alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Linda R. Reade, United States District Judge for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-3202

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Northern District of Iowa. Brian Edward Bassett, *

C [PUBLISHED] Appellant. *

___________ Submitted: April 21, 2005 Filed: May 6, 2005

___________ Before MELLOY, McMILLIAN, and GRUENDER, Circuit Judges.

___________ PER CURIAM. Brian Bassett appeals the 90-month sentence the district court 1 imposed after he pleaded guilty to possessing child pornography in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2), and transporting and shipping child pornography in violation of 18 U.S.C. §§ 2252A(a)(1) and (b)(1). Bassett argues that the district court committed reversible error by applying--over his objection under Blakely v. Washington , 124 S. Ct. 2531, 2536-43 (2004)--certain sentence enhancements based on facts that were neither admitted nor proved to a jury.-2- The Supreme Court recently decided that the reasoning in Blakelyapplies to the federal Sentencing Guidelines, and “[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.” See United States v. Booker , 125 S. Ct. 738, 756 (2005). Here, b ecause the supporting facts were not admitted or proved to a jury, application of the challenged enhancements violated Bassett’s Sixth Amendment rights. The district court, however, announced an alternative (though identical) 90-month sentence, which the court stated was based on the use of its discretion after “consider[ing] all of the factors set forth at 18 [U.S.C. §] 3553(a).” (Sent. Tr. at 58-59.) We therefore conclude that the Sixth Amendment error did not affect the ultimate sentence and was harmless beyond a reasonable doubt. See United States v. Dominguez Benitez , 124 S. Ct. 2333, 2339 (2004) (error affects substantial rights if it has prejudicial effect on outcome of judicial proceeding); Neder v. United States , 527 U.S. 1, 7-8 (1999) (for all preserved constitutional errors other than “very limited class” determined to be “structural,” reviewing court must disregard all errors that are harmless beyond reasonable doubt; error is harmful if it affects substantial rights). Further, Bassett’s sentence was not unreasonable. See Booker , 125 S. Ct. at 764-67.
Accordingly, we affirm.

______________________________
I 

113TH CONGRESS 

1ST SESSION H. R. 3419 

To amend the Internal Revenue Code of 1986 to exempt certain small businesses from the employer health insurance mandate and to modify the 

definition of full-time employee for purposes of such mandate. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

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

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to exempt 

certain small businesses from the employer health insurance mandate and to modify the definition of full-time 

employee for purposes of such mandate. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Fair5 ness in Obamacare Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 3419 IH

1 SEC. 2. RESTRICTIONS ON APPLICATION OF EMPLOYER 

2 HEALTH INSURANCE MANDATE. 

3 (a) EXCEPTION FOR SMALL BUSINESS CONCERNS.— 

4 Section 4980H(c)(2) of the Internal Revenue Code of 

5 1986 is amended by adding at the end the following new 

6 subparagraph: 

7 ‘‘(F) EXCEPTION FOR SMALL BUSINESS

8 CONCERNS.—The term ‘applicable large em9 ployer’ shall not include any employer which is 

10 a small business concern (within the meaning of 

11 section 3 of the Small Business Act).’’. 

12 (b) DEFINITION OF FULL-TIME EMPLOYEE.—Sec13 tion 4980H(c) of such Code is amended— 

14 (1) in paragraph (2)(E), by striking ‘‘by 120’’ 

15 and inserting ‘‘by 174’’, and 

16 (2) in paragraph (4)(A), by striking ‘‘30 hours’’ 

17 and inserting ‘‘40 hours’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to months beginning after Decem20 ber 31, 2013. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Fw: NOx/SOx draft NPR version responding to your comments from yesterday

Jan King to: Sherry Russell 07/12/2011 09:14 AM

Jan King

Regulatory Development and Policy Analysis Group

phone: (919) 541-5665

fax: (919) 541-2664

Mailcode: C404-05

----- Forwarded by Jan King/RTP/USEPA/US on 07/12/2011 09:14 AM -----

From: Lydia Wegman/RTP/USEPA/US

To: "Laity, James A." <James_A._Laity@omb.eop.gov>

Cc: Karen Martin/RTP/USEPA/US@EPA, John Hannon/DC/USEPA/US@EPA, Jan 

King/RTP/USEPA/US@EPA

Date: 07/07/2011 05:03 PM

Subject: NOx/SOx draft NPR version responding to your comments from yesterday 

Jim, 

Attached is a redline draft of the NOx/SOx NPR which shows our response to your comments, compared 

to the version that I sent you earlier today. We would be happy to have a phone meeting if you have any 

questions about the way in which we addressed your comments. Please let me know how you would like 

to proceed from here. 

