alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCUIT

No. 11-40285 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. TREVOR HENDERSON, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:10-CR-1-8

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM: * Trevor Henderson received a 51-m o n th prison term following his guilty plea to one count of possession of methamphetamine w ith intent to distribute. He challenges the district court’s calculation of the sentencing guidelines range under U.S.S.G. § 2D1.1, asserting that the court reversibly e rr ed by including in the drug quantity the 56.7 grams of methamphetamine he promised to obtain for undercover officers but did not deliver. Inclusion of that amount increased his offense level from 12 to 26. U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D Decem ber 3 0, 2 011 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the court hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-40285 Document: 00511710410 Page: 1 Date Filed: 12/30/2011No. 11-40285

According to Henderson, he did not intend or have the capability to deliver the drugs but instead intended to rob the buyers of the purcha s e price. The district court erroneously ruled that his intent and/or capability were irrelevant

once he arrived for a face

- t o - f a c e meeting with the buyers. See § 2D1.1, cmt. (n.12); Unite d States v. Davis , 478 F.3d 266, 268-70 (5th Cir. 2007). The Gov e r n ment fails to show that the significant procedural error was harmless. See Gall v. United States , 552 U.S. 38, 51 (2007); United States v. Delgado-Marti n ez , 5 6 4 F.3d 750, 753 (5th Cir. 2009). Accordingly, we vacate Henderson’s sentence and remand for resentencing. See Delgado-Martinez , 564 F.3d at 752-53. H e nderson also asserts that the district court reversibly erred by classifying as relevant conduct his possession of .18 grams of methamphetamine for personal use while on pre-trial release. He correctly concedes, however, that the alleged error will not affect his guidelines range. Th u s , i t is not a “significant procedural error.” See Gall , 552 U.S. at 597 (defining “s i gn if i c ant procedural error” warranting reversal to inc l u d e improper calculation of the guidelines range). SENTENCE VACATED AND REMANDED.

2 Case: 11-40285 Document: 00511710410 Page: 2 Date Filed: 12/30/2011
**Docket Number FAA -**  **2014 -**  **0291**
#### § 367.100 Accounts 131-174, Current and accrued assets.

Current and accrued assets are cash, those assets which are readily convertible into cash or are held for current use in operations or construction, current claims against others, payment of which is reasonably assured, and amounts accruing to the service company that are subject to current settlement, except those items for which accounts other than those designated as current and accrued assets are provided. There must not be included in the group of accounts designated as current and accrued assets any item, the amount or collectibility of which is not reasonably assured, unless an adequate provision for the related possible loss has been made. Items of current character but of doubtful value may be written down and for record purposes carried in these accounts at nominal value.
Exhibit 32.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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.
 November 13, 2008
    
    By:
    
    /s/ Rocco B. Commisso

Rocco B. CommissoChairman and Chief Executive OfficerBy:
    
    /s/ Mark E. Stephan

Mark E. Stephan

Executive Vice President and 

Chief Financial Officer
<PAGE>   1
                                                                    EXHIBIT 23.1


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
report dated March 9 2001, included in this Form 10-K, into Gables Residential
Trust's previously filed Registration Statements on Form S-8 (File No.
333-00618, 33-83054, 333-27177, 333-37190, 333-56334) and Form S-3 (File Nos.
33-89000, 333-40, 333-13651, 333-30093, 333-41999, 333-68359, 333-75999,
333-78389, 333-52306, and 333-46004).



/s/ Arthur Andersen LLP

Atlanta, Georgia
March 26, 2001
#### Lamont *v.*Lamont.

May 11, 1910.

Libel for divorce. Before Judge Charlton. Chatham superior court.

April 30, 1909.

*Oliver & Oliver,*for plaintiff.

Fish, C. J.

