alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 381.505 Certification of qualifying status as a small power production facility or cogeneration facility. ( a ) Unless the Commission orders direct billing under § 381.107 of this chapter or otherwise, the fee established for an application for Commission certification as a qualifying small power production facility, as defined in section 3(17) of the Federal Power Act, is $32,470 and the fee established for an application for Commission certification as a qualifying cogeneration facility, as defined in section 3(18) of the Federal Power Act, is $36,750.
( b ) The fee filed under this section must be submitted in accordance with subpart A of this part and § 292.207(b)(2) of this chapter.
[Order 494, 53 FR 15382, Apr. 29, 1988] Editorial Note
Editorial Note: For Federal Register citations affecting § 381.505, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*
Editorial Note on Part 0
Editorial Note: Nomenclature changes to part 0 appear at 73 FR 73 FR 54947, Sept. 24, 2008.

§ 0.129 Professional Responsibility Advisory Office. ( a ) The Professional Responsibility Advisory Office is headed by a Director appointed by the Deputy Attorney General. The Director shall be responsible to, and report directly to, the Deputy Attorney General and shall be a member of the Senior Executive Service.
( b ) The Professional Responsibility Advisory Office shall: ( 1 ) Advise Department of Justice attorneys on specific questions involving professional responsibility, including compliance with 28 U.S.C. 530b (“Section 530B”), which requires certain federal attorneys to comply with state rules of ethics.
( 2 ) Assist or support training and informational programs for Department attorneys and client agencies concerning Section 530B and other professional responsibility requirements, including disseminating relevant and timely information.
( 3 ) Assemble, centralize and maintain ethics reference materials, including the codes of ethics of the District of Columbia and every state and territory, and any relevant interpretations thereof.
( 4 ) Coordinate with the relevant litigating components of the Department to defend attorneys in any disciplinary or other proceeding where it is alleged that they failed to meet their ethical obligations, provided that the attorney made a good-faith effort to ascertain the ethics requirements and made a good-faith effort to comply with those requirements.
( 5 ) Serve as a liaison with the state and federal bar associations in matters relating to the implementation and interpretation of Section 530B, and amendments and revisions to the various state ethics codes.
( 6 ) Perform such other duties and assignments as deemed necessary from time to time by the Attorney General or the Deputy Attorney General.
( c ) Nothing in this subpart shall be construed as affecting the functions or overriding the authority of the Office of Legal Counsel as established by 28 CFR 0.25.
§ 1306.6 Expense of transfer of title and proration of taxes. In connection with the acquisition of real property by TVA: ( a ) TVA will, to the extent it deems fair and reasonable, bear all expenses incidental to the transfer of title to the United States, including penalty costs for the prepayment of any valid preexisting recorded mortgage;
( b ) Real property taxes shall be prorated to relieve the seller from paying taxes which are allocable to a period subsequent to vesting of title in the United States or the date of possession, whichever is earlier.
[38 FR 3592, Feb. 8, 1973. Redesignated at 52 FR 48019, Dec. 17, 1987]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

DRAY TERRY MOSBY, 

Defendant-Appellant.

No. 20-10034 

D.C. No. 3:17-cr-00389-RS-2 

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Richard Seeborg, District Judge, Presiding

Submitted October 26, 2020**

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

Dray Terry Mosby appeals pro se from the district court’s order denying his 

motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have 

jurisdiction under 28 U.S.C. § 1291, and we affirm.

Mosby contends that he is eligible for a sentence reduction under section 

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

NOV 2 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-10034 

404 of the First Step Act of 2018 and Amendment 750 to the Sentencing 

Guidelines. The record reflects that Mosby was convicted of conspiracy to 

distribute methamphetamine and sentenced to the statutory minimum term set forth 

in 21 U.S.C. §§ 841(b) and 846. Contrary to Mosby’s contention, neither the First 

Step Act nor Amendment 750 authorized the district court to modify this sentence. 