You had said you had additional technical comments. If you do, it would be helpful if you can mark them 

on this version, but if you have already noted them on the earlier version I sent you this morning, that is 

fine.
EXHIBIT
32.A




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 for the period ending June 30,
2008, of Tennessee Gas Pipeline Company (the “Company”) as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I,
James C. Yardley, Chairman of the Board and President, certify (i)
that the Report fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended, and (ii) that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the
Company.
   
 /s/ James
      C. YardleyJames
      C. YardleyChairman
      of the Board and President(Principal
      Executive Officer)Tennessee
      Gas Pipeline CompanyAugust
      8, 2008
        A signed
original of this written statement required by Section 906 has been provided to
Tennessee Gas Pipeline Company and will be retained by Tennessee Gas Pipeline
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
#### Kirk, Appellee, *v.*Board of Commissioners of Columbiana County, Appellant, et al.

(No. 28220

Decided November 20, 1940.)

*349
      *Mr. W. B. Moore*and *Mr. H. L. McCarthy,*for appellee.

*Mr. Karl T. Stouffer,*prosecuting attorney, for appellant.

*350By the Court.

The judgment of affirmance was entered by the Court of Appeals in the present proceeding prior to our decision in *State, ex rel. Cox,*v. *Hooper, County Aud., ante,*222, 28 N. E. (2d), 598.

The facts in the case at bar bring it within the principle announced in the case cited.

The judgment of the Court of Appeals will be reversed and final judgment entered for the appellant.

*Judgment reversed and final judgment for appellant.*

Weygandt, C. J., Day, Zimmerman, Williams, Matthias, Hart and Turner, JJ., concur.
#### J. S. McHARGUE, appellant, v. THE VAN B. SMITH CO., Inc., appellee.

Court of Appeals of Kentucky.

Feb. 12, 1954.

Elmer Drake, Lexington, for appellant.

Taylor G. Smith, Lexington, for appellee.

PER CURIAM.

Motion for an appeal from a judgment of the Fayette Circuit Court awarding ap-pellee $455, the purchase price of a power saw, which it is alleged was purchased by appellee’s agent.

We think the evidence was sufficient on the question of agency to create an issue of fact for the jury.

The motion for an appeal is overruled and the judgment is affirmed.
IB 

Union Calendar No. 275 

113TH CONGRESS 

2D SESSION H. R. 3492 

[Report No. 113–369] 

To provide for the use of hand-propelled vessels in Yellowstone National 

Park, Grand Teton National Park, and the National Elk Refuge, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2013 

Mrs. LUMMIS (for herself and Mr. BISHOP of Utah) introduced the following 

bill; which was referred to the Committee on Natural Resources 

FEBRUARY 28, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on November 14, 2013] 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 3492 RH

A BILL 

To provide for the use of hand-propelled vessels in Yellowstone National Park, Grand Teton National Park, and 

the National Elk Refuge, and for other purposes. 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•HR 3492 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘River Paddling Protec5 tion Act’’. 

6 SEC. 2. REGULATIONS SUPERSEDED. 

7 (a) IN GENERAL.—The rivers and streams of Yellow8 stone National Park and Grand Teton National Park shall 

9 be open to hand-propelled vessels as determined by the direc10 tor of the National Park Service within 3 years of the date 

11 of enactment of this Act. Beginning on the date that is 3 

12 years after the date of enactment of this Act, the following 

13 regulations shall have no the force or effect regarding closing 

14 rivers and streams of Yellowstone National Park and Grand 

15 Teton National Park to hand-propelled vessels: 

16 (1) Section 7.13(d)(4)(ii) of title 36, Code of 

17 Federal Regulations, regarding vessels on streams and 

18 rivers in Yellowstone National Park. 

