alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SCWC-18-0000381

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

STATE OF HAWAI#I,

Respondent/Plaintiff-Appellant,

vs.

DAWN NAEOLE,

Petitioner/Defendant-Appellee.

 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-18-0000381; 1PC161001997)

ORDER OF CORRECTION

(By: Wilson, J.)

IT IS HEREBY ORDERED that the Opinion of the Court,

filed on June 22, 2020, is corrected as follows:

On the first line of page 7, replace “brake” with

“break”.

The Clerk of the Court is directed to take all

necessary steps to notify the publishing agencies of these

changes.

DATED: Honolulu, Hawai#i, June 22, 2020.

/s/ Michael D. Wilson

Associate Justice

Electronically Filed

Supreme Court

SCWC-18-0000381

22-JUN-2020

03:20 PM
Exhibit 23


                       Consent of Independent Accountants

We hereby consent to the incorporation by reference in the Prospectus
constituting part of the Registration Statement and Post-Effective Amendment No.
1 on Form S-3 (No. 33-44380 and 333-36415) and in the Registration Statements on
Form S-8 (Nos. 33-26442, 33-6141, 33-26443, 33-29144, 33-19012, 2-67317,
33-34363, 33-34362, 33-62648 and 333-42231) of Phelps Dodge Corporation of our
report dated January 14, 1999, appearing in this Form 10-K. We also consent to
the incorporation by reference of our report on the Financial Statement
Schedule, which appears in this Form 10-K.


PRICEWATERHOUSECOOPERS LLP

Phoenix, Arizona
March 18, 1999
[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76886-76887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21367]


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

POSTAL SERVICE


Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: September 19, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby

[[Page 76887]]

gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 12, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 330 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2024-668, CP2024-677.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-21367 Filed 9-18-24; 8:45 am]
BILLING CODE 7710-12-P
# C_2022260EN.01000101.xml

| 6.7.2022 | EN | Official Journal of the European Union | C 260/1 |
| --- | --- | --- | --- |

6.7.2022

EN

Official Journal of the European Union

C 260/1

---

Non-opposition to a notified concentration

(Case M.10775 – GBL / AFFIDEA)

(Text with EEA relevance)

(2022/C 260/01)

On 29 June 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10775. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10775. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
*Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstancesset forth in LocalRule 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 95-60746

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

JASON WILEY,

Defendant-Appellant.

Appeal from the United States District Court

For the Northern District of Mississippi

(1:95-CR007-D)

December 26, 1996

Before WISDOM, KING, and SMITH, Circuit Judges.

PER CURIAM:*

Jason Wiley appeals his convictions of conspiracy to possess with intent to distribute crack

cocaine and aiding and abetting in the possession with intent to distribute crack cocaine. Wiley

argues that the evidence was insufficient to support these convictions.
1 United States v. Ruiz, 860 F.2d 615, 617 (5th Cir. 1988).

2 United States v. Laury, 49 F.3d 145, 151 (5th Cir.), cert. denied, --U.S.--, 116 S.Ct.

162, 133 L.Ed.2d 105 (1995). ; United States v. Shaw, 920 F.2d 1225, 1230 (5th Cir.), cert. denied,

500 U.S. 926, 11 S.Ct. 2038, 114 L.Ed.2d 122 (1991).

3 United States v. Pierre, 958 F.2d 1304, 1310 (5th Cir.), cert. denied, 506 U.S. 898,

113 S.Ct. 280, 121 L.Ed.2d 207 (1992) (internal citations and quotations omitted).

2

Wiley moved for a judgment of acquittal after the government rested its case but failed to

renew his motion after presenting his defense. Because he did not renew his motion for acquittal,

Wiley waived any objection to the district court’s denial of this motion.1 In this procedural posture,

our review ofWiley’sinsufficiencyofthe evidence claimislimited to determining whether a “manifest

miscarriage of justice” occurred.2 A manifest miscarriage of justice has occurred only where “the

record is devoid of evidence pointing to guilt or . . . because the evidence on a key element of the

offense was so tenuous that a conviction would be shocking”.3

We have carefully reviewed the briefs of the parties and the record in this case. We find no

manifest miscarriage of justice has occurred. Accordingly, we AFFIRM.
[Federal Register Volume 89, Number 184 (Monday, September 23, 2024)]
[Notices]
[Page 77488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21741]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION


Sunshine Act Meeting

TIME AND DATE: Wednesday, September 25, 2024--10 a.m.

