alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-10646

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JERIAH LEE GOMEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 6:10-CR-64-1

Before BENAVIDES, STEWART, and HIGGINSON, Circuit Judges.

PER CURIAM:*

TheFederal Public Defender appointed to represent Jeriah LeeGomezhas

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). Gomez has not filed a response. We have reviewed counsel’s brief

and the relevant portions of the record reflected therein. We concur with

counsel’s assessmentthat the appeal presents no nonfrivolous issue for appellate

review. Accordingly, counsel’s motion for leave to withdraw is GRANTED,

United States Court of Appeals

Fifth Circuit

F I L E D

March 6, 2012

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 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.

R. 47.5.4.

Case: 11-10646 Document: 00511778869 Page: 1 Date Filed: 03/06/2012
No. 11-10646

counsel is excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5TH CIR. R. 42.2.

2

Case: 11-10646 Document: 00511778869 Page: 2 Date Filed: 03/06/2012
§ 500.208 Issuance of the Guarantee. ( a ) The Board's decisions to approve any application for, and extend an offer of, guarantee under § 500.207 is conditioned upon: ( 1 ) The Lender and Borrower obtaining any required regulatory or judicial approvals;
( 2 ) The Lender and Borrower being legally authorized to enter into the loan under the terms and conditions submitted to the Board in the application;
( 3 ) The Board's receipt of the Loan Documents, Guarantee, and any related instruments, properly executed by the Lender, Borrower, and any other required party other than the Board; and
( 4 ) No material adverse change in the Borrower's ability to repay the loan between the date of the Board's approval and the date the Guarantee is to be issued.
( b ) The Board may withdraw its approval of an application and rescind its offer of Guarantee if the Board determines that the Lender or the Borrower cannot, or is unwilling to, provide adequate documentation and proof of compliance with paragraph (a) of this section within the time provided for in the offer.
( c ) Only after receipt of all the documentation, required by this section, will the Board sign and deliver the Guarantee.
( d ) A Borrower receiving a loan guaranteed by the Board under this Program shall pay a one-time guarantee fee of 0.5 percent of the amount of the principal of the loan. This fee must be paid no later than one year from the issuance of the Guarantee.
### §§774, 775. Repealed. Pub. L. 113–128, title IV, §443(1), July 22, 2014, 128 Stat. 1674

Section 774, Pub. L. 93–112, title III, §304, as added Pub. L. 105–220, title IV, §406, Aug. 7, 1998, 112 Stat. 1195, related to grants for vocational rehabilitation services to individuals with disabilities who are migrant or seasonal farmworkers and to the family members who are residing with such individuals.

A prior section 774, Pub. L. 93–112, title III, §304, formerly title II, §203, Sept. 26, 1973, 87 Stat. 376, renumbered and amended, which related to Federal grants, contracts, and programs for training in rehabilitation services, was renumbered section 302 of Pub. L. 93–112, by Pub. L. 102–569, title III, §301(b)(3), Oct. 29, 1992, 106 Stat. 4411, and transferred to section 771a of this title, prior to the general amendment of this subchapter by Pub. L. 105–220.

Another prior section 774, Pub. L. 93–112, title III, §304, Sept. 26, 1973, 87 Stat. 381; Pub. L. 93–516, title I, §§106, 111(i)–(k), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93–651, title I, §§106, 111(i)–(k), Nov. 21, 1974, 89 Stat. 2–4, 2–6; Pub. L. 94–230, §§6, 11(b)(9), Mar. 15, 1976, 90 Stat. 212, 213, related to special projects and demonstrations, prior to repeal by Pub. L. 95–602, title I, §109(1), Nov. 6, 1978, 92 Stat. 2962.

Section 775, Pub. L. 93–112, title III, §305, as added Pub. L. 105–220, title IV, §406, Aug. 7, 1998, 112 Stat. 1196, related to grants to recreation programs to provide individuals with disabilities with recreational activities and related experiences.

