alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 14-1097

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Russell Hart

lllllllllllllllllllll Defendant - Appellant

____________

 Appeal from United States District Court 

for the District of Nebraska - Lincoln

____________

 Submitted: May 23, 2014

Filed: May 30, 2014

[Unpublished]

____________

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.

____________

PER CURIAM.

Russell Hart appeals his sentence of twenty-four months imprisonment and ten

years of supervised release which the district court imposed upon revoking Hart’s 1

The Honorable Richard G. Kopf, United States District Judge for the District 1

of Nebraska.
supervised release. According to Hart, “the district court appeared to consider

appropriate sentencing factors” but erred “in weighing them[,] discounting important

factors while overvaluing others.” Hart argues the district court failed to account for

Hart’s “difficulties while on supervision” and his need and “willingnessto participate

in mental health as well as drug and alcohol treatment.” This, Hart contends, led the

district court to “cho[o]se a sentence and a term of supervision . . . far greater than

necessary to serve federal sentencing purposes.” We conclude, after careful review

of the record, the district court properly considered the relevant sentencing factors,

see 18 U.S.C. §§ 3553(a), 3583(e)(3), did not abuse its discretion, and imposed a

sentence which is not unreasonable. See United States v. Franklin, 397 F.3d 604,

606-07 (8th Cir. 2005); United States v. White Face, 383 F.3d 733, 740 (8th Cir.

2004).

We affirm. See 8th Cir. R. 47B(1), (4).

______________________________

-2-
ALASKA SEAFOOD CBI REPLACEMENT PAGE 

EPA-HQ-OW-2013-0652

DCN: 00316CBI

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-3608-EM; Docket ID FEMA-2024-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of an emergency declaration for the State of North Carolina (FEMA-3608-EM), dated August 6, 2024, and related determinations.

# DATES:

This amendment was issued August 26, 2024.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this emergency is closed effective August 19, 2024.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2024-20447 Filed 9-10-24; 8:45 am]

BILLING CODE 9111-23-P
<PAGE>   1


                                                                   EXHIBIT 10.14

                     1ST AMENDMENT TO EMPLOYMENT AGREEMENT

     The Agreement shall be effective as of the 1st day of August, 1999 between
American Dental Technologies, Inc., a Delaware Corporation (the "Company") and
Ben J. Gallant ("Gallant").

     WHEREAS, the Company and Gallant entered into an Employment Agreement dated
August 1, 1999, and (the "Employment Agreement") and

     WHEREAS, the Company and Gallant desire to extend the Employment Agreement;

     NOW THEREFORE, for good and for valuable consideration, the parties agree
as follows:

     The Employment Agreement is extended from August 1, 1999 through July 31,
2001 on the same terms and conditions with the sole exception being that
Gallant shall be Chief Executive Officer and President of the Company.

     IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day
and year first above written.


                                   American Dental Technologies, Inc.

                                   By: /s/ JOHN VICKERS, III
                                      ----------------------------------------

                                   John Vickers, III, Executive Vice President
                                   and Secretary by Authority of Board of
                                   Directors on October 14, 1999.



                                      /s/ BEN J. GALLANT
                                   --------------------------------------------
                                   Ben J. Gallant
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 Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4796-DR; Docket ID FEMA-2024-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Iowa (FEMA-4796-DR), dated June 24, 2024, and related determinations.

# DATES:

This amendment was issued August 28, 2024.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Iowa is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of June 24, 2024.

Dubuque and Jackson Counties for Public Assistance.

Scott County for Individual Assistance (already designated for Public Assistance).

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2024-20486 Filed 9-10-24; 8:45 am]

BILLING CODE 9111-23-P
No. 1. 2 . 3. 4. 5 . 

# Sign-in Sheet- for Participants Attending and Not Speaking U . S. EPA Public Hearing on the

Name PROPOSED AMENDMENTS TO AIR TOXICS STANDARDS AND NEW SOURCE PERFORMANCE STANDARDS FOR PORTLAND CEMENT MANUFACTURING 

### [August 1 6, 201 2] • [Arlington, Texas] A ffiliation 

### I City 

### I S tate E-mail 

### I Telephon e ) W is h to be a S p eaker ? YIN

P lease Print or Wri te Legib ly Page No.1No . 1. 2. 3. 4 . 5. 6. 7 . 

### 8. 9. 10. 11. 12. 

# Sign-in Sheet- for Participants Attending and Not Speaking U.S. EPA Public Hearing on the PROPOSED AMENDMENTS TO AIR TOXICS STANDARDS AND NEW SOURCE PERFORMANCE STANDARDS FOR PORTLAND CEMENT MANUFACTURING 

## [August 16, 201 2] • [Arlington, Texas] Name Affiliation 

### I City 

### I State E-mail/ Telephone Wish to be a Speaker? YIN 

# fofl s h a CuYYO"

_fOV Pl ease Print 

### or Write Legibly Page No. 1

### No. 104 . 10 5. 106 . 107 .

110 . 111. 11 3. 114. 11 5. 11 6. 