19 (2) Section 7.22(e)(3) of title 36, Code of Federal 

20 Regulations, regarding vessels on lakes and rivers in 

21 Grand Teton National Park. 

22 (b) COORDINATION OF RECREATIONAL USE.—The Fish 

23 and Wildlife Service shall coordinate any recreational use 

24 of hand-propelled vessels on the Gros Ventre River within 

25 the National Elk Refuge with Grand Teton National Park 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•HR 3492 RH

1 to ensure such use is consistent with the requirements of 

2 the National Wildlife Refuge Administration Act. 


tkelley on DSK3SPTVN1PROD with BILLS

tkelley on DSK3SPTVN1PROD with BILLS
Union Calendar No. 275 

113TH CONGRESS 

2D SESSION H. R. 3492 

[Report No. 113–369] 

A BILL 

To provide for the use of hand-propelled vessels in 

for other purposes. tional Park, and the National Elk Refuge, and Yellowstone National Park, Grand Teton NaFEBRUARY 28, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


tkelley on DSK3SPTVN1PROD with BILLS
[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Page 65865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28106]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health,


National Cancer Institute; Notice of Closed Meeting.

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), 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 Cancer Institute Special Emphasis 
Panel Molecular Target Drug Discovery For Cancer: Exploratory 
Grants.
    Date: November 29-December 1, 2000.
    Time: 6:30 pm to 9:00 pm.
    Agenda: To review and evaluate grant applications.
    Place: Double Tree Hotel, 1750 Rockville Pike, Rockville, MD 
20852.
    Contact Person: Thomas M. Vollberg, PHD, Scientific Review 
Administrator, Special Review, Referral and Resources Branch, 
Division of Extramural Activities, National Cancer Institute, 
National Institute of Health, 6116 Executive Boulevard, Room 8049, 
Rockville, MD 20852, 301/594-9582.
(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: October 25, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-28106 Filed 11-01-00; 8:45 am]
BILLING CODE 4140-01-M
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 Energy

# AGENCY:

U.S. Department of Energy. 

# ACTION:

Designation of PRB Chair.

# SUMMARY:

This notice designates the Performance Review Board Chair for the Department of Energy. 

# EFFECTIVE DATE:

The appointment is effective as of September 30, 2000. 

## Performance Review Board Chair 

David L. Hamer, Department of Energy.

Issued in Washington, DC October 26, 2000.

David M. Klaus, 

Director of Management and Administration.

[FR Doc. 00-28159 Filed 11-1-00; 8:45 am] 

BILLING CODE 6450-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-1448

STEVEN PAUL FLEMING,

Plaintiff - Appellant,

versus

PRINCE GEORGES COUNTY, MARYLAND; PRINCE

GEORGES COUNTY, Courthouse,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-98-

3624-MJG)

Submitted: August 5, 1999 Decided: August 10, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Steven Paul Fleming, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Steven Paul Fleming appeals the district court’s order denying

Fleming’s motion to reopen his civil action and declining to extend

the time in which to file a notice of appeal. We have reviewed the

record and the district court’s opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. See Fleming v. Prince Georges County, No. CA-98-3624-MJG

(D. Md. Mar. 23, 1999). 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
<PAGE>

                                                                      Exhibit 12

                          Terra Nova (Bermuda) Holdings
                       Ratio of Earnings to Fixed Charges

                             (Dollars in Thousands)
<TABLE>
<CAPTION>


                                         3 months ended                                Year Ended
                                            March 31,                                 December 31,
                                       -----------------   ---------------------------------------------------------------------
                                              2002             2001           2000           1999          1998          1997
                                       -----------------   ---------------------------------------------------------------------
<S><C>
Earnings:

Earnings from continuing operations
     before income taxes                     $5,115          $(180,223)    $(144,726)      $(72,602)     $101,261       $91,049
Fixed charges                                 3,381             13,844        14,069         13,874        15,098        14,064
                                             -------       ---------------------------------------------------------------------
     Earnings from continuing operations,

        as adjusted                          $8,496          $(166,379)    $(130,657)      $(58,728)     $116,359      $105,113
                                             =======       =====================================================================

