alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 260.28 Issuance of an inspection report in lieu of an inspection certificate.

A letter report in lieu of an inspection certificate may be issued by an inspector when such action appears to be more suitable than an inspection certificate: *Provided,* That, the issuance of such report is approved by the Secretary.
#### EPHRAIM D. BROWN, as President, etc., Respondent, *v.*AARON KAHN, as Administrator, etc., and others, Appellants.

*Costs of a motion,*— 'payment *thereof to a sheriff holding a precept against the party entitled thet'eto*— *is sufficient.*

Appeal from an order denying a motion to set aside an order of reference and an order reviving the action.

The motion was made principally upon the ground that the costs of the motion to revive the action had not been paid to the defendant, as required by the order made thereon, and that thereby all proceedings were stayed by virtue of section 779 of the Code of Civil Procedure.

The court at General Term said : “ The application to set aside the orders was predicated of the non-payment of the costs of the motion. The respondent answered this objection by a receipt showing the payment to the sheriff, on account of the defendant, of the sum of ten dollars.

“ This payment was made, it appears, from the brief of the appel • lant, upon a precept issued in an action between the same parties, and in favor of the respondent for the sum of ten dollars costs, awarded to,him on a motion.

“ The character of the process does not appear from the paper’s submitted and on which the motion was based ; but wo think that the appellant is bound by the admissions thus made in open court. The precept having been issued against the defendant, the payment of ten dollars on his behalf to the sheriff on that precept was in our judgment a payment justified by the provisions of section 293 of the Code. A precept is in effect an execution upon a judgment, because the costs having been awarded, and the statute allowing a precept to issue for their collection, the sheriff is justified in levying upon any property subject to execution under the rights acquired.”

*Henry L.*Williams, for the appellants. *Thomas J. McKee*and *M.*Compton, for the respondent.

*600Opinion

*Per Curium.*

Present — Brady, P. J., and Potter, J.

Order affirmed, with ten dollars costs and disbursements.
Document Headings

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                -                       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                    
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###### Department of Transportation

###### Saint Lawrence Seaway Development Corporation 

Pursuant to section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. I), notice is hereby given of a meeting of the Advisory Board of the Saint Lawrence Seaway Development Corporation (SLSDC), to be held from 1 p.m. to 2:30 p.m. on Monday, September 25, 2006, at the Corporation's Administration Headquarters, Room 5424, 400 Seventh Street, SW., Washington, DC, via conference call. The agenda for this meeting will be as follows: Opening Remarks; Consideration of Minutes of Past Meeting; Quarterly Report; Old and New Business; Closing Discussion; Adjournment. 

Attendance at the meeting is open to the interested public but limited to the space available. With the approval of the Acting Administrator, members of the public may present oral statements at the meeting. Persons wishing further information should contact, not later than September 20, 2006, Anita K. Blackman, Chief of Staff, Saint Lawrence Seaway Development Corporation, 400 Seventh Street, SW., Washington, DC 20590; 202-366-0091. 

Any member of the public may present a written statement to the Advisory Board at any time. 

Issued at Washington, DC, on August 28, 2006. 

Craig H. Middlebrook, 

Acting Administrator. 

[FR Doc. 06-7363 Filed 8-30-06; 8:45 am] 

BILLING CODE 4910-61-P
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#### §§ 216.48-216.49 [Reserved]
Case 16-27763 Doc 29 Filed 10/28/16 Entered 11/01/16 10:31:02 Desc Main

 Document Page 1 of 1
* 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. 97-30334

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FREDDIE WASHINGTON,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 96-CR-10016-2

- - - - - - - - - -

April 8, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:*

Freddie Washington appeals from his sentencing pursuant to a

guilty plea for food stamp fraud. He argues that the trial

court’s imposition of the instant sentence as consecutive to a

prior undischarged sentence is in opposition to Federal

Sentencing Guideline § 5G1.3(b).

A district court’s decision to order consecutive or

concurrent sentences is reviewed for abuse of discretion, but its

application of the sentencing guidelines is reviewed de novo. 

United States v. Richardson, 87 F.3d 706, 710 (5th Cir. 1996). 
No. 97-30334

-2-

We have reviewed the record, the parties briefs, and the district

court’s opinion and find that the imposition of a consecutive

sentence is in keeping with 18 U.S.C. § 3584(a)’s premise that

multiple terms of imprisonment imposed at different times run

consecutively, and the court took the factors listed in 18 U.S.C.

§ 3553(a) into consideration in constructing the sentence. See

Richardson, 87 F.3d at 710. Moreover, the prior conviction was

used in calculating the criminal history score, but was not used

to determine the base offense level and was not fully taken in to

account such that the exception of U.S.S.G. § 5G1.3(b) would

apply. See United States v. Hornsby, 88 F.3d at 336, 339 (5th

Cir. 1996). Therefore, the sentence as imposed is not a

misapplication of the guidelines and there was no abuse of

discretion under § 5G1.3(c). 

 AFFIRMED.
Order entered December 4, 2020 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-00605-CV 

IN RE JEROME JOHNSON, Relator 

Original Proceeding from the 291st Judicial District Court 

Dallas County, Texas 

Trial Court Cause No. F01-53637-JH 

ORDER 

Before Chief Justice Burns and Justices Osborne and Reichek 

Based on the Court’s opinion of this date, we DENY relator’s June 9, 2020 

petition for writ of mandamus regarding inaccuracies in the record. All pending 

motions are DENIED. 

