alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 36.1 Policy.

( a ) The Department of Health and Human Services may indemnify, in whole or in part, its employees (which for the purpose of this regulation includes former employees) for any verdict, judgment or other monetary award which is rendered against any such employee, provided that the conduct giving rise to the verdict, judgment or award was taken within the scope of his or her employment with the Department and that such indemnification is in the interest of the United States, as determined by the Secretary, or his or her designee, in his or her discretion.

( b ) The Department of Health and Human Services may settle or compromise a personal damage claim against its employee by the payment of available funds, at any time, provided the alleged conduct giving rise to the personal damage claim was taken within the scope of employment and that such settlement or compromise is in the interest of the United States, as determined by the Secretary, or his or her designee, in his or her discretion.

( c ) Absent exceptional circumstances, as determined by the Secretary or his or her designee, the Department will not entertain a request either to agree to indemnify or to settle a personal damage claim before entry of an adverse verdict, judgment or monetary award.

( d ) When an employee of the Department of Health and Human Services becomes aware that an action has been filed against the employee in his or her individual capacity as a result of conduct taken within the scope of his or her employment, the employee should immediately notify the Department that such an action is pending.

( e ) The employee may, thereafter, request either ( 1 ) indemnification to satisfy a verdict, judgment or award entered against the employee or
( 2 ) payment to satisfy the requirements of a settlement proposal. The employee shall submit a written request, with documentation including copies of the verdict, judgment, award or settlement proposal, as appropriate, to the head of his employing component, who shall thereupon submit to the General Counsel, in a timely manner, a recommended disposition of the request. The General Counsel shall also seek the views of the Department of Justice. The General Counsel shall forward the request, the employing component's recommendation and the General Counsel's recommendation to the Secretary for decision.

( f ) Any payment under this section either to indemnify a Department of Health and Human Services employee or to settle a personal damage claim shall be contingent upon the availability of appropriated funds of the employing component of the Department of Health and Human Services.

(Authority: 5 U.S.C. 301)

[53 FR 11280, Apr. 6, 1988]
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-20427-05 

v Honorable Thomas L. Ludington 

D-5, MELVIN ANDREW MORRIS, 

 

 Defendant. 

__________________________________________/ 

ORDER DENYING MOTION FOR RETROACTIVE APPLICATION 

OF SENTENCING GUIDLEINES 

On July 24, 2014, Defendant Melvin Andrew Morris was indicted on five counts of aiding 

and abetting the distribution of cocaine base. ECF No. 13. On September 23, 2015, a first 

superseding indictment was issued and he was indicted for one count of distribution of cocaine 

base and five counts of aiding and abetting the distribution of cocaine base. ECF No. 170. On 

November 30, 2015, the Government filed a motion to dismiss the five counts of aiding and 

abetting the distribution of cocaine. ECF No. 184. On December 1, 2015, the motion was granted, 

leaving only the count for distribution of cocaine base remaining. ECF No. 185. A jury trial was 

held and Defendant was found guilty of distribution of cocaine base. ECF No. 187. 

Defendant had two prior felony domestic assault convictions under M.C.L. §750.81(2). 

ECF No. 279 at 2. The district court determined that these convictions were crimes of violence 

which qualified Defendant as a career offender under the United States Sentencing Guideline 

§4B1. Id. Defendant was sentenced to 180 months imprisonment. ECF No. 210. 

 That same day, Defendant filed a notice of appeal with the Sixth Circuit. ECF Nos. 211, 

212. In his appeal, Defendant challenged his sentence, “arguing that his two prior felony 

convictions for domestic assault under Michigan Compiled Laws (M.C.L.) §750.81 [were] not 
- 2 - 

crimes of violence under §4B1.2.” ECF No. 279 at 2. The Sixth Circuit affirmed the district court’s 

sentencing and concluded that “a conviction under M.C.L. §750.81 is a crime of violence under 

the residual clause of the Guidelines.” Id. 

 Defendant has now filed a motion for retroactive application of sentencing guidelines. ECF 

No. 286. He argues that his prior convictions under M.C.L. 750.81 did not qualify as crimes of 

violence under the residual clause of §4B1 of the Sentencing Guidelines. ECF No. 286 at 3. This 

is the same argument that he raised before the Sixth Circuit that the Sixth Circuit rejected. Because 

the Sixth Circuit has already ruled on this issue, Defendant’s motion will be denied. 

 Accordingly, it is ORDERED that Defendant’s motion for retroactive application of 

sentencing guidelines, ECF No. 286, is DENIED. 