Where the domicile of a husband and wife was in a foreign country, and she, on account of his habitual intoxication and cruel treatment of her, separated from him and came to Chatham county in this State, with the intention of making her permanent residence there and of living in a bona fide state of permanent separation from him, but, after so living in such county for several years, she returned to the country of her husband’s residence and resumed her marital relations with him, the separate domicile which she may have acquired in Georgia was lost. Consequently, when she subsequently, for like causes, again separated from her husband, and, leaving him in such foreign country, returned to Chatham county in this State, with the intention of living there in a bona fide state of permanent separation from him, she could not lawfully institute in that county a suit for divorce until the expiration of the period of twelve months from the date when she returned to the same and again acquired a separate domicile therein. Civil Code, § 2431. *Judgment affirmed.*

*All the Justices concur.*
### **CHAPTER 100—NUTRIA ERADICATION AND CONTROL**

Sec.
8101.
Findings and purposes.
8102.
Nutria eradication program.
Exhibit 32

                            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 Harvest  Valley  Ventures,
Inc.,  on Form  10-QSB for the period  ending  March 31,  2003 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned, B. Stephen Bailey, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
#### § 13.3 Definitions.

*Atomic energy* means all forms of energy released in the course of nuclear fission or nuclear transformation.

*Atomic weapon* means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device.

*Original information* means information first supplied to the Federal government by the applicant, which was created or compiled through his own skill and judgment.

*Special nuclear material* means plutonium, or uranium enriched in the isotope 233 or in the isotope 235, or any other material which is found to be special nuclear material pursuant to the provisions of the Atomic Energy Act of 1954, 42 U.S.C. 2011 *et seq.*

*United States,* when used in a geographical sense, includes Puerto Rico, all Territories and possessions of the United States and the Canal Zone except in § 13.4(a)(4). In § 13.4(a)(4), *United States,* when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.
§ 701.53 Council decisions by Members. Council decisions by Members may be made by direct vote at Council meetings or by a written communication which may provide for either a written or telephone response. Written communications shall state the time limit for voting on issues which they contain; however, extensions of time may be granted by the Director or Chairman when it is deemed necessary. Issues raised at Council meetings shall be decided by majority vote of Members present and voting. Issues identified in written communications must receive approval of all Members. If an action item does not receive approval of all Members, it will be considered as an agenda item at the next Council meeting. For purposes of this section, approval of all Members shall be defined as approval without a negative vote within the time limit for voting provided within each action memorandum. Decisions affecting the authority or responsibility of a Member, within the meaning of section 3(b) of the Act, (42 U.S.C. 1962-1(b)), can be made only with that Member's concurrence. ( a ) Each of the Members in § 701.5(b) shall designate in writing to the Chairman, with a copy to the Director, those individuals who may act as their Alternates in fulfilling the duties as a Member. Each Member shall designate one Alternate and one second Alternate to represent the Member on the Council.
( b ) A quorum for the transaction of business at Council meetings shall consist of five or more Members and a majority shall consist of at least four votes.
( c ) Each Member has equal responsibility and authority in all decisions and actions of the Council. Each Member may place an item on a meeting agenda or, acting through the Director, circulate in writing an item for Council action. Each Member, as well as each Associate Member and each Observer, shall have full access to all information relating to the performance of his duties and responsibilities.
( d ) No vote shall be taken at Council meetings until each Member and Associate Member present has had full opportunity to express his views.
( e ) Members shall meet regularly at least quarterly, upon the call of the Chairman, or when requested by a majority of Members.
( f ) Matters specifically reserved for Council decision by Members are: ( 1 ) Actions requiring Presidential action or approval.
( 2 ) Approval of Annual Budget requests and the Annual Operating Program of the Office of the Water Resources Council.
( 3 ) Decisions involving substantial policy issues.
( 4 ) Delegations of authority.
( 5 ) Determination that testimony taken or evidence received shall be taken under oath.
( 6 ) Issuance of invitations to become Associate Members or Observers.
( 7 ) Appointment and termination of the appointment of the Director.
[43 FR 25945, June 15, 1978, as amended at 45 FR 24460, Apr. 10, 1980]
## Breadcrumb

