alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-60926

Summary Calendar

 

NGOY DESIRE BANZE; SARAH KABUTU; 

KABULO OLOVIER BANZE,

Petitioners,

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

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

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A29-916-157

 BIA No. A29-916-158

 BIA No. A29-916-159

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

December 13, 2000

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Ngoy Desire Banze, Sarah Kabutu, and Kabulo Olovier Banze,

petition for review of the Board of Immigration Appeals (BIA)

denial of an asylum and withholding of deportatation application.

As the application was filed prior to the effective date of the

1996 amendments to the Immigration and Nationality Act, the preamendment law governs. 
No. 99-60926

-2-

 The Attorney General may grant an asylum request to an alien

who demonstrates past “persecution or a well-founded fear of

persecution on account of race, religion, nationality, membership

in a particular social group, or political opinion . . . .” 

8 U.S.C. §§ 1158(b), 1101(a)(42)(A). As the BIA conducted a de

novo review, we review only the decision of the BIA. See CarbajalGonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996). The BIA’s

deportation order will be sustained if “‘supported by reasonable,

substantial, and probative evidence on the record considered as a

whole’”. INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992) (quoting

8 U.S.C. § 1105a(a)(4)). Under this standard, the evidence must

not merely support the asylum claim; it must “compel[] it”. Id. at

481 n.1.

 The evidence does not compel the conclusion that Banze was

persecuted in the past for political opinion or that he has a wellfounded fear of future persecution. The BIA’s determination that

Banze’s testimony was not sufficiently detailed with respect to

Banze’s activities in the Union for Democracy and Social Progress

(UDPS), or with respect to his second arrest is not an unreasonable

view of the record. See Chun v. INS, 40 F.3d 76, 78-79 (5th Cir.

1994). Although Banze may have been arrested, and although UDPS

members have been targeted and harassed by forces aligned with the

Zairean government, Banze has not demonstrated that his arrests

were actually motivated by his UDPS membership or that he has a

reasonable fear of persecution upon returning to Zaire. As Banze

has not met the burden for asylum, he cannot meet the more

stringent burden for withholding of deportation. See Adebisi v.
No. 99-60926

-3-

INS, 952 F. 2d 910, 914 (5th Cir. 1992). We DENY the petition for

review.

DENIED.
§ 5.32 Offers of member-owned vessels, aircraft, radio stations, motorized vehicles, trailers, and other equipment for use as a facility. ( a ) Members of the Auxiliary wishing to offer vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment for use as a facility must follow the procedures set forth in the Auxiliary Operations Policy Manual referenced in § 5.9.
( b ) Upon acceptance of the vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment as a facility, the Coast Guard will issue to the member the appropriate numbers and decals identifying the facility as a Coast Guard Auxiliary facility.
( c ) In an emergency, vessels, aircraft, radio stations, motorized vehicles, trailers, or other equipment may be accepted by the Coast Guard without an inventory or the use of the prescribed forms.
§ 401.41 Tandem lockage. Where two or more vessels are being locked together, vessels astern of the leading vessel shall: ( a ) Come to a full stop a sufficient distance from the preceding vessel to avoid a collision; and
( b ) Be moved into mooring position as directed by the officer in charge of the lock.
* 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. United States Court of Appeals Fifth Circuit 

## FILED October 27, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40148

KEVIN NIXON; BRANDON ANCELET Plaintiffs - Appellants

v. BURYL WHEATLEY; PD GEORGE COMPANY Defendants - Appellees

-------------------- Appeal from the United States District Court for the Eastern District of Texas, Beaumont

No. 1:05-CV-51

-------------------- Before KING, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * “A party must reserve its right to appeal prejudgment rulings in the offer of judgment, otherwise no appeals from judgment will be allowed.” Ramming v. Natural Gas Pipeline Co. of Am. , 390 F.3d 366, 370 (5th Cir. 2004) (emphasis in original). Plaintiffs’ failure to do so here extinguished their right to appeal, and their subsequent statement purporting to reserve this right could not resurrect it.2

The Motion to Dismiss the Case is GRANTED. Appeal DISMISSED. Costs shall be borne by plaintiffs.
#### § 52.41 Assistance.

