alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Page 77011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30012]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-1104]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; State Petitions for Exemption From 
Preemption

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``State Petitions for Exemption from 
Preemption'' has been approved by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations, 
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver 
Spring, MD 20993-0002, <a href="/cdn-cgi/l/email-protection#4f1f1d0e1c3b2e29290f292b2e6127273c61282039"><span class="__cf_email__" data-cfemail="356567746641545353755351541b5d5d461b525a43">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On October 27, 2014, the Agency submitted a 
proposed collection of information entitled ``State Petitions for 
Exemption from Preemption'' to OMB for review and clearance under 44 
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0277. 
The approval expires on November 30, 2017. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: December 17, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-30012 Filed 12-22-14; 8:45 am]
BILLING CODE 4164-01-P


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_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

October 31, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 127671(68) Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 127671 COA: 248161 Kalamazoo CC: 02-000435-FH RICHARD ROY VENDEVILLE, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, th e motion for reconsideration of th is Court's order of June 30, 2005 is considered, and it is DENIED, b ecause it does not appear that the order was entered erroneously.

d1024 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 31, 2005

Clerk
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
Amendment No. 1 to the Quarterly Report of
FieldPoint Petroleum Corporation (the "Company") on Form 10-QSB for the period ended
March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Ray Reaves, Chief Executive Officer and Chief Financial Officer of the Company, certify, 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 of 1934; and                              
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                    
| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

/s/ Ray ReavesRay Reaves
Chief Executive Officer and
Chief Financial Officer
May 16, 2006
Exhibit 32.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report of Matrix Energy Services
Corporation., on Form 10- QSB for the period ending June 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, James Anderson, Chief Executive Officer and Principal Accounting
Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted
pursuant to ss. 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 of 1934; and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.


Date: August 3,  2006      /s/ James Anderson
                           ------------------------------------
                               James Anderson
                           Chief Executive Officer
                           And Principal Accounting Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   SEP-30-1997
<CASH>                                           1,901,939
<SECURITIES>                                           801
<RECEIVABLES>                                         3796
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                 1,906,536
<PP&E>                                              36,649
<DEPRECIATION>                                      23,934
<TOTAL-ASSETS>                                   1,919,251
<CURRENT-LIABILITIES>                               46,971
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                      2,643,333
<COMMON>                                           399,830
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                     1,919,251
<SALES>                                                  0
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<CGS>                                                    0
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<OTHER-EXPENSES>                                    45,053
<LOSS-PROVISION>                                  (45,053)
<INTEREST-EXPENSE>                                       0
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<INCOME-TAX>                                         (575)
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<DISCONTINUED>                                           0
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<CHANGES>                                                0
<NET-INCOME>                                      (17,863)
<EPS-PRIMARY>                                        (.04)
<EPS-DILUTED>                                        (.04)
        

</TABLE>
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
FieldPoint Petroleum Corporation (the "Company") on Form 10-QSB for the period ended
March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Ray Reaves, Chief Executive Officer and Chief Financial Officer of the Company, certify, 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 of 1934; and                              
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                    
| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

/s/ Ray ReavesRay Reaves
Chief Executive Officer and
Chief Financial Officer
May 15, 2006
#### UNITED STATES of America, Plaintiff-Appellee, v. Albert Borja LUCENA, Defendant-Appellant.

No. 00-10490.

D.C. No. CR-00-00044-JSU.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2001 *.

Decided May 30, 2001.

Before PREGERSON, FERNANDEZ and WARDLAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

*573MEMORANDUM **

Albert Borja Lucena appeals his conviction and 288-month sentence imposed following a jury trial conviction for being an ex-felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Lucena contends that in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435, (2000), the district court erred by enhancing his sentence under the Armed Career Criminal Act and 18 U.S.C. § 924(e) for having three prior convictions for violent felonies, when the fact of those prior convictions were neither charged in the indictment, nor proven beyond a reasonable doubt at trial. Because Lucena failed to object to the use of the priors to enhance his sentence, we review for plain error. *See United States v. Pacheco-Zepeda,*234 F.3d 411, 413 (9th Cir.), *amended*Feb. 8, 2001, *cert. denied,*— U.S. —, 121 S.Ct. 1503, 149 L.Ed.2d 388 (2001).

