alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 108.595 Communications. ( a ) *Radio lifesaving appliances.* Radio lifesaving appliance installations and arrangements must meet the requirements of 47 CFR part 80.
( b ) *Distress flares.* Each unit must— ( 1 ) Carry not less than 12 rocket parachute flares approved under approval series 160.136; and
( 2 ) Stow the flares in a portable watertight container carried on the navigating bridge, or if the unit does not have a bridge, in the control room.
* 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that this opinion should not be published and is not precedent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.

United States Court of Appeals

Fifth Circuit

FILED

February 18, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50821

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FREDDY CRUZ-DURAN,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-278-1-AML

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

Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

 Freddy Cruz-Duran appeals the sentence imposed following his

guilty plea conviction of being found in the United States after

deportation/removal in violation of 8 U.S.C. § 1326. Cruz-Duran

contends that 8 U.S.C. § 1326(b)(2) is an unconstitutional

sentencing provision. He argues that his sentence exceeds the

two-year maximum term of imprisonment which may be imposed under

8 U.S.C. § 1326(a).
No. 03-50821

-2-

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Cruz-Duran acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
y 

04/08/2013 10:03 FAX 202 2875108 

UNITED STATES OF AMERICA 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

IN THE MA ITER OF 

MAGORIEN HONING & HYDRAULICS 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

. FDMS NO, :FA.A~2ol2-cJ9os ,__ -~=,~-~"·--

FAA CASE NO. 2011WP910318 

COMPLAINANT'S WITHDRAWAL OF COMPLAINT 

141002/003 

Pursuant to the Rules of Practice in Federal Aviation Administration Civil Penalty 

Actions, 14 C.F.R. § 13.220, Complainant, the Federal Aviation Administration, hereby 

withdraws its Complaint, filed on October 4, 2012, as a result of a settlement between the parties. 

Date: AprilS, 2013 

Respectfully submitted, 

JIL~:U?!v(~ Senior Attorney 

Enforcement Division 
04/08/2013 10:03 FAX 202 2875108 ~ 003/003 

CERTIFICATE OF SERVICE 

I hereby certify that I delivered by faxsimile one copy of the foregoing Complainant's 

Withdrawal of Complaint in In the Matter of Magorien Honing & Hydraulics, FAA Docket No. 

Unassigned, Case No. 2011 WP910318, to: 

Federal Aviation Administration 

600 Independence Ave., S.W. 

Wilbur Wright Building-Suite 2Wl 000 

Washington, D.C. 20591 

.. A~.!.B~~g~P2.9.!~LCl~r_k,_~GJ;~4l0 __ -~' ~ ~'-'·--=-·-'--·-~=--"'-- ~- --'.:"-

'··FAX! -202-:493~5142 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

FAX: 202-366-7536 

In addition, I hereby certify that I served a copy of the same by electronic mail, addressed 

to the following: 

Doug Griffith, Esq. 

633 w. 5tll st., ste. 2800 

Los Angeles, CA 90071 

doug@douggriffithlaw.com 

Senior Attomey 

2
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 the Interior

###### Bureau of Land Management

          - [AK-1430-EU; A-033531, AA-086554]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of Realty Action; Correction.

# SUMMARY:

                        The Bureau of Land Management published a document in the                         **Federal Register**                         of February 22, 2007, concerning the direct sale of the reversionary interest held by the United States in 3.9 acres of land located in Eagle River, Alaska. The document contained an accurate legal description, but inaccurate lot numbers in the                         **SUPPLEMENTARY INFORMATION**                        .                    

# FOR FURTHER INFORMATION CONTACT:

Robert Lloyd, BLM Anchorage Field Office, (907) 267-1246.

## Correction

                        In the                         **Federal Register**                         of February 22, 2007, in FR Doc. E7-2953, on page 8010, in the first and second column, correct “Lots 7 and 11” to “Lots 7 and 10” as follows:                    

The subject lands, lots 7 and 10, comprise two of the 13 lots owned by the church in this location. Lots 7 and 10 are the only lots that contain a reversionary clause. The church has fee title to the remaining properties that surround lots 7 and 10.

Dated: February 22, 2007.

