alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
505-867-3489
FAX:505-867-6120

Chairman
Eugene Lujan

Vice Chairman
Tanya Chino

Secretary/Treasurer
Kenneth Paquin

In reply, refer to: EL/067/0211

February 9, 2011

Tracy Stevens, Chairwoman
National Indian Gaming Commission
1441 1 St. NW, Ste 9100
Washington, DC 20005

VIA Email: reg.review @nigc,gov

Re: Notice of Inquiry - Comments on Proposed revisions to the NIGC MICS

Dear Chairwoman,

Thank you for the opportunity to submit our comments for the proposed revisions regarding the
NIGC MICS. Our comments are regarding section: 542.41 are the following:

The Pueblo of Santa Ana Gaming Commission agrees with the proposed revision listed below.
As the current requirement reads it appears that a dedicated individual is required to oversee the
process which in our case is costly and with the utilization of dedicated Surveillance recording
the process it deems unnecessary.

(® If currency counters are utilized and the count room table is used only to empty boxes and

sort/stack contents, a count team member shall be able to observe the loading and unloading of

all currency at the currency counter, including rejected currency. The count team member

operating the currency counter does not need to be monitored by another count team
member if an individual independent of the count process monitors the operator of the
currency counter for a minimum of one hour during the count process from recorded or
live_surveillance_at_least_monthly. The date, time, and_results_of_the independent

observation shall be documented.

51 Jemez Canyon Dam Rd., Suite 103 ¢ Bernalillo, NM 87004


Justification: The standard is intended to provide clarification of the count process and the
verification of placing currency in and removing from the currency counting devices.

Comment (October): Include a provision that the independent observation will be unannounced.

Response: Agree.

Thank you for your time and if you would like to discuss this further, please feel free to contact
me at: eugene. lujan@santaana-nsn.gov or by phone at 505-867-3489.

Sincerely,

rh
PSAGRC Chairman

/gic

ce: K. Paquin, PSAGRC Commissioner
T. Chino, PSAGRC Commissioner
file
REQUEST LETTER

FOR THE (Name) **TRIBAL GAMING COMMISSION**TO USE

**(Contractor’s Name)**AS A CONTRACTOR

FOR NONCRIMINAL JUSTICE ADMINISTRATIVE FUNCTIONS

January 3, 2023

Mrs. Chasity S. Anderson Compact Officer, FBI Module D3 1000 Custer Hollow Road Clarksburg, WV 26306

Dear Mrs. Anderson:

The (Name) **Tribal Gaming Commission**, the Authorized Recipient, requests permission to use the **(Contractor’s Name)**as a contractor to outsource noncriminal justice administrative functions relating to the processing of criminal history record information (CHRI) on its behalf. This would include [insert all functions that apply]. [Refer to the Outsourcing Agreement and FBI Permission Aid at CJIS Resource Materials | National Indian Gaming Commission (nigc.gov) for examples and scenarios.]****

The **(Tribe) Tribal Gaming Commission**and the **(Contractor’s Name )**are considering entering into an agreement in which **(Contractor’s Name)**will act on the **(Tribe) Tribal Gaming Commission’s**behalf in accordance with the Security and Management Control Outsourcing Standard (Outsourcing Standard) for Non-Channelers. The (Tribe) Tribal Gaming Commission is authorized to perform background checks pursuant to the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701, *et seq.*. Specifically, the National Indian Gaming Commission (NIGC) is authorized to submit fingerprints to the FBI on behalf of the **(Tribe) Tribal Gaming Commission**for Class II and III primary management officials and key employees of the Tribal gaming enterprises.[footnoteRef:1] “Key employee” and “primary management official” are defined in 25C.F.R. §§ 502.14 and 502.19, respectively. [1:  See FBI-NIGC MOU re: Noncriminal Justice Fingerprint Submissions (Jan. 17, 2020).] 

The **(Tribe) Tribal Gaming Commission**will execute a contractual agreement with the Contractor, incorporating by reference the Outsourcing Standard for Non-Channelers and the Criminal Justice Information Services (CJIS) Security Policy. Execution of the agreement will commence upon receiving written permission from the FBI Compact Officer. 

