alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015417EN.01004501.xml

| 15.12.2015 | EN | Official Journal of the European Union | C 417/45 |
| --- | --- | --- | --- |

15.12.2015

EN

Official Journal of the European Union

C 417/45

---

Conclusions of the Council and the Representatives of the Governments of the Member States, meeting within the Council, reviewing the 2011 Resolution on the representation of the EU Member States in the Foundation Board of WADA and the coordination of the EU and its Member States' positions prior to WADA meetings

(2015/C 417/08)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

RECALLING

The Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council on the representation of the EU Member States in the Foundation Board of WADA and the coordination of the EU and its Member States' positions prior to WADA meetings and in particular the fact that by 31 December 2015 the experience gained from the application of this resolution shall be reviewed (1).

1

NOTING

The discussions at the Informal Ministerial Meeting for Sport that took place in Luxembourg on 6-7 July 2015, where views about the application of the resolution were exchanged.

AGREE THAT

The representation system and the coordination arrangements as set out in the 2011 Resolution should stay in place.

RECOGNISE THAT THE FOLLOWING ELEMENTS SHOULD BE REINFORCED:

| — | more regular involvement of the Council Presidency in Council of Europe (including CAHAMA) and WADA meetings; |
| --- | --- |

—

more regular involvement of the Council Presidency in Council of Europe (including CAHAMA) and WADA meetings;

| — | more systematic contributions from the Commission in the preparation of the draft EU mandate on the issues of EU competence; |
| --- | --- |

—

more systematic contributions from the Commission in the preparation of the draft EU mandate on the issues of EU competence;

| — | increasing the scientific expertise among Member States and the Council Presidency e.g. by using the existing informal network of experts; |
| --- | --- |

—

increasing the scientific expertise among Member States and the Council Presidency e.g. by using the existing informal network of experts;

| — | improving ad hoc and on the spot coordination meetings as well as preparations for the ‘public authority meetings’. |
| --- | --- |

—

improving ad hoc and on the spot coordination meetings as well as preparations for the ‘public authority meetings’.

AGREE THAT

By 31 December 2018, the Council and the Representatives of the Governments of the Member States, meeting within the Council, shall review once more the experience gained from the further application of the 2011 Resolution and consider whether any adjustments to the arrangements established by this Resolution are needed.

---

(1)  OJ C 372, 20.12.2011, p. 7.

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 Accounting Standards Advisory Board

# AGENCY:

Federal Accounting Standards Advisory Board.

# ACTION:

Notice.

                    Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules Of Procedure, as amended in October 2010, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) has released an exposure draft of a proposed Federal Financial Accounting Technical Release (TR),                     *Rescission of Technical Release 8,*                     for public comment.                

                    The proposed TR is available on the FASAB website at                     *http://www.fasab.gov/​documents-for-comment/​.*                     Copies can be obtained by contacting FASAB at (202) 512-7350.                

                    Respondents are encouraged to comment on any part of the exposure draft and to provide the reasons for their positions. Written comments are requested by October 5, 2018, and should be sent to                     *fasab@fasab.gov*                     or Wendy M. Payne, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street NW, Suite 1155, Washington, DC 20548.                

# FOR FURTHER INFORMATION CONTACT:

Ms. Wendy M. Payne, Executive Director, 441 G Street NW, Suite 1155, Washington, DC 20548, or call (202) 512-7350.

Authority: Federal Advisory Committee Act, Pub. L. 92-463.

Dated: August 21, 2018.

Wendy M. Payne,

Executive Director.

[FR Doc. 2018-18564 Filed 8-27-18; 8:45 am]

 BILLING CODE 1610-02-P
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT JOGINDER

SINGH, Pe titione r, v. ER IC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde nt . No. 11-73757 Age n c y No. A076-858-121 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d

Nove m b e r 19, 2013 ** B e fore : C ANB Y, TR OTT, a nd THOM AS, C irc uit Judge s. Joginde r Singh, a

native and c itiz e n of India , pe titions for re vie w of the B oa rd of Im m igration Appe a l s’ orde r dism issing his a ppe a l from an im

m igration judge ’ s de c ision de ny ing his a pplic at ion for a s y lum , withholding of re m o va l, a nd re lie f unde r the C onve ntion Against Torture(“ C AT” ). W e have jurisdic tion unde r 

# FIL ED D EC 10 2013 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).8 U.S.C . § 1252. W e re v ie w for substa ntia l e vide nc e , Sangha v . IN S , 103 F.3d 1482, 1487 (9th C ir. 1997), a n d we de ny

the pe tition for re vie w. Singh te s tifie d tha

t, during both of his a

rre sts, polic e que s tione d

him a bout two re c e nt c rim e s a

n d Singh’ s involve m e nt in the m . Substa nt ia l e vide n c e supports the a ge nc y ’ s finding tha

t, e ve n if c re dible , Singh fa ile d to e sta blish pa st pe rse c ution or a we l l-founde d fe ar of future pe rse c ution on a c c ount of a prote c te d ground. Se eDinu v . Ashc roft , 372 F.3d 1041, 1044-45 (9th C i r. 2004) (re c ord supporte d the a ge nc y ’ s finding tha t polic e we re pursuing le g itim ate goa l of finding e vide nc e of c rim e ). Ac c ordingly , Singh’ s a sy lum and withholding of re

m ova l c la im s fa il. Se eid. at 1045. Substa ntia l e v i de nc e a lso supports the a ge nc y ’ s de nia l of C AT re lie f be c a u se Singh fa ile d to e sta

blish it is m

ore like ly tha n not tha t he will betorture d if re turne d to India . Se eSingh v . Gonzale s , 439 F.3d 1100, 1113 (9th C ir. 2006). PE T IT IO N FO R RE V IE WDE NIE D.