The Board may request such advice, opinion, assistance, or use of the facilities of any other bureau, board, or office of the Department of Transportation as the Board deems necessary.
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


The undersigned officer of Acme United Corporation (the "Company") hereby
certifies to my knowledge that the Company's quarterly report on Form 10-Q for
the quarterly period ended June 30, 2007 (the "Report"), as filed with the
Securities and Exchange Commission on the date hereof, fully complies with the
requirements of section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended, and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company. This certification is provided solely
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and shall not be deemed to be a part of the Report
or "filed" for any purpose whatsoever.


By          /s/ WALTER C. JOHNSEN
         ------------------------------
                Walter C. Johnsen
           Chairman of the Board and
             Chief Executive Officer

Dated:  August 7, 2007




A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Acme United Corporation and will
be retained by Acme United Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-80144-CR-SMITH/MAYNARD(s)(s)

UNITED STATES OF AMERICA,

Plaintiff,

vs.

JOFF STENN WROY PHILOSSAINT,

Defendant.

___________________________________/

DEFENDANT PHILOSSAINT’S PROPOSED VOIR DIRE

The defendant, Joff Stenn Wroy Philossaint, through undersigned counsel, respectfully 

requests that the Court ask the following questions, in addition to its standard questions, during 

voir dire of the jury panel:

1. Are you, or is anyone close to you a naturalized citizen, born in another country?

2. Have you, or has anyone close to you ever lived in Haiti or had Haitian citizenship?

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing has been filed and electronically served on

counsel for all parties via CM/ECF on this 30hday of January, 2023.

Respectfully submitted,

LAW OFFICES OF IAN GOLDSTEIN P.A.

Counsel for Defendant Philossaint

330 Clematis Street, Suite 209

West Palm Beach, FL 33401

Tel: (561) 600-0950

Email: ian@iangoldsteinlaw.com

/s/ Ian J. Goldstein

IAN J. GOLDSTEIN, ESQUIRE

Florida Bar No. 0085219

Case 9:22-cr-80144-RS Document 186 Entered on FLSD Docket 02/01/2023 Page 1 of 1
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.                  

###### Federal Communications Commission

          - 47 CFR Part 76 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Final rule; lifting of stay. 

# SUMMARY:

This document announces that the Commission's voluntarily-imposed stay of the cable horizontal ownership rules was lifted on May 19, 2000 and that the cable horizontal ownership rules became effective on May 19, 2000. 

# DATES:

The stay of 47 CFR 76.503(a) through (f) was lifted May 19, 2000. Parties not in compliance with the horizontal ownership rules on this date must come into compliance on or before November 15, 2000. 

# FOR FURTHER INFORMATION CONTACT:

                        Darryl Cooper at (202) 418-7200 or via Internet at                         *dacooper@fcc.gov*.                     

# SUPPLEMENTARY INFORMATION:

## Synopsis of Action

1. On its own motion, the Commission reconsidered the conditions under which it would lift the voluntarily-imposed stay of the horizontal ownership rules, 47 CFR 76.503. These rules were adopted and stayed in part on October 8, 1999 at 64 FR 67198 (Dec 1, 1999). 

                    2. Subsequently, the Commission ordered that its horizontal ownership rules be stayed until the U.S. Court of Appeals for the D.C Circuit issued a decision upholding the constitutionality of section 613(f)(1)(A) of the Communications Act of 1934, as amended, 47 U.S.C. 533(f)(1)(A). The Commission also ordered that parties not in compliance with the rules on the date the U.S. Court of Appeals for the D.C. Circuit issued such decision must come into compliance within 180 days of the court decision. This order was published in the                     **Federal Register**                     (65 FR 12135, March 8, 2000).                 

3. On May 19, 2000, the U.S. Court of Appeals for the D.C. Circuit issued its decision, upholding the constitutionality of section 613(f)(1)(A) of the Act, as amended 47 U.S.C. 533(f)(1)(A). 

Federal Communications Commission. 

William H. Johnson,

Deputy Bureau Chief, Cable Services Bureau. 

[FR Doc. 00-14538 Filed 6-7-00; 8:45 am] 

BILLING CODE 6712-01-U
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1016 

CA 14-00102 

PRESENT: CENTRA, J.P., FAHEY, WHALEN, AND DEJOSEPH, JJ. 

