alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
```

[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30069-30070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14788]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1285-000]

Streator-Cayuga Ridge Wind Power LLC; Supplemental Notice That 
Initial Market-Based Rate Filing Includes Request for Blanket Section 
204 Authorization

June 17, 2009.
    This is a supplemental notice in the above-referenced proceeding of 
Streator-Cayuga Ridge Wind Power LLC's application for market-based 
rate authority, with an accompanying rate tariff, noting that such 
application includes a request for blanket authorization, under 18 CFR 
part 34, of future issuances of securities and assumptions of 
liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). Anyone filing a motion to intervene or protest must serve a 
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is July 16, 2009.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the

[[Page 30070]]

Federal Energy Regulatory Commission, 888 First St., NE., Washington, 
DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive e-mail notification 
when a document is added to a subscribed dockets(s). For assistance 
with any FERC Online service, please e-mail [email protected]. 
or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14788 Filed 6-23-09; 8:45 am]
BILLING CODE 6717-01-P
```
1 The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri. ___________ No. 96-1049

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. William Ray Christal, * * [UNPUBLISHED] Appellant. *

___________ Submitted: December 6, 1996 Filed: December 16, 1996

___________ Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM.

William Ray Christal appeals the 78-month sentence imposed by the district court 1after he pleaded guilty to possessing methamphetamine with intent to distribute. Through counsel, Christal contends the court improperly calculated his offense levelbecause the government failed to prove his offense involved dmethamphetamine. In pro se supplemental briefs, Christal also challenges the assessment of a two-level increase for possessing a weapon under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1)(1995), and asserts his counsel in the district court was ineffective. We affirm for the following reasons.

First, Christal may not now challenge his base offense level because he stipulated in his plea agreement to possessing 19.44-2- grams of actual methamphetamine, with a resulting base offense level of 26. See United States v. Early , 77 F.3d 242, 244 (8th Cir. 1996) (per curiam) (defendant cannot challenge Guidelines application on appeal where defendant's plea agreement expressly set forth base offense level and type of controlled substance); United States v. Durham , 963 F.2d 185, 187 (8th Cir.) (specific challenges to sentence waived by virtue of stipulations in plea agreement), cert. denied , 506 U.S. 1023 (1992).

Second, the district court did not clearly err in assessing the section 2D1.1(b)(1) increase. See United States v. Betz , 82 F.3d 205, 210 (8th Cir. 1996) (standard of review). The investigating officer found Christal in the living room and a loaded 9mm semi-automatic handgun on top of a dresser in the bedroom where the drugs were located. The proximity of Christal, the drugs, and the handgun established a sufficient nexus between the handgun and Christal's criminal activity. See U.S. Sentencing Guidelines Manual § 2D1.1(b)(1), comment. (n.3) (1995) (increase applies if weapon was present, unless clearly improbable that weapon was connected with offense); United States v. Payne , 81 F.3d 759, 763 (8th Cir. 1996); United States v. Richmond , 37 F.3d 418, 420 (8th Cir. 1994), cert. denied , 115 S. Ct. 1163 (1995). Christal's claim that the weapon belonged to someone else is unavailing. See Payne , 81 F.3d at 762 (ownership not required for § 2D1.1(b)(1) enhancement).

Finally, Christal's ineffective-assistance claim should be raised in a 28 U.S.C. § 2255 proceeding where the record can be properly developed. See United States v. Kenyon , 7 F.3d 783, 784- 85 (8th Cir. 1993).

Accordingly, we affirm the judgment of the district court.-3- A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### Catherine SANTOSSIO and Glenn Prentice, Plaintiffs-Appellants, v. CITY OF BRIDGEPORT, Robert Studivant, Arthur Carter, Thomas Sweeney, and Hector Torres, Defendants-Appellees, Pablo Otero, Defendant.

No. 04-5778-CV.

United States Court of Appeals, Second Circuit.

June 21, 2006.

Susan King Shaw, King and Shaw, LLC, New Haven, CT, for Appellants.

John R. Mitola, Associate City Attorney, Office of the City Attorney, Bridgeport, CT, for Appellees.

Present THOMAS J. MESKILL, JOSÉ A. CABRANES and PETER W. HALL, Circuit Judges.

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, *131AND DECREED that the judgment of said District Court be and hereby is AFFIRMED.