Mike Zaidlicz,

Acting Field Manager.

[FR Doc. 07-1142 Filed 3-9-07; 8:45 am]

BILLING CODE 4310-JA-M
§ 113.43-3 Alarm system. ( a ) Each vessel must have a steering failure alarm system that actuates an audible and visible alarm in the pilothouse when the actual position of the rudder differs by more than 5 degrees from the rudder position ordered by the followup control systems, required by part 58, subpart 58.25, of this chapter, for more than: ( 1 ) 30 seconds for ordered rudder position changes of 70 degrees;
( 2 ) 6.5 seconds for ordered rudder position changes of 5 degrees; and
( 3 ) The time period calculated by the following formula for ordered rudder positions changes between 5 degrees and 70 degrees: t = (R/2.76) + 4.64 Where t = maximum time delay in seconds R = ordered rudder change in degrees
( b ) The alarm system must be separate from, and independent of, each steering gear control system, except for input received from the steering wheel shaft.
[CGD 74-125A, 47 FR 15272, Apr. 8, 1982, as amended by CGD 94-108, 62 FR 23910, May 1, 1997; USCG-2004-18884, 69 FR 58348, Sept. 30, 2004]
NOT FOR PUBLICATION IN WEST'S HAWAI # I REPORTS AND PACIFIC REPORTER

NO. CAAP-22-0000606

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI # I

STATE OF HAWAI # I, Plaintiff-Appellee, v. DEKLA HELGENBERGER, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-20-0000514)
ORDER GRANTING MOTION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon consideration of Defendant-Appellant Dekla Helgenberger's (Helgenberger) January 4, 2023 Motion to Dismiss Appeal, the papers in support, the record, 1and there being no opposition, it appears that (1) the appeal was docketed on November 9, 2022; (2) Helgenberger seeks to dismiss the appeal; (3) the motion includes Helgenberger's declaration showing she understands the consequences of voluntary dismissal, consistent with Hawai # i Rules of Appellate Procedure (HRAP) Rule 42(c); and (4) dismissal is authorized by HRAP Rule 42(b) and (c). Therefore, IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed. DATED: Honolulu, Hawai # i, May 10, 2023. /s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Derrick H.M. Chan Associate Judge

1 Helgenberger defaulted on the opening brief. Helgenberger's counsel, Hayden Aluli, is cautioned to timely file documents. Future violations may result in sanctions. Electronically Filed Intermediate Court of Appeals CAAP-22-0000606 10-MAY-2023 07:49 AM Dkt. 30 OGMD
#### § 113.30-1 Applicability.

This subpart applies to each self-propelled vessel.
#### § 111.30-4 Circuit breakers removable from the front.

Circuit breakers, when installed on generator or distribution switchboards, must be mounted or arranged in such a manner that the circuit breaker may be removed from the front without unbolting bus or cable connections or deenergizing the supply, unless the switchboard is divided into sections, such that each section is capable of providing power to maintain the vessel in a navigable condition, and meets § 111.30-24 (a) and (b).

[CGD 94-108, 61 FR 28278, June 4, 1996]
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>


<S>                                               <C>
<PERIOD-TYPE>                                   6-MOS
<FISCAL-YEAR-END>                               Dec-31-2000
<PERIOD-END>                                    JUN-06-2000
<CASH>                                              189,806
<SECURITIES>                                              0
<RECEIVABLES>                                             0
<ALLOWANCES>                                              0
<INVENTORY>                                          18,031
<CURRENT-ASSETS>                                      6,041
<PP&E>                                              361,280
<DEPRECIATION>                                      (18,098)
<TOTAL-ASSETS>                                      557,060
<CURRENT-LIABILITIES>                                32,230
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                          5,647,238
<OTHER-SE>                                        (5,122,408)
<TOTAL-LIABILITY-AND-EQUITY>                         557,060
<SALES>                                               94,765
<TOTAL-REVENUES>                                      94,765
<CGS>                                                 52,064
<TOTAL-COSTS>                                         52,064
<OTHER-EXPENSES>                                     476,861
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                         0
<INCOME-PRETAX>                                     (434,160)
<INCOME-TAX>                                               0
<INCOME-CONTINUING>                                        0
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                        (434,160)
<EPS-BASIC>                                            (0.07)
<EPS-DILUTED>                                          (0.07)



</TABLE>
#### § 410.1701 Applicability.

