alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

§ 117.401 Trail Creek. ( a ) The draw of the Franklin Street bridge, mile 0.5 at Michigan City, shall be operated as follows: ( 1 ) From March 16 through November 30, the draw shall open on signal; except from 6:15 a.m. to 11:15 p.m., Monday through Sunday, the draw need open only from three minutes before to three minutes after the quarter-hour and three-quarter hour.
( 2 ) From December 1 through March 15, the draw shall open on signal if at least 12-hours advance notice is provided prior to intended time of passage.
( b ) The draw of the Amtrak Railroad Bridge, mile 0.9, at Michigan City shall open on signal, except from December 1 through March 15 the draw shall open if at least 12-hours advance notice is given. The bridge is authorized to be operated remotely. The bridge shall operate and maintain a VHF-FM Marine Radio.
( c ) Public vessels of the United States, state or local vessels used for public safety, vessels in distress, and vessels seeking shelter from severe weather shall be passed through the draws of each bridge as soon as possible.
[CGD09-01-001, 66 FR 27867, May 21, 2001, as amended by USCG-2022-0303, 88 FR 28991, May 5, 2023]
*

 This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th

Cir. R. 32.1.

** After examining the briefs and the appellate record, this three-judge

panel has determined unanimously that oral argument would not be of material

assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th

Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.

FILED

United States Court of Appeals

Tenth Circuit

July 17, 2008

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANTHONY ROBERT KITTREDGE,

Defendant - Appellant.

No. 07-1028

(D.C. No. 04-CR-262-MSK)

(D. Colo.)

ORDER AND JUDGMENT*

Before KELLY, MURPHY, and O’BRIEN, Circuit Judges.**

Defendant-Appellant Anthony Robert Kittredge pleaded guilty to robbery

affecting commerce, 18 U.S.C. § 1951(a), and brandishing a firearm during and in

relation to the above, 18 U.S.C. § 924(c). He was sentenced to 24 months’

imprisonment on the robbery affecting commerce count, and 84 months on the

firearm count, to be served consecutively, and four years’ supervised release
- 2 -

thereafter. On direct appeal, we affirmed. United States v. Kittredge, 251 Fed.

App’x 569 (10th Cir. 2007) (unpublished). The Supreme Court has now vacated

our judgment and remanded to us for further consideration in light of Gall v.

United States, 128 S. Ct. 586 (2007). See Kittredge v. United States, No. 07-

8859, 2008 WL 177748 (May 12, 2008). Upon consideration thereof, we remand

to the district court to vacate Mr. Kittredge’s sentence and resentence him in light

of Gall.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge
#### § 155.200 Definitions.

As used in this subpart:

*Inland oil barge* means a tank barge carrying oil in bulk as cargo certificated by the Coast Guard under 46 CFR chapter I, subchapter D for river or canal service or lakes, bays, and sounds service.

*On-deck spill* means a discharge of oil on the deck of a vessel during loading, unloading, transfer, or other shipboard operations. An on-deck spill could result from a leaking fitting, an overfill, a bad connection, or similar operational mishap. The term *on-deck spill* is used to differentiate these operational discharges from those caused by collision or grounding where the hull is punctured and a tank is ruptured, resulting in an uncontrolled discharge of oil into the marine environment.

*Offshore oil barge* means a tank barge carrying oil in bulk as cargo, including dual-mode integrated tug-barges, certificated by the Coast Guard under 46 CFR chapter I, subchapter D, for navigation in waters outside the Boundary Lines, as defined in 46 CFR part 7, in any ocean or the Gulf of Mexico; any tank barge in Great Lakes service; or any foreign flag tank barge.

*Oil tanker* means a self-propelled vessel carrying oil in bulk as cargo, including integrated tug-barges designed for push-mode operation.