Plaintiffs-Appellants Catherine Santossio and Glenn Prentice appeal from a judgment of the District Court dated September 30, 2004 that (1) granted summary judgment to defendants on Count One and Count Two of plaintiffs’ four-count complaint and (2) dismissed the state law claims of Count Three and Count Four without prejudice to refile in state court upon the District Court’s decision not to exercise supplemental jurisdiction when no federal claims remained. *See Santossio v. City of Bridgeport,*No. 3:01CV1460, 2004 WL 2381559 (D.Conn. Sept. 28, 2004).

We assume the parties’ familiarity with the underlying facts and procedural history.

Santossio filed this action against the City of Bridgeport and five city employees on August 3, 2001 alleging that defendant Pablo Otero sexually assaulted her, among other maltreatment, and that the City’s response was inadequate. She, along with plaintiff Glenn Prentice, alleged in addition that the defendants retaliated against them after Santossio complained about Otero’s actions and Prentice testified against Otero at a city administrative proceeding.

Substantially for the reasons stated in the thoughtful and comprehensive opinion of the District Court, we conclude that summary judgment for the moving defendants (all defendants except for Otero) was appropriate for Count One and Count Two of plaintiffs’ complaint (which stated federal claims under the First and Fourteenth Amendments and 42 U.S.C. § 1983) and that the District Court did not err in declining to exercise supplemental jurisdiction over the remaining state law claims (which were complaints of Santossio against Otero only).

We have carefully considered all of plaintiffs’ arguments and find them without merit. The judgment of the District Court is AFFIRMED.
Exhibit 31.1

                            302(a) CERTIFICATIONS

I, Hans-Werner Huss, certify that:

1.  I have reviewed this quarterly report on Form 10-QSB of Integrated
Micrometallurgical Systems, 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 small
business issuer as of, and for, the periods presented in this report;

4.  The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15 and 15d-15) and internal
control over financial reporting (as defined in Exchange Act Rules 13a-15(f)
and 15d-15(f)) for the small business issuer and we have:

  a)  designed such disclosure controls and procedures to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is being
prepared;

  b)  evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about
the effectiveness  of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation.

5.  The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation, to the small business
issuer's auditors and the audit committee of small business issuer's board of
directors (or persons performing the equivalent function):

  a)  all significant deficiencies and material weakness in the design or
operation of internal controls over financial reporting which are reasonably
likely to adversely affect the small business issuer'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 small business issuer's internal
control over financial reporting.

Date:November 20, 2006

/s/ H. Werner Huss
------------------
H. Werner Huss,
President and Chief Executive Officer



<PAGE>
Exhibit 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER 
PURSUANT TO 18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO SECTION 906
OF SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Brekford International Corp. (the Company) on Form 10-Q for the three and nine months ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chandra (C.B.) Brechin, Principal Executive Officer, certify to my knowledge and in my capacity as an officer of the Company, 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 results of operations of the Company.



|                       |                            
|---------------------- | ---------------------------
|Date: October 31, 2008 | /s/ CHANDRA (C.B.) BRECHIN 
|                       | Chandra (C.B.) Brechin     
|                       | Principal Executive Officer
|                       |                            



The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
EXHIBIT 10.01


 


COMPENSATION AGREEMENT


 


This Compensation Agreement
is dated as of July 23, 2013 between FreeSeas Inc., a Marshall Islands corporation (the “Company”), and Marc
J. Ross (the “Consultant”).


 


WHEREAS, the
Company has requested the Consultant to provide the Company with certain SEC-related legal services in connection with its business
(the “Services”) and the Consultant has agreed to provide the Company with the Services through September 30,
2013; and


 


WHEREAS, the
Company wishes to compensate the Consultant with shares of its common stock for such Services through the payment to the Consultant
of a fixed fee of 500,000 shares of its common stock, par value $0.001 per share (the “Shares”).


 


NOW THEREFORE,
in consideration of the mutual covenants hereinafter stated, it is agreed as follows:


 


1.The Company shall issue 500,000
Shares to the Consultant, as consideration for the Services rendered through September 30, 2013. The Company shall register all
500,000 Shares on a Form S-8 under this Compensation Agreement. The registration statement shall be filed promptly following the
execution of this Compensation Agreement.


 


IN
WITNESS WHEREOF, this Compensation Agreement has been executed by the parties as of the date first above written.


 





	 	CONSULTANT
	 	 
	 	 
	 	By: 	/s/ MARC J. ROSS
	 	 	Marc J. Ross



 


	 	The Company:
	 	 
	 	FREESEAS INC.
	 	 