1 1 - 7 3 7 5 7 2
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#### UNITED STATES of America, Appellant, v. Clinton L. MCGHEE, Appellee.

No. 05-1975.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 13, 2005.

Filed: March 24, 2006.

Bruce Wellesley Gillan, U.S. Attorney’s Office, Omaha, NE, for Appellant.

Alan G. Stoler, Omaha, NE, for Appel-lee.

Clinton L. McGhee, Oxford, WI, pro se.

Before BYE, BEAM, and GRUENDER, Circuit Judges.

PER CURIAM.

The government appeals Clinton McGhee’s sentence. McGhee pleaded guilty to possession with intent to distribute crack cocaine and possession of a firearm. At sentencing, the government sought to enhance his sentence because he recklessly created a substantial risk of death or serious bodily injury to others when he fled from the police. The district court found that it could not apply the enhancement because the enhancement had not been alleged in the indictment or admitted by the defendant at the time of the plea, citing *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). According to the presentence investigation report (PSR), the pertinent factual portions of which the defendant did not object to, with the enhancement, the defendant’s guidelines range would have been 235 to 293 months for the drug charge. Without the sentencing enhancement, the district court determined that the range was 188 to 235 months for the drug charge, and sentenced McGhee to 192 total months (132 months for the drug charge, and a consecutive statutorily mandated 60-month sentence for the gun charge).

*606We reverse. In *Booker,*the Court specifically held that sentencing factors need not be proven beyond a reasonable doubt so long as the guidelines are non-mandatory. *Id.*at 233, 244-47, 125 S.Ct. 738. The Court’s remedial portion of the *Booker*opinion rendered the guidelines advisory. *Id.*at 244-47, 125 S.Ct. 738. Our post-*Booker*jurisprudence adheres to this principle, and clearly sets forth the standards district courts should use in sentencing. *United States v. Haack,*403 F.3d 997, 1002-03 (8th Cir.) (outlining sentencing procedure, and noting that a sentencing judge is entitled to find facts appropriate for determining either a guidelines or a non-guidelines sentence), *cert. denied,*— U.S.-, 126 S.Ct. 276, 163 L.Ed.2d 246 (2005); *United States v. Shannon,*414 F.3d 921, 923 (8th Cir.2005) (setting forth the district court’s *post-Booker*sentencing procedure).

The district court erroneously refused to consider the unobjected-to facts in the PSR when calculating McGhee’s guidelines sentence. Considering the disparity between the PSR’s calculated range and the range ultimately applied by the district court, the error was not harmless. Accordingly, we reverse and remand for re-sentencing. *See United States v. Mashek,*406 F.3d 1012, 1016-17 (8th Cir.2005) (noting that if the sentence imposed was the result of miscalculating the guidelines, we remand for re-sentencing absent harmless error).
hpev_ex1040.htm




EXHIBIT 10.40


 







  





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[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Page 44641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18903]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Initial Review 
Group; Neuroscience of Aging Review Committee NIA-N.
    Date: September 27-28, 2018.
    Time: 8:00 a.m. to 1:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD 
20814.
    Contact Person: Greg Bissonette, Ph.D., Scientific Review 
Officer, Scientific Review Branch, National Institute on Aging, 7201 
Wisconsin Avenue, Gateway Building, Suite 2W200, Bethesda, MD 20892, 
301-402-1622, <a href="/cdn-cgi/l/email-protection#02606b71716d6c677676676560426f636b6e2c6c6b6a2c656d74"><span class="__cf_email__" data-cfemail="60020913130f0e051414050702200d01090c4e0e09084e070f16">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: August 27, 2018.
David D. Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-18903 Filed 8-30-18; 8:45 am]
 BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
From: Bahner, Mark A. To: "Dean Lesch (dlesch@enviroair.net)" Subject: EviroAir Sweat Furnaces (formerly CORECO) Date: Tuesday, December 11, 2007 2:55:00 PM

Mr. Dean Lesch EnviroAir, Inc. (CORECO) 262-594-5891

Dear Mr. Lesch:

Thank you for speaking with me on the phone today. I’d like to confirm what you told me regarding your company’s sale of sweat furnaces. You said that your company has not sold any sweat furnaces since 1997 or 1998, and you’re not sure how many furnaces that were sold prior to that time are still in operation.

Do I have this information correct?