-  Home 
-  SBA Leadership 
-  Rafaela Monchek 

#   Rafaela Monchek

Deputy Associate Administrator

Office of Disaster Recovery & Resilience

            Download high-resolution image          

Prior to joining the SBA, Monchek served as the Deputy Assistant Administrator for National Preparedness at the Federal Emergency Management Agency. She had oversight of the doctrine, programs and resources to prepare the nation to prevent, protect, mitigate, respond to and recover from disasters.

From 2013-2015, Monchek served as the Director for Recovery Policy with the White House, National Security Council, coordinating across the Executive Office of the President and within the agency to strengthen the collective federal capabilities to support disaster recovery operations. She supported White House coordination for drought, severe weather, Atlantic and Pacific tropical activity, wildfires, the Oso mudslide, and the domestic Ebola response. She developed a plan for domestic incident coordination for the Executive Office of the President.

Prior to the National Security Council, Monchek served in many capacities across the Department of Homeland Security/FEMA. Monchek served as Homeland Security Senior Advisor on emergency management to the Secretary. In this role, she provided guidance and built consensus on emergency management and resiliency issues across the department. Following Hurricane Sandy, Monchek served as the Homeland Security Senior Advisor to the Secretary of the Department of Housing and Urban Development, building consensus on insurance issues, community planning and capacity building in support of the Hurricane Sandy Rebuilding Task Force. 

At FEMA, Monchek’s roles included the Chief of Operations for the Mission Support Bureau, Special Assistant to the Acting Deputy Administrator, Deputy Director of the interagency National Disaster Housing Task Force, and the Applicant Services Manager for the Maryland National Processing Service Center.

Monchek began her federal career with the Department of the Interior’s South Florida Ecosystem Restoration Task Force, where she was responsible for coordinating federal and non-federal Everglades National Park restoration projects. In 2005, following Hurricane Katrina, Monchek joined FEMA as a disaster assistance employee. She facilitated access to federal assistance for disaster survivors in Mississippi. In December 2006, Monchek accepted the opportunity to join FEMA headquarters staff in Washington, D.C. as a senior program specialist for housing assistance policy.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          97,000
<SECURITIES>                                         0
<RECEIVABLES>                                3,588,000
<ALLOWANCES>                                   358,000
<INVENTORY>                                  3,572,000
<CURRENT-ASSETS>                             7,547,000
<PP&E>                                       1,967,000
<DEPRECIATION>                                 917,000
<TOTAL-ASSETS>                               9,173,000
<CURRENT-LIABILITIES>                        3,809,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,177,000
<OTHER-SE>                                     187,000
<TOTAL-LIABILITY-AND-EQUITY>                 9,173,000
<SALES>                                     54,021,000
<TOTAL-REVENUES>                            54,021,000
<CGS>                                       39,514,000
<TOTAL-COSTS>                               53,734,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             548,000
<INCOME-PRETAX>                                 27,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             27,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    27,000
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                        0


</TABLE>
Helena

National Forest

Elkhorn

Mountains

Beaverhead/Deerlodge

National Forest

Butte

Boulder

Jefferson

County

Silver Bow

County

Deerlodge

County

Whitehall

Township

8 N.

Township

6 N.

Elk Park

Anaconda

Mount Haggin

Wildlife

Management Area

Beaverhead/Deerlodge

National Forest

Beaverhead/Deerlodge

National Forest

Pipestone

Humbug

Spires

W

hitetail Basi

n

Township

4 N.

Range 13 W.

Range 11 W. Range 9 W.

Range 7 W. Range 5 W.

Range 3 W.

Range 7 W.

Township

2 S.

Range 11 W.

Range 1 W.