Dated: December 10, 2018 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on December 10, 2018. 

 s/Kelly Winslow 

 KELLY WINSLOW, Case Manager
2:14-cv-13400-GAD-MKM Doc # 1 Filed 09/03/14 Pg 1 of 9 Pg ID 1
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#### The People of the State of New York *ex rel.*Isaac Evans, *Appellant, v.*The Board of Commissioners of the Department of Public Parks of the City of New York, *Respondent.*The Same *ex rel.*Joseph F. Belton, *Appellant, v.*The Same, Respondent.

Orders affirmed. Opinion by

Daniels, J.
§ 309.100 What procedures for the establishment of paternity must a Tribe or Tribal organization include in a Tribal IV-D plan? ( a ) A Tribe or Tribal organization must include in its Tribal IV-D plan the procedures for the establishment of paternity included in this section. The Tribe must include in its Tribal IV-D plan procedures under which the Tribal IV-D agency will: ( 1 ) Attempt to establish paternity by the process established under Tribal law, code, and/or custom in accordance with this section;
( 2 ) Provide an alleged father the opportunity to voluntarily acknowledge paternity; and
( 3 ) In a contested paternity case (unless otherwise barred by Tribal law) require the child and all other parties to submit to genetic tests upon the request of any such party, if the request is supported by a sworn statement by the party— ( i ) Alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between parties; or
( ii ) Denying paternity, and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.
( b ) The Tribal IV-D agency need not attempt to establish paternity in any case involving incest or forcible rape, or in any case in which legal proceedings for adoption are pending, if, in the opinion of the Tribal IV-D agency, it would not be in the best interests of the child to establish paternity.
( c ) When genetic testing is used to establish paternity, the Tribal IV-D agency must identify and use accredited laboratories which perform, at reasonable cost, legally and medically-acceptable genetic tests which intend to identify the father or exclude the alleged father.
( d ) Establishment of paternity under this section has no effect on Tribal enrollment or membership.
§ 60.6 Reporting errors, omissions, revisions or whether an action is on appeal. ( a ) Persons and entities are responsible for the accuracy of information which they report to the NPDB. If errors or omissions are found after information has been reported, the person or entity which reported it must send an addition or correction to the NPDB and, in the case of reports made under § 60.12 of this part, also to the Board of Medical Examiners, as soon as possible. The NPDB will not accept requests for readjudication of the case by the NPDB, and will not examine the underlying merits of a reportable action.
( b ) An individual or entity which reports information on licensure or certification, negative actions or findings, clinical privileges, criminal convictions, civil or administrative judgments, exclusions, or adjudicated actions or decisions under § 60.8, § 60.9, § 60.10, § 60.11, § 60.12, § 60.13, § 60.14, § 60.15, or § 60.16 must also report any revision of the action originally reported. Revisions include, but are not limited to, reversal of a professional review action or reinstatement of a license. In the case of actions reported under § 60.9, § 60.10, § 60.13, § 60.14, § 60.15 or § 60.16, revisions also include whether an action is on appeal. Revisions are subject to the same time constraints and procedures of § 60.5, § 60.8, § 60.9, § 60.10, § 60.11, § 60.12, § 60.13, § 60.14, § 60.15, or § 60.16 as applicable to the original action which was reported.
( c ) The subject will be sent a copy of all reports, including revisions and corrections to the report.
( d ) Upon receipt of a report, the subject: ( 1 ) Can accept the report as written;
( 2 ) May provide a statement to the NPDB that will be permanently appended to the report, either directly or through a designated representative; (The NPDB will distribute the statement to queriers, where identifiable, and to the reporting entity and the subject of the report. Only the subject can, upon request, make changes to the statement. The NPDB will not edit the statement; however the NPDB reserves the right to redact personal identifying and offensive language that does not change the factual nature of the statement.); or
( 3 ) May follow the dispute process in accordance with § 60.21.
[78 FR 20484, Apr. 5, 2013, 78 FR 25860, May 6, 2013]
§ 84.71 Retaliation or coercion. ( a ) A recipient shall not discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 504 or this part.
( b ) A recipient shall not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of their having exercised or enjoyed, or on account of their having aided or encouraged any other individual in the exercise or enjoyment of any right granted or protected by section 504 or this part.
#### George M. Depew, Respondent, *v.*The Peck Hardware Company, Appellant.

*Bepeio*v. *Peck Hardware Oo.,*121 App. Div. 28, affirmed.

(Argued December 3, 1909;

decided December 17, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1907, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial in an action to recover damages alleged to have been *529sustained by plaintiff through the sale to him by defendant of adulterated seed.

*Frank A. Christian*for appellant.

*Royal R. Scott*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.
<TABLE> <S> <C>

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</TABLE>
#### § 108.421 Location of fire pumps and associated equipment.

Each fire pump required by § 108.415, and the source of power, controls, sea connections for the fire pump, and booster pumps, if installed, must be installed in locations where, if a fire occurs in an enclosed space, all of the fire pumps on the unit are not made inoperative, except that if compliance with this requirement is impracticable, a gas type extinguishing system may be installed to protect at least one of the fire pumps, its source of power, and controls.
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.                  