/s/ AMANDA L. REICHEK 

 JUSTICE
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# EUR-Lex - 11992M/PRO/SEBC/14 - EN

Avis juridique important

*|*

# 11992M/PRO/SEBC/14

**Treaty on European Union - Protocol on the statute of the european system of central banks and of the European Central Bank - Chapter III: Organisation of the ESCB - Article 14: National central banks **

*
Official Journal C 191 , 29/07/1992 P. 0071 *

Article 14

National central banks

14.1. In accordance with Article 108 of this Treaty, each Member State shall ensure, at the latest at the date of the establishment of the ESCB, that its national legislation, including the statutes of its national central bank, is compatible with this Treaty and this Statute.

14.2. The statutes of the national central banks shall, in particular, provide that the term of office of a Governor of a national central bank shall be no less than 5 years.

A Governor may be relieved from office only if he no longer fulfils the conditions required for the performance of his duties or if he has been guilty of serious misconduct. A decision to this effect may be referred to the Court of Justice by the Governor concerned or the Governing Council on grounds of infringement of this Treaty or of any rule of law relating to its application. Such proceedings shall be instituted within two months of the publication of the decision or of its notification to the plaintiff or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.

14.3. The national central banks are an integral part of the ESCB and shall act in accordance with the guidelines and instructions of the ECB. The Governing Council shall take the necessary steps to ensure compliance with the guidelines and instructions of the ECB, and shall require that any necessary information be given to it.

14.4. National central banks may perform functions other than those specified in this Statute unless the Governing Council finds, by a majority of two thirds of the votes cast, that these interfere with the objectives and tasks of the ESCB. Such functions shall be performed on the responsibility and liability of national central banks and shall not be regarded as being part of the functions of the ESCB.
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.445 Other harvest restrictions. ( a ) - ( b ) [Reserved]
( c ) *Spiny lobster* — ( 1 ) *Prohibition on harvest of egg-bearing spiny lobster.* Egg-bearing spiny lobster in the EEZ around Puerto Rico must be returned to the water unharmed. An egg-bearing spiny lobster may be retained in a spiny lobster trap, provided the trap is returned immediately to the water. An egg-bearing spiny lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested, in order to remove the eggs.
( 2 ) *Landing spiny lobster intact.* ( i ) A spiny lobster in or from the EEZ around Puerto Rico must be maintained with head and carapace intact through offloading ashore.
( ii ) The operator of a vessel that fishes in the EEZ around Puerto Rico is responsible for ensuring that spiny lobster on that vessel are maintained intact through offloading ashore, as specified in this section.
# EUR-Lex - 12002E105 - EN

Avis juridique important

*|*

# 12002E105

**Treaty establishing the European Community (Nice consolidated version) - Part Three: Community policies - Title VII: Economic and monetary policy - Chapter 2: Monetary policy - Article 105 - Article 105 - EC Treaty (Maastricht consolidated version) - Article 105 - EEC Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0075 - 0076 Official Journal C 340 , 10/11/1997 P. 0220 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0036 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Nice consolidated version)

Part Three: Community policies

Title VII: Economic and monetary policy

Chapter 2: Monetary policy

Article 105

Article 105 - EC Treaty (Maastricht consolidated version)

Article 105 - EEC Treaty

Article 105

1. The primary objective of the ESCB shall be to maintain price stability. Without prejudice to the objective of price stability, the ESCB shall support the general economic policies in the Community with a view to contributing to the achievement of the objectives of the Community as laid down in Article 2. The ESCB shall act in accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources, and in compliance with the principles set out in Article 4.

2. The basic tasks to be carried out through the ESCB shall be:

- to define and implement the monetary policy of the Community,

- to conduct foreign-exchange operations consistent with the provisions of Article 111,

- to hold and manage the official foreign reserves of the Member States,

- to promote the smooth operation of payment systems.

3. The third indent of paragraph 2 shall be without prejudice to the holding and management by the governments of Member States of foreign-exchange working balances.

4. The ECB shall be consulted:

- on any proposed Community act in its fields of competence,

- by national authorities regarding any draft legislative provision in its fields of competence, but within the limits and under the conditions set out by the Council in accordance with the procedure laid down in Article 107(6).

The ECB may submit opinions to the appropriate Community institutions or bodies or to national authorities on matters in its fields of competence.

5. The ESCB shall contribute to the smooth conduct of policies pursued by the competent authorities relating to the prudential supervision of credit institutions and the stability of the financial system.

6. The Council may, acting unanimously on a proposal from the Commission and after consulting the ECB and after receiving the assent of the European Parliament, confer upon the ECB specific tasks concerning policies relating to the prudential supervision of credit institutions and other financial institutions with the exception of insurance undertakings.
N OTE : This order is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

__________________________ PANDUIT CORPORATION, Appellant,

v. DAVID J. KAPPOS, DIRECTOR, UNITED STATES PATENT AND TRADEMARK OFFICE, Appellee,

AND ADC TELECOMMUNICATIONS, Cross Appellant.

__________________________ 2012-1435, -1436 (Reexamination No. 95/000,412)

__________________________Appeals from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.

__________________________ ON MOTION

__________________________ O R D E RUpon consideration of Panduit Corporation’s unopposed motion to withdraw its Response and Reply Brief filed November 13, 2012, Case: 12-1435 Document: 41 Page: 1 Filed: 12/10/2012PANDUIT CORPORATION v. KAPPOS 2

I T I S O RDERED T HAT :The motion to withdraw Panduit’s Response and Reply Brief is granted. All ot her pending motions are moot.
F OR T HE C OURT
/s/ Jan Horbaly Jan Horbaly Clerk s25 Case: 12-1435 Document: 41 Page: 2 Filed: 12/10/2012
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