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## Breadcrumb

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-                   Secretary of Labor v. Canyon Fuel Company, LLC              

#   Secretary of Labor v. Canyon Fuel Company, LLC

Canyon WEST 2015-635 Meeting Notice 2-16-17.pdf

Canyon WEST 2015-635 Meeting Notice 2-16-17.htm

secretary-labor-v-canyon-fuel-company-docket-west2015-635-etal2-16-17.mp3

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3438 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3438

  To amend the microloan program of the Small Business Act to define 
                     State, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

 Mr. Sablan (for himself and Mrs. Radewagen) introduced the following 
      bill; which was referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
  To amend the microloan program of the Small Business Act to define 
                     State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Mariana Islands 
Entrepreneurship Act of 2021''.

SEC. 2. MICROLOAN PROGRAM; DEFINITIONS.

    Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C. 
636(m)(11)) is amended--
            (1) in clause (ii) of subparagraph (C), by striking 
        ``rural'' and all that follows to the end of the clause and 
        inserting ``rural;'';
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) the term `State' means each of the several 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, the Virgin Islands of the United States, 
                Guam, the Commonwealth of the Northern Mariana Islands, 
                and American Samoa.''.
                                 <all>
```
#### Steve CANNON, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction; Goodman, Nurse; King, Nurse; Landry, Nurse; Reese, Nurse; Bradley, Nurse; Harris, Nurse, Defendants, Green, Ms., Classification, Appellee, Arkansas Department of Correction, Defendant.

No. 10-3028.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 23, 2010.

Filed: Jan. 4, 2011.

*88Before BYE, BOWMAN, and COLLOTON, Circuit Judges.

PER CURIAM.

Following entry of judgment in his 42 U.S.C. § 1988 action, Steve Cannon appeals the district court’s1 grant of summary judgment to Ms. Green, a classification officer at the prison where Cannon was formerly incarcerated. After careful review, we agree with the district court that there was no evidence Cannon even attempted to exhaust administratively his claims against Green as required by the Prison Litigation Reform Act (PLRA). *See King v. Iowa Dep’t of Corr.,*598 F.3d 1051, 1052 (8th Cir.), *cert. denied,*— U.S. —, 131 S.Ct. 499, 178 L.Ed.2d 296 (2010) (reviewing de novo district court’s interpretation of PLRA’s administrative exhaustion provision); *Popoalii v. Corr. Med. Servs.,*512 F.3d 488, 499 (8th Cir. 2008) (reviewing de novo grant of summary judgment). Accordingly, dismissal was required, *see Jones v. Bock,*549 U.S. 199, 211, 218-20, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007), but we clarify that the dismissal was without prejudice.

1

. The Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3530 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3530

 To amend the Immigration and Nationality Act to impose a penalty for 
              illegal immigration, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2021

Mr. Nehls (for himself and Mr. Reschenthaler) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to impose a penalty for 
              illegal immigration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal Immigration Penalty 
Enhancement Act of 2021''.

SEC. 2. PENALTY FOR ILLEGAL IMMIGRATION.

    (a) In General.--Chapter 8 of Immigration and Nationality Act (8 
U.S.C. 1321 et seq.) is amended by adding after section 275 of the 
Immigration and Nationality Act (8 U.S.C. 125) the following new 
section:

``SEC. 275A. PENALTY FOR ILLEGAL IMMIGRATION.

    ``(a) Offense.--Notwithstanding any other provision of law, a 
certain illegal alien found to have reentered into the United States 
shall be imprisoned for a term of not less than five years in a Federal 
correctional facility.
    ``(b) Conviction for a Crime.--Notwithstanding any other provision 
of law, a certain illegal alien who is convicted of an offense under 
subsection (a) and an offense under State or Federal law shall serve 
such sentences consecutively with the penalty for the offense under 
subsection (a) being served in a Federal correctional facility.
    ``(c) Subsequent Entry.--The penalty under subsection (a) shall 
apply to each unlawful entry into the United States.
    ``(d) Certain Illegal Alien Defined.--In this section, the term 
`certain illegal alien' means an alien, who at the time of a commission 
of an offense under subsection (a)--
            ``(1) does not have lawful immigration status, including--
                    ``(A) an alien who entered the United States 
                without inspection, admission, or parole; or
                    ``(B) an alien whose lawful status has expired or 
                was rescinded, revoked, or otherwise terminated; and
            ``(2) has reentered the United States after being 
        deported.''.
    (b) Conforming Amendment.--The table of contents for the 
Immigration and Nationality Act is amended by inserting after the item 
relating to section 275 the following:

``Sec. 275A. Penalty for illegal immigration.''.
                                 <all>
```
Exhibit 32.1
CertificationCertification of Periodic Financial Report
Pursuant to 18 U.S.C. Section 1350