###### International Trade Commission

          - [USITC SE-07-005]

# Agency Holding the Meeting:

United States International Trade Commission.

# Time and Date:

March 29, 2007 at 11 a.m.

# Place:

Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205-2000.

# Status:

Open to the public.

# Matters to be Considered:

1. Agenda for future meetings: none.

2. Minutes.

3. Ratification List.

4. Inv. No. 731-TA-1103 (Final) (Certain Activated Carbon From China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on April 9, 2007.)

5. Outstanding action jackets: none.

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission.

Issued: March 20, 2007.

Marilyn R. Abbott, 

Secretary to the Commission.

[FR Doc. 07-1480 Filed 3-22-07; 11:55 am]

BILLING CODE 7020-02-M
§ 400.210 Time limits for obligating and expending funds and for filing State claims. Federal funding is available for a State's expenditures for assistance and services to eligible refugees for which the following time limits are met: ( a ) *CMA grants,* as described at § 400.11(a)(1) of this part: ( 1 ) Except for services for unaccompanied minors, a State must use its CMA grants for costs attributable to the Federal fiscal year (FFY) in which the Department awards the grants. With respect to CMA funds used for services for unaccompanied minors, the State may use its CMA funds for services provided during the Federal fiscal year following the FFY in which the Department awards the funds.
( 2 ) A State's final financial report on expenditures of CMA grants, including CMA expenditures for services for unaccompanied minors, must be received no later than one year after the end of the FFY in which the Department awarded the grant. At that time, the Department will deobligate any unexpended funds, including any unliquidated obligations.
( b ) *Social service grants and targeted assistance grants,* as described, respectively, at §§ 400.11(a)(2) and 400.311 of this part: ( 1 ) A State must obligate its social service and targeted assistance grants no later than one year after the end of the FFY in which the Department awards the grant.
( 2 ) A State must expend its social service and targeted assistance grants no later than two years after the end of the FFY in which the Department awards the grant. A State's final financial report on expenditures of social services and targeted assistance grants must be received no later than 90 days after the end of the two-year expenditure period. At that time, if a State's final financial expenditure report has not been received, the Department will deobligate any unexpended funds, including any unliquidated obligations, based on a State's last submitted financial report.
[60 FR 33604, June 28, 1995, as amended at 65 FR 15450, Mar. 22, 2000]
§ 2516.710 What are the limits on the use of funds? The following limits apply to funds available under this part: ( a ) ( 1 ) Not more than six percent of the grant funds provided under this part for any fiscal year may be used to pay for administrative costs, as defined in § 2510.20 of this chapter.
( 2 ) The distribution of administrative costs between the grant and any subgrant is subject to the approval of the Corporation.
( 3 ) In applying the limitation on administrative costs, the Corporation may approve one of the following methods in the award document: ( i ) Limit the amount or rate of indirect costs that may be paid with Corporation funds under a grant or subgrant to six percent of total Corporation funds expended, provided that— ( A ) Organizations that have an established indirect cost rate for Federal awards will be limited to this method; and
( B ) Unreimbursed indirect costs may be applied to meeting operational matching requirements under the Corporation's award;
( ii ) Specify that a fixed rate of six percent or less (not subject to supporting cost documentation) of total Corporation funds expended may be used to pay for administrative costs, provided that the fixed rate is in conjunction with an overall 15 percent administrative cost factor to be used for organizations that do not have established indirect cost rates; or
( iii ) Use such other method that the Corporation determines in writing is consistent with OMB guidance and other applicable requirements, helps minimize the burden on grantees or subgrantees, and is beneficial to grantees or subgrantees and the Federal Government.
( b ) Funds made available under this part may not be used to pay any stipend, allowance, or other financial support to any participant in a service-learning program under this part except reimbursement for transportation, meals, and other reasonable out-of-pocket expenses directly related to participation in a program assisted under this part.
[74 FR 46505, Sept. 10, 2009]
§ 86.40 Marital or parental status. ( a ) *Status generally.* A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex.
( b ) *Pregnancy and related conditions.* ( 1 ) A recipent shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.
( 2 ) A recipient may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation so long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician.
( 3 ) A recipient which operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section shall ensure that the separate portion is comparable to that offered to non-pregnant students.
( 4 ) A recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan or policy which such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient's educational program or activity.
( 5 ) In the case of a recipient which does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom as a justification for a leave of absence for so long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status which she held when the leave began.
(Secs. 901, 902, Education Amendments of 1972, 86 Stat. 373, 374; 20 U.S.C. 1681, 1682)
[40 FR 24137, June 4, 1975, as amended at 70 FR 24321, May 9, 2005]