alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Page 14417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5709]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMT922200-12-L13100000-FI0000-P;NDM 90965 and NDM 90966]


Notice of Proposed Reinstatement of Terminated Oil and Gas leases 
NDM 90965 and NDM 90966

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: Per 30 U.S.C. 188(d), Oasis Petroleum North America LLC timely 
filed a petition for reinstatement of competitive oil and gas leases 
NDM 90965 and NDM 90966, McKenzie County, North Dakota. The lessee paid 
the required rentals accruing from the date of termination.
    No leases were issued that affect these lands. The lessee agrees to 
new lease terms for rentals and royalties of $10 per acre and 16\2/3\ 
percent. The lessee paid the $500 administration fee for the 
reinstatement of each lease and $163 cost for publishing this Notice.
    The lessee met the requirements for reinstatement of the leases per 
Sec. 31 (d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). 
We are proposing to reinstate the leases, effective the date of 
termination subject to:
    <bullet> The original terms and conditions of the leases;
    <bullet> The increased rental of $10 per acre;
    <bullet> The increased royalty of 16\2/3\ percent; and
    <bullet> The $163 cost of publishing this Notice.

FOR FURTHER INFORMATION CONTACT: Teri Bakken, Chief, Fluids 
Adjudication Section, Bureau of Land Management Montana State Office, 
5001 Southgate Drive, Billings, Montana 59101-4669, 406-896-5091, 
<a href="/cdn-cgi/l/email-protection#c296a7b0ab9d80a3a9a9a7ac82a0aeafeca5adb4"><span class="__cf_email__" data-cfemail="144071667d4b56757f7f717a547678793a737b62">[email protected]</span></a>.
    Persons who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact the above individual during normal business hours. The FIRS is 
available 24 hours a day, 7 days a week, to leave a message or question 
with the above individual. You will receive a reply during normal 
business hours.

Teri Bakken,
Chief, Fluids Adjudication Section.
[FR Doc. 2012-5709 Filed 3-8-12; 8:45 am]
BILLING CODE 4310-DN-P


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Exhibit 32.2

Certification pursuant to 18 U.S.C. Section 1350,

as Adopted pursuant to Section 906 of
the

Sarbanes-Oxley Act of 2002

In
connection with the Quarterly Report on Form 10-Q of KBS Real Estate Investment Trust, Inc. (the Registrant) for the quarter ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Stacie K. Yamane, the Chief Financial Officer and Chief Accounting Officer of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of her knowledge and belief:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ---------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 14, 2008



/s/ Stacie K. YamaneStacie K. YamaneChief Financial Officer and Chief Accounting Officer
United States Court of Appeals

for the Fifth Circuit ____________

No. 23-10081

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Gary Von Bennett, 

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 3:21-CR-427-1

______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

Gary Von Bennett pleaded guilty to possession of a firearm after a 

felony conviction, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The 

district court sentenced him to 108 months of imprisonment and three years 

of supervised release. Bennett contends that § 922(g)(1) is unconstitutional 

because it exceeds Congress’s power under the Commerce Clause and that 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2023

Lyle W. Cayce

Clerk

Case: 23-10081 Document: 00516936006 Page: 1 Date Filed: 10/18/2023
No. 23-10081

2

§ 922(g) should be construed to require either recent movement of a firearm 

across state lines or movement of a firearm across state lines in response to 

the defendant’s conduct. However, he correctly concedes that these 

arguments are foreclosed by Scarborough v. United States, 431 U.S. 563 (1977), 

and United States v. Alcantar, 733 F.3d 143 (5th Cir. 2013), and he merely 

raises these issues to preserve them for further review. The Government has 

moved for summary affirmance, or, alternatively, for an extension of time to 

file a brief. 

Because summary affirmance is appropriate, see Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion 

for summary affirmance is GRANTED, the Government’s alternative 

motion for an extension of time to file a brief is DENIED, and the district 

court’s judgment is AFFIRMED. 

Case: 23-10081 Document: 00516936006 Page: 2 Date Filed: 10/18/2023
#### People ex rel. Kenneth Maula, Appellant, v Lloyd Freckleton, as Warden, Respondent.

Motion to be released on bail granted only to extent of continuing interim relief granted by a Justice of this Court on April 9, 1991, on the same terms and conditions as stated therein, and on the further condition that petitioner perfect his appeal for the September 1991 Term. Concur—Carro, Rosenberger, Kupferman and Rubin, JJ.

Sullivan, J. P.,

dissents in a memorandum as follows: Quite apart from the dubious merit of the underlying claim, peti*220tioner’s grievance is, in any event, beyond habeas corpus review. *(People ex rel. Douglas v Vincent,*50 NY2d 901, 903, *affg*67 AD2d 587.) "A writ of habeas corpus can neither be utilized to review claimed errors already passed on in an earlier appeal * * * nor issues which could have been raised on appeal but were not”. *(People ex rel. Knox v Smith,*60 AD2d 789, *lv denied*43 NY2d 647; *see, People ex rel. Sedlak v Foster,*299 NY 291; *compare,*CPL 440.10.) On successive appeals from the instant conviction, petitioner failed to raise the double jeopardy claim he now advances, limiting himself, in each instance, to a sentence issue.

Thus, the motion for petitioner’s release on bail, pending appeal of the dismissal of his writ, should, in all respects, be denied.
##### 



EXHIBIT 32.1


CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER


REQUIRED BY
RULE 13a-14(b) OF
THE


SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND


18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002.