Fixed Charges:

Interest Expense                             $3,065            $12,365       $12,400        $12,400       $13,697       $12,710

Portion of rental expense representative
     of interest                                316              1,479         1,669          1,474         1,401         1,354
                                             -------       ---------------------------------------------------------------------
     Fixed Charges                           $3,381            $13,844       $14,069        $13,874       $15,098       $14,064
                                             =======       =====================================================================

Ratio of Earnings to Fixed Charges              2.5              -12.0          -9.3           -4.2           7.7           7.5

Deficiency in the coverage of fixed charges

     by earnings before fixed charges            $-           $180,223      $144,726        $72,602            $-            $-

</TABLE>


Notes:
-----
o    The Company's consolidated insurance company subsidiaries are subject to
     certain regulatory restrictions on the payment of dividends or advances to
     the Company.
<PAGE>   1
                                                                    EXHIBIT 23.1


                        Consent of Independent Auditors


     We consent to the incorporation by reference in the Registration
Statements and in the related prospectuses of ISS Group, Inc. listed below of
our report dated January 21, 2000, with respect to the consolidated financial
statements and schedule of ISS Group, Inc. included in this Annual Report (Form
10-K) for the year ended December 31, 1999:

          Registration Statement No. 333-53279 on Form S-8 (Restated 1995 Stock
          Incentive Plan)

          Registration Statement No. 333-89563 on Form S-8 (ISS Group Inc. 1995
          Stock Incentive Plan, 1999 Employee Stock Purchase Plan, 1999
          International Employee Stock Purchase Plan, Netrex, Inc. 1998 Stock
          Plan)

          Registration Statement No. 333-87557 on Form S-3 for the registration
          of 723,987 shares of Common Stock

                                                  /s/ ERNST & YOUNG LLP

Atlanta, Georgia
March 29, 2000
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
        This  schedule   contains   summary   information   extracted  from  the
        consolidated balance sheets and consolidated  statement of operations of
        European  Micro  Holdings,  Inc. and the notes  thereto set forth in the
        filing.  This  information  is qualified in its entirety by reference to
        such financial information.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>                              Jun-30-1999
<PERIOD-START>                                 Jul-01-1998
<PERIOD-END>                                   Jun-30-1999
<CASH>                                         3,547
<SECURITIES>                                   0
<RECEIVABLES>                                  15,017
<ALLOWANCES>                                   79
<INVENTORY>                                    7,232
<CURRENT-ASSETS>                               27,809
<PP&E>                                         1,410
<DEPRECIATION>                                 798
<TOTAL-ASSETS>                                 30,599
<CURRENT-LIABILITIES>                          15,965
<BONDS>                                        23
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       49
<OTHER-SE>                                     14,294
<TOTAL-LIABILITY-AND-EQUITY>                   30,599
<SALES>                                        132,206
<TOTAL-REVENUES>                               132,206
<CGS>                                          121,120
<TOTAL-COSTS>                                  9,151
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               56
<INTEREST-EXPENSE>                             446
<INCOME-PRETAX>                                1,604
<INCOME-TAX>                                   750
<INCOME-CONTINUING>                            854
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   854
<EPS-BASIC>                                  0.17
<EPS-DILUTED>                                  0.17



</TABLE>
[Federal Register Volume 65, Number 213 (Thursday, November 2, 2000)]
[Notices]
[Page 65868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28114]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institutes of Mental Health; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute of Mental Health Special Emphasis Panel, October 24, 2000, 
8:30 AM to October 25, 2000, 5 PM, Ramada Inn, 8400 Wisconsin Avenue, 
Bethesda, MD 20814 which was published in the Federal Register on 
October 17, 2000, 65 FR 61346.
    The meeting will be held at the same place on October 24, 2000, 
from 8:30 AM to 3 PM and reconvene that day at 3:30 PM to recess and 
then the meeting will reconvene on October 25, 2000, at 8:30 AM to 
adjournment. The meeting is closed to the public.

    Dated: October 24, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-28114 Filed 11-01-00; 8:45 am]
BILLING CODE 4140-01-M