# Sign-in Sheet- for Participants Attending and Not Speaking U.S. EPA Public Hearing on the PROPOSED AMENDMENTS TO AIR TOXICS STANDARDS AND NEW SOURCE PERFORMANCE STANDARDS FOR PORTLAND CEMENT MANUFACTURING 

### [August 16, 201 2] • [Arlington, Texas] Name Affiliation 

### I City 

### I State E-mail I 

### Telephone Wish to be a Speaker? YIN**~**

# Ct.~tk**~** f>C\)fcn.t) • t.J \4

# /J**(L~)Nt:.>w** 

# ITx tV\**~A-7**

P lease Print 

### or Write Leg ibl y Page No . 9
#### Jim HARDIN v. STATE.

No. 15857.

Court of Criminal Appeals of Texas.

Feb. 8, 1933.

See, also, 57 S.W.(2d) 125.

A. C. Chrisman, of Cleburne, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

LATTIMORE, Judge.

Conviction for conspiracy to commit arson; punishment, two years in the penitentiary.

Neither statement of facts nor bills of exception are found in the record. Appellant pleaded guilty. The indictment, the charge of the court, the judgment and sentence appear regular.

The judgment will be affirmed.
EXHIBIT 32.1

      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 of EP MedSystems, Inc. (the
"Company") on Form 10-QSB for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission (the "Report"), each of the undersigned, in
the capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

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

2.       The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operation of
         the Company


Date:  August 11, 2004              /s/ Reinhard Schmidt
                                    --------------------------------------------
                                    Reinhard Schmidt
                                    President and Chief Executive Officer
                                    (Principal Executive Officer)
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

______

No. 10

- 3539

______

DR. KAREN MALLEUS,

Appellant

v.

DR. JOHN J. GEORGE, in his individual capacity; DR. JILL M. HACKMAN, in her individual capacity;
DR. JEFFREY A. CONRAD, in his individual capacity;
INTELLIGENCER JOURNAL/LANCASTER, New Era Editor DOE;

SUNDAY NEWS EDITOR DOE;
LANCASTER NEWSPAPERS, INC.; CINDY STAUFFER

______

On Appeal from the United States District Court for the Eastern District of Pennsylvania
(D.C. No. 5

- 10

- cv

- 01357) District Judge: Honorable Juan R. Sánchez

______

Argued April 15, 2011
Before: FISHER, JORDAN and COWEN, Circuit Judges

.

______

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed May 26,
2011, be ame nded as follows:

Page 3, first paragraph, which read:

Appellant Dr. Karen Malleus appeals the final order of the United States District Court for the Eastern District of Pennsylvania granting John J. George, Jill M. Hackman, and Jeffrey A. Conrad’s

moti on to dismiss Malleus’s 42 U.S.C. § 1983 claim that they violated her Fourteenth Amendment privacy rights. For the reasons
discussed below, we will affirm.shall read: Appellant Dr. Karen Malleus appeals the final order of the

United States District Cou rt for the Eastern District of Pennsylvania granting Dr. John J. George, Dr. Jill M. Hackman, and Dr. Jeffrey A. Conrad’s motion to dismiss Malleus’s 42 U.S.C. § 1983 claim that they violated her Fourteenth Amendment privacy rights. For the

reasons discus sed below, we will affirm.

Page 3, Section I, first paragraph, which read:

Malleus was a school board member for the Warwick School District. George and Hackman were also members of the school board. Conrad was the head of the Warwick Republican Party , and

later a candidate for the school board.

shall read:

Malleus was a school board member for the Warwick School District. George was the superintendent of the Warwick School District. Hackman was the director of pupil services and later the acting a ssistant superintendent of the Warwick School District. Conrad was the head of the Warwick Republican Party, and later a

candidate for the school board.

By the Court,

/s/ D. Michael Fisher Circuit Judge

Dated : June 6, 2011
CHAPTER 11. LIFE-CYCLE COST SUBGROUP ANALYSIS


TABLE OF CONTENTS


11.1 INTRODUCTION ......................................................................................................... 11-1


11-i 

EE-2006-STD-0129 and EERE-2006-BT-STD-0129 COMMENT 32.2
CHAPTER 11. LIFE-CYCLE COST SUBGROUP ANALYSIS 

11.1 INTRODUCTION 

The life-cycle cost (LCC) subgroup analysis evaluates impacts on any identifiable groups 

or customers who may be disproportionately affected by any national energy efficiency standard 

level. The Department of Energy (DOE) will conduct this analysis as one of the analyses for the 

notice of proposed rulemaking. DOE will accomplish this, in part, by analyzing the LCC and 

payback periods (PBPs) for those customers that fall into any identifiable groups. DOE plans to 

evaluate variations in regional energy prices and variations in energy use that might affect the net 

present value of a standard to customer subpopulations. To the extent possible, DOE will obtain 

estimates of each input parameter’s variability and will consider this variability in its calculation 

of customer impacts. DOE plans to perform sensitivity analyses to consider how differences in 

energy use will affect subgroups of customers. 