 

LENAPE RESOURCES, INC., 

PETITIONER-PLAINTIFF-APPELLANT, 

 

V MEMORANDUM AND ORDER

TOWN OF AVON, TOWN OF AVON TOWN BOARD AND 

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL 

CONSERVATION, RESPONDENTS-DEFENDANTS-RESPONDENTS. 

 

HODGSON RUSS LLP, BUFFALO (DANIEL A. SPITZER OF COUNSEL), FOR

PETITIONER-PLAINTIFF-APPELLANT. 

WEBSTER SZANYI LLP, BUFFALO (JEREMY A. COLBY OF COUNSEL), FOR

RESPONDENTS-DEFENDANTS-RESPONDENTS TOWN OF AVON AND TOWN OF AVON TOWN

BOARD.

 

Appeal from an order and judgment (one paper) of the Supreme

Court, Livingston County (Robert B. Wiggins, A.J.), entered March 20,

2013 in a CPLR article 78 proceeding and declaratory judgment action. 

The order and judgment, insofar as appealed from, granted the

converted motion of respondents-defendants Town of Avon and Town of

Avon Town Board for summary judgment and dismissed the

petition/complaint as against them. 

It is hereby ORDERED that said appeal is unanimously dismissed

without costs.

Memorandum: In this combined CPLR article 78

proceeding/declaratory judgment action, petitioner-plaintiff

(petitioner) challenged Town of Avon Local Law No. T-A-5-2012, insofar

as it imposed a one-year moratorium on certain natural gas and

petroleum extraction, exploration, and production activities within

the Town of Avon. Inasmuch as the moratorium has expired pursuant to

the terms of the local law, the appeal is moot and must be dismissed

(see Matter of New York Inst. of Tech. v Columbo, 138 AD2d 489, 489-

490). We reject petitioner’s contention that the issues raised on

appeal fall within the exception to the mootness doctrine (see

generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715). The

substantive issues raised by petitioner were decided by the Court of

Appeals in Matter of Wallach v Town of Dryden (23 NY3d 728), and thus

this appeal does not raise “significant or important questions not

previously passed on, i.e., substantial and novel issues,” that would

qualify as exceptions to the mootness doctrine (Hearst Corp., 50 NY2d 
-2- 1016 

CA 14-00102 

at 715; see People ex rel. Lynch v Poole, 57 AD3d 1490, 1491). 

Entered: October 3, 2014 Frances E. Cafarell

Clerk of the Court
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.

§ 165.1714 Safety Zone; Alaska Marine Highway System Port Valdez Ferry Terminal, Port Valdez; Valdez, AK. ( a ) *Location.* The following area is a safety zone: All navigable waters of Port Valdez extending 200 yards in all directions from the edges of the Alaska Marine Highway System Terminal dock located in Port Valdez at 61°07′26′′ N and 146°21′50′′ W.
( b ) *Enforcement period.* The rule will be enforced whenever there is an Alaska Marine Highway System Ferry vessel transiting within the area described in paragraph (a) of this section and there is a Commercial Salmon Fishery Opener that includes the navigable waters within the safety zone. Each enforcement period will be announced by a broadcast notice to mariners when the Commercial Salmon Fishery Opener is announced.
( c ) *Definitions.* The following definitions apply to this section: ( 1 ) The term “designated representative” means any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port, Prince William Sound, to act on his or her behalf.
( 2 ) The term “official patrol vessel” may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP, Prince William Sound.
( 3 ) The term “AMHS vessel” means any vessel owned or operated by the Alaska Marine Highway System, including, but not limited to: M/V AURORA, M/V CHENEGA, M/V COLUMBIA, M/V FAIRWEATHER, M/V KENNICOTT, M/V LECONTE, M/V LITUYA, M/V MALASPINA, M/V MATANUSKA, M/V TAKU and M/V TUSTUMENA.
( d ) *Regulations.* ( 1 ) The general regulations contained in 33 CFR 165.23, as well as the requirements in paragraphs (d)(2) through (5) of this section, apply.
( 2 ) No vessels, except for AMHS ferries and vessels owned or operated by AMHS will be allowed to transit the safety zone without the permission of the COTP Prince William Sound or the designated representative during periods of enforcement.
( 3 ) All persons and vessels shall comply with the instructions of the COTP or the designated representative. Upon being hailed by a U.S. Coast Guard vessel or other official patrol vessel by siren, radio, flashing light or other means, the operator of the hailed vessel shall proceed as directed.
( 4 ) Vessel operators desiring to enter or operate within the regulated area may contact the COTP or the designated representative via VHF channel 16 or 907-835-7205 (Prince William Sound Vessel Traffic Service) to request permission to do so.
( 5 ) The COTP, Prince William Sound may be aided by other Federal, state, borough, and local law enforcement officials in the enforcement of this regulation. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
[USCG-2018-0578, 83 FR 32209, July 12, 2018; 83 FR 34042, July 19, 2018]
# PHWF reporting
#### § 80.1315 Coquille River, OR.

