alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 70, Number 25 (Tuesday, February 8, 2005)]
[Notices]
[Pages 6754-6756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2305]



[[Page 6753]]

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

Part II





Department of Labor





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



Employment and Training Administration



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



Trade Adjustment Assistance Program; Designation of Certifying 
Officers; Notice

Federal Register / Vol. 70, No. 25 / Tuesday, February 8, 2005 / 
Notices

[[Page 6754]]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Trade Adjustment Assistance Program; Designation of Certifying 
Officers

AGENCY: Employment and Training Administration; Labor.

ACTION: Notice of designation of certifying officers.

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

SUMMARY: The trade adjustment assistance program operates under the 
Trade Act of 1974 to furnish program benefits to domestic workers 
adversely affected in their employment by imports of articles which are 
like or are directly competitive with articles produced by the firm 
employing the workers. The Trade Adjustment Assistance Reform Act of 
2002 amended the Trade Act of 1974, to extend eligibility to those 
workers whose firm shifted production to certain foreign countries; to 
workers of upstream supplier firms selling components to firms whose 
workers have received a certification of eligibility to apply for trade 
adjustment assistance; to workers of downstream producer firms engaged 
in assembly or finishing for firms whose workers have received a 
certification of eligibility to apply for trade adjustment assistance 
based on a shift in production or increased imports from Mexico or 
Canada; and added the program option of alternative trade adjustment 
assistance for older workers over age 50 years. Workers become eligible 
for program benefits only if the worker group is certified under the 
Act as eligible to apply for adjustment assistance and/or alternative 
trade adjustment assistance. From time to time the agency issues an 
Order designating or redesignating officials of the agency authorized 
to act as certifying officers, responsible for reviewing and signing 
adjustment assistance determinations. Employment and Training Order No. 
1-05, was issued to revise the listing of officials designated as 
certifying officers, superseding the previous Order. Employment and 
Training Order No. 1-05, is published below.

    Signed at Washington, DC, this 31st day of January 2005.
Emily Stover DeRocco,
Assistant Secretary of Labor, Employment and Training Administration.
BILLING CODE 4510-30-P

[[Page 6755]]

[GRAPHIC] [TIFF OMITTED] TN08FE05.000


[[Page 6756]]


[GRAPHIC] [TIFF OMITTED] TN08FE05.001


[FR Doc. 05-2305 Filed 2-7-05; 8:45 am]
BILLING CODE 4510-30-C
#### BEASLEY v. INDEMNITY CO.

No. 73 PC.

Case below: 11 N.C. App. 34.

Petition for writ of *certiorari*to North Carolina Court of Appeals allowed 10 June 1971.
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* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-50805

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ADORNA DAREESE DAVIDSON,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

(A-96-CR-79-ALL)

- - - - - - - - - -

October 3, 1997

Before JONES, SMITH, and STEWART, Circuit Judges.

PER CURIAM:*

Adorna Dareese Davidson has appealed her convictions for

conspiracy to possess with intent to distribute cocaine base and

for possession with intent to distribute cocaine base. For reasons

discussed below, the convictions are AFFIRMED.

We reject Davidson’s contention that the indictment was

insufficient in failing to specify the quantity of cocaine base

allegedly involved in the offense and in failing to identify

Davidson’s alleged coconspirators. Appellant’s reliance on United
No. 96-50805

-2-

States v. Fitzgerald, 89 F.3d 218, 221 (5th Cir.), cert. denied,

117 S. Ct. 446 (1996) is misplaced, since that case turned on the

distinction between a misdemeanor and felony offense pertinent to

U.S.C. § 844(a) and 846, and we have held the amount of drugs need

not be stated in the indictment. United States v. Montes, 976 F.2d

235, 242 (5th Cir. 1992). See also United States v. Flores, 63

F.3d 1342, 1360 (5th Cir. 1995), cert. denied, 117 S. Ct. 87

(1996). 

We review Davidson’s contention that her out-of-court

statement should have been excluded under FED. R. EVID. 403 for plain

error. See United States v. Olano, 507 U.S. 725 (1993); United

States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc).

We find no error, plain or otherwise.

Davidson contends that the evidence of guilt was

insufficient. Diana Moore’s testimony, alone, was sufficient to

support Davidson’s conviction. See United States v. PenaRodriguez, 110 F.3d 1120, 1123 (5th Cir. 1997), petition for cert.

filed (June 19, 1997) (No. 96-9480). 

Further, Davidson’s substantial rights were not affected

and the district court did not abuse its discretion in refusing to

admit the affidavit used to obtain the search warrant into

evidence. See United States v. Torres, 114 F.3d 520, 526 (5th Cir.

1997). 