If for any reason the agreement is terminated by either the Authorized Recipient or the Contractor, the Authorized Recipient will provide written notification to the FBI Compact Officer as soon as possible. 

Upon execution of the Contract, the **(Tribe) Tribal Gaming Commission**will monitor and enforce (**Contractor’s Name)**compliance with the terms of the Contract, including the Security and Management Control Outsourcing Standard for Non-Channelers, and will notify the FBI Compact Officer of any violations.

Sincerely,

[**insert name**] [**insert title**] [**insert address**]

[**insert phone number**] [**insert email address**]

**cc:****iso@nigc.gov**
EXHIBIT 32
                                   ----------


                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 Realmark Property Investors
Limited Partnership - VI B (the "Partnership") on Form 10-Q for the period
ending March 31, 2004 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Joseph M. Jayson, Individual General Partner
and Principal Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the
best of my knowledge:

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

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


              May 17, 2004                        /s/ Joseph M. Jayson
              ------------                        ------------------------------
                  Date                            Joseph M. Jayson,
                                                  Individual General Partner and
                                                  Principal Financial Officer
**EXHIBIT 23**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 033-57137, 333-89807, 333-87744, 333-104495, 333-102590,333-11549 and 333-112522; Form S-3 Nos. 333-104530, 333-107631, and 333-108610; and Form S-4 No. 333-60448) of K2 Inc. and the related Prospectus of our report dated February 15, 2004, with respect to the consolidated financial statements andschedule of K2 Inc. included in this Annual Report (Form 10-K) for the year ended December 31, 2003. 

 

/s/    ERNST & YOUNG LLP 

 

San Diego, California 

March 10, 2004
Exhibit 32(g)

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











|(1) | The Annual Report on Form 10-K of the Company for the year ended December 31, 2008 (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 results of operations of the Company as of the dates and for the periods presented in the Report.









|/s/ E. Renae ConleyE. Renae Conley
Chair of the Board, President, and Chief Executive
Officer of Entergy Louisiana, LLC
|-----------------------------------------------------------------------------------------------------------------------



Date:	February 27, 2009
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-80,368-01

EX P ARTE BRIAN CHARLES JONE S, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 36853CR/A IN THE 40TH DISTRICT COURT

F ROM ELLIS COUNTY

Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant wa s convicted of evading arr est or dete ntion and was sente nced to life imprisonment. Applicant contends th at his counsel rende red ineffe ctive assistance beca use he failed to timely file a notice of appea l. Trial counsel submitt ed an aff idavit in which he states that Applicant at all times wanted to pursue an appea l and that counsel’s failure to timely file notice of appea l was in no way Applicant’s fault. Counsel states that he mistakenly beli ev ed that notice of appea l had been filed at the same time as a motion for new trial but only later lear ned that the notice of appea lcould not be located.

The trial court has deter

mined that a one-pa g e notice of appea l was stapled to the back of an amende d motion to quash the indictment found in the court’s file, but tha t the notice itself was not file-stampe d and contains no cer tificate of service

. The trial court finds that the district cler k did not forwa rd the notice of appe al that was staple d to the motion to the cour t of appe als. The trial court also finds that Applicant wishes to a ppeal his convic tion. We find that Ap plicant is entitled to the opportunity to file an out-of-time appea l of the judgme n t o f co n viction in Cause No. 36853CR/A from the 40th District Court of Ellis County

. Applicant is ordered returne d to that time at which he may g ive a written notice of appea l so that he may then, with the aid of counsel, obtain a mea ningf ul appea l. Wi thin ten days of the is suance of this opinion, the trial court shall deter mine whether

Applicant is indige nt. I f Applicant is indig ent and wishes t o b e repr esente d by counsel, the trial court shall immediately appoint an attorney to repr esent Applicant on direc t appea l. All time limit s shall be calc ulated as if the sentenc e had been imposed on the date on which the mandate of this Court issues. We hold that, should Applicant desire to prosec ute an appea l, he must take aff irmative steps to file a written notice of appea l in the trial court within 30 day s after the mandateof this Court issues. Copies of this opinion shall be sent to the Texas D ep a rtment of Criminal Justice-Corr ectional Institut ions Division and Pardons and Paroles Division.

Deliver ed: Octobe r 30, 2013 Do not publish
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

 v.