	 	 
	 	By:	/s/ ALEXANDROS MYLONAS
	 	 	Alexandros Mylonas 

    Chief Financial Officer
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30101-30102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14895]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Accreditation and Approval of Inspectorate America Corporation, 
as a Commercial Gauger and Laboratory

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of accreditation and approval of Inspectorate America 
Corporation, as a commercial gauger and laboratory.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 
CFR 151.13, Inspectorate America Corporation, 141 N. Pasadena Blvd., 
Pasadena, TX 77506, has been approved to gauge and accredited to test 
petroleum and petroleum products, organic chemicals and vegetable oils 
for customs purposes, in accordance with the provisions of 19 CFR 
151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to 
conduct laboratory analyses and gauger services should request and 
receive written assurances from the entity that it is accredited or 
approved by the U.S. Customs and Border Protection to conduct the 
specific test or gauger service requested. Alternatively, inquires 
regarding the specific test or gauger service this entity is accredited 
or approved to perform may be directed to the U.S. Customs and Border 
Protection by calling (202) 344-1060. The inquiry may also be sent to 
<a href="/cdn-cgi/l/email-protection#cba8a9bbe5a7aaa9a3ba8bafa3b8e5aca4bd"><span class="__cf_email__" data-cfemail="345756441a5855565c4574505c471a535b42">[email protected]</span></a>. Please reference the Web site listed below for a 
complete listing of CBP approved gaugers and accredited laboratories. 
http://cbp.gov/xp/cgov/import/operations--support/

[[Page 30102]]

labs--scientific--svcs/commercial--gaugers/.

DATES: The accreditation and approval of Inspectorate America 
Corporation, as commercial gauger and laboratory became effective on 
February 25, 2009. The next triennial inspection date will be scheduled 
for February 2012.

FOR FURTHER INFORMATION CONTACT: Anthony Malana, Laboratories and 
Scientific Services, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-
1060.

    Dated: June 18, 2009.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
[FR Doc. E9-14895 Filed 6-23-09; 8:45 am]
BILLING CODE 9111-14-P


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Opinion issued July 2, 2019

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-19-00050-CV

———————————

IN RE AMBER YEAGER, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Amber Yeager, has filed a petition for writ of mandamus asking that 

we order the trial court to vacate its January 11, 2019 order declining to exercise 

jurisdiction over the case.1

 

1 The underlying case is In the Interest of C.B., a child, Cause no. 10-FD-0068, 

pending in the County Court at Law No. 1 of Galveston County, Texas, the Hon. 

John Grady presiding.
The petition for writ of mandamus is DENIED. We also lift the stay 

previously ordered in this case.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Hightower.
Number of Revenues Percentage of Mean Median

Gaming Revenue Range Operations (in thousands) Operations Revenues (in thousands) (in thousands)