This subpart applies to individuals in the custody of ORR. To meet the definition of an unaccompanied child and remain in ORR custody, an individual must be under 18 years of age.
Opinion s filed March 17, 2011



### In The 

# Eleventh Court of Appeals

__________ 

### No s . 11

- 11

- 00021

- CR & 11

- 11

- 00022

- CR

__________ LESLIE HEMPHILL , Appellant

V.

STATE OF TEXAS , Appellee

On Appeal from the 272 nd District Court

Brazos County, Texas

Trial Court Cause No s . 06

- 02 0 12

- CRF

- 272 & 06

- 05077

- CRF

- 272

M E M O R A N D U M O P I N I O N
In both causes, Leslie Hemphill was convicted in 2006 for the deliver y of a controlled substance. On July 23, 2010, in trial court cause no. 06

- 02 0 12

- CRF

- 272, Hemphill filed a motion requesting additional credit for time that he spent in jail. The trial court entered an order in that cause on September 30, 2010, denying Hemphill’s motion. Hemphill subsequently f iled a notice of appeal
, containing both cause numbers, in which he is attempting to appeal from the “order signed by the trial court on 09/30/2010, denying defendant’s Motion Requesting2

Additional Time Credit.” T he State has filed in each case a motion t o dismiss for want of jurisdiction. We dismiss the appeals.
After the clerk’s records were received by this court, we wrote Hemphill on February 14, 2011, and informed him that it did not appear that we had jurisdiction in either case. We requested Hem phill to respond in writing by March 1, 2011, and show grounds to continue these appeals. Hemphill has not filed a response showing grounds to continue; he did contact the district clerk’s office and request that the September 30, 2010 order and the motio n requesting additional jail credit be forwarded to this court. The clerk’s records that had been previously filed already contained those documents. The September 30, 2010 order from which Hemphill attempts to appeal is , however, not an appealable order

. See Ex parte Forooghi , 185 S.W.3d 498 (Tex. Crim. App. 2006); Ex parte Ybarra , 149 S.W.3d 147 (Tex. Crim. App. 2004) ; Everett v.
State , 82 S.W.3d 735 (Tex. App.

— Waco 2002, pet. dismissed )

. Consequently, we have no jurisdict ion to entertain these appeals. The State’s motions to dismiss are granted, and the appeals are dismissed for want of jurisdiction.

PER CURIAM

March 17, 2011 Do not publish. See T EX

. R. A PP

. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.
#### § 90.11 Purpose of this subpart.

The purpose of this subpart is to set forth the prohibitions against age discrimination and the exceptions to those prohibitions.
EXHIBIT 10.2


                  AMENDMENT TO RESTATED STOCK OPTION AGREEMENT


        This Amendment made as of the 26th day of November 1996, by and
   between Superior Services, Inc., a Wisconsin Corporation (the "Company")
   and G.W. "Bill" Dietrich (the "Employee").

        WHEREAS, the Company and the Employee previously entered into a
   Restated Stock Option Agreement dated as of November 29, 1995 (the
   "Restated Stock Option Agreement"); and

        WHEREAS, the parties desire to amend the Restated Stock Option
   Agreement as set forth herein.

        NOW, THEREFORE, in consideration of the mutual promises contained
   herein, the parties agree as follows:

   1.   Section 3 of the Restated Stock Option Agreement is amended by (i)
        deleting the second sentence in such section, and (ii) deleting the
        words "In addition" from the beginning of the third sentence in such
        section and substituting therefor the words "Provided, however,
        that."

   2.   Except as set forth herein, the terms of the Restated Stock Option
        Agreement shall remain unaltered and in full force and in effect.

        In Witness Whereof, the parties have entered into this Amendment as
   of the day and year set forth above.