Davidson contends that the Government violated the rule

in Batson v. Kentucky, 476 U.S. 79 (1986), by striking the lone
No. 96-50805

-3-

black venireperson. Because discriminatory intent is not inherent

in the prosecutor’s explanation for striking the venire person, see

United States v. Pofahl, 990 F.2d 1456, 1466 (5th Cir. 1993),

Davidson’s Batson claim is without merit. 

The district court did not abuse its discretion by

disqualifying Davidson’s attorney because of an actual conflict of

interest. Wheat v. United States, 486 U.S. 153, 160-64 (1988);

United States v. Sotelo, 97 F.3d 782, 791 (5th Cir.), cert. denied,

117 S. Ct. 620 (1996), and cert. denied, 117 S. Ct. 1002, and cert.

denied, 117 S. Ct. 1324 (1997). 

AFFIRMED.
# USS Oklahoma Sailor Accounted for from WWII (Winfield, S.)

/ Published March 12, 2024
Washington, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that Radioman Third Class (RM3c) Starring B. Winfield, 22, of San Rafael, California, killed during World War II, was accounted for on June 24, 2019.

On Dec. 7, 1941, Winfield was assigned to the battleship USS *Oklahoma*, which was moored at Ford Island, Pearl Harbor, when the ship was attacked by Japanese aircraft. The USS *Oklahoma* sustained multiple torpedo hits, which caused it to quickly capsize. The attack on the ship resulted in the deaths of 429 crewmen, including RM3c Winfield.

From December 1941 to June 1944, Navy personnel recovered the remains of the deceased crew, which were subsequently interred in the Halawa and Nu’uanu Cemeteries.

In September 1947, tasked with recovering and identifying fallen U.S. personnel in the Pacific Theater, members of the American Graves Registration Service (AGRS) disinterred the remains of U.S. casualties from the two cemeteries and transferred them to the Central Identification Laboratory at Schofield Barracks. The laboratory staff was only able to confirm the identifications of 35 men from the USS *Oklahoma* at that time. The AGRS subsequently buried the unidentified remains in 46 plots at the National Memorial Cemetery of the Pacific (NMCP), known as the Punchbowl, in Honolulu. In October 1949, a military board classified those who could not be identified as non-recoverable, including Winfield.

In 2003, renewed efforts to identify the Unknowns of the USS Oklahoma began with the exhumation of one of the 46 graves containing USS Oklahoma Unknowns. In 2015, DPAA received the approval to exhume the rest of the USS Oklahoma Unknowns from the NMCP, which were accessioned into the Laboratory between June and November of that year.

To identify Winfield’s remains, scientists from DPAA used dental and anthropological analysis. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA) analysis.

RM3c Winfield’s name is recorded in the Courts of the Missing at the Punchbowl, along with the others who are missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.

RM3c Winfield will be buried on May 9, 2024, in Arlington National Cemetery.

For family and funeral information, contact the US Navy Casualty office at (800) 443-9298.

DPAA is grateful to the Department of Veterans Affairs and the Department of the Navy for their partnership in this mission.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil, find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

Winfield’s personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt0000000Xe0uEAC.
Advisory Board on Toxic Substances and Worker Health

January 27, 2020

Mr. Eugene Scalia

Secretary of Labor
Department of Labor

200 Constitution Ave.
Washington, DC NW 20210

Honorable Secretary Scalia:

On behalf of the Department of Labor Advisory Board on Toxic Substances and Worker
Health, I submit the attached Advisory Board Recommendation that was adopted unanimously at
the Board’s meeting on November 20-21, 2019.

We sincerely hope that our advice is useful to the Department. We thank you for the
opportunity to serve as Board members and wish the Program continued success in meeting the
needs of the United States energy employees. Please let us know if there are questions.

Steven Markowitz MD, DrPH

Chair

Advisory Board on Toxic Substances
and Worker Health
Case 7:07-cv-03302-KMK-LMS     Document 10      Filed 05/16/2007     Page 1 of 1
#### Morris Bernard CRANDLE, Petitioner—Appellant, v. Ernest SUTTON, Superintendent, Respondent-Appellee.

No. 04-7985.

United States Court of Appeals, Fourth Circuit.

Submitted March 10, 2005.

Decided March 15, 2005.

Morris Bernard Crandle, Appellant pro se.

Clarence Joe DelForge, III, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Before LUTTIG, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

Morris Bernard Crandle seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a § 2254 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee, 252*F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude Crandle has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Crandle’s motion to appoint counsel. 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.

*DISMISSED*
#### STATE v. SMITH

No. 151 PC

Case below: 45 NC App 501

Petition by defendant for discretionary review under G.S. 7A-31 denied 15 August 1980.
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  -  Korean War      -  Korean War Summary             
    -  Battle of Chosin Reservoir             
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    -  The Inchon Campaign             
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#### LAING v. LOAN CO.

No. 177 PC.

Case below: 46 N.C. App. 67.