See First Step Act § 404(b) (permitting limited resentencing of defendants 

sentenced for crack cocaine offenses); United States v. Charles, 749 F.3d 767, 770-

71 (9th Cir. 2014) (Amendment 750 modified drug guidelines for defendants 

sentenced for crack cocaine offenses); see also United States v. Sykes, 658 F.3d 

1140, 1146 (9th Cir. 2011) (“retroactive amendment to the Guidelines cannot 

reduce a sentence below the statutory minimum term”). 

We decline to consider Mosby’s additional claims because they are raised 

for the first time on appeal. See United States v. Valdez-Novoa, 780 F.3d 906, 914 

(9th Cir. 2015).

AFFIRMED.
#### § 8.1 Publication of license conditions relating to recreation.

Following the issuance or amendment of a license, the licensee shall make reasonable efforts to keep the public informed of the availability of project lands and waters for recreational purposes, and of the license conditions of interest to persons who may be interested in the recreational aspects of the project or who may wish to acquire lands in its vicinity. Such efforts shall include, but are not limited to: the publication of notice in a local newspaper once each week for 4 weeks, and publication on any project website, of the project's license conditions which relate to public access to and the use of the project waters and lands for recreational purposes, recreational plans, installation of recreation and fish and wildlife facilities, reservoir water surface elevations, minimum water releases or rates of change of water releases, and such other conditions of general public interest as the Commission may designate in the order issuing or amending the license.

[Order 852, 83 FR 67068, Dec. 28, 2018]
# C_2011103EN.01001402.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/14 |
| --- | --- | --- | --- |

2.4.2011

EN

Official Journal of the European Union

C 103/14

---

Reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 17 January 2011 — Varzim Sol — Turismo, Jogo e Animação, SA v Fazenda Pública

(Case C-25/11)

2011/C 103/25

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Varzim Sol — Turismo, Jogo e Animação, SA

Applicant:

Defendant: Fazenda Pública

Defendant:

Questions referred

Questions referred

| 1. | Is Article 23 of the CIVA compatible with Article 17(2) and (5) and Article 19 of Sixth Council Directive 77/388/EEC (1) of 17 May 1977? |
| --- | --- |

1.

Is Article 23 of the CIVA compatible with Article 17(2) and (5) and Article 19 of Sixth Council Directive 77/388/EEC (1) of 17 May 1977?

1

| 2. | If so, is the establishment of a specific deductible proportion of the value added tax paid by taxable persons carrying out taxable transactions only, albeit by actual use, based on non-taxable subsidies to that sector (‘inputs’), under Article 23, compatible with Article 17(2) and (5) and Article 19 of that Directive? |
| --- | --- |

2.

If so, is the establishment of a specific deductible proportion of the value added tax paid by taxable persons carrying out taxable transactions only, albeit by actual use, based on non-taxable subsidies to that sector (‘inputs’), under Article 23, compatible with Article 17(2) and (5) and Article 19 of that Directive?

---

(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).

1

---
### §6717. Definition of State

For purposes of this subchapter, the term "State" means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.

(Pub. L. 106–102, title III, §308, Nov. 12, 1999, 113 Stat. 1417.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in original "this subtitle", meaning subtitle A (§301 et seq.) of title III of Pub. L. 106–102, which enacted this subchapter and section 1831x of Title 12, Banks and Banking. For complete classification of this subtitle to the Code, see Tables.

#### **Executive Documents**

#### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Exhibit
32.1





CERTIFICATION
PURSUANT


TO
18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION 
906 OF THE SARBANES-OXLEY ACT OF 2002





The
undersigned Chief Executive Officer and Chief Science Officer of Progenics
Pharmaceuticals, Inc. (the “Company”) does hereby certify as
follows:





This
annual report on Form 10-K of the Company for the period ended December 31,
2009 and filed with the Securities and Exchange Commission on the date hereof
(the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.





/s/
      Paul J. MaddonDate:
      March 15, 2010
            Paul
      J. Maddon, M.D., Ph.D.
              Chief
      Executive Officer and Chief
              Science
      Officer (Principal Executive
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 required
by Section 906, has been provided to Progenics Pharmaceuticals, Inc. and
will be retained by Progenics Pharmaceuticals, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
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 Granite Cliffs Incorporated,
on Form 10-QSB for the period ending June 30, 2004 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: September 4, 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.
EXHIBIT 10(vii)

DEBT SETTLEMENT
AGREEMENT

Agreement made on September 30, 2003
between Zmax Capital Corp. with offices located at 1818-1177 West Hastings Street,
Vancouver, British Columbia V6E 2K3, referred to as Creditor and ASP Ventures Corp. with
offices located at 1818-1177 West Hastings Street, Vancouver, British Columbia V6E 2K3
referred to as Debtor.

