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








EXHIBIT 10.2




    
TWELFTH AMENDMENT TO THE
PIONEER NATURAL RESOURCES USA, INC. 
401(k) AND MATCHING PLAN 
(Amended and Restated Effective as of January 1, 2013)


THIS TWELFTH AMENDMENT is made and entered into by Pioneer Natural Resources USA, Inc. (the “Company”):
WITNESSETH:
WHEREAS, the Company maintains the Pioneer Natural Resources USA, Inc. 401(k) and Matching Plan (the “Plan”);
WHEREAS, pursuant to Section 8.3 of the Plan, the Benefit Plan Design Committee (the “Committee”) of the Company maintains the authority to amend the Plan at any time; and
WHEREAS, the Committee desires to amend the Plan to provide for full and immediate vesting in any employer-derived benefits accrued under the Plan for certain employees at the Bivins and Fain, Texas locations who are involuntarily terminated in connection with the sale of certain assets.
NOW THEREFORE, the Plan is hereby amended as follows.
1.    Effective August 31, 2018, Section 5.3(q) is hereby added to the Plan as follows:
(q)    Any provision of this Plan to the contrary notwithstanding, the amounts credited to the Employer Account of a Participant who is specifically designated by the Vice President and Chief Human Resources Officer of the Company as being involuntarily terminated in connection with the sale of the Western Panhandle assets shall become fully vested and nonforfeitable on the date of such involuntary termination.
NOW, THEREFORE, be it further provided that except as provided above, the Plan shall continue to read in its current state.
IN WITNESS WHEREOF, the Company has executed this Twelfth Amendment this 30th day of August, 2018 to be effective as specified above.


	
		
	PIONEER NATURAL RESOURCES USA, INC.

	 
	 

	By:
	/s/ Teresa A. Fairbrook

	Name:
	Teresa A. Fairbrook

	Title:
	Vice President and Chief Human

	 
	Resources Officer
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.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, June 23, 2011.

# FOR FURTHER INFORMATION CONTACT:

Susan Gilbert at 1-888-912-1227 or (515) 564-6638.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Thursday, June 23, 2011, at 2 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Susan Gilbert. For more information please contact Ms. Gilbert at 1-888-912-1227 or (515) 564-6638 or write: TAP Office, 210 Walnut Street, Stop 5115, Des Moines, IA 50309 or contact us at the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: April 15, 2011.

Shawn Collins,

Director, Taxpayer Advocacy Panel.

[FR Doc. 2011-9585 Filed 4-19-11; 8:45 am]

BILLING CODE 4830-01-P
(No. 35365.

#### Joe Hobbs *et al.,*Appellants, *vs.*Earnest E. Pinnell *et al.,*Appellees.

*Opinion filed November 18, 1959.*

*536Pedderson, Menzimer & Conde, and Harold Stern, both of Rockford, for appellants.

Craig & Craig, of Mt. Vernon, (Glenn E. Moore, of counsel,) for appellee Sohio Petroleum Company, and Charles H. Thompson, and George B. Lee, both of Harrisburg, for other appellees.

Mr. Justice Schaefer

delivered the opinion of the court:

The basic purpose of this action in the circuit court of Saline County was to set aside certain quitclaim deeds and to quiet title to mineral rights in certain real property in that county. The sheriff’s return of service and the uncontroverted affidavit of the attorney for one of the defendants show that Earnest E. Pinnell, one of the named defendants, had died before the action was filed. Record title to the property here involved apparently still stands in his name. His heirs or devisees were not made parties, but a decree was entered finding he shares ownership of the mineral rights in the property with some of the other defendants. There is no showing, however, of any conveyance of any part of his interest in the property to these defendants.

