alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-4217

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus BILLY JOE GARNER, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:06-cr-00332-JAB) Submitted: July 18, 2007 Decided: August 16, 2007 Before WILKINSON and TRAXLER, Circuit Judges, and WILKINS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Louis C. Allen, Federal Public Defender, William C. Ingram, First Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Anna Mills Wagoner, United States Attorney, Michael F. Joseph, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.* Garner urges us to reexamine Harpin light of the Supreme Court’s recent decision in Cunningham v. California , 127 S. Ct. 856, 860 (2007) (holding that California’s determinate sentencing law violated the Sixth Amendment by “assign[ing] to the trial judge, not to the jury, authority to find the facts that expose a defendant to an elevated ‘upper term’ sentence”). Nothing in Cunningham affects the analysis in Harp . Moreover, “a panel of this court cannot overrule, explicitly or implicitly, the precedent set by a prior panel of this court. Only the Supreme Court or this court sitting en banc can do that.” Scotts Co. v. United Indus. Corp. , 315 F.3d 264, 272 n.2 (4th Cir. 2002) (internal quotation marks and citation omitted). - 2 - PER CURIAM: Billy Joe Garner entered a conditional guilty plea to one count of possessing ammunition after having been convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2000), reserving the right to challenge the district court’s denial of his motion to dismiss the indictment. Garner appeals, contending that his predicate state conviction for conspiracy to sell and deliver methamphetamine was not a “crime punishable by imprisonment for a term exceeding one year” under § 922(g)(1). We affirm. Garner asserts that the maximum sentence for the crime based on his individual criminal history and North Carolina’s structured sentencing scheme was less than twelve months. However, as Garner concedes, his argument is foreclosed by United States v. Harp , 406 F.3d 242, 246-47 (4th Cir.), cert. denied , 126 S. Ct. 297 (2005). * Because it is undisputed that a sentence of over twelve months could be imposed on a defendant convicted of conspiracy to sell and deliver methamphetamine in North Carolina, the district- 3 - court properly considered Garner’s prior conviction as a predicate felony for purposes of § 922(g)(1). Accordingly, we affirm Garner’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### §§ 11.103-11.105 [Reserved]
§ 129.430 Navigational lighting. ( a ) Each vessel of less than 100 gross tons and less than 19.8 meters (65 feet) in length must have navigational lighting in compliance with the applicable navigation rules.
( b ) Each vessel of 100 or more gross tons, or 19.8 meters (65 feet) or more in length, must have navigational lighting in compliance with the applicable navigation rules and with § 111.75-17(d) of this chapter.
#### Lindley M. Fleet *v.*Otis H. Wait.

May Term, 1907.

Present: Rowell, O. J., Tylee, Munson, and Watson, JJ.

Opinion filed June 5, 1907.

*Covenant*— Covenants *of Title and Against*Incumbrances— *Breach*— Declaration—Sufficiency.

A declaration for breaches of the ordinary covenants in a warranty deed is 'bad on demurrer, where the only breach relied on is eviction by a city under an agreement with defendant, made more than two years before plaintiff’s deed, to give it five feet of the land for widening a street, on condition that the work should be done that year, and there is no allegation of the time when the city entered upon the premises. *

An agreement by an owner of lots to give the city five feet therefrom for widening a street, on condition "that the work should be done that year, does not constitute an “incumbrance” within the meaning of a covenant against incumbrances in a deed of the land executed two years later.

Covenant. Heard on general demurrer to the declaration, at the December Term, 1906, Windsor County, *Taylor,*J., presiding. Demurrer sustained, *pro forma,*and declaration adjudged insufficient. The plaintiff excepted. Cause passed to the Supreme Court before trial. 'The opinion sufficiently states the substance of the declaration.

*W. F. Stephens-*and *Harvey, Harvey <& Harvey*for the plaintiff.

The eviction set forth in the declaration constitutes a breach of the 'covenants of seisin. A covenant of seisin has been defined to be “an assurance to the purchaser that the grantor has the very estate in quantity and quality which he purports to convey.” It is broken if there is a material deficiency in the *178quantity of land called for by the deed. *Wetzel*v. *Richer eek,*40 N. E. 1004; *Real*v. *Hollister,*29 N. W. 189.

Said eviction is also a breach of the covenant against incumbrances. *Spurr*v. *Andrew,*6 Allen 420; *Prescott*v. *True-man,*4 Mass. 627; *Kellogg*v. *Ingersoll, 2*Mass. 97; *Blake*v. *Everett,*1 Allen 248; *Shute*v. *Barnes, 2*Allen 598; *Isele*v. *Arlington Sav. Bank,*135 Mass. 142.