Lucena’s claim is without merit. *Apprendi*created an exception for prior convictions holding that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” *Id.,*530 U.S. 466, 120 S.Ct. at 2362-63; *see also Jones v. United States,*526 U.S. 227, 248, 119 S.Ct. 1215, 143 L.Ed.2d 311 (1999); *Almendarez-Torres v. United States,*523 U.S. 224, 239, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998); *Pacheco-Zepeda,*234 F.3d at 413-414.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
- 1

-

No. 54 SSM 4 The People &c., Appellant, v. Elsun Wheeler, Respondent.

Submitted by Keith Dolan, for appellant. Submitted by Tomoeh Murakami Tse, for respondent.

MEMORANDUM : The Appellate Division order should be reversed, and the case r emitted to the Appellate Division for consideration of the facts and issues raised but not determined on appeal to that Court. Defendant’s challenge to the legal sufficiency of the evidence supporting his conviction for assault in the second degree was pr eserved and is reviewable by this Court ( see People v Epakchi , 37 NY3d 39, 44 [2021]). The victim testified that- 2

- SSM 4

- 2

- defendant delivered a very hard blow to his face, that he felt pain, and that he experienced bleeding and swelling. Hospital records describe the victim’s pain as “aching” and indicate
he was directed to take over

- the

- counter painkillers. Viewing the evidence in the light most favorable to the People, it was sufficient to establish physical injury for the purposes of Penal Law § 120.05 (3) ( se e People v Chiddick , 8 NY3d 445 [2007]).

On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for consideration of facts and issues raised but not determined on the appeal to that Court, in a memorandum. Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.
Decided May 18, 2023
#### UNITED STATES of America, Plaintiff-Appellee v. Ben Lee BASEY, Defendant-Appellant.

No. 05-50010.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided June 15, 2006.

Mark Randolph Stelmach, Assistant U.S. Attorney, Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’S Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Ben Lee Basey, Tucson, AZ, pro se.

Before KING, WIENER and DeMOSS, Circuit Judges.

PER CURIAM: *

Ben Lee Basey, federal prisoner # 34146-080, appeals the district court’s dismissal of his motion to reduce his sentence pursuant to Fed.R.CrimP. 35(a). We agree with Basey that the district court erred in construing Basey’s Rule 35(a) motion as a 28 U.S.C. § 2255 motion and dismissing it as successive. A Rule 35(a) motion is considered to be part of the original criminal proceeding, rather than a collateral attack on the sentence. *See United States v. Scott,*672 F.2d 454, 456 n. 3 (5th Cir.1982); *United States v. Shillingford,*586 F.2d 372, 375 (5th Cir.1978).

Basey is also correct that, because his offense was committed prior to November 1, 1987, the version of Rule 35 in effect at that time applies to him, a point that the Government concedes. *See United States v. Pineda,*988 F.2d 22, 23 n. 2 (5th Cir. 1993). Under that version of the rule, a district court “may correct an illegal sentence *at any time*and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.” Fed.R.CrimP. 35(a) (1982) (emphasis added).

*345For the foregoing reasons, the judgment of the district court is vacated, and this matter is remanded for further proceedings consistent with this opinion. *See In re Argo Fin., Inc.,*337 F.3d 516, 525 (5th Cir.2003). We express no view regarding the merits of the claims Basey seeks to raise via his Rule 35 motion.

VACATED AND REMANDED.

*

 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.
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 the Interior

###### Bureau of Land Management

          - [LLCO956000 L14200000.BJ0000]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of Filing of Plats of Survey; Colorado

# SUMMARY:

                        The Bureau of Land Management (BLM) Colorado State Office is publishing this notice to inform the public of the official filing of the survey plat listed below. The plat will be available for viewing at                         *http://www.glorecords.blm.gov*.                    