A prior section 775, Pub. L. 93–112, title III, §305, as added Pub. L. 95–602, title I, §115(a), Nov. 6, 1978, 92 Stat. 2971; amended Pub. L. 98–221, title I, §134, Feb. 22, 1984, 98 Stat. 25; Pub. L. 99–506, title I, §103(d)(2)(C), title IV, §404, title X, §1002(d)(3), Oct. 21, 1986, 100 Stat. 1810, 1825, 1844; Pub. L. 100–630, title II, §204(d), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–52, §4(d), June 6, 1991, 105 Stat. 261; Pub. L. 102–569, title I, §102(p)(19), title III, §305, Oct. 29, 1992, 106 Stat. 4358, 4417, related to comprehensive rehabilitation centers, prior to the general amendment of this subchapter by Pub. L. 105–220.

Another prior section 775, Pub. L. 93–112, title III, §305, Sept. 26, 1973, 87 Stat. 383, as amended, which authorized appropriations for fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for the establishment of the Helen Keller National Center for Deaf-Blind Youths and Adults, was renumbered section 313 of Pub. L. 93–112 by Pub. L. 95–602, title I, §109(1), Nov. 6, 1978, 92 Stat. 2962, transferred to section 777c of this title, and subsequently repealed by Pub. L. 100–630.
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.458 Accumulation. ( a ) Originating goods or materials of Chile or the United States that are incorporated into a good in the territory of the other Party will be considered to originate in the territory of the other Party for purposes of determining the eligibility of the goods or materials for preferential tariff treatment under the US-CFTA.
( b ) A good that is produced in the territory of Chile, the United States, or both, by one or more producers, will be considered as an originating good if the good satisfies the applicable requirements of § 10.451 and General Note 26, HTSUS.
[CBP Dec. 05-07, 70 FR 10873, Mar. 7, 2005, as amended by CBP Dec. 06-39, 71 FR 76134, Dec. 20, 2006]
### SUBCHAPTER VIII—SERGEANT AT ARMS
#### §§ 16.112-16.129 [Reserved]
Exhibit 31.1 

**Certification of Chief Financial Officer**

**pursuant to Section 302 of the**

**Sarbanes-Oxley Act of 2002**

I, Heng Chuk, certifythat: 

1. I have reviewed this quarterly report on Form 10-QSB/A of Diametrics Medical, 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 thestatements 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 theregistrant as of, and for, the periods presented in this report; 

4. I am responsible for establishing and maintaining disclosure controlsand procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

(a) Designed suchdisclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to meby others within those entities, particularly during the period in which this report is being prepared; 

(b) Evaluated theeffectiveness of the registrant’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 onsuch evaluation; and 

(c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 

5. I have disclosed, based on my most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’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 registrant’s internal control over financial reporting. 

Date: December 28, 2006
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.543 Certain apparel goods made from fabric or yarn not available in commercial quantities.

Notwithstanding the provisions of § 10.531 of this subpart, a textile apparel article of Chapter 61 or 62, HTSUS, will be considered an originating good under the SFTA if it is both cut (or knit to shape) and sewn or otherwise assembled in one or both of the Parties from fabric or yarn, regardless of origin, designated by the Committee for the Implementation of Textile Agreements (“CITA”) as not available in commercial quantities in a timely manner in the United States. Such designations by CITA, identifying apparel goods made from such fabric or yarn as eligible for entry under subheading 9819.11.24 or 9820.11.27, HTSUS, must have been made by notices published in the Federal Register no later than November 15, 2002.[1] For purposes of this section, any reference in these notices to fabric or yarn formed in the United States will be interpreted as also including fabric or yarn formed in Singapore.

###### Footnotes -
  10.543

[1] These designations are set forth in notices published in the Federal Register on September 25, 2001 (66 FR 49005), November 19, 2001 (66 FR 57942), April 10, 2002 (67 FR 17412), May 28, 2002 (67 FR 36858), and September 5, 2002 (67 FR 56806).
#### § 113.75 Bond conditions for deferral of duty on large yachts imported for sale at United States boat shows.

