alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-20627 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN HUGO RODRIGUEZ-TORRES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CR-98-1

-------------------- April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM: * Juan Hugo Rodriguez-Torres appeals his sentence following his guilty-plea conviction for illegally reentering the United States after having been deported, in violation of 8 U.S.C. § 1326(a) and (b)(2). Rodriguez argues that a prior felony conviction is an element of the offense rather than a sentencing factor and that it must be alleged in the indictment. Rodriguez acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issue for possible Supreme Court review in light of ApprendiNo. 00-20627 -2- v. New Jersey , 120 S. Ct. 2348 (2000). Although the Supreme Court in Apprendi questioned its decision in Almendarez-Torres , it did not overrule the case. See Apprendi , 120 S.Ct. at 2361-62 & n.15; see also United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S. Ct. 1214 (2001). Rodriguez’s argument, therefore, is foreclosed. Rodriguez additionally maintains that if Almendarez-Torres remains good law after Apprendi , his sentence still must be vacated because the indictment failed to allege that his prior conviction occurred before his last deportation, as opposed to occurring prior to being found in the United States. This argument also is foreclosed by Almendarez-Torres , as the Supreme Court concluded that 18 U.S.C. § 1326(b)(2), which includes the timing requirement of the aggravated felony, sets forth a sentencing factor and not a separate criminal offense. Almendarez-Torres , 523 U.S. at 235. Rodriguez has failed to demonstrate error, plain or otherwise, in the indictment. See United States v. Meshak , 225 F.3d 556, 575 (5th Cir. 2000) (applying plain-error review to sentencing challenge raised for the first time on appeal), cert. denied , 121 S. Ct. 834 (2001). For the foregoing reasons, the judgment of the district court is AFFIRMED.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, August 12, 2020.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, August 12, 2020

The Court of Appeals hereby passes the following order

A21I0003. UTILICOM SUPPLY ASSOCIATES, LLC v. TERRA TECH, INC. .

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of 

this order. The Clerk of Superior Court is directed to include a copy of this order in the record 

transmitted to the Court of Appeals.

LC NUMBERS:

19CV0993
Editorial Note on Part 165
Editorial Note: Nomenclature changes to part 165 appear by USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007 and by USCG-2018-1049, 84 FR 7813, Mar. 5, 2019.

§ 165.1190 Security Zone; San Francisco Bay, Oakland Estuary, Alameda, CA. ( a ) *Locations.* The following areas are security zones: ( 1 ) *Coast Guard Island.* All waters of the Oakland Estuary, from surface to bottom, encompassed by a line connecting the following points beginning at 37°46′42.5′′ N, 122°14′51.4′′ W; thence to 37°46′46.6′′ N, 122°14′59.7′′ W; thence to 37°46′51.8′′ N, 122°15′7.4′′ W; thence to 37°46′56.3′′ N, 122°15′12.1′′ W; thence to 37°47′2.2′′ N, 122°15′16.4′′ W; thence to 37°47′8′′ N, 122°15′16.6′′ W; thence to 37°47′10′′ N, 122°15′12.8′′ W; thence to 37°47′10.1′′ N, 122°15′5.7′′ W; thence to 37°47′7.8′′ N, 122°15′0.1′′ W; thence to 37°47′5.2′′ N, 122°14′53.7′′ W; thence to 37°47′2.1′′ N, 122°14′49.5′′ W; thence to 37°46′58.9′′ N, 122°14′46.2′′ W; thence to 37°46′57.1′′ N, 122°14′44.6′′ W; thence to 37°46′52.9′′ N, 122°14′42.6′′ W; thence to 37°46′50.2′′ N, 122°14′42.9′′ W; thence to 37°46′47.9′′ N, 122°14′43.6′′ W; thence to 37°46′42.3′′ N, 122°14′44.1′′ W; and back to the beginning point. These coordinates are based on North American Datum (NAD) 83.
( 2 ) *Coast Guard Island Causeway.* All waters of the Oakland Estuary, from surface to bottom, 50 yards on either side of a line beginning at 37°46′48.1′′ N, 122°14′45.8′′ W; thence to 37°46′46.1′′ N, 122°14′41.5′′ W; thence to 37°46′45.4′′ N, 122°14′36.6′′ W. These coordinates are based on NAD 83.
( b ) *Regulations.* ( 1 ) Under the general security zone regulations in subpart D of this part, you may not enter the security zone described in paragraph (a)(1) of this section unless authorized by the Captain of the Port (COTP). The security zone described in paragraph (a)(1) of this section is closed to all vessel traffic, except as may be permitted by the COTP. To seek permission to enter the security zone in paragraph (a)(1) of this section, contact the COTP by VHF Marine Radio channel 16 or through the 24-hour Command Center at telephone (415) 399-3547. Those in the security zone must comply with all lawful orders or directions given to them by the COTP.
( 2 ) Under the general security zone regulations in subpart D of this part, you may not loiter in the security zone described in paragraph (a)(2) of this section unless authorized by the COTP. Vessels must make a direct passage through the security zone described in paragraph (a)(2) of this section.
( c ) *Enforcement.* The Captain of the Port will enforce this security zone and may be assisted in the patrol and enforcement of this security zone by any Federal, State, county, municipal, or private agency.
[Doc. No. USCG-2023-0114, 88 FR 20776, Apr. 7, 2023]
#### § 167.151 Off New York: Precautionary areas.