   SUPERIOR SERVICES, INC.            EMPLOYEE:


   By:  /s/ Joseph P. Tate                  /s/ G.W. Dietrich                
      Joseph P. Tate, Chairman             G.W. "Bill" Dietrich


   Approved by the Compensation Committee of the Board of Directors:


     /s/ Francis J. Podvin            
   Francis J. Podvin, Chairman
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENT OF INCOME OF THE COMPANY
AS OF AND FOR THE YEAR ENDED DECEMBER 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          20,909
<SECURITIES>                                         0
<RECEIVABLES>                                  109,375
<ALLOWANCES>                                    15,823
<INVENTORY>                                     34,807
<CURRENT-ASSETS>                               206,664
<PP&E>                                         119,789
<DEPRECIATION>                                  36,527
<TOTAL-ASSETS>                                 712,543
<CURRENT-LIABILITIES>                           82,163
<BONDS>                                        207,305
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           224
<OTHER-SE>                                     417,174
<TOTAL-LIABILITY-AND-EQUITY>                   712,543
<SALES>                                        394,125
<TOTAL-REVENUES>                               394,125
<CGS>                                          249,138
<TOTAL-COSTS>                                  249,138
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,174
<INCOME-PRETAX>                                 20,439
<INCOME-TAX>                                    12,263
<INCOME-CONTINUING>                              8,176
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,176
<EPS-PRIMARY>                                     0.40
<EPS-DILUTED>                                     0.39
        

</TABLE>
§ 87.1 Definitions. The following definitions apply for the purposes of this part. ( a ) Direct Federal financial assistance, Federal financial assistance provided directly, or direct funding means financial assistance received by an entity selected by the Government or a pass-through entity (as defined in this part) to carry out a service (e.g., by contract, grant, or cooperative agreement). References to Federal financial assistance will be deemed to be references to direct Federal financial assistance, unless the referenced assistance meets the definition of indirect Federal financial assistance or Federal financial assistance provided indirectly.
( b ) *Directly funded* means funded by means of direct Federal financial assistance.
( c ) Indirect Federal financial assistance or Federal financial assistance provided indirectly means Federal financial assistance received by a service provider when the service provider is paid for services rendered by means of a voucher, certificate, or other means of Government-funded payment provided to a beneficiary who is able to make a choice of a service provider, and: ( 1 ) The Government program through which the beneficiary receives the voucher, certificate, or other similar means of Government-funded payment is neutral toward religion; and
( 2 ) The service provider receives the assistance wholly as a result of a genuine and independent private choice of the beneficiary, not a choice of the Government. The availability of adequate secular alternatives is a significant factor in determining whether a program affords true private choice.
( d ) *Federal financial assistance* means assistance that non-Federal entities receive or administer in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption. Federal financial assistance may be direct or indirect.
( e ) *Pass-through entity* means an entity, including a nonprofit or nongovernmental organization, acting under a contract, grant, or other agreement with the Federal Government or with a State or local government, such as a State administering agency, that accepts direct Federal financial assistance as a primary recipient or grantee and distributes that assistance to other organizations that, in turn, provide government funded social services.
( f ) *Recipient* means a non-Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients, but does include pass-through entities.
( g ) *Religious exercise* has the meaning given to the term in 42 U.S.C. 2000cc-5(7)(A).
[85 FR 82145, Dec. 17, 2020, as amended at 89 FR 15721, Mar. 4, 2024]
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 Justice

###### Foreign Claims Settlement Commission 

          - [F.C.S.C. Meeting Notice No. 1-07] 

The Foreign Claims Settlement Commission, pursuant to its regulations (45 CFR part 504) and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of meetings for the transaction of Commission business and other matters specified, as follows: 

# Date and Time:

 Thursday, January 25, 2007, at 1 p.m. 

# Subject Matter: 

Issuance of Proposed Decisions, Amended Proposed Decisions, and Amended Final Decisions in claims against Albania. 

# Status: 

Open. 

All meetings are held at the Foreign Claims Settlement Commission, 600 E Street, NW., Washington, DC. Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Administrative Officer, Foreign Claims Settlement Commission, 600 E Street, NW., Room 6002, Washington, DC 20579. Telephone: (202) 616-6988. 

Mauricio J. Tamargo,

Chairman.

[FR Doc. 07-128 Filed 1-11-07; 10:58 am] 

BILLING CODE 4410-01-P