A line drawn across the seaward extremities of the Coquille River Entrance Jetties.

[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
Exhibit
32.2





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








The
undersigned officer of Acme United Corporation (the “Company”) hereby certifies
to my knowledge that the Company’s quarterly report on Form 10-Q for the
quarterly period ended June 30, 2010 (the “Report”), as filed with the
Securities and Exchange Commission on the date hereof, fully complies with the
requirements of section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended, and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.  This certification is provided
solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, and shall not be deemed a part of the Report or
“filed” for any purpose whatsoever.





By
                        /s/  Paul
      G. DriscollPaul G.
      DriscollVice
      President andChief
      Financial Officer


Dated:  August
12, 2010











A signed
original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Acme United Corporation and
will be retained by Acme United Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
Editorial Note on Part 157
Editorial Note: Nomenclature changes to part 157 appear by USCG-2008-0179, 73 FR 35015, June 19, 2008.

§ 157.04 Authorization of classification societies. ( a ) The Coast Guard may authorize any classification society (CS) to perform certain plan reviews, certifications, and inspections required by this part on vessels classed by that CS, except that only U.S. classification societies may be authorized to perform those plan reviews, inspections, and certifications for U.S. vessels.
( b ) If a CS desires authorization to perform the plan reviews, certifications, and inspections required under this part, it must submit to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501, evidence from the governments concerned showing that they have authorized the CS to inspect and certify vessels on their behalf under the MARPOL 73/78.
( c ) The Coast Guard notifies the CS in writing whether or not it is accepted as an authorized CS. If authorization is refused, reasons for the refusal are included.
( d ) Acceptance as an authorized CS terminates unless the following are met: ( 1 ) The authorized CS must have each Coast Guard regulation that is applicable to foreign vessels on the navigable waters of the United States.
( 2 ) Each issue concerning equivalents to the regulations in this part must be referred to the Coast Guard for determination.
( 3 ) Copies of any plans, calculations, records of inspections, or other documents relating to any plan review, inspection, or certification performed to meet this part must be made available to the Coast Guard.
( 4 ) Each document certified under §§ 157.116(a)(2), 157.118(b)(1)(ii), and 157.216(b)(1)(ii) must be marked with the name or seal of the authorized CS.
( 5 ) A copy of the final documentation that is issued to each vessel that is certified under this part must be referred to the Commandant (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501.
(Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036) [CGD 82-28, 50 FR 11625, 11630, Mar. 22, 1985, as amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001; USCG-2006-25150, 71 FR 39210, July 12, 2006; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR 38438, July 7, 2014]
# Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as Amended: Continuation of Waiver Authority for Belarus

# Memorandum for the Secretary of State

Pursuant to the authority vested in me under the Trade Act of 1974, as amended, Public Law 93-618, 88 Stat. 1978 (the “Act”), I have determined, pursuant to subsection 402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the further extension of the waiver authority granted by subsection 402(c) of the Act will substantially promote the objectives of section 402 of the Act. I further determine that continuation of the waiver applicable to the Republic of Belarus will substantially promote the objectives of section 402 of the Act.

                    You are authorized and directed to publish this determination in the                     **Federal Register**                    .                

[FR Doc. 00-14621

Billing code 4710-10-M
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 22-0403

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

WILLIAM HOMER MCCLELLAN,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable John W. Larson, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

August 21 2024

08/21/2024

Case Number: DA 22-0403