(a) A circular precautionary area with a radius of 7 miles is established centered upon 40°27.50′ N, 73°49.90′ W.

(b) A precautionary area is established between the traffic separation scheme “Eastern Approach, off Nantucket” and the traffic separation scheme “In the Approach to Boston, Massachusetts.”

(1) The precautionary area is bounded to the east by a circle of radius 15.5 miles, centered upon geographical position 40°35.00′ N, 69°00.00′ W, and is intersected by the traffic separation schemes “In the Approach to Boston, Massachusetts” and “Off New York” at the following geographic positions:

| Latitude | Longitude |
| --- | --- |
| 40°50.33′ N | 68°57.00′ W |
| 40°23.75′ N | 69°14.63′ W |

(2) The precautionary area is bounded to the west by a line connecting the two traffic separation schemes between the following geographical positions:

| Latitude | Longitude |
| --- | --- |
| 40°36.75′ N | 68°15.16′ W |
| 40°48.00′ N | 69°03.33′ W |

[CGD 84-004, 52 FR 33589, Sept. 4, 1987, as amended by USCG-2010-0351, 75 FR 36287, June 25, 2010]
### SERVED: January 29, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF

**H~ARINGS**

WASHINGTON, DC IN THE MATTER OF FEDERALEXPRESS CORPORTION FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2014-0864 UNCONTESTED ORDER GRANTING MOTION TO EXTEND TIME •.

**~:** '. '

FORANSWER TO COMPLAINANT'S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE OF DEPOSITION The Court, having reviewed Respondent's Motion To Extend Time for Answerto Complainant's First SetofRequests for Admission, Interrogatories, Request for Production of Documents andNotice ofDeposition, and being otherwise fully advised on the premises; IT BEAND IS HEREBY ORDEREDthatthe Motion is granted. Federal Express Corporation is granted additional time withinwhichto respond to the Complaint and shall file its Answerto Complainant's First Set ofRequests for Admission, Interrogatories, Request for Production of Documents and Notice ofDeposition on or before February 2, 2015.

Richard C. Goodwin U.S. Administrative LawJudge Attachment- Service ListSERVICE LIST -BYU.S. MAIL ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1



### Greg Stofko, Respondent's Counsel 

### 1700 Pennsylvania Ave., N.W. Suite 950 Washington, D.C. 20006 TEL: 202-393-9285 FAX: 202-628-0654 EMAIL: greg.stofko@fedex.com James Archier, Complainant's Counsel 

### Federal Aviation Administration Office ofthe Regional Counsel 2601 Meacham Boulevard Fort Worth, TX 76137 TEL: 817-222-5074 FAX: 817-222-5945/5092 ONE COPY



### The Honorable Richard C. Goodwin,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0864 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
#### § 142.1 Purpose.

This part is intended to promote workplace safety and health by establishing requirements relating to personnel, workplace activities and conditions, and equipment on the Outer Continental Shelf (OCS).
[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Rules and Regulations]
[Page 34990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13705]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 00-1063; MM Docket No. 99-334; RM-9772]


Radio Broadcasting Services; Carney, MI

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document allots Channel 260A to Carney, Michigan, in 
response to a petition filed by Escanaba License Corp. See 64 FR 68664, 
December 8, 1999. The coordinates for Channel 260A at Carney are 45-35-
30 NL and 87-39-37 WL. There is a site restriction 7.8 kilometers (4.9 
miles) west of the community. Canadian concurrence has been received 
for the allotment of Channel 260A at Carney. With this action, this 
docketed proceeding is terminated. A filing window for Channel 260A at 
Carney will not be opened at this time. Instead, the issue of opening a 
filing window for this channel will be addressed by the Commission in a 
subsequent order.

DATES: Effective June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MM Docket No. 99-334, adopted May 3, 2000, and released May 
12, 2000. The full text of this Commission decision is available for 
inspection and copying during normal business hours in the Commission's 
Reference Center, 445 12th Street, SW, Washington, DC. The complete 
text of this decision may also be purchased from the Commission's copy 
contractors, International Transcription Services, Inc., 1231 20th 
Street, NW., Washington, DC. 20036, (202) 857-3800, facsimile (202) 
857-3805.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.
    Part 73 of title 47 of the Code of Federal Regulations is amended 
as follows:

47 CFR PART 73--[AMENDED]

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Michigan, is 
amended by adding Carney, Channel 260A.


Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 00-13705 Filed 5-31-00; 8:45 am]
BILLING CODE 6712-01-U
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.                  

###### Overseas Private Investment Corporation

# TIME AND DATE:

Tuesday, June 13, 2000, 1:00 pm (Open Portion) 1:30 pm (Closed Portion).

# PLACE:

Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue, N.W., Washington, D.C.