LEONARD BERNOT, 

Defendant-Appellant.

Nos. 14-10569

15-10184

D.C. No. 

2:08-cr-00093-KJM-4

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Submitted December 13, 2016** 

San Francisco, California

Before: GRABER and HURWITZ, Circuit Judges, and FOOTE,*** District Judge.

 

Leonard Bernot appeals his sentence for conspiracy to commit mail fraud in

violation of 18 U.S.C. § 1349. He challenges the application of a vulnerable victim

FILED

DEC 27 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

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

except as provided by Ninth Circuit Rule 36-3.

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

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

*** The Honorable Elizabeth E. Foote, United States District Judge for the

Western District of Louisiana, sitting by designation.
enhancement and the imposition of restitution. We have jurisdiction under 28

U.S.C. § 1291 and affirm.

1. A two-level sentencing enhancement may be imposed if the defendant

“knew or should have known that a victim of the offense was a vulnerable victim.”

U.S.S.G. § 3A1.1(b)(1). The district court properly found that Bernot’s

“reasonably foreseeable” victims included the Garfinkles, see United States v.

Treadwell, 593 F.3d 990, 1002 (9th Cir. 2010), and that these homeowners were

particularly vulnerable compared to other victims of mail fraud, see United States

v. Mendoza, 262 F.3d 957, 960-61 (9th Cir. 2001).

2. The district court correctly calculated the Guideline range of 37 to 46

months and articulated the 18 U.S.C. § 3553(a) factors that it considered, including

avoiding unwarranted sentencing disparities, which support the 18-month sentence

imposed.

3. The district court properly used the value of the victims’ lost equity in

their home, $316,744.79, as the amount of restitution. See 18 U.S.C.

§ 3663A(b)(1)(B)(i). Bernot is not entitled to a credit against the restitution for the

down payment he made on the house. See id. 

4. The district court did not clearly err in ordering immediate repayment,

which is the default for restitution under 18 U.S.C. § 3572(d)(1). Bernot did not

2
object to immediate repayment at sentencing, nor does he argue on appeal that he

is unable to make immediate repayment.

AFFIRMED.

3
<PAGE>


     This  amendment  Form  10-Q/A  is being  filed  to  correct  Signature  and
Exhibit-23  pages for date of "August 12,  1998" which was previously reported
as "August , 1998".





                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D. C. 20549


                                    FORM 10-Q/A


              [X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                  For the quarterly period ended June 30, 1998

              [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d)
                     OF THE SECURITIES EXCHANGE ACT OF 1934

     For the transition period from ________________ to ________________

                          Commission file number 1-9779

                             NIPSCO Industries, Inc.
             (Exact name of registrant as specified in its charter)


                                                          Indiana 35-1719974
                                     (State  or other  jurisdiction  of  (I.R.S.
                                    Employer   incorporation   or  organization)
                                    Identification No.)


                                   801 East 86th Avenue,  Merrillville,  Indiana
                                    46410   (Address  of   principal   executive
                                    offices) (Zip Code)


     Registrant's telephone number, including area code: (219) 853-5200

      Indicate by check mark  whether the  registrant  (1) has filed all reports
required to be filed by Section 13 or 15(d) of the  Securities  Exchange  Act of
1934  during  the  preceding  12 months  (or for such  shorter  period  that the
registrant  was required to file such  reports) and (2) has been subject to such
filing requirements for the past 90 days.


     Yes X No -------- --------

                            As of July 31, 1998,  120,145,573 common shares were
outstanding.
<PAGE>




Signatures

      Pursuant to the  requirements of the Securities  Exchange Act of 1934, the
registrant  has duly  caused  this  report  to be  signed  on its  behalf by the
undersigned thereunto duly authorized.


                               NIPSCO Industries, Inc.

                                    (Registrant)

                                  /s/ STEPHEN P. ADIK
     --------------------------------------------------
                                 Stephen P. Adik
               Executive Vice President, Chief Financial Officer,
                                 Treasurer and Chief Accounting Officer



Date:  August 12, 1998
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in theRegistration Statements of Andrea Electronics Corporation and Subsidiaries (the “Company”) on Form S-3 (333-114245, 333-69248, 333-51424, 33-83173, 333-61115), and Form S-8 (333-82738, 333-31946, 333-82375, 333-52129, 333-45421, 333-38609,333-35687, 033-84092, 333-14385) of our report dated March 8, 2006 with respect to our audits of the consolidated financial statements of the Company as of December 31, 2005 and 2004 and for the years then ended, which report is includedin this Annual Report on Form 10-KSB for the year ended December 31, 2005. 