PLACE: Meeting will be held remotely and in person at 4330 East West 
Highway, Bethesda, Maryland, Room 420.

STATUS: Commission Meeting--Closed to the Public.

MATTERS TO BE CONSIDERED: 
    Meeting Matter: Briefing Matter.

CONTACT PERSON FOR MORE INFORMATION:  Alberta E. Mills, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, 301-504-7479 (Office) or 240-863-8938 
(Cell).

    Dated: September 18, 2024.
Alberta Mills,
Commission Secretary.
[FR Doc. 2024-21741 Filed 9-19-24; 11:15 am]
BILLING CODE 6355-01-P
<PAGE>

                                 EXHIBIT 23.01


INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in Registration Statement Nos. 
2-96782, 33-26357, 2-66833, 2-96781, 33-21908 and 33-54055 of Pacific 
Enterprises on Forms S-8 and Registration Statement Nos. 33-24830 and 
33-44338 of Pacific Enterprises on Forms S-3 of our reports dated January 31, 
1996, appearing in and incorporated by reference in this Annual Report on 
Form 10-K of Pacific Enterprises for the year ended December 31, 1995.

DELOITTE & TOUCHE LLP

Los Angeles, California
March 21, 1996
PHELPS DODGE CORPORATION AND SUBSIDIARIES

                                   Exhibit 12
<TABLE>
COMPUTATION OF TOTAL DEBT TO TOTAL CAPITALIZATION

(Dollars in thousands)
<CAPTION>
                                                        December 31,
                                           ------------------------------------
                                              1997         1996         1995  
                                              ----         ----         ----  
<S>                                        <C>           <C>          <C>      
Short-term debt                            $   91,400       66,500       66,600
Current portion of long-term debt              54,800       38,200       16,800
Long-term debt                                857,100      554,600      613,100
                                           ----------   ----------   ----------
Total debt                                  1,003,300      659,300      696,500
Minority interest in subsidiaries             113,300       85,500       73,300
Common shareholders' equity                 2,510,400    2,755,900    2,677,700
                                           ----------   ----------   ----------
Total capitalization                       $3,627,000    3,500,700    3,447,500
                                           ==========   ==========   ==========
                                    
Ratio of total debt to total
 capitalization                                 27.7%        18.8%        20.2%
                                           ==========   ==========   ==========
</TABLE>
Amendment to the SPX Corporation Supplemental Retirement Plan for Top Management



 Exhibit 10.3 
  
 AMENDMENT TO THE 
 SPX CORPORATION SUPPLEMENTAL RETIREMENT PLAN 
 FOR TOP MANAGEMENT 
  
 Pursuant to the powers of amendment reserved in Section 6.1 of the SPX Corporation Supplemental Retirement Plan for Top Management (the
“Plan”), SPX Corporation hereby amends the Plan in the following manner: 
  

	1.	Effective as of June 23, 2004, the second sentence of Section 6.1 is deleted and replaced with the following new sentence: 

  
 “Any such amendment or termination shall be made pursuant to a
resolution of the Compensation Committee and shall be effective as of the date of such resolution or as specified therein.”
# C_2022320EN.01004601.xml

| 24.8.2022 | EN | Official Journal of the European Union | C 320/46 |
| --- | --- | --- | --- |

24.8.2022

EN

Official Journal of the European Union

C 320/46

---

Information communicated by Member States regarding closure of fisheries

(2022/C 320/20)

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 25.07.2022 |
| --- | --- |
| Duration | 25.07.2022 — 31.12.2022 |
| Member State | Portugal |
| Stock or Group of stocks | BET/ATLANT (including BET/*ATLLL and BET/*ATLPS) |
| Species | Bigeye tuna (Thunnus obesus) |
| Zone | Atlantic Ocean |
| Type(s) of fishing vessels | — |
| Reference number | 04/TQ109 |