*Frederick C. Southgate*and *Stickney, Sargent & Skeels*for the defendant.

Munson, J.

The declaration is for breaches of the covenants in a deed of certain lots in Brockton, Mass., is in two counts, and is demurred to generally. Both counts allege an eviction by the city under an agreement of the defendant to give five feet from the front of said lots for widening the street. This is set up in the first count as a breach of each of the several covenants, and in the second count, as a breach of the covenant against incumbrances: The defendant’s agreement, as set up in both counts, is dated April 10, 1897, and is upon condition that the work be done that year. His deed to tbe plaintiff is dated September 9, 1899. There is no allegation of the time when the city entered upon the premises. If the entry was after the time limited it was not by virtue of any right conferred by the agreement. The agreement did not constitute an incumbrance when the deed was given, for the time allowed for an exercise of the right had then expired.

*Judgment affirmed and cause remanded.*
BILLING CODE: 6715-01-M 

FEDERAL ELECTION COMMISSION 

Sunshine Act Meetings 

AGENCY: FEDERAL ELECTION COMMISSION 

DATE & TIME: THURSDAY. MARCH 6, 2014 AT 10:00 A.M. 

PLACE: 999 E STREET, N.W., WASHINGTON, D.C. (NINTH FLOOR) 

STATUS: THIS MEETING WILL BE OPEN TO THE PUBLIC. 

ITEMS TO BE DISCUSSED: 

Correction and Approval of Minutes for February 27, 2014 

Draft Advisory Opinion 2014-01: Solano County United Democratic Central 

Committee 

Technical Corrections to the 2013 Code of Federal Regulations 

Proposed Final Audit Report on Dallas County Republican Party (A11-14) 

Proposed Final Audit Report on Republican Party of Iowa (A11-24) 

Proposed Final Audit Report on the Vermont Democratic Party (A 11-12) 

Proposed Final Audit Report on the Democratic Party of South Carolina (A 11-19) 

Management and Administrative Matters 

Individuals who plan to attend and require special assistance, such as sign language 

interpretation or other reasonable accommodations, should contact Shawn Woodhead 

Werth, Secretary and Clerk, at (202)694-1 040, at least 72 hours prior to the meeting 

date. 

PERSON TO CONTACT FOR INFORMATION: 

Signed: 

Shawn Woodhead Werth 

Secretary and Clerk of the Commission 

Submitted: February 27, 2014 

Judith Ingram, Press Officer 

Telephone: (202) 694-1220
EVIDENCE OF THE RULE'S ADOPTION 

40 CFR Part 51, Appendix V, 2.1(b) 
STATE OF NEW HAMPSHIRE 

^AROL J . HOLAHAN 

tECTOR 

OFFICE OF LEGISLATIVE SERVICES 

STATE HOUSE 

107 NORTH MAIN STREET, ROOM 109 , 

CONCORD, NEW HAMPSHIRE 03301-4951 

March 1, 2005 

Received from the Commissioner, Department of Environmental Services 

the following certified rule(s) filed with the Director of Legislative Services, in accordance with RSA 541-A, the 

Administrative Procedures Act. 

Document # #8293 

Relative to : Env-A 1204 .02(h), 1204.03(co), 1204.43 & 1204 .44 - Solvent Metal Cleaning 

Number of Pages : 3 , . 

Adopted Date: 2-25-05 

Filing Date: 2-25-05 

Effective Date: . 2-26-05 

Expiration Date: 2-26-13 

Notes: 

In all communications with this office concerning the above rule(s), please cite the appropriate document 

number, as indicated above. 

Carol J . Holaha~j Director 

CJH/ PJh . 

Office of Legislative Services 

ADMINISTRATION (603) 271-3436 

DIRECTOR (603) 271-3432 TDD Access: Relay NH 1-800-735-2964 LEGAL STAFF (603) 271-3435 

ADMINISTRATIVE RULES (603) 271-3680 FAX: (603) 271-6607 RESEARCH (603) 271-3326
###### Editorial Note on Part 151

#### Editorial Note:

Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

#### § 151.03-43 Pressure.

Terminology used in this part are: pounds per square inch gauge (p.s.i.g.) or pounds per square inch absolute (p.s.i.a.). 14.7 p.s.i.a. is equal to 0 p.s.i.g. P.s.i.g. is normally used in reference to design or operating requirements.
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

NADIA ALQUAHWAGI,

Plaintiff,

v.