A bond for the deferral of entry completion and duty deposit pursuant to 19 U.S.C. 1484b for a dutiable large yacht imported for sale at a United States boat show must conform to the terms of appendix C to this part. The bond must be filed in accordance with the provisions set forth in § 4.94a of this chapter.

[68 FR 13626, Mar. 20, 2003]
Editorial Note on Part 134
Editorial Note: Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.

§ 134.201 Scope of the rules in this subpart. ( a ) The rules of practice in this subpart apply to all OHA proceedings except: ( 1 ) Where another subpart of this part, pertaining to a specific type of OHA proceeding, provides a different rule; or
( 2 ) Where another part of this chapter, pertaining to a specific type of OHA proceeding (or SBA program allowing appeals to OHA), provides a different rule (see § 134.102).
( b ) For specific types of OHA proceedings, the rules of practice are located as follows: ( 1 ) For appeals from size determinations and NAICS code designations, in subpart C of this part (§ 134.301 *et seq.*);
( 2 ) For 8(a) BD appeals, in subpart D of this part (§ 134.401 *et seq.*);
( 3 ) [Reserved]
( 4 ) For applications under the Equal Access to Justice Act, in subpart F of this part (§ 134.601 *et seq.*);
( 5 ) For appeals from Women-Owned Small Business (WOSB) and Economically-Disadvantaged WOSB protest determinations, in subpart G of this part (§ 134.701 *et seq.*);
( 6 ) For appeals relating to SBA employee disputes, in subpart H of this part (§ 134.801 *et seq.*);
( 7 ) For Size Standard Petitions, in subpart I of this part (§§ 134.901 *through* 134.918);
( 8 ) For protests of eligibility for inclusion in the Veteran Small Business Certification Program, in subpart J of this part;
( 9 ) For appeals of denials of certification and decertification in the Veteran Small Business Certification Program, in subpart K of this part;
( 10 ) For appeals of protest determinations regarding the status of a concern as a certified HUBZone small business concern, in subpart M of this part; and
( 11 ) For proceedings under the Program Fraud Civil Remedies Act, in part 142 of this chapter.
( c ) If a rule in this subpart conflicts with a rule pertaining to OHA in another subpart of this part or in another part of this chapter, the latter rule shall govern.
[75 FR 47438, Aug. 6, 2010, as amended at 82 FR 25506, June 2, 2017; 83 FR 13629, Mar. 30, 2018; 87 FR 73425, Nov. 29, 2022; 88 FR 21089, Apr. 10, 2023]
gthp_ex444





 






Exhibit 4.44



 


PROMISSORY
NOTE


 


Per
Board Compensation Committee Memo dated February 19,
2021.


(Replaces long term
note payable of original principal of $207,110.86, dated September
4, 2018)


 


 


	

Original
Issuance Date: February 19, 2021

	
 

	

Principal
Amount: $153,177.69







 


THIS
PROMISSORY NOTE is duly authorized and validly Note of Guided
Therapeutics, Inc., a Delaware corporation, (the
“Company”), having its principal place of business at
5835 Peachtree Corners East, Suite B, Norcross, Georgia
30092.


 


FOR
VALUE RECEIVED, the undersigned promises to pay to Mark L. Faupel (“Holder”)
the principal sum of ONE HUNDRED FIFTY THREE THOUSAND ONE HUNDRED
SEVENTY SEVEN DOLLARS AND SIXTY NINE CENTS ($153,177.69), in lawful
money of the United States of America, at such place as Holder may
designate in writing.


 


The
entire unpaid principal balance due on this Promissory Note (this
“Note”), together with all accrued and unpaid interest
and fees, if any, at the choice of the Holder, shall be due and
payable in full on the second
anniversary of this agreement. The Note shall accrue 6%
simple annual interest from the date thereof and mature on February
18, 2023.


