box 1830 

Prepped by Ollie Stewart 

Document Number: 

84) IV-C-50 

Docket Number: 

A-87-11 

Printed 11/13/2008 7:20:55 AM Sheet 84 of 232 
P.2 

' ^° S X 

UR 

\m*e X 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

FEB 2 1983 

OFFICE OF 

AIR AND RADIATION 

Honorable George W. Darden 

United States House of Representatives 

Washington, D.C. 20515 

Dear Mr. Darden: 

Thank you for passing along the comments of Mr. Richard 

Cobb concerning EPA's proposal to require onboard refueling 

emission controls. Be assured that these comments will be | 

considered as we prepare our final rule. We will also be * 

placing them in the public docket for the rulemaking (Docket No* 

A-87-11). 

Thank you again for your concern in this matter. 

Sincerely yours, 

ORIGINAL SIGNED BY 

RICHARD D. WILSON 

Richard D. Wilson 

Director, Office of Mobile Sources 

c c : Docket A-87-11 

SEKX bcc: Region 04 

Congressional Liaison/Quinn 

Prepared by: form Letter:sal:l/27/88:AL880328 - ECTD, Ann Arbor, MI