The assignees, representatives or heirs of Earnest E. Pinnell, were indispensable parties. *(Georgeoff*v. *Spencer,*400 Ill. 300; *Texas Company*v. *Hollingsworth,*375 Ill. 536; *Abernathie*v. *Rich,*229 Ill. 412.) “Whenever a party has been omitted whose presence is so indispensable to a decision of the case upon its merits that a final decree cannot be made without materially affecting his interests, the court should not proceed to a decision on the merits. The objection may be made by a party at the hearing or on appeal or error, and the court will upon its own motion take notice of the omission and require the omitted party to be made a party to the litigation even though no objection is made by any party litigant. *Knopf*v. *Chicago Real Estate Board,*173 Ill. 196; *Abernathie*v. *Rich,*229 id. 412; *537*McMechan*v. *Yenter,*301 id. 508; *Webster*v. *Jackson,*304 id. 569; *Mortimore*v. *Bashore,*317 id. 535.” *Gaumer*v. *Snedeker,*330 Ill. 511, 515.

The decree is reversed and the cause remanded.

*Reversed and remanded.*
Electrical Conductivity, UMHOS

Day High Low Mean

1 275 135 199

2 261 138 195

3 292 146 218

4 291 155 238

5 291 165 238

6 274 167 230

7 289 180 226

8 318 165 237

9 330 183 249

10 315 166 242

11 0 0 0

12 0 0 0

13 0 0 0

14 0 0 0

15 0 0 0

16 0 0 0

17 0 0 0

18 0 0 0

19 0 0 0

20 0 0 0

21 0 0 0

22 240 139 179

23 221 138 169

24 256 131 176

25 252 133 180

26 228 121 169

27 205 122 160

28 172 114 147

29 158 110 136

30 154 105 127

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Rio Vista On The Sacramento River

Period: April 2023 Run Date: 5/9/2023
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

FELIPE SOLIS-SANCHEZ, AKA Felipe 

Solis,

Defendant - Appellant.

No. 23-521

D.C. No. 2:12-cr-00079-KJM-AC-1

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Kimberly J. Mueller, District Judge, Presiding

Submitted December 12, 2023**

Before: WALLACE, LEE, and BUMATAY, Circuit Judges.

Felipe Solis-Sanchez appeals pro se from the district court’s order denying 

his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We 

have jurisdiction under 28 U.S.C. § 1291. Reviewing for abuse of discretion, see

* 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

DEC 18 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 23-521

United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021), we affirm. 

Solis-Sanchez contends that the district court failed to consider his 

arguments for compassionate release, namely, that his sentence is “excessive and 

unjust” because the district court incorrectly calculated the drug quantity involved 

in his offense, and because his Guidelines range would be lower if he were 

sentenced today. The record shows, however, that the district court fully 

considered his arguments for release, and reasonably determined that SolisSanchez failed to offer any support or explanation for his conclusory assertion that 

the drug quantity attributed to him at sentencing was incorrect. On this record, the 

district court did not abuse its discretion by concluding that Solis-Sanchez failed to 

demonstrate extraordinary and compelling reasons for release. See United States v. 

Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018) (district court abuses its discretion 

only if its decision is illogical, implausible, or not supported by the record).

Moreover, the court acted within its discretion in denying compassionate release 

on this basis alone. See Keller, 2 F.4th at 1284 (“a district court that properly 

denies compassionate release need not evaluate each step”).

AFFIRMED.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 BakBone Software, Inc. (the Company) hereby certifies, to such officers knowledge, that:

(a) the accompanying quarterly report on Form 10-Q of the Company for the quarterly period ended September 30, 2009 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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

Dated: November 10, 2009

/s/     JAMES R.
JOHNSONJames R. JohnsonPresident and Chief Executive Officer (Principal Executive Officer)
### §§8501 to 8513. Repealed. Pub. L. 107–110, title X, §1011(5)(A), Jan. 8, 2002, 115 Stat. 1986

Section 8501, Pub. L. 89–10, title XII, §12001, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3870, set out short title of the Education Infrastructure Act of 1994.

Section 8502, Pub. L. 89–10, title XII, §12002, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3870, set forth findings.

Section 8503, Pub. L. 89–10, title XII, §12003, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3871, set forth purpose.