 


All
parties to this Note, including maker and any sureties, endorsers,
or guarantors, hereby waive protest, presentment, notice of
dishonor, and notice of acceleration of maturity and agree to
continue to remain bound for the payment of principal, interest and
all other sums due under this Note, notwithstanding any change or
changes by way of release, surrender, exchange, modification or
substitution of any security for this Note or by way of any
extension or extensions of time for the payment of principal and
interest, if any; and all such parties waive all and every kind of
notice of such change or changes and agree that the same may be
made without notice or consent of any of them.


 


This
Note shall be governed by, and construed in accordance with, the
laws of the State of Georgia, regardless of laws that might
otherwise govern under applicable principles of conflicts of
law.


 


IN
WITNESS WHEREOF, the undersigned has caused this instrument to be
duly executed the day and year first above written.


 


 


GUIDED
THERAPEUTICS, INC.


 


 


By:/Gene S.
Cartwright/


Name:
Gene S. Cartwright


Title:
Chief Executive
Officer
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.886 Effect of non-compliance; failure to provide documentation regarding transshipment of non-originating apparel goods. ( a ) *General.* If an importer of a good for which a TPL claim is made fails to comply with any applicable requirement under this subpart, the Center director may deny preferential tariff treatment to the imported good.
( b ) *Failure to provide documentation regarding transshipment.* Where the requirements for preferential tariff treatment set forth elsewhere in this subpart are met, the Center director nevertheless may deny preferential tariff treatment to a good for which a TPL claim is made if the good is shipped through or transshipped in a country other than a Party, and the importer of the good does not provide, at the request of the Center director, evidence demonstrating to the satisfaction of the Center director that the requirements set forth in § 10.885 of this subpart were met.
### §2231. Repealed. Pub. L. 105–394, title IV, §401, Nov. 13, 1998, 112 Stat. 3661

Section, Pub. L. 100–407, title II, §201, as added Pub. L. 103–218, title II, §201, Mar. 9, 1994, 108 Stat. 85, related to classification system for assistive technology devices and assistive technology services.

A prior section 2231, Pub. L. 100–407, title II, §201, Aug. 19, 1988, 102 Stat. 1059, directed National Council on the Handicapped to study implementation, acquisition or financing assistive technology devices and services for individuals with disabilities, prior to repeal by Pub. L. 103–218, §201.
U.S. Agency for International Development (USAID)
Office of U.S. Foreign Disaster Assistance (OFDA)
KIRUNDO
Original Map Courtesy of the UN Cartographic Section crs Sim
The boundaries and names shown and the designations eve Mm U SAI D
used on this map do not imply official endorsement or FROM THE AMERICAN PEORE
accepiance by the United Nations. inc tf
P teartund bm
RWANDA sinew
REPUBLIC OF
Gitobe TANZANIA
Mabay! el Gutininda
using Maransara MUYINGA
ton Gashoho crs Sim
ruscigvo CIBITOKE Mwumba Kiremba ean IMC Pa
" IRC]
AF =
buson eee w
KAYANZA bu
BUBANZA ] 3 7". one auniga “
DEMOCRATIC crs Bi Bilinene eg swat
kARUZI CANKUZO
REPUBLIC = Rango wy Be
OF THE i a fhe
cia
CONGO “aiaurrn beset) tant Candee
exam
é , , 4 Gor Returnee Areas
. RUYIGI IRC
BUJUMBURA R. rusoka ces & Mim) unIcer [i]
ces im MWARU oe Inc [=|
Concern $8 Kayobwe crs & AAH A
cve Bam ene Inc #A
we Atif) fo Kinynya
Inc A= []
7 fora ONGOING USG
N \ wpinga PROGRAMS IN BURUNDI
\ upg kayove  Ginaro -
yi Administrativ.
NATIONWIDE \ rutona | RUTANA mina’
utowy cit Wm Agriculture/Food Security
CRS BURURT X Air Transport
IARC Be : ; Be Construction
TI, Cre © Coordination
ICEF 3 Wyanda
unicer 5 ~e[#] f © Emergency Relief Supplies
FAO ~e lim ee Maker © Gender-based Violence
OCHA ~