*Vessel carrying oil as secondary cargo* means a vessel carrying oil pursuant to a permit issued under 46 CFR 30.01-5, 46 CFR 70.05-30, or 46 CFR 90.05-35 or pursuant to an International Oil Pollution Prevention (IOPP) or Noxious Liquid Substance (NLS) certificate required by § 151.33 or § 151.35 of this chapter; or any uninspected vessel that carries oil in bulk as cargo.

[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by USCG-2001-9046, 67 FR 58524, Sept. 17, 2002; 73 FR 79316, Dec. 29, 2008]
§ 156.118 Advance notice of transfer. ( a ) The COTP may require a facility operator to notify the COTP of the time and place of each transfer operation at least 4 hours before it begins for facilities that: ( 1 ) Are mobile;
( 2 ) Are in a remote location;
( 3 ) Have a prior history of oil or hazardous material spills; or
( 4 ) Conduct infrequent transfer operations.
( b ) In the case of a vessel to vessel transfer, the COTP may require a vessel operator of a lightering or fueling vessel to notify the COTP of the time and place of each transfer operation, as specified by the COTP, at least 4 hours before it begins.
( c ) No person may conduct such transfer operations until advance notice has been given as specified by the COTP.
Note:
The notification may be accomplished by submitting a written schedule, periodically updated to be current.
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]
###### Editorial Note on Part 117

#### Editorial Note:

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

#### § 117.999 Blackwater River.

The draw of the S189 bridge, mile 9.2 at South Quay, need not be opened for the passage of vessels.

[USCG-2011-0943, 77 FR 20718, Apr. 6, 2012]
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-END>                               APR-01-2000
<CASH>                                           1,364
<SECURITIES>                                         0
<RECEIVABLES>                                   16,665
<ALLOWANCES>                                       898
<INVENTORY>                                     10,885
<CURRENT-ASSETS>                                29,775
<PP&E>                                          40,497
<DEPRECIATION>                                  26,040
<TOTAL-ASSETS>                                  48,500
<CURRENT-LIABILITIES>                           18,684
<BONDS>                                         12,653
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                      16,624
<TOTAL-LIABILITY-AND-EQUITY>                    48,500
<SALES>                                         20,288
<TOTAL-REVENUES>                                20,288
<CGS>                                           11,012
<TOTAL-COSTS>                                   11,012
<OTHER-EXPENSES>                                 7,151
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 122
<INCOME-PRETAX>                                  2,003
<INCOME-TAX>                                       630
<INCOME-CONTINUING>                              1,373
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,373
<EPS-BASIC>                                        .48
<EPS-DILUTED>                                      .47


</TABLE>
**Exhibit 31.2**

 

**Section 302 Certification of Principal Financial Officer**

 

I, Garry Wong, certify that:

| 1. | I have reviewed this quarterly report on Form 10-QSB of Dragon Pharmaceutical Inc.; |
|----|-------------------------------------------------------------------------------------|

2.            Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3.            Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

4.            The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a)            Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

|   | b) | Omitted |
|--------|----|---------|

c)            Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d)            Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonable likely to materially affect, the registrant's internal control over financial reporting; and 

5.            The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):

a)            All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the 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 who have a significant role in the registrant's internal controls over financial reporting.

 

Date: :  November 13, 2006

|   | /s/ Garry Wong   |
|--------|----------------------------|

Garry Wong,

Chief Financial Officer
ACL/AoD Developmental Disabilities Councils (SCDD) Awards for the States/Territories

FY 2021 Final Allocation (After the Reallotment Process)

9/9/2021

State/Territory

Developmental 

Disabilities 

Councils (SCDD)