Section 8504, Pub. L. 89–10, title XII, §12004, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3871, authorized program for improvement of public elementary and secondary education facilities.

Section 8505, Pub. L. 89–10, title XII, §12005, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3871, related to award of grants.

Section 8506, Pub. L. 89–10, title XII, §12006, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3872, related to applications.

Section 8507, Pub. L. 89–10, title XII, §12007, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3872, related to authorized activities.

Section 8508, Pub. L. 89–10, title XII, §12008, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3873, related to budget and accounting, use of funds, powers of Secretary, contracts for supplies or services, and applicability of provisions of title 31.

Section 8509, Pub. L. 89–10, title XII, §12009, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3874, related to payment of fair wages.

Section 8510, Pub. L. 89–10, title XII, §12010, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3874, set forth special rules and general limitations.

Section 8511, Pub. L. 89–10, title XII, §12011, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3875, related to Federal assessment.

Section 8512, Pub. L. 89–10, title XII, §12012, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3875, defined terms.

Section 8513, Pub. L. 89–10, title XII, §12013, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3875, authorized appropriations.
§ 216.52 Who is eligible for an annuity as a divorced spouse. To be eligible for a divorced spouse annuity, the employee annuitant must be at least age 62 and the divorced spouse (see § 222.22 of this chapter) must: ( a ) Be the divorced wife or husband of an employee;
( b ) Stop work for a railroad employer;
( c ) Not be entitled to an old-age or disability benefit under the Social Security Act based on a primary insurance amount that is equal to or greater than one-half of the employee's tier I primary insurance amount; and either
( d ) Have attained retirement age; or
( e ) Have attained age 62 but be under retirement age. The annuity is reduced for each month the spouse is under retirement age at the time the annuity begins.
#### John W. Moore v. Mary E. Moore.

New *trial—conflicting evidence on bill for divorce.*Although the evidence on the trial of a bill for divorce may be conflicting, and the charge of adultery *99found against the defendant may have been only on circumstantial evidence, • coupled with an admission said to have been made by him, and he may have denied the admission, this court will not grant a new trial, the jury and court below having a better opportunity of judging to which of the witnesses credence should be given.

Appeal from the Circuit Court of Coles county; the Hon. Oliver L. Davis, Judge, presiding.

Mr. O. B. Ficklin, and Messrs. Craig *&*Lietch, for the appellant.

Messrs. Clark & Scott, for the appellee.

Per Curiam :

This was a proceeding, by bill in equity, in the circuit court of Coles county, by Mary E. Moore, complainant, and against John W. Moore, defendant, for a divorce, on the ground of adultery. There was an answer denying the charge, and a cross-bill by defendant, charging complainant with extreme and repeated cruelty toward him, and claiming a divorce from complainant for her fault. There was a trial of the issues by a jury, who, under instructions, rendered a verdict for the complainant, whereupon the court decreed a divorce, as prayed. To reverse this decree, the defendant appeals.

One error assigned is, the refusal of the court to grant a new trial on defendant’s motion, and the principal point is made on this ruling.

There was evidence tending to prove the truth of the charge, circumstantial, wholly, but it was supplemented by proof of an admission or confession, made by the defendant to the brother of complainant, that he had sexual intercourse with one or more females, and which admission the brother communicated to his sister a few days before the bill was filed. All this is stoutly denied by the defendant, and also by one of the females alleged to have been one of the guilty parties. The jury had a right, for all that appears to us, to give credence to the brother’s testimony, and to that of complainant, in preference to that of defendant and his witnesses. They *100could observe their bearing on the stand, the manner of testifying, and all the circumstances calculated to inspire or repel belief, and we do not think, in such a case as this, the verdict should be disturbed. The parties will be better situated by the separation.

The decree is affirmed.