SECTION ONE

ACKNOWLEDGEMENT OF
EXISTING OBLIGATION

The parties acknowledge that Debtor
is at present indebted to Creditor in the sum of $21,250 due to office space, including
expenses, provided to Debtor in 2003.

SECTION TWO

AGREEMENT FOR DIFFERENT
METHOD OF PAYMENT

Debtor and Creditor desire and agree,
to provide for the payment of the above-stated indebtedness in accordance with terms and
provisions different from, and in substitution of, the terms and obligations for payment
for same contained in the original lease obligation as described in Section One above.

SECTION THREE

CONSIDERATION

In consideration of the mutual
promises contained in this Agreement, Debtor and Creditor agree as follows:

|c. | Method of Payment: Debtor agrees to pay to Creditor and Creditor agrees to
          accept from Debtor, in full satisfaction of the indebtedness described in
          Section One, above, 1,062,500 shares of Debtors common stock, valued at
          $0.02 a share, as consideration for monies owed to Creditor as a result of
          office space, including expenses, provided by Creditor to Debtor.
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|d. | Satisfaction: On execution of this Agreement and Debtors board of
          directors resolution authorizing the issuance of 1,062,500 shares of
          Debtors common stock to Creditor provided for in Section Three (a) above,
          the original indebtedness of Debtor to Creditor, as described in Section One,
          above, will be forever cancelled and discharged.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

In witness whereof, the parties have
executed this Agreement in Vancouver, British Columbia on the date first mentioned above.

ASP Ventures Corp.

/s/ Ross WilmotBy: Ross
Wilmot, President

Zmax Capital Corp.

/s/ Holly Goring

By: Holly Goring,
Corporate Secretary
ex10-21.htm


Exhibit 10.21

 



August 13, 2015

 

Ellen Clarry

23139 Sandsage Ln

Katy, TX 77494



Dear Ellen:

 

It is my pleasure to extend the following promotion to you on behalf of IGNITE RESTAURANT GROUP, INC (the “Company”). 

 

	
Title:
	
Chief Supply Officer



 

	
Supervisor:
	
Ray Blanchette, President and Chief Executive Officer



 

	
Base Salary:
	
You will be paid $9, 807.69 bi-weekly, which annualizes to $255,000, subject to deductions for taxes and other withholdings as required by law or policies of the Company.



 

	
Targeted Bonus:
	
50% of base salary based on achieving individual and Company performance goals.



 

	
Equity Award:
	
The Compensation Committee has recommended and the Board of Directors has approved a grant of 25,000 SARS and 15,000 restricted shares of “IRG,” with 25% annual vesting on the annual anniversary date of the grant. The issue price will be the closing price of “IRG” on the NASDAQ on August 12, 2015. Please note that there are restrictions on this grant.



 

	
Paid Time Off (PTO)
	
You will continue to accrue PTO at your current rate.



 

	
Benefits:
	
You are eligible for the Company’s Health/Welfare Benefits Plan containing standard benefits including medical, life, dental, LTD, and Flexible Spending Accounts (Section 125) as per Company policy.



 

	
Phone Allowance:
	
You will receive an annual communication allowance of $2,000.



 

	
Additional Executive Benefits:
	
100% Dining Discount at all Ignite Restaurants for your and your guests. Further, 20% gratuity may be expensed on your corporate credit card.



 

	
Promotion Date:
	
August 13, 2015.



 

This letter represents the entire agreement between you and IGNITE RESTAURANT GROUP, INC. This letter is not a contract of employment guaranteeing any set length of employment. The Company is an at-will employer. You and IGNITE RESTAURANT GROUP, INC. have the right to terminate the relationship at any time, with or without cause.

 

 


 

Page 1 of 2




 


 

Your signature below indicates your agreement to all of the aforementioned terms. 