Alabama $1,317,180

Alaska $539,580

Arizona $1,535,342

Arkansas $786,508

California $7,944,317

Colorado $1,128,384

Connecticut $728,694

Delaware $539,580

District of Columbia $539,580

Florida $4,308,278

Georgia $2,194,250

Hawaii $539,580

Idaho $539,580

Illinois $2,702,330

Indiana $1,522,432

Iowa $791,800

Kansas $628,580

Kentucky $1,222,480

Louisiana $1,412,761

Maine $539,580

Maryland $1,209,630

Massachusetts $1,458,772

Michigan $2,588,862

Minnesota $1,120,136

Mississippi $945,089

Missouri $1,392,232

Montana $539,580

Nebraska $539,580

Nevada $617,569

New Hampshire $539,580

New Jersey $1,800,439

New Mexico $542,504

New York $4,228,227

North Carolina $2,155,004

North Dakota $539,580

Ohio $2,911,524

Oklahoma $917,676

Oregon $843,272

Pennsylvania $3,095,416

Rhode Island $539,580

South Carolina $1,170,280

South Dakota $539,580

Tennessee $1,505,027

Texas $5,790,522

Utah $647,108

Vermont $539,580

Virginia $1,692,566

Washington $1,537,486

West Virginia $756,172

Wisconsin $1,335,210

Wyoming $539,580

American Samoa $280,998

Guam $280,998

Northern Mariana Islands $280,998

Puerto Rico $752,079

Virgin Islands $274,744

TOTAL $77,907,996
<PAGE>
 
                                   EXHIBIT 11
 
                             AMSOUTH BANCORPORATION
 
          STATEMENT REGARDING COMPUTATION OF EARNINGS PER COMMON SHARE
 
<TABLE>
<CAPTION>
                                            NINE MONTHS        THREE MONTHS
                                        ENDED SEPTEMBER 30  ENDED SEPTEMBER 30
                                        ------------------- -------------------
                                          1995      1994      1995      1994
                                        --------- --------- --------- ---------
                                         (IN THOUSANDS EXCEPT PER SHARE DATA)
<S>                                     <C>       <C>       <C>       <C>
Net income............................. $ 127,063 $ 125,935 $  46,095 $  44,061
                                        ========= ========= ========= =========
Average shares of common stock out-
 standing..............................    58,273    56,021    58,418    58,894
                                        ========= ========= ========= =========
Earnings per common share.............. $    2.18 $    2.25 $    0.79 $    0.75
                                        ========= ========= ========= =========
</TABLE>
§ 151.19 International Oil Pollution Prevention (IOPP) Certificates. ( a ) Each U.S. oil tanker of 150 gross tons and above and each other U.S. ship of 400 gross tons and above; that engages in voyages to ports or off-shore terminals under the jurisdiction of other parties to MARPOL 73/78 must have on board a valid International Oil Pollution Prevention (IOPP) Certificate.
( b ) Each oil tanker of 150 gross tons and above and each other ship of 400 gross tons and above, operated under the authority of a country other than the United States that is party to MARPOL 73/78, must have on board a valid IOPP Certificate.
( c ) An IOPP Certificate is issued by a COTP, OCMI, or a classification society authorized under 46 CFR part 8, after a satisfactory survey in accordance with the provisions of § 151.17.
( d ) The Supplement to the IOPP Certificate is a part of the IOPP Certificate and must remain attached to that Certificate. If the Supplement to the Certificate is changed, a new IOPP Certificate will be required.
( e ) The IOPP Certificate for each inspected or uninspected ship is valid for a maximum period of 5 years from the date of issue, except as follows: ( 1 ) A Certificate ceases to be valid if significant alterations have taken place in the construction, equipment, fittings, or arrangements required by the pollution prevention requirements of parts 155 or 157 of this chapter without the approval of the COTP or the OCMI.
( 2 ) A Certificate ceases to be valid if intermediate surveys as required by § 151.17 of this part are not carried out.
( 3 ) A Certificate issued to a ship ceases to be valid upon transfer of the ship to the flag of another country.
(Approved by the Office of Management and Budget under control number 1625-0041) [CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 95-010, 62 FR 67531, Dec. 24, 1997; USCG-1998-3799, 63 FR 35530, June 30, 1998; USCG-2000-7223, 65 FR 40057, June 29, 2000; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-2006-25150, 71 FR 39209, July 12, 2006]
Nashua District Court

No. 7425

#### State of New Hampshire v. Alfred Jarret

September 30, 1976

*David H. Souter,*attorney general, and *Richard B. McNamara,*attorney *(Mr. McNamara*orally), for the State.