*Decree affirmed.*
§ 404.456 Current suspension of benefits because an individual works or engages in self-employment. ( a ) *Circumstances under which benefit payments may be suspended.* If, on the basis of information obtained by or submitted to the Administration, it is determined that an individual entitled to monthly benefits for any taxable year may reasonably be expected to have deductions imposed against his benefits (as described in § 404.415) by reason of his earnings for such year, the Administration may, before the close of the taxable year, suspend all or part, as the Administration may specify, of the benefits payable to the individual and to all other persons entitled (or deemed entitled—see § 404.420) to benefits on the basis of the individual's earnings record.
( b ) *Duration of suspension.* The suspension described in paragraph (a) of this section shall remain in effect with respect to the benefits for each month until the Administration has determined whether or not any deduction under § 404.415 applies for such month.
( c ) *When suspension of benefits becomes final.* For taxable years beginning after August 1958, if benefit payments were suspended (as described in paragraph (a) of this section) for all months of entitlement in an individual's taxable year, no benefit payment for any month in that year may be made after the expiration of the period of 3 years, 3 months, and 15 days following the close of the individual's taxable year unless, within that period, the individual, or any person entitled to benefits based on his earnings record, files with the Administration information showing that a benefit for a month is payable to the individual. Subject to the limitations of this paragraph, a determination about deductions may be reopened under the circumstances described in § 404.907.
[32 FR 19159, Dec. 20, 1967, as amended at 65 FR 16813, Mar. 30, 2000]
§ 404.1710 Authority of a representative. ( a ) *What a representative may do.* Your representative may, on your behalf— ( 1 ) Obtain information about your claim to the same extent that you are able to do;
( 2 ) Submit evidence;
( 3 ) Make statements about facts and law; and
( 4 ) Make any request or give any notice about the proceedings before us.
( b ) *What a representative may not do.* A representative may not sign an application on behalf of a claimant for rights or benefits under title II of the Act unless authorized to do so under § 404.612.
§ 404.467 Nonpayment of benefits; individual entitled to disability insurance benefits or childhood disability benefits based on statutory blindness is engaging in substantial gainful activity. ( a ) *Disability insurance benefits.* An individual who has attained age 55 and who meets the definition of disability for disability insurance benefits purposes based on *statutory blindness,* as defined in § 404.1581, may be entitled to disability insurance benefits for months in which he is engaged in certain types of substantial gainful activity. No payment, however, may be made to the individual or to beneficiaries entitled to benefits on his earnings record for any month in which such individual engages in any type of substantial gainful activity.
( b ) *Childhood disability benefits.* An individual who has attained age 55 and who meets the definition of disability prescribed in § 404.1583 for childhood disability benefits on the basis of statutory blindness may be entitled to childhood disability benefits for months in which he engages in certain types of substantial gainful activity. However, no payment may be made to such individual for any month after December 1972 in which such individual engages in substantial gainful activity.
[39 FR 43715, Dec. 18, 1974, as amended at 51 FR 10616, Mar. 28, 1986]
#### Regina Kupferstein, as Administratrix, etc., Appellant, v. John F. Dalton, Respondent.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY HIGH

 235

 245

 243

 243

 230

 225

 4,084

 606

 209

 202

 197

 194

 184

 181

 181

 178

 1,245

 4,566

 10,202

 15,487

 18,261

 17,686

 17,874

 16,316

 14,082

 12,745

 13,227

 8,317

 202

 198

 212

 208

 199

 187

 192

 189

 178

 155

 154

 162

 159

 160

 152

 157

 165

 161

 168

 254

 1,057

 643

 532

 540

 960

 879

 1,362

 947

 219

 220

 223

 220

 212

 199

 513

 218

 194

 176

 171

 174

 168

 168

 169

 171

 259

 821

 3,066

 5,734

 7,742

 8,095

 7,631

 6,553

 6,306

 5,443

 5,710

 4,352

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2006 WATER QUALITY REPORT RUN DATE: March 7, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 130