13a-14(b)




| |                                                                                                                                                                                                                                                                 
| | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (i) the Annual Report on
    Form 10-K of the
    Company for the year ended December 31, 2006 (the
    Report) fully complies with the requirements of
    Section 13(a) or 15(d), as applicable, of the Securities
    Exchange Act of 1934, as amended; and
|
| | (ii) the information contained in the Report fairly
    presents, in all material respects, the financial condition and
    results of operations of the Company.                                                                                               



| |                               
| | ------------------------------
| | /s/ RODNEY D. KENT            
| |                               
| | Name: Rodney D. Kent          
| | Title: Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          18,425
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                35,600
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     38,042
<INVESTMENTS-CARRYING>                          19,156
<INVESTMENTS-MARKET>                            19,247
<LOANS>                                        167,788
<ALLOWANCE>                                      5,514
<TOTAL-ASSETS>                                 291,530
<DEPOSITS>                                     266,931
<SHORT-TERM>                                       820
<LIABILITIES-OTHER>                              2,326
<LONG-TERM>                                         80
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        13,587
<OTHER-SE>                                       7,784
<TOTAL-LIABILITIES-AND-EQUITY>                 291,530
<INTEREST-LOAN>                                 19,231
<INTEREST-INVEST>                                2,589
<INTEREST-OTHER>                                 1,573
<INTEREST-TOTAL>                                23,393
<INTEREST-DEPOSIT>                               9,265
<INTEREST-EXPENSE>                               9,289
<INTEREST-INCOME-NET>                           14,104
<LOAN-LOSSES>                                    6,153
<SECURITIES-GAINS>                                  46
<EXPENSE-OTHER>                                 13,582
<INCOME-PRETAX>                                  (574)
<INCOME-PRE-EXTRAORDINARY>                       (574)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (161)
<EPS-PRIMARY>                                   (0.10)
<EPS-DILUTED>                                   (0.10)
<YIELD-ACTUAL>                                    9.59
<LOANS-NON>                                      7,585
<LOANS-PAST>                                       328
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  6,166
<ALLOWANCE-OPEN>                                 4,053
<CHARGE-OFFS>                                    4,719
<RECOVERIES>                                        27
<ALLOWANCE-CLOSE>                                5,514
<ALLOWANCE-DOMESTIC>                             5,514
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
WALTON COUNTY, WALTON COUNTY BOARD OF COUNTY COMMISSIONERS, WAYNE DYESS, AND BILLY BEARDEN , Appellant s ,

v. SANDESTIN INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY , Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
CASE NO. 1D 14

- 2533

_____________________________/ Opinion filed October 14, 2014. An appeal from the Circuit Court for Walton County

. Kelvin C. Wells , Judge

. Mark D. Davis and Sidney N. Noyes, Office of the County Attorney, DeFuniak Springs , for Appellant s . Dana C. Matthews, Scott M. Work, and Dana C. Matthews II of Matthews & Jones, LLP, Destin , for Appellee.

PER CURIAM.Appellant seeks review of a non

- f inal order granting Appellee’s request for a temporary injunction. We remand for further proceedings consistent with this opinion. As this Court has previously held, the issuance of a temporary injunction is an extraordinary remedy which must be based on a showing of the following criteria: “(1) the likelihood of irreparable harm; (2) the unavailability of an adequate remedy at law; (3) substantial likelihood of success on the merits; and (4) considerations of public interest.” Tom v. Russ , 752 So. 2d 1250, 1251 (Fla. 1st DCA 2000) (citing Spradley v. Old Harmony Baptist Church , 721 So. 2d 735, 737 (Fla. 1st DCA 1998) )

. Pursuant to Florida Rule of Civil Procedure 1.610, a trial court’s order granting injunctive relief must “specify the reasons for the entry” of the injunction. This Court has emphasized that “[c]lear, definite, and unequivocally sufficient factual findings must support each of the four conclusions necessary to justify entry of a preliminary injunction.” Spradley , 721 So. 2d at 737 (qu oting City of Jacksonville v. Naegele Outdoor Adver. Co. , 634 So. 2d 750, 754 (Fla. 1st DCA 1994)). The order on appeal failed to address any of the four criteria necessary for the issuance of an injunction and failed to set forth any factual findings i n support of th e required criteria. Accordingly, we remand with instructions to the trial court

2to either enter an order that satisfies all the requirements for entry of a temporary injunction or, if appropriate, an order denying the injunction.
REVERSED and REMANDED

. THOMAS, ROBERTS, and CLARK, JJ., CONCUR.

3
# L_2006003EN.01001101.xml

| 6.1.2006 | EN | Official Journal of the European Union | L 3/11 |
| --- | --- | --- | --- |

6.1.2006

EN

Official Journal of the European Union

L 3/11

---

COMMISSION REGULATION (EC) No 10/2006

of 5 January 2006

fixing the maximum export refund for white sugar to certain third countries for the 16th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

| (2) | Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. |
| --- | --- |

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the 16th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1138/2005 the maximum amount of the export refund shall be 36,900 EUR/100 kg.

Article 2

This Regulation shall enter into force on 6 January 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 January 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 185, 16.7.2005, p. 3.

2

---
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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 Health and Human Services

###### Centers for Disease Control and Prevention

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces the aforementioned meeting:
      ( print page 12845)    
*Time and Date:*                         11 a.m.-5 p.m., April 10, 2012 (Closed).                    

*Place:*                         Teleconference.                    

*Status:*                         The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.                    

*Matters To Be Discussed:*                         The meeting will include the initial review, discussion, and evaluation of applications received in response to “Development and Evaluation of a Clinic-Based Screening and Brief Intervention for Changing Behaviors Related to Cytomegalovirus Transmission in Pregnant Women, FOA DD12-005, initial review.”                    

*For Further Information Contact:*                         M. Chris Langub, Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, NE., Mailstop F-46, Atlanta, Georgia 30341, Telephone: (770) 488-3585.                    

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Dated: February 23, 2012.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 2012-5085 Filed 3-1-12; 8:45 am]

BILLING CODE 4163-18-P