DOE will determine the impact on customer subgroups using the LCC Spreadsheet 

Model, which allows for different data inputs. The standard LCC analysis (described in Chapter 

8) focuses on the households that use water heaters, direct heating equipment, and pool heaters. 

DOE can use the LCC Spreadsheet Model to analyze the LCC for any subgroup by sampling 

only that subgroup. (Chapter 8 explains in detail the inputs to the model used in determining 

LCC and PBPs.) 

In the case of water heaters, direct heating equipment and pool heaters, some possible 

subgroups DOE may choose to consider are: (1) low-income households, and (2) senior citizens. 

DOE believes that it is likely not necessary to evaluate low-income households for pool heaters, 

since there is very little pool ownership among these households. 

DOE does not apply a rebound effect in the LCC subgroup analysis for the reasons 

discussed in Chapter 8 (i.e., there is no net change in overall consumer benefit with or without 

the rebound effect). 

DOE will be especially sensitive to increases in the purchase price of the equipment due 

to new standards, to avoid negative impacts on identifiable population groups that may not be 

able to afford significant increases in product price. For such customers that are sensitive to price 

increases, increases in first costs of a product can preclude the purchase of a new model of that 

product. As a result, some customers may retain products past their useful life. These older 

products are generally less efficient to begin with, and their efficiency may deteriorate further if 

they are retained beyond their useful life. Increases in first cost also can preclude the purchase 

and use of a product altogether, resulting in a potentially large loss of utility to the customer. 

11-1 

EE-2006-STD-0129 and EERE-2006-BT-STD-0129 COMMENT 32.2
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50892 Conference Calendar

ARTHUR JAMES DAVIS, Plaintiff-Appellant,

versus G.J. SUTTON ET AL., Defendants, G.J. SUTTON; SUTTON & SUTTON MORTUARY, INC.; R.D. WOODARD; ADA MAE GODLEY, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-96-CV-1314

- - - - - - - - - - October 21, 1998 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. PER CURIAM: * Arthur James Davis, Texas state prisoner #477350, appeals from the district court’s dismissal of his civil rights complaint pursuant to 42 U.S.C. § 1983. He argues that the defendants conspired to deprive him of the proceeds of his mother’s life insurance policy. We have reviewed the record and find no reversible error.No. 97-50892 -2- Davis’s motion to alter the district court’s judgment assessing a $.75 partial filing fee is DENIED. This appeal is frivolous. It is DISMISSED. See 5 TH C IR . R. 42.2.
* Pursuant to 5 TH C IR . R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

______________________ No. 98-60126 Summary Calendar

_______________________ JUATASSA SIMS, Plaintiff-Appellant,

versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

________________________________________________ Appeal from the United States District Court for the Northern District of Mississippi USDC No. 2:97-CV-94-B

_________________________________________________

November 6, 1998 Before POLITZ, Chief Judge, STEWART and PARKER, Circuit Judges.
PER CURIAM: * Juatassa Sims appeals the district court’s affirmance of the Commissioner’s
denial of her application for disability insurance benefits, contending that the
administrative law judge: (1) failed to afford proper weight to a psychologist’s opinion that she was severely depressed ; (2) improperly excluded certain of her1 Paul v. Shalala , 29 F.3d 208 (5th Cir. 1994).

2 Greenspan v. Shalala , 38 F.3d 232 (5th Cir. 1994).

3 Villa v. Sullivan , 895 F.2d 1019 (5th Cir. 1990). 2 impairments in assessing her resid ual function capacity; and (3) should have
ordered a consultative examination to assess her mental impairments. We affirm. We lack jurisdiction to review Sims’s second and third contentions because they

were not raised before the Appeals Council. 1 The first contention is without merit
because the ALJ is entitled and expected to determine the credibility of medical experts and to weigh their opinions accordingly. 2 Concluding that the findings of
the ALJ are supported by substantial evidence, the judgment appealed is
AFFIRMED. 3
**Exhibit 31.1**

 

**CERTIFICATION PURSUANT TO RULES 13a-14(a) AND 15d-14(a)**

**UNDER THE SECURITIES EXCHANGE ACT OF 1934 AS ADOPTED PURSUANT TO**

**SECTION 302OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Alfred J. Novak, certify that:

 

1. I have reviewed this quarterly report on Form 10-Q of Novoste Corporation;

 

2. Based on my knowledge, this quarterly report does not contain any untruestatement 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 quarterly report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining 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 materialinformation 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 quarterly report is being prepared; 

 

b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on such evaluation; and 

 

c) disclosed in this quarterly report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recent fiscal quarter 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 and I have disclosed, basedon 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 equivalent functions): 

 

a) all significant deficiencies and material weaknesses in the design or operation ofinternal 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’sinternal control over financial reporting. 

 

Date: November 9, 2004