Petition by defendant for discretionary review under G.S. 7A-31 denied 15 July 1980. Appeal dismissed 15 July 1980.
#### STATE v. HOSKINS

No. 138 PC.

Case below: 36 N.C. App. 92.

Petition by defendant for discretionary review under G.S. 7A-31 denied 14 July 1978.
EXHIBIT 15.1

To the Supervisory Board and Shareholders of

ASM International N.V.

Versterkerstraat 8

1322 AP

Almere, the Netherlands

We consent to the
incorporation by reference in the following Registration Statements on Form S-8 (Nos. 033-07111, 033-07109, 333-87262, 033-06184, 033-06185, 033-06186, 033-78628 and 033-93026) of our reports relating to the financial statements of ASM
International N.V. and the effectiveness of ASM International N.V.s internal control over financial reporting dated March 28, 2012, appearing in the Annual Report on Form 20-F of ASM International N.V. for the year ended
December 31, 2011.



|                                                                   
|-------------------------------------------------------------------
|/s/    Deloitte Accountants B.V.                                   
|                                                                   
|Deloitte Accountants B.V. Amsterdam,
the Netherlands March 28, 2012
Case 7:07-cv-03216-LMS Document 7 Filed 06/21/2007 Page 1 of 5
Case 7:07-cv-03216-LMS Document 7 Filed 06/21/2007 Page 2 of 5
Case 7:07-cv-03216-LMS Document 7 Filed 06/21/2007 Page 3 of 5
Case 7:07-cv-03216-LMS Document 7 Filed 06/21/2007 Page 4 of 5
Case 7:07-cv-03216-LMS Document 7 Filed 06/21/2007 Page 5 of 5
#### WILLIAMS v. ADAMS

No. 116 PC.

Case below: 25 N.C. App. 475.

Petition for writ of certiorari to North Carolina Court of Appeals allowed 6 June 1975.
# L_2007344EN.01007001.xml

| 28.12.2007 | EN | Official Journal of the European Union | L 344/70 |
| --- | --- | --- | --- |

28.12.2007

EN

Official Journal of the European Union

L 344/70

---

Corrigendum to Council Regulation (EC) No 754/2007 of 28 June 2007 amending Regulations (EC) No 1941/2006, (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks

(
  Official Journal of the European Union L 172, 30 June 2007
  )

Page 29, Annex I (amendment of Annexes to Regulation (EC) No 1941/2006), number 2 (amendment of Annex II), point (c)

for:

| ‘(c) | the following point shall be added:






  ‘1.3. | When fishing with drift lines within the periods and on the days set out in points 1.1 and 1.2, no cod shall be retained on board.’ ’ |
| --- | --- | --- |

‘(c)

the following point shall be added:

‘1.3.

When fishing with drift lines within the periods and on the days set out in points 1.1 and 1.2, no cod shall be retained on board.’ ’

read:

| ‘(c) | the following point shall be added:






  ‘1.5. | When fishing with drift lines within the periods and on the days set out in points 1.1 and 1.2, no cod shall be retained on board.’ ’ |
| --- | --- | --- |

‘(c)

the following point shall be added:

‘1.5.

When fishing with drift lines within the periods and on the days set out in points 1.1 and 1.2, no cod shall be retained on board.’ ’

---
The Honorable Thomas M. Shanahan, United States District Judge for the

1

District of Nebraska. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-1518

___________

Consuelo Watson, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * District of Nebraska.

First National Bankcard Center, *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: June 29, 1998

 Filed: July 6, 1998

___________

Before BOWMAN, Chief Judge, WOLLMAN, and MORRIS SHEPPARD ARNOLD,

Circuit Judges. 

___________

PER CURIAM.

Consuelo Watson appeals from the district court&s entry of summary judgment 1

in favor of defendant in her action alleging retaliation under Title VII of the Civil Rights

Act of 1964, as amended, 42 U.S.C. §§ 2000e-2000e-17. After carefully reviewing the

record and the parties& submissions on appeal, we affirm the judgment of the district

court. See 8th Cir. R. 47B. We deny Watson&s pending motion.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Case 1:06-cv-15003-AKH Document 10 Filed 02/05/2008 Page 1 of 6Case 1:06-cv-15003-AKH Document 10 Filed 02/05/2008 Page 2 of 6Case 1:06-cv-15003-AKH Document 10 Filed 02/05/2008 Page 3 of 6Case 1:06-cv-15003-AKH Document 10 Filed 02/05/2008 Page 4 of 6Case 1:06-cv-15003-AKH Document 10 Filed 02/05/2008 Page 5 of 6Case 1:06-cv-15003-AKH Document 10 Filed 02/05/2008 Page 6 of 6
Case 1:07-cv-03340-RJH Document 16 Filed 06/22/2007 Page 1 of 1
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