 130

 120

 125

 119

 117

 119

 117

 114

 115

 116

 111

 112

 122

 121

 113

 106

 111

 108

 116

 114

 109

 110

 109

 106

 103

 105

 109

 104

 108

 108

 112

 113

 104

 112

 108

 108

 111

 110

 105

 110

 103

 99

 105

 108

 105

 101

 101

 102

 101

 104

 85

 100

 96

 97

 95

 95

 97

 98

 97

 98

 102

 119

 116

 110

 119

 114

 112

 115

 113

 110

 112

 109

 106

 109

 111

 111

 106

 104

 105

 104

 110

 107

 105

 103

 102

 101

 98

 102

 103

 101

 102

 105

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2000 WATER QUALITY REPORT RUN DATE: August 11, 2000

HIGH LOW MEAN

 74.3

 73.3

 72.6

 72.9

 72.4

 72.8

 72.4

 73.2

 74.4

 75.4

 75.2

 75.3

 74.7

 75.2

 75.2

 73.7

 74.1

 73.4

 74.2

 76.6

 75.5

 76.4

 78.1

 75.9

 76.0

 75.5

 74.4

 75.6

 76.1

 76.6

 77.4

 70.1

 69.3

 68.4

 67.8

 68.5

 67.8

 67.9

 68.0

 69.3

 70.3

 71.0

 70.5

 70.0

 69.9

 70.8

 70.7

 68.8

 68.3

 69.3

 69.8

 70.5

 69.5

 69.3

 68.7

 71.7

 71.4

 69.0

 70.4

 71.4

 72.6

 72.8

 72.2

 71.3

 70.6

 70.3

 70.6

 70.2

 70.1

 70.4

 71.8

 72.8

 73.2

 72.9

 72.5

 72.6

 72.9

 72.4

 71.1

 70.9

 71.8

 72.5

 72.9

 72.6

 73.2

 73.5

 73.9

 73.4

 72.1

 73.0

 73.9

 74.7

 75.2

HIGH LOW MEAN

 8.8

 8.5

 8.6

 8.5

 8.0

 8.0

 7.9

 7.9

 7.6

 7.4

 8.7

 8.1

 8.0

 7.8

 7.8

 7.4

 8.1

 8.8

 8.7

 8.6

 8.6

 9.2

 9.0

 9.3

 8.3

 8.2

 8.3

 8.1

 7.9

 7.4

 7.3

 7.5

 7.7

 7.6

 7.5

 7.5

 7.4

 7.4

 7.4

 7.1

 6.9

 6.8

 7.3

 7.1

 7.2

 6.9

 6.7

 6.7

 7.2

 8.0

 7.8

 7.4

 7.5

 7.5

 7.0

 7.5

 7.4

 7.4

 7.3

 7.1

 6.8

 6.6

 8.1

 8.0

 8.0

 7.9

 7.7

 7.7

 7.6

 7.6

 7.4

 7.2

 7.5

 7.7

 7.5

 7.5

 7.2

 7.0

 7.3

 8.0

 8.3

 8.1

 7.8

 8.0

 8.1

 8.2

 7.9

 7.8

 7.8

 7.7

 7.5

 7.1

 6.9

Comments:

0 reading indicates that the station was out of service.

RIPON ON THE STANISLAUS RIVER

 ELECTRICAL CONDUCTIVITY, UMHOS WATER TEMPERATURE, DEG DISSOLVED OXYZEN, PPM
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY HIGH

 224

 227

 234

 239

 238

 232

 230

 227

 219

 223

 241

 247

 241

 241

 234

 232

 236

 212

 217

 238

 230

 221

 228

 235

 233

 237

 227

 224

 200

 201

 205

 214

 216

 212

 206

 206

 203

 198

 199

 187

 132

 126

 113

 133

 156

 170

 180

 187

 194

 197

 188

 186

 186

 169

 149

 139

 208

 209

 217

 222

 222

 219

 215

 214

 209

 208

 213

 211

 184

 170

 174

 180

 185

 187

 196

 209

 209

 207

 206

 208

 202

 203

 192

 182

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2007 WATER QUALITY REPORT RUN DATE: March 8, 2007

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

RIO VISTA ON THE SACRAMENTO RIVER