Date and time of closure

25.07.2022

Duration

25.07.2022 — 31.12.2022

Member State

Portugal

Stock or Group of stocks

BET/ATLANT (including BET/*ATLLL and BET/*ATLPS)

Species

Bigeye tuna (Thunnus obesus)

Zone

Atlantic Ocean

Type(s) of fishing vessels

—

Reference number

04/TQ109

---

(1)  OJ L 343, 22.12.2009, p. 1

---
FILED

United States Court of Appeals

Tenth Circuit

May 26, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee, No. 09-5172

v. (N.D. Oklahoma)

JOSE LUIS MACIAS,

Defendant - Appellant.

(D.C. No. 4:05-CR-00075-JHP-1)

ORDER OF DISMISSAL

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

On September 14, 2009, Jose Luis Macias, a federal prisoner proceeding

pro se, filed a motion in the United States District Court for the Northern District

of Oklahoma, requesting the court to vacate its prior order requiring restitution in

connection with his 2006 conviction and sentence. The district court denied the

motion on September 17, 2009. Mr. Macias’s motion for reconsideration, filed on

October 13, 2009, was denied on November 25, 2009. He filed his notice of

appeal on December 14, 2009. 

We dismiss the appeal as untimely. Under Fed. R. App. P. 4(b)(1)(A)(i), a

defendant in a criminal case has 14 days from entry of an order to file a notice of

appeal. Mr. Macias’s notice of appeal was filed more than 14 days after the entry

of the order denying his motion for reconsideration. Even if the motion for
-2-

reconsideration tolled the 14-day period for appealing the order denying his

original motion, see Fed. R. App. P. 4(b)(3), the notice of appeal would still be

untimely as an appeal from that order. (The notice of appeal would also be

untimely under the 10-day limit set by the version of Fed. R. App. P. 4(b) in

effect before December 1, 2009.) We note that Mr. Macias’s notice of appeal

contained no certificate of service or any indication of use of a prison legal-mail

system, so the prisoner-mailbox rule can afford him no relief. See Fed. R. App.

P. 4(c).

Although the government can forfeit an objection to timeliness, it has

raised the issue in this case and we must enforce Rule 4(b). See United States v.

Garduño, 506 F.3d 1287, 1292 (10th Cir. 2007). 

We DISMISS the appeal as untimely. Because there is no apparent reason

why the government’s brief was sealed, it will be unsealed unless the government

submits a motion (which may be under seal) seeking sealing (or partial sealing)

within 10 days of the filing of this Order. Appellant’s motion to proceed in forma

pauperis is denied. 

ENTERED FOR THE COURT

Harris L Hartz

Circuit Judge
EXHIBIT 31.4



OVERSEAS SHIPHOLDING GROUP, INC.
AND SUBSIDIARIES



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO RULE 13a-14(a) AND 15d-14(a),
AS AMENDED



I, Rick F. Oricchio, certify that:



| | 1. | I have reviewed this Annual Report on Form 10-K/A of Overseas Shipholding Group, Inc.;
| | -- | --------------------------------------------------------------------------------------



| | 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. | Based on my knowledge, the financial statements, and other financial information included in this 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 report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|Date: March 23, 2015 | /s/ Rick F. Oricchio   
|-------------------- | -----------------------
|                     | Rick F. Oricchio       
|                     | Chief Financial Officer
# C_2022325EN.01000101.xml

| 29.8.2022 | EN | Official Journal of the European Union | C 325/1 |
| --- | --- | --- | --- |

29.8.2022

EN

Official Journal of the European Union

C 325/1

---

Non-opposition to a notified concentration

(Case M.10818 – TOTALENERGIES / GIP / CLEARWAY ENERGY GROUP / SUNPOWER GROUP)

(Text with EEA relevance)

(2022/C 325/01)

On 11 August 2022, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10818. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32022M10818. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
Exhibit 23 