# DATES:

The plat described in this notice was filed on December 8, 2014.

# ADDRESSES:

BLM Colorado State Office, Cadastral Survey, 2850 Youngfield Street, Lakewood, CO 80215-7093.

# FOR FURTHER INFORMATION CONTACT:

Randy Bloom, Chief Cadastral Surveyor for Colorado, (303) 239-3856.

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, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

# SUPPLEMENTARY INFORMATION:

The supplemental plat of Section 20 in Township 42 North, Range 9 West, New Mexico Principal Meridian, Colorado, was accepted on December 5, 2014, and filed on December 8, 2014.

Randy Bloom,

Chief Cadastral Surveyor for Colorado.

[FR Doc. 2014-30134 Filed 12-23-14; 8:45 am]

BILLING CODE 4310-JB-P
I 

118TH CONGRESS 

1ST SESSION H. R. 1565 

To amend title XVIII of the Social Security Act to remove the 96-hour 

physician certification requirement for inpatient critical access hospital 

services. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2023 

Mr. SMITH of Nebraska (for himself and Ms. SEWELL) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title XVIII of the Social Security Act to remove 

the 96-hour physician certification requirement for inpatient critical access hospital services. 

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 ‘‘Critical Access Hos5 pital Relief Act of 2023’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1565 IH

1 SEC. 2. REMOVING MEDICARE 96-HOUR PHYSICIAN CER2 TIFICATION REQUIREMENT FOR INPATIENT 

3 CRITICAL ACCESS HOSPITAL SERVICES. 

4 (a) IN GENERAL.—Section 1814(a) of the Social Se5 curity Act (42 U.S.C. 1395f(a)) is amended— 

6 (1) in paragraph (6), by adding ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (7), at the end of subpara9 graph (E), by striking ‘‘; and’’ and inserting a pe10 riod; and 

11 (3) by striking paragraph (8). 

12 (b) APPLICATION.—The amendments made by sub13 section (a) shall apply with respect to items and services 

14 furnished on or after January 1, 2024. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
I, Otto Bethlen, certify that: 

1. I have reviewed this annual report on Form 10-KSB of EZ2 Companies, Inc.:

2. Based on my knowledge, this annual 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 annual report; 

3. Based on my knowledge, the financial statements, and other financial information  included in this annual 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 annual report; 

4. The registrant’s other certifying officers and I are responsible for  establishing and maintaining disclosure controls and procedures (as defined  in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have: 

a) Designed such disclosure controls and procedures to ensure that material  information 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 annual report is being prepared; 

b) Evaluated the effectiveness of the registrant’s disclosure controls  and procedures as of a date within 90 days prior to the filing date of this  annual report (the “Evaluation Date”); and 

c) Presented in this annual report our conclusions about the effectiveness  of the disclosure controls and procedures based on our evaluation as of the  Evaluation Date; 

5. The registrant’s other certifying officers and I have disclosed, based  on our most recent evaluation, to the registrant’s auditors and the audit  committee of registrant’s board of directors (or persons performing the  equivalent functions): 

a) All significant deficiencies in the design or operation of internal controls  which could adversely affect the registrant’s ability to record, process,  summarize and report financial data and have identified for the registrant’s  auditors any material weaknesses in internal controls; and 

b) Any fraud, whether or not material, that involves management or other employees  who have a significant role in the registrant’s internal controls; and

6. The registrant’s other certifying officers and I have indicated in  this annual report whether or not there were significant changes in internal  controls or in other factors that could significantly affect internal controls  subsequent to the date of our most recent evaluation, including any corrective  actions with regard to significant deficiencies and material weaknesses. 

  Date: April 30, 2005   By: /s/ Otto Bethlen

--------------------------------------------------------------------------------  Chief Financial Officer