SHELBY ENTERPRISES, INC., and THE

PRUDENTIAL INSURANCE COMPANY OF

AMERICA,

Defendants.

 /

Case No. 14-13691

JUDGMENT

In accordance with the court’s “Opinion and Order Granting Defendants’ Motion

for Summary Judgment and Denying Plaintiff’s Motion for Summary Judgment” dated

September 14, 2016,

IT IS ORDERED AND ADJUDGED that judgment is entered in favor of

Defendants Shelby Enterprises, Inc. and The Prudential Insurnace Company of America

and against Plaintiff Nadia Alquahwagi. Dated at Detroit, Michigan, this 14th day of

September, 2016.

DAVID J. WEAVER

CLERK OF THE COURT

BY: S/Lisa Wagner 

Lisa Wagner, Deputy Clerk 

and Case Manager to 

Judge Robert H. Cleland

S:\Cleland\JUDGE'S DESK\C1 ORDERS\14-13691.ALQUAHWAGI.Judgment.tlh.wpd

2:14-cv-13691-RHC-MJH Doc # 40 Filed 09/14/16 Pg 1 of 1 Pg ID 569
#### § 143.275 Bilge pumps or other dewatering capability.

There must be an installed or portable bilge pump for emergency dewatering. Any portable pump must have sufficient hose length and pumping capability. All installed bilge piping must have a check/foot valve in each bilge suction that prevents unintended backflooding through bilge piping.
Response

Dave Lottel'cr

M Lopez

Craig Fabian

Robert Hackman

Person Contacted

Eli Cotti

ATA

ATA

Organization

Niltional Business Aircraft Association

I

Regional Airline ASSflciatiioll

Aircraft Owners & Pilots Association

Contacts. With whom outside the FAA has this proposal been discussed?

I
§ 127.270 Location of accommodations and pilothouse. ( a ) Neither quarters for crew members or offshore workers nor the pilothouse may be located forward of the collision bulkhead required by § 174.190 of this chapter.
( b ) Except as provided in paragraph (c) of this section, no part of any deck with accommodations for crew members or offshore workers may be below the deepest load waterline.
( c ) Any deck with accommodations for crew members or offshore workers may be below the deepest load waterline if— ( 1 ) The vessel complies with the damage-stability requirements in § 174.205 of this chapter; and
( 2 ) The deck head of the space is not below the deepest load waterline.
( d ) No hawse pipe or chain pipe may pass through accommodations for crew members or offshore workers.
( e ) There must be no direct access, except through solid, close-fitted doors or hatches, between accommodations and chain lockers, cargo spaces, or machinery spaces.
( f ) No sounding tubes, or vents from fuel-oil or cargo-oil tanks may open into accommodations for crew members or offshore workers, except that sounding tubes may open into passageways.
( g ) No access openings from fuel-oil or cargo-oil tanks may open into quarters for crew members or offshore workers.
( h ) Quarters for crew members must be separate from and independent of those for offshore workers unless the cognizant OCMI approves an alternative arrangement.
##### 



Exhibit 31.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Richard J. Townsend, certify that:  1.
    
    I have reviewed this Annual Report on Form 10-K/A of Loral
Space & Communications Ltd.;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.
    
    [Intentionally omitted];4.
    
    The registrants other certifying officer(s) 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;(c)
    
    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(d)
    
    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(s) 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. /s/ Richard J. TownsendRichard J. Townsend
Chief Financial OfficerMay 12, 2004
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1890 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1890

  To amend the Safe Drinking Water Act to increase the percentage of 
      State revolving loan funds reserved for American Samoa, the 
  Commonwealth of the Northern Mariana Islands, Guam, and the Virgin 
                                Islands.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2009

Ms. Bordallo (for herself, Mr. Faleomavaega, Mrs. Christensen, and Mr. 
   Sablan) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Safe Drinking Water Act to increase the percentage of 
      State revolving loan funds reserved for American Samoa, the 
  Commonwealth of the Northern Mariana Islands, Guam, and the Virgin 
                                Islands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. STATE REVOLVING LOAN FUNDS FOR AMERICAN SAMOA, NORTHERN 
              MARIANA ISLANDS, GUAM, AND THE VIRGIN ISLANDS.