Thank you,

Mark Bahner Research Environmental Engineer

Mark A. Bahner RTI, International P.O. Box 12194
, 3040 Cornwallis Road Research Triangle Park

, NC 27709-2194



### Phone: (919) 541-6016 Fax: (919) 541-7155 Email: bahner@rti.org Internet: http://www.rti.org
I

103D CONGRESS

2D SESSION H. R. 3846

To repeal the quota and price support programs for peanuts.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 10, 1994

Mr. ARMEY (for himself and Mr. JACOBS) introduced the following bill; which

was referred to the Committee on Agriculture

A BILL

To repeal the quota and price support programs for peanuts.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REPEAL OF PEANUT QUOTA AND PRICE SUP4 PORT PROGRAMS.

5 (a) MARKETING QUOTAS.—Part VI of subtitle B of

6 title III of the Agricultural Adjustment Act of 1938 (7

7 U.S.C. 1357–1359a), relating to peanuts, is repealed.

8 (b) PRICE SUPPORT LEVELS.—The Agricultural Act

9 of 1949 (7 U.S.C. 1441 et seq.) is amended—

10 (1) in section 101(b) (7 U.S.C. 1441(b)), by

11 striking ‘‘and peanuts’’;
2

•HR 3846 IH

1 (2) in section 408(c) (7 U.S.C. 1428(c)), by

2 striking ‘‘peanuts,’’; and

3 (3) by striking sections 108, 108A, and 108B,

4 relating to peanuts (7 U.S.C. 1445c through 1445c–

5 3).

6 (c) PROHIBITION ON SUBSEQUENT PROVISION OF

7 PRICE SUPPORT.—

8 (1) PROHIBITION.—After the date of the enact9 ment of this Act, the Secretary of Agriculture may

10 not make price support available to peanut produc11 ers in the form of loans, purchases, or other oper12 ations for peanuts by using the funds of the Com13 modity Credit Corporation or under the authority of

14 any law.

15 (2) EXCEPTION.—Notwithstanding paragraph

16 (1), the Secretary shall settle any outstanding loans

17 under section 108B of the Agricultural Act of 1949

18 (7 U.S.C. 1445c–3) made before the date of the en19 actment of this Act.

20 (d) CONTINUED LIABILITY OF PRODUCERS.—An

21 amendment made by this section shall not affect the liabil22 ity of any person under any provision of law as in effect

23 before the date of the enactment of this Act.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6270

THOMAS SHANE MATHERLY,

Petitioner - Appellant,

v.

JUSTIN ANDREWS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. James C. Dever III, Chief District Judge. (5:13-hc-02077-D)

Submitted: June 29, 2017 Decided: July 10, 2017

Before TRAXLER, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas Shane Matherly, Appellant Pro Se. Michael Lockridge, Special Assistant United 

States Attorney, Butner, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Thomas Shane Matherly, a federal prisoner, appeals the district court’s order 

determining, after remand from this court, that Matherly was in the legal custody of the 

Bureau of Prisons when the government filed a certificate designating Matherly as a 

sexually dangerous person, and therefore denying relief on his 28 U.S.C. § 2241 (2012)

petition. We have reviewed the record and find no reversible error. Accordingly, we 

affirm for the reasons stated by the district court. Matherly v. Andrews, No. 

5:13-hc-02077-D (E.D.N.C. Feb. 21, 2017). We dispense with oral argument because the 

facts and contentions are adequately presented in the materials before this court and 

argument would not aid the decisional process.

AFFIRMED
V

103D CONGRESS

2D SESSION H. R. 4090

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise

trade for the vessel SEASCAPE.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1994

Mr. MCMILLAN introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

SEASCAPE.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That notwithstanding section 27 of the Merchant Marine

4 Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886

5 (46 App. U.S.C. 289), and section 12106 of title 46,

6 United States Code, the Secretary of Transportation may

7 issue a certificate of documentation with appropriate en8 dorsement for employment in the coastwise trade for the
2

•HR 4090 IH

1 vessel SEASCAPE (United States official number

2 941448).

Æ
#### The People of the State of New York, Respondent, v James Skelton, Appellant.

[735 NYS2d 758]

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.), rendered on or about April 26, 2000, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court *233or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur— Sullivan, J.P., Rosenberger, Lerner, Rubin and Buckley, JJ.
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.                  

###### State Justice Institute

# AGENCY:

State Justice Institute.

# ACTION:

Notice of meeting.

# SUMMARY:

                        The SJI Board of Directors will be meeting on Monday, September                               ( print page 44120)                            10, 2018 at 1:30 p.m. The meeting will be held at the Nebraska Supreme Court, State Capitol, Law Library Reading Room, 1445 K Street, Lincoln, Nebraska. The purpose of this meeting is to consider grant applications for the 4th quarter of FY 2018, and other business. All portions of this meeting are open to the public.                    

# ADDRESSES:

Nebraska Supreme Court, State Capitol, Law Library Reading Room, 1445 K Street, Lincoln, Nebraska, 68509.

# FOR FURTHER INFORMATION CONTACT:

                        Jonathan Mattiello, Executive Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571-313-8843,                         *contact@sji.gov.*

Jonathan D. Mattiello,

Executive Director.

[FR Doc. 2018-18681 Filed 8-28-18; 8:45 am]

 BILLING CODE P