/s/ Marcum and Kliegman LLP 

Marcum and Kliegman LLP 

Melville, New York 

March 30, 2006
#### Donna Ponholzer et al., Respondents, v Edward D. Simmons, M.D., et al., Appellants.

Submitted March 7, 2011;

decided May 5, 2011

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
#### KITTINGER v. MONTGOMERY WARD & CO.

No. 4675.

District Court, W. D. Missouri, W. D.

May 16, 1947.

Charles C. Shafer, Jr., of Kansas City. Mo., for plaintiff.

Watson, Ess, Barnett, Whittaker & Marshall, Carl E. Enggas, and John J. Hasburg, Jr., all of Kansas City, Mo., for defendant.

REEVES, District Judge.

By Count 2 of the complaint the plaintiff invokes the provisions of the Fair Labor Standards Act, 29 U.S.C.A. § 201 et seq., and in substance says that in specified periods of his employment he worked overtime. Plaintiff seeks a judgment for such overtime for which he says he was not compensated.

The motion for a bill of particulars calls for the specific dates of such overtime and even requests the detail of such overtime in hours and minutes. It further asks for the nature of plaintiff’s duties upon the occasion of every alleged overtime service. It also asks for the classification of the plaintiff by the War Labor Board or Salary Stabilization Unit under Executive Order No. 9250, 50 U.S.C.A.Appendix, § 901 note, etc. Other requests are in like tenor and purpose.

The motion is filed under the specific provisions of Rule 12 (e), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for the Federal Courts. The provisions of said paragraph (e) of Rule 12 as originally drawn and promulgated have been the subject of more judicial rulings than any other part of the rules. It was subject to criticism by committees, judges, and members of the bar. These criticisms culminated in an amendment to the rule by the Supreme Court. By such amendment the motion for a bill of particulars was stricken and in lieu thereof the following amendment was made: “If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading.”

The proposed amendments to the rules, of which this is a part, were submitted by *291the Supreme Court through the Attorney General to the Congress. It is quite obvious that no adverse action will be taken by the Congress and that same in due course will become effective. -In the meantime the weight of authority is completely against the enforcement of the rule as it originally stood. An examination of Count 2 of the complaint shows that the defendant can file his responsive pleading as it is fully advised as to the nature of the claim interposed by the plaintiff. The details sought can readily be obtained under the discovery rules.

To require the plaintiff in this case to set forth the data asked for by the motion would make the complaint unduly verbose and would compel a complete violation of the provisions of Rule 8.

In view of the above, the motion will be denied and the plaintiff will be granted the usual time to plead further.
#### In the Matter of David A. Rigle, Appellant, v Richard F. Daines, as Commissioner of Health, et al., Respondents.

Decided March 31, 2011

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
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.                  

###### Nuclear Regulatory Commission

      ( print page 4259)    
The ACRS Subcommittee on Plant License Renewal will hold a meeting on February 4, 2009, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland.

The entire meeting will be open to public attendance.

The agenda for the subject meeting shall be as follows:

*Wednesday, February 4, 2009—1:30 p.m. until 5 p.m.*

The Subcommittee will discuss the Beaver Valley Power Station (BVPS) license renewal application and the associated Safety Evaluation Report (SER) with Open Items prepared by the staff. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, BVPS, First Energy Nuclear Operating Company, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.

                    Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Christopher Brown (telephone 301-415-7111) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted. Detailed procedures for the conduct of and participation in ACRS meetings were published in the                     **Federal Register**                     on October 6, 2008 (73 FR 58268-58269).                

Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 6:45 a.m. and 3:30 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda.

Dated: January 12, 2009.

Cayetano Santos,

Chief, Reactor Safety Branch A, Advisory Committee on Reactor Safeguards.

 [FR Doc. E9-1375 Filed 1-22-09; 8:45 am]

BILLING CODE 7590-01-P