 

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statements No. 33-31505 on FormS-8, No. 33-50688 on Form S-8, No. 33-54387 on Form S-8, No. 33-52389 on Form S-8, No. 33-55629 on Form S-8, No. 333-32977 on Form S-8, No. 333-37145 on Form S-8, No. 333-79921 on Form S-8, No. 333-38174 on Form S-8, No. 333-53502 on Form S-8, No.333-90954 on Form S-8, No. 333-97005 on Form S-8, No. 333-105914 on Form S-8 and No. 333-86955 on Form S-3 of our reports dated March 28, 2005, relating to the financial statements of AnnTaylor Stores Corporation (which report expresses anunqualified opinion and includes an explanatory paragraph relating to the restatement described in Note 2), and management’s report on the effectiveness of internal control over financial reporting (which report expresses an adverse opinion onthe effectiveness of the Company’s internal control over financial reporting because of a material weakness) appearing in the Annual Report on Form 10-K of AnnTaylor Stores Corporation for the year ended January 29, 2005. 

 

 

/s/ DELOITTE& TOUCHE LLP 

 

Deloitte & Touche LLP 

New York, NY 

March 31, 2005
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

DREW DUDLEY JOHN FISHER,

Defendant

- Appellant. No. 17

- 30203

D.C. No. 1:17

- cr

- 00027

- SPW

MEMORANDUM *

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted August 15, 2018 **

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

Drew Dudley John Fisher appeals from the district court’s judgment and

challenges the 180

- month sentence imposed following his guilty

- plea conviction

for aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153(a) and 2241(a). We

have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 21 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF A PPEALS2 17

- 30203

Fisher contends that his above

- Guidelines sentence is substantively

unreasonable because the district court placed too much weight on the nature and

circumstances of the offense, and too little weight on his dysfunctional upbringing

and ment al health and substance abuse issues . The district court did not abuse its

discretion. See Gall v. United States , 552 U.S. 38, 51 (2007). The record reflects

that the court considered Fisher’s mitigating arguments

– i ncluding his young age,

difficult up bringing, and substance abuse issues

– as well as the aggravating

circumstances of his history and the nature of his offense before determining that

the 18 U.S.C. § 3553(a) sentencing factors warranted an above

- Guidelines

sentence. T he sentence i s also su bstantively reasonable in light of the section

3553(a) factors and the totality of the circumstances. See Gall , 552 U.S. at 51; see

also United States v. Gutierrez

- Sanchez , 587 F.3d 904, 908 (9th Cir. 2009) (“The

weight to be given the various [section 35 53(a)] factors in a particular case is for

the discretion of the district court.”)

AFFIRMED.
```

[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Notices]
[Pages 48582-48583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19965]

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

DEPARTMENT OF STATE

[Public Notice 7980]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Plants of Virtue and Rocks by a Stream'' by Shitao

AGENCY: Department of State.

ACTION: Notice.

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

[[Page 48583]]

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965, 
Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and 
Restructuring Act of 1998, Delegation of Authority No. 234 of October 
1, 1999, and Delegation of Authority No. 236-3 of August 28, 2000 (and, 
as appropriate, Delegation of Authority No. 257 of April 15, 2003), I 
hereby determine that the object entitled ``Plants of Virtue and Rocks 
by a Stream'' by Shitao to be imported by The Santa Barbara Museum of 
Art from abroad for temporary exhibition within the United States, is 
of cultural significance. The object is imported pursuant to a loan 
agreement with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit object at The Santa Barbara 
Museum of Art in Santa Barbara, California from on or about October 20, 
2012 to on or about January 20, 2013, as part of its exhibition 
entitled ``The Artful Recluse: Seventeenth Century Chinese Painting and 
Calligraphy''; and possible additional exhibitions or venues yet to be 
determined; is in the national interest. I have ordered that Public 
Notice of these Determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
listing of the exhibit object, contact Ona M. Hahs, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6473). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: August 6, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2012-19965 Filed 8-13-12; 8:45 am]
BILLING CODE 4710-05-P
```