*New Hampshire Legal Assistance, Public Defender Service, James E. Duggan,*by brief and orally, for the defendant.

Per curiam.

Defendant had been charged with violation of RSA 318:B-26 I (b) (2) (Supp. 1975) *i.e.,*possession of controlled drug. After hearing, his motion to suppress was denied and the question raised by defendant’s exception was transferred by *Harkaway,*J.

The defendant, who was sitting on the grass off Lowell Road in Hudson, attempting to hitchhike a ride, was approached by a police officer. The court found that the defendant appeared unwell and that the officer made certain inquiries of him, including his name, to which the defendant replied “Fred.” When the defendant was unable to produce requested identification, the court found that the officer took him into custody to find out who he was, where he lived and what was wrong with him. The court also found that while the defendant was being transported to the police station, the officer observed him take something from his pocket and place it behind the cushions of the rear seat. Upon arrival at the station, a search was made behind the seat and amphetamine pills were found. These pills were the subject of the motion to suppress.

We find nothing illegal about the police searching their own cruiser for something which the defendant had abandoned there. *Hester v. United States,*265 U.S. 57 (1924); *Abel v. United States,*362 *591U.S. 217 (1960). The motion to suppress was therefore properly denied.

*Exception overruled.*
§ 107.225 Appeals. ( a ) Upon written notification by the Coast Guard that an application has been denied, the applicant may request the Seventh Coast Guard District Commander to reconsider. The request to reconsider must be in writing, must be made within five (5) business days from the date of receipt of the initial denial, and must contain complete supporting documentation and evidence which the applicant wishes to have considered. Requests for reconsideration must be mailed to Commander, Seventh Coast Guard District (d), 909 SE First Avenue, Miami, FL 33131.
( b ) Upon receipt of the request to reconsider, the Seventh Coast Guard District Commander may direct a representative to gather and submit documentation or other evidence, which, in the judgment of the Seventh District Commander, would be necessary or helpful to a resolution of the request. If gathered and submitted, a copy of this documentation and evidence shall be made available to the applicant. The applicant shall be afforded five (5) business days from the date of receipt of documentation and evidence gathered by the Seventh Coast Guard District Commander's representative to submit rebuttal materials. On or before the fifteenth (15th) calendar day following submission of all materials, the Seventh Coast Guard District Commander shall issue a ruling, in writing, on the request to reconsider. The ruling may reverse the initial denial, or, if the denial is upheld, must contain the specific basis for denial of the application upon reconsideration.
( c ) The Seventh Coast Guard District Commander's denial of a request for reconsideration taken under paragraph (b) of this section constitutes final agency action.
## IN THE COU RT O F CR IM IN AL AP PE ALS OF TE XAS
N O . A P - 76, 197

EX PA R TE A N SO N V ER N O N M O O R E, I I , A ppl i c ant

ON AP P LI CAT I ON F OR A W RI T OF HABE AS CORP US CAUS E N O. CR- 1 7 9 1 0 I N T HE 3 5 TH DI S TR I CT COURT

FROM BROW N CO UNTY

P er cur i am . O P I N I O N Pursuant to the provisions of Article 11.07 of the Texas Code of Crim i n al P ro ce dure, the cler k of the trial court transmitted to this Court this application for writ of habe as cor

pus. Ex pa rte Y oung , 41 8 S.W. 2d 82 4, 82 6 (T e x. Cr im. Ap p. 19 67 ). Ap pli c ant wa s c on vic te d of dr iving whi le int oxic a te d