Wickes

Boulder

Bull

Whitehall Area Mountain

Potential Wind Energy

Development Site

Corridor

229-254

Corridor

229-254

Corridor

229-254

Corridor

229-254

Corridor

51-205

Corridor

51-205

Corridor

50-51

Corridor

51-204

Corridor

51-204

Corridor

51-204

Corridor

51-204
EX-10.08C












Exhibit No. 10.08c




MONRO MUFFLER BRAKE, INC.

1998 STOCK OPTION PLAN

AMENDMENT No. 3




dated as of September 26, 2007




     THIS AMENDMENT, dated as of September 26, 2007 (the “Amendment”) to the 1998 MONRO MUFFLER
BRAKE EMPLOYEES’ INCENTIVE STOCK OPTION PLAN, as previously amended (the “1998 Employee Plan”).



     WHEREAS, Monro Muffler Brake, Inc. (the “Company”) maintains the 1998 Employee Plan to
encourage and enable all eligible employees of the Company and its subsidiaries to acquire a
proprietary interest in the Company through the ownership of the Company’s common stock;



     WHEREAS, under Section 3.1 of the 1998 Employee Plan, the Compensation Committee of the
Company’s Board of Directors (the “Board”) has the authority to administer the plan;



     WHEREAS, the Committee desires to permit certain holders under the 1998 Employee Plan to
deliver shares of Common Stock as payment (or partial payment) of an option;



     NOW, THEREFORE, pursuant to and in exercise of the authority delegated by the Board to the
Committee, the Committee provides as follows:



     RESOLVED, that, with respect to Non-qualified Stock Options (as defined under the 1998
Employee Plan) only, an option holder is permitted to deliver Common Stock as full or partial
payment of the exercise price of such Options.
#### Jeanette Benjamin, Respondent, *v.*Bank for Savings in the City of New York, Appellant.

First Department,

July 2, 1943.

*487
      *Robert H. Nix*of counsel *(Charles F. Bachma/nn*with him on the brief; *John P.*Smith, attorney), for appellant.

*Sidney J. Feltenstein*for respondent.

*Per Curiam.*

The statement of the trial court in denying the motion of the defendant’s attorney for a mistrial that “ You have done that a score of times, and it has been denied every time. You have done that because you don’t like the way the trial has been going, and because you anticipate the result ” must have prejudiced the defendant’s case with the jury. Such a statement could not fail to suggest to the jury that the defendant had not established any defense and that a verdict in favor of the plaintiff was to be anticipated. We think the error was such as to require the granting of a new trial.

It was also error to permit the jury to consider the difference in the construction of the third and fourth floors of the building as an element of the defendant’s negligence.

The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF INCOME
FOUND IN THE COMPANY'S FORM 10-K FOR THE YEAR AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> CANADIAN

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                 1.3696
<CASH>                                         197,766
<SECURITIES>                                    28,259
<RECEIVABLES>                                   17,492
<ALLOWANCES>                                         0
<INVENTORY>                                     61,844
<CURRENT-ASSETS>                               313,090
<PP&E>                                         538,574
<DEPRECIATION>                                  55,841
<TOTAL-ASSETS>                                 821,630
<CURRENT-LIABILITIES>                           72,573
<BONDS>                                        239,680
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       378,813
<OTHER-SE>                                      72,553
<TOTAL-LIABILITY-AND-EQUITY>                   821,630
<SALES>                                        255,168
<TOTAL-REVENUES>                               255,168
<CGS>                                          181,869
<TOTAL-COSTS>                                  181,869
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,467
<INCOME-PRETAX>                                (5,085)
<INCOME-TAX>                                       900
<INCOME-CONTINUING>                            (5,985)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,985)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)


</TABLE>
#### § 115.154 Third-party reporting.

The agency shall establish a method to receive third-party reports of sexual abuse and sexual harassment in its lockups and shall distribute publicly information on how to report sexual abuse and sexual harassment on behalf of a detainee.