 

Best Regards,

  

/s/ Raymond A. Blanchette III 

Raymond A. Blanchette III

President & Chief Executive Officer

 

 

Agreed and acknowledged:

 

	
Printed name:
	
 
	
Ellen J. Clarry
	
 

	
 
	
 
	
 
	
 

	
Signature:
	
 
	
/s/ Ellen J. Clarry 
	
 

	
 
	
 
	
 
	
 

	
Date: 
	
 
	
08/14/15 
	
 



      

 

Page 2 of 2
§ 375.305 Delegations to the Solicitor. The Commission authorizes the Solicitor, or the Solicitor's designee to: ( a ) File with the appropriate court of the United States a certified list of the materials comprising the record of any proceeding which involves the Commission;
( b ) Retain appropriate materials; and
( c ) Deliver such materials to the court as required.
[43 FR 36435, Aug. 17, 1978. Redesignated and amended at 45 FR 21224, 21225, Apr. 1, 1980; Order 112, 45 FR 79025, Nov. 28, 1980]
#### THE PEOPLE OF THE TERRITORY OF GUAM, Appellee v. ANTONIO L. BAUTISTA, Appellant

Criminal No. 37-A

District Court of Guam Appellate Division

October 5, 1967

*Counsel for Appellee:*Paul J. Abbate, *Deputy Island Attorney,*Government of Guam

*Counsel for Appellant:*Arriola, Bohn *■&*Dierking (John C. Dierking), Agana, Guam

Before SHRIVER, *Judge,*District Court of Guam; FUR-BER, *Chief Justice,*High Court of the Trust Territory of the Pacific Islands; PEREZ, *Chief Judge,*Island Court of Guam

SHRIVER, *Judge*

OPINION

Antonio L. Bautista was convicted in the Island Court of the offense of petty theft and appeals to the Appellate Division of the District Court of Guam. Judge Perez did not hear oral arguments in this case but it was stipulated that he should participate in any determination. We affirm.

We have examined the transcript and the record in this case and find no basis for the appeal. It is clear that Bau*406tista participated with two others in the theft of the property involved. One of the others entered a plea of guilty and the other did not appeal. It is equally clear that the motion for a new trial on the ground of newly discovered evidence is completely without merit as all of the alleged new evidence was within the knowledge of the defendant at the time of his original trial.
§ 801.6 Water supply. ( a ) The Susquehanna River Basin is rich in water resources. With proper planning and management, and with adequate public and private investment in treatment, storage, and distribution facilities, the high potential of the basin to provide water of suitable quality for a wide array of public and private purposes into the foreseeable future should be possible.
( b ) The Commission may regulate the withdrawal of waters of the basin not regulated by the signatory parties for domestic, municipal, industrial, and agricultural uses if regulation is considered essential to further the aims set forth in the comprehensive plan.
( c ) The Commission shall study the basin's water supply needs, the potential surface and ground water resources, and the interrelationships to meet these needs through existing and new facilities and projects. Efficient use and management of existing facilities with emphasis on the full utilization of known technology will be explored in meeting water supply needs for domestic, municipal, agricultural, and industrial water supply before new programs or projects are approved.
Exhibit 32.1

                          EAGLE BANCORP AND SUBSIDIARY
                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 Eagle Bancorp (the "Company") on Form
10-QSB for the quarter ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), we, Larry A. Dreyer,
Chief Executive Officer, and Peter J. Johnson, Chief Financial 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.




/s/ LARRY A. DREYER                           /s/ PETER J. JOHNSON
-------------------------------------         ---------------------------------
Larry A. Dreyer                               Peter J. Johnson
President and Chief Executive Officer         Sr. VP/Treasurer and Chief
February 9, 2004                              Financial Officer
                                              February 9, 2004


A signed original of this written statement required by Section 906 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.

The foregoing certification is being furnished to the Securities and Exchange
Commission and shall not be considered filed as part of the Report.

                                      -29-
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

October 22, 2012

h1015

Order 

October 22, 2012

144433(18)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 144433

COA: 304007

Oakland CC: 2003-188576-FH

KEVIN MAURICE STARKS,

Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s July 24, 2012 

order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.