a nd se nte nc e d to fi ft

y (5 0) y e ars ’ i mpr isonm e nt. Th e El e ve nth Cou rt of Ap pe a ls aff irmed his conviction. Mo or e v . S tat e , N o. 11 -0 5- 00 39 3- CR, (T e x. Ap p. – E a st lan d, 20 08 , p e t. dism’d) (not desig nated f or publication). Ap pli c ant c on te nd s th a t his a pp e llate c ouns e l f

a ile d to tim e ly

no tif y App li cant that his conviction had be en af

firmed a nd failed to a dvise him of his rig ht to petition f or discre tionary

revie w2

pro se. The trial c ourt has ente red f indings of f

act a nd conclusions of lawrec ommending the re lief be g rante d. We ag ree . We find that Applicant has be en depr ived of his rig ht to petition for dis c re tio na

ry a pp e a l pro se. Ex parte Riley , 193 S.W. 3d 90 0 ( Te x. Cr im. Ap p. 20 06 ). Ap pli c a nt i s there fore entitled to the opportu n i t y t o file an out-of -time petition for discre tionary revie w of the j u d g m e n to f

t h e E l e v e n t h C o u rto f

A p p e a l s i n

C a u s e N o . 1 1

- 0 5
- 0 0 3 9 3

- C R t h a ta f f i r m e d his conviction in Case No. CR-17910 from the 35th J udicial District Court of Br ownCounty . Applicant shall file his petition for discre tionary revie w with the EleventhCourt of Appeals within 30 day s of the date on

wh ic h th is C ourt ’s mand a te iss ue s.

Deliver ed: Aug ust 19, 2009 Do no t pu bli sh
Form of Specimen Stock Certificate



 Exhibit 4.1 

 
 



 
 NUMBER FB five BELoW 

ORGANIZED UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA 

COMMON STOCK 
 SHARES CUSIP 33829M 10 1 
 SEE REVERSE FOR CERTAIN
DEFINITION 
 THIS CERTIFIES that 
 SPECIMEN is the owner of FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK, PAR VALUE $.01 PER SHARE OF FIVE BELOW, INC. transferable only on the books of the Corporation by the
holder hereofin person or by Attorney upon surrender of this Certificate properly endorsed. This Certificate isnot valid until countersigned by the Transfer Agent and registered by the Registrar. IN WITNESS WHEREOF, the said Corporation has caused
this Certificate to be signed by the facsimile signatures of its duly authorized officers and its seal to be hereunto affixed. 
 SEAL 2002 DATED: 







 The following abbreviations, when used in the inscription on the face of this certificate,
shall be construed as though they were written out in full according to applicable laws or regulations: 
  

											
	    TEN COM	  	- as tenants in common	  	UNIF GIFT MIN ACT-	  	 	 	Custodian	  	 
	    TEN ENT	  	- as tenants by the entireties	  		  	(Cust)	 		  	(Minor)
	    JT TEN	  	- as joint tenants with right of	  		  	under Uniform Gifts to Minors
		  	 survivorship and not as tenants in common
	  	Act	 	 
		  		  		  		 	(State)	  	

 Additional abbreviations may also be used though not in the above list. 

For Value Received,
                                         
        hereby sell, assign and transfer unto 
  

					
	 PLEASE INSERT SOCIAL SECURITY OR OTHER

IDENTIFYING NUMBER OF ASSIGNEE
	  		  	
	 		
	 	  	 	  	 

  
  

(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE) 

 
  
                                  
                                         
                                         
                                         
                                        
Shares of
the Common Stock represented by the within Certificate, and do hereby irrevocably constitute and appoint           
                          
                                         
                                        Attorney
to transfer the said Shares on the books of the within named Corporation with full power of substitution in the premises. 
  

					
	Dated:	  	 	  	
			
		  	X	  	 
			
		  	X	  	 
		  	 NOTICE:

 
	  	THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN UPON THE FACE OF THIS CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY
CHANGE WHATEVER.

  

			
	Signature(s) Guaranteed
		
	BY:	 	 
		 	THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED
SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.