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Obsidian Enterprises,
Inc. (the Company) certifies that the Quarterly Report on Form 10-Q
of the Company for the quarter ended July 31, 2003, fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and the information contained in that Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company.

|Dated:  September 14, 2004 | /s/ Timothy S. Durham
Timothy S. Durham
Chairman and Chief Executive Officer
|-------------------------- | ----------------------------------------------------------------------------
----

|   | 2. | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operation of the      Company. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/      L. Paul Latham                               |
|-------------------------------------------------------|
| L.      Paul Latham                                   |
| President      and Chief Executive Officer            |
| of      Southwest Royalties, Inc., the                |
| Managing      General Partner of                      |
| Southwest      Oil & Gas Income Fund VIII-A, L.P. |
|                                                  |
| November      12, 2008                                |
|                                                  |
|                                                  |
| /s/      Mel G. Riggs                                 |
| Mel      G. Riggs                                     |
| Vice      President and Chief Financial Officer of    |
| Southwest      Royalties, Inc., the                   |
| Managing      General Partner of                      |
| Southwest      Oil & Gas Income Fund VIII-A, L.P. |
|                                                  |
| November      12, 2008                                |
<PAGE>   1

       EXHIBIT 23.1 - CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements on
Form S-8 No. 33-75268 pertaining to the 1994 Stock Option Plan and 1994 Stock
Purchase Plan, No. 33-80662 pertaining to the 1994 Stock Option Plan, No.
33-93394 pertaining to the 1994 Employee Stock Purchase Plan, No. 333-29801
pertaining to the 1994 Stock Option Plan, No. 333-60057 pertaining to the 1994
Stock Option Plan, and No. 333-79789 pertaining to the 1994 Stock Option Plan of
InSite Vision Incorporated of our report dated February 9, 2000, with respect to
the consolidated financial statements of InSite Vision Incorporated included in
the Annual Report (Form 10-K) for the year ended December 31, 1999.


                                          /s/  Ernst & Young LLP

Walnut Creek, California
March 27, 2000
Consent of Independent Auditors


We consent to the  incorporation  by  reference in the  Registration  Statements
(Form  S-8 Nos.  333-74635  and  333-74631)  pertaining  to the  Total  Research
Corporation  1995 Stock  Incentive  Plan and the 1986 Employee Stock Option Plan
and in the  related  Prospectus  of our report  dated  September  21,  1998 with
respect to the consolidated  financial  statements of Total Research Corporation
included in the Annual  Report (Form 10-K) for the years ended June 30, 1998 and
1997.




September 27, 1999
Edison, New Jersey
                                            /s/  AMPER, POLITZINER & MATTIA, PC
                                            -----------------------------------
                                            AMPER, POLITZINER & MATTIA, PC
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation byreference in Registration Statement No. 333-109261 and No. 333-32819 of LOGICDevices Incorporated on Form S-8 and Registration Statement No. 333-16591 ofLOGIC Devices Incorporated on Form S-3 of our report, dated November 5, 2004,appearing in this Annual Report on Form 10-K of LOGIC Devices Incorporated, forthe years ended September 30, 2004 and September 28, 2003.

/s/Perry-Smith LLP

Sacramento, California

December 14, 2004
Exhibit 10.13
 Carey Investment Holdings Corp.  2010 Stock Incentive Plan
 1. Purpose of the Plan.
 Plan Company
 2. Definitions.
 (a) Affiliate
 (b) Applicable Law
 (c) Beneficial Owner
 (d) Board
 (e) Cause nolo contendere




---



##### 



(f) Change in Control
 (i)
 (ii)
 (iii)
 (g) Code
 (h) Committee provided
 (i) Common Stock
  2




---



##### 



(j) Consultant
 (k) Disability
 (l) Effective Date
 (m) Employment
 (n) Employment Agreement
 (o) Exchange Act
 (p) Fair Market Value NASDAQ
  3




---



##### 



(q) Good Reason provided provided further
 (r) Initial Investors
 (s) Initial Public Offering
 (t) ISO
 (u) Option
 (v) Option Price
 (w) Other Stock-Based Awards
 (x) Participant
 (y) Person
  4