Gaming operations with fiscal years ending in 2013

$250 million and over 26 $11,339,225 5.8% 40.5% $436,124 $374,214

$100 million to $250 million 52 $8,581,295 11.6% 30.6% $165,025 $163,382

$50 million to $100 million 51 $3,633,364 11.4% 13.0% $71,242 $69,459

$25 million to $50 million 68 $2,416,657 15.1% 8.6% $35,539 $33,501

$10 million to $25 million 95 $1,511,162 21.2% 5.4% $15,907 $15,605

$3 million to $10 million 79 $462,919 17.6% 1.7% $5,860 $5,368

Under $3 million 78 $86,974 17.4% 0.3% $1,115 $847

Total 449 $28,031,595

Gaming operations with fiscal years ending in 2012

$250 million and over 24 $10,815,771 5.6% 38.8% $450,657 $387,724

$100 million to $250 million 56 $9,384,248 13.2% 33.6% $167,576 $165,306

$50 million to $100 million 51 $3,547,829 12.0% 12.7% $69,565 $65,829

$25 million to $50 million 57 $2,011,824 13.4% 7.2% $35,295 $33,043

$10 million to $25 million 98 $1,639,971 23.1% 5.9% $16,734 $16,180

$3 million to $10 million 70 $414,112 16.5% 1.5% $5,916 $5,598

Under $3 million 69 $86,249 16.2% 0.3% $1,250 $1,019

Total 425 $27,900,004

Gaming operations with fiscal years ending in 2011

$250 million and over 23 $10,421,992 5.5% 38.4% $453,130 $378,397

$100 million to $250 million 55 $9,065,678 13.1% 33.4% $164,831 $156,252

$50 million to $100 million 52 $3,639,595 12.4% 13.4% $69,992 $66,151

$25 million to $50 million 55 $1,902,860 13.1% 7.0% $34,597 $32,784

$10 million to $25 million 98 $1,629,551 23.3% 6.0% $16,628 $15,753

$3 million to $10 million 70 $413,441 16.6% 1.5% $5,906 $5,525

Under $3 million 68 $80,691 16.2% 0.3% $1,187 $1,010

Total 421 $27,153,807

Gaming operations with fiscal years ending in 2010

$250 million and over 21 $10,009,379 5.0% 37.8% $476,637 $377,728

$100 million to $250 million 53 $8,685,402 12.6% 32.8% $163,876 $156,824

$50 million to $100 million 53 $3,756,504 12.6% 14.2% $70,877 $65,898

$25 million to $50 million 61 $2,091,904 14.5% 7.9% $34,294 $32,550

$10 million to $25 million 88 $1,435,762 20.9% 5.4% $16,315 $15,641

$3 million to $10 million 72 $444,384 17.1% 1.7% $6,172 $6,102

Under $3 million 74 $79,198 17.5% 0.3% $1,070 $839

Total 422 $26,502,533

Gaming operations with fiscal years ending in 2009

$250 million and over 21 $10,256,700 5.0% 38.7% $488,414 $387,003

$100 million to $250 million 50 $8,167,831 11.9% 30.8% $163,357 $158,652

$50 million to $100 million 52 $3,707,540 12.4% 14.0% $71,299 $70,729

$25 million to $50 million 67 $2,384,381 16.0% 9.0% $35,588 $33,474

$10 million to $25 million 90 $1,473,178 21.5% 5.6% $16,369 $15,900

$3 million to $10 million 68 $415,275 16.2% 1.6% $6,107 $6,174

Under $3 million 71 $77,542 16.9% 0.3% $1,092 $779

Total 419 $26,482,447

Source: Compiled from gaming operation audit reports received and entered by the NIGC through 6/27/2014.

NIGC Tribal Gaming Revenues
Exhibit 32.1

                    KMA GLOBAL SOLUTIONS INTERNATIONAL, INC.
               FORM 10-QSB FOR THE QUARTER ENDED OCTOBER 31, 2006
      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
           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 (the "report") of KMA Global
Solutions International, Inc. (the "Company") on Amendment No. 1 to Form 10-QSB
for the period ended October 31, 2006, as filed with the Securities and Exchange
Commission, Jeffrey D. Reid, Chief Executive Officer and Chief Financial Officer
of the Company, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. ss. 1350), that to his knowledge:

(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 results of operations of the Company.


                             /s/ Jeffrey D. Reid
                             -------------------
                             Jeffrey D. Reid
                             Chief Executive Officer and Chief Financial Officer

Date:  December 15, 2006
FOURTH AMENDMENT
                              TO THE
                    EMPLOYEES' RETIREMENT PLAN
                               OF
                   EASTERN UTILITIES ASSOCIATES
                   AND ITS AFFILIATED COMPANIES


        WHEREAS, Eastern Utilities Associates (the "Employer") previously
established the Employees' Retirement Plan of Eastern Utilities Associates and
Its Affiliated Companies (the "Plan"); and

        WHEREAS, the Employer amended and restated the Plan effective January
1, 1989; and

        WHEREAS, the Employer has reserved the right to amend the Plan from
time to time under Section 12.1 of the Plan;

        NOW, THEREFORE, in accordance with and pursuant to the foregoing, the
Plan is amended effective as indicated below as follows:

1.      Effective for amounts paid after December 31, 1997, Section 1.15 is
        hereby amended by inserting after the first paragraph, the following:

       "Notwithstanding the foregoing, effective for amounts paid after
        December 31, 1997, Earnings shall include any special pay not paid as a
        commission and bonuses, excluding payments designed to retain an
        Employee in the employ of the Employer; provided , however, that in the
        case of an Employee covered by a collective bargaining agreement,
        Earnings shall not include special pay not paid as a commission and
        bonuses unless the bargaining agreement which such Employee is covered
        provides otherwise."

2.      Effective for deaths occurring after January 1, 1998, Section 7.2
        (b)(ii) is hereby amended by substituting "100%" for "50%" wherever it
        appears in said section.

        IN WITNESS WHEREOF, EASTERN UTILITIES ASSOCIATES has caused this
instrument to be executed and delivered on its behalf by the undersigned on
this 30th day of April, 1998.

ATTEST:                                 EASTERN UTILITIES ASSOCIATES


/s/Clifford J. Hebert, Jr.              By: /s/Donald G. Pardus
   Clifford J. Hebert, Jr.                     Donald G. Pardus
Secretary
                                        Its: Chairman

(Corporate Seal)