    Subsection (j) of section 1452 of the Safe Drinking Water Act (42 
U.S.C. 300j-12) is amended by striking ``The total allotment of 
grants'' and all that follows through the period and inserting ``The 
total allotment of grants under this section for American Samoa, the 
Commonwealth of the Northern Mariana Islands, Guam, and the Virgin 
Islands in any fiscal year shall be 0.5 percent of the aggregate amount 
made available to carry out this section in that fiscal year.''.
                                 <all>
```
<PAGE>   1

                                                                EXHIBIT 23

                              ACCOUNTANTS' CONSENT

The Board of Directors and Stockholders
Bacou USA, Inc. and Subsidiaries


     We consent to incorporation by reference in the registration statement
(333-09251) on Form S-8 of Bacou USA, Inc. of our reports dated February 14,
1997, relating to the consolidated balance sheets of Bacou USA, Inc. and
subsidiaries as of December 31, 1996 and 1995, and the related consolidated
statements of income, stockholders' equity, and cash flows for the fiscal year
ended December 31, 1996, for the five months ended December 31, 1995, and for
the fiscal years ended July 31, 1995 and 1994, and the related schedule, which
reports appear in the December 31, 1996 annual report on Form 10-K of Bacou USA,
Inc.


                                                     KPMG PEAT MARWICK LLP


Providence, Rhode Island
March 26, 1997
#### Bowden *v.*The State.

Argued October 17,

Decided November 8, 1906.

Indictment for murder. , Before Judge Lewis. Laurens superior court. July *24,*1906.

*Howard & Baker, Greene F. Johnson,*and *John B. Cooper,*for plaintiff in error. *John C. Hart, attorney-general,*and *Joseph E. Pottle, solicitor-general,*contra.

Evans, J.

1. As a matter of public policy, a juror can not be heard to impeach his verdict, either by way of disclosing the incompetency or misconduct of his fellow-jurors, or by showing his own misconduct or disqualification from any cause. Civil Code, § 5338; *Hill*v. *State,*91 *Ga.*154; *Coleman*v. *Slade, 75 Ga.*63; *Dyson*v. *State,*72 *Ga.*206.

2. In view of the counter-showing made by the State, the trial judge did not err in holding that the juror whose disqualification the accused sought to establish was not so deaf as to render him incompetent to serve on the jury.

3. There was evidence warranting the conclusion that the accused suddenly approached the deceased with a gun and pointed it at him with intent to kill him in a spirit of revenge for a past grievance, real or fancied, and that the deceased thereupon attempted to draw his pistol in order to defend himself, but was shot down before he could do so. Accordingly, it was proper for the court to instruct the jui'y to the effect that if the killing occurred under these circumstances, the fact that the deceased undertook to draw his pistol could not be pleaded by the accused as a justification for the homicide, as the killing would be murder.

4. There was ño abuse of discretion on the part of the lower court in refusing to grant a new trial on the theory that the verdict was unsupported by the evidence and was for that reason contrary to law.

*Judgment affirmed.*

*All the Justices concur.*
§ 122.516 Life jacket placards. ( a ) Placards containing instructions for the donning and use of the life jackets aboard the vessel must be posted in conspicuous places that are regularly accessible and visible to the crew and passengers.
( b ) Life jacket placards must be posted in each passenger cabin or stateroom on a vessel of more than 19.8 meters (65 feet) in length with overnight accommodations for more than 49 passengers.
( c ) If the cognizant OCMI determines that there is no suitable mounting surface aboard the vessel, the life jacket placards need not be posted but must be carried aboard the vessel and be available to the crew and passengers for familiarization.
§ 105.13 Electrical fittings and fixtures. ( a ) In compartments or areas containing tanks or pumps handling petroleum products other than Grade E products, no electrical fittings, fixtures, or equipment may be installed or used unless approved for a Class I, Group D hazardous location and labeled as such by UL or another recognized laboratory.
( b ) All electrical equipment, fixtures, and fittings located within 10 feet of a vent outlet or a dispensing outlet must be explosion-proof and labeled as such by UL or another recognized laboratory, as suitable for Class I, Group D atmospheres.
( c ) All electrical equipment must be grounded to the vessel's common ground.
( d ) Tanks, containers, and associated piping systems in use prior to December 1, 1969, on a vessel the construction of which was contracted for before May 31, 1976, are exempt from the requirements of this section provided they are maintained in a condition that the Officer in Charge, Marine Inspection, finds satisfactory, and provided that major repairs or replacement of exempted equipment and systems is in accordance with this part.