---



##### 



(z) Plan
 (aa) Securities Act
 (bb) Shares
 (cc) Stock Appreciation Right
 (dd) Stock Award
 (ee) Stock Award Agreement
 (ff) Stockholders Agreement
 (gg) Subsidiary
 3. Administration by Committee.
 provided
  5




---



##### 



4. Shares Subject to the Plan and Participation.
   5. General Limitations .
 (a) Tenth Anniversary
 (b) Consultants Rule 701
  6




---



##### 



6. Terms and Conditions of Options .
  (a) Option Price
 (b) Exercisability
 (c) Exercise of Options provided
  7




---



##### 



(d) ISOs provided
 (e) Attestation
 7. Terms and Conditions of Stock Appreciation Rights .
 (a) Grants
  8




---



##### 



(b) Terms provided however
 (c) Limitations
 8. Other Stock-Based Awards.
 Other Stock-Based Awards
  9




---



##### 



9. Adjustments upon Certain Events .
  (a) Generally provided Compensation  Stock Compensation
 (b) Change in Control
 10. No Right to Employment or Stock Awards .
   10




---



##### 



11. Successors and Assigns.
  12. Nontransferability of Awards.
  13. Amendments or Termination.
 provided however
 14. Choice of Law.
  15. Effectiveness of the Plan.
  16. Exchange Act Exemption.
 Employee Options Exemption
  11




---



##### 



17. Section 409A.
 provided
  12
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               DEC-31-1999
<CASH>                                           3,099
<SECURITIES>                                         0
<RECEIVABLES>                                    6,509
<ALLOWANCES>                                       175
<INVENTORY>                                      4,070
<CURRENT-ASSETS>                                13,973
<PP&E>                                           7,242
<DEPRECIATION>                                   4,040
<TOTAL-ASSETS>                                  18,140
<CURRENT-LIABILITIES>                            6,750
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           312
<OTHER-SE>                                      10,943
<TOTAL-LIABILITY-AND-EQUITY>                    18,140
<SALES>                                          7,347
<TOTAL-REVENUES>                                 7,347
<CGS>                                            4,458
<TOTAL-COSTS>                                    4,458
<OTHER-EXPENSES>                                 1,966
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    942
<INCOME-TAX>                                       328
<INCOME-CONTINUING>                                614
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       614
<EPS-BASIC>                                        .20
<EPS-DILUTED>                                      .20


</TABLE>
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      Federal Mine Safety and Health Review Commission    

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## Breadcrumb

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-                   Performance and Accountability Report Fiscal Year 2015              

#   Performance and Accountability Report Fiscal Year 2015

##           Downloads        

FMSHRC 2015 Performance and Accountability Report .pdf

##### Footer Links

-  EEO Policies 
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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
# Un **ited States Court**  **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 11284 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Robert David Fyke,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:21

- CR

- 82

- 1

Before **Jolly, Jones,** and **Southwick ,**  Circuit Judges

**. Per Curiam**  **:** *

The Federal Public Defender appointed to represent Robert David Fyke has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Fyke has not filed a response. We have reviewed

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 2, 2022
Lyle W. Cayce Clerk Case: 21-11284 Document: 00516416726 Page: 1 Date Filed: 08/02/2022No. 21

- 11284

2 counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to
withdraw is **GRANTED** , counsel is excused from further responsibilities herein, and the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 21-11284 Document: 00516416726 Page: 2 Date Filed: 08/02/2022
104 A.3d 1074

#### STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TERRELL L. PIERCE, DEFENDANT-PETITIONER.

December 16, 2014.

It is ORDERED that the petition for certification is granted and the matter is summarily remanded to the sentencing court to consider the real-time effect of the court’s sequencing of consecutive sentences. Specifically, in imposing a least restrictive or flat prison term preceding a more restrictive prison term, the court is directed to explain the consequence of any sequencing and to justify its exercise of discretion to impose the specific real-time consequence based on the court’s finding and weighing of aggravating factors. *See State v. Ellis,*346 *N.J.Super.*583, 597, 788 A.2d 849 (App.Div.), *affd o.b.,*174 *N.J.*535, 809 A.2d 796 (2002); *see also State v. Kruse,*105 *N.J.*354, 359-60, 362, 521 A.2d 836 (1987) (recognizing heightened standard for imposing period of parole *206ineligibility and further stating that “in all cases where it finds parole ineligibility appropriate, the court should state the reasons for the sentence, indicating why it is clearly convinced that the aggravating substantially outweigh the mitigating factors”). Jurisdiction is not retained.