# STATUS:

Meeting open to the Public from 1:00 pm to 1:30 pm. Closed portion will commence at 1:30 pm (approx.).

# MATTERS TO BE CONSIDERED:

 

1. President's Report.

2. Appointment—Joan Logue-Kinder.

3. Approval of March 21, 2000 Minutes (Open Portion).

# FURTHER MATTERS TO BE CONSIDERED:

                        (Closed to the Public 1:30 pm).                              ( print page 35666)    

1. Finance Project in Southeast Europe.

2. Insurance Project in Bulgaria.

3. Finance Project in Equatorial Guinea.

4. Finance Project in Turkey.

5. Insurance Project in Brazil.

6. Approval of March 21, 2000 Minutes (Closed Portion).

7. Pending Major Projects.

8. Reports.

# CONTACT PERSON FOR INFORMATION:

Information on the meeting may be obtained from Connie M. Downs at (202) 336-8438.

Dated: May 31, 2000.

Connie M. Downs,

OPIC Corporate Secretary.

[FR Doc. 00-14093 Filed 6-1-00; 10:33 am]

BILLING CODE 3210-01-M
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

          - [Docket No. ER00-2559-000]

      ( print page 35912)    
Take notice that on May 22, 2000, Duke Energy Corporation (Duke), tendered for filing a Service Agreement with Public Service Company of Colorado for Non-Transmission Service under Duke's Open Access Transmission Tariff.

Duke requests that the proposed Service Agreement be permitted to become effective on May 12, 2000.

Duke states that this filing is in accordance with Part 35 of the Commission's Regulations and a copy has been served on the North Carolina Utilities Commission.

Any person desiring to be heard or to protest such filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). All such motions and protests should be filed on or before June 12, 2000. Protests will be considered by the Commission to determine the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. This filing may also be viewed on the Internet at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance).

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00-14138  Filed 6-5-00; 8:45 am]

BILLING CODE 6717-01-M
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0000064500
<NAME>                        SKLAR CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                               MAR-31-1997
<PERIOD-END>                                    MAR-31-1997
<CASH>                                               7,506
<SECURITIES>                                             0
<RECEIVABLES>                                    2,573,449
<ALLOWANCES>                                       105,914
<INVENTORY>                                      4,128,912
<CURRENT-ASSETS>                                 6,842,264
<PP&E>                                           1,106,483
<DEPRECIATION>                                     552,098
<TOTAL-ASSETS>                                   9,585,845
<CURRENT-LIABILITIES>                            6,194,689
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                            248
<COMMON>                                           123,771
<OTHER-SE>                                       2,065,309
<TOTAL-LIABILITY-AND-EQUITY>                     9,585,845
<SALES>                                         14,325,963
<TOTAL-REVENUES>                                14,325,963
<CGS>                                            8,162,770
<TOTAL-COSTS>                                   13,712,646
<OTHER-EXPENSES>                                     5,748
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                 395,331
<INCOME-PRETAX>                                    212,239
<INCOME-TAX>                                        32,200
<INCOME-CONTINUING>                                180,039
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       130,273
<EPS-PRIMARY>                                         0.11
<EPS-DILUTED>                                         0.11
        

</TABLE>
§ 160.5 Delegations. ( a ) District Commanders and Captains of the Ports are delegated the authority to establish safety zones.
( b ) Under the provisions of §§ 6.04-1 and 6.04-6 of this chapter, District Commanders and Captains of the Ports have been delegated authority to establish security zones.
( c ) Under the provisions of § 1.05-1 of this chapter, District Commanders have been delegated authority to establish regulated navigation areas.
( d ) Subject to the supervision of the cognizant Captain of the Port and District Commander, Directors, Vessel Traffic Services are delegated authority under 33 CFR 1.01-30 to discharge the duties of the Captain of the Port that involve directing the operation, movement, and anchorage of vessels within a Vessel Traffic Service area including management of vessel traffic within anchorages, regulated navigation areas and safety zones, and to enforce Vessel Traffic Service and ports and waterways safety regulations. This authority may be exercised by Vessel Traffic Center personnel. The Vessel Traffic Center may, within the Vessel Traffic Service area, provide information, make recommendations, or, to a vessel required under part 161 of this chapter to participate in a Vessel Traffic Service, issue an order, including an order to operate or anchor as directed; require the vessel to comply with orders issued; specify times of entry, movement or departure; restrict operations as necessary for safe operation under the circumstances; or take other action necessary for control of the vessel and the safety of the port or of the marine environment.
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD 88-037, 53 FR 21815, June 10, 1988; CGD 90-020, 59 FR 36324, July 15, 1994; USCG-2010-0351, 75 FR 36287, June 25, 2010]
**Exhibit 31(g)2**

**SOUTHERN POWER COMPANY**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
 

I, Michael W. Southern, certify that:

1.

I have reviewed this quarterly report on Form 10-Q of Southern Power Company;

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 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 report is being prepared;

 
(b)

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

 
(c)

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 (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably 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 the 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 control 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 control over financial reporting.

Date:  May 4, 2006

/s/Michael W. Southern

Michael W. Southern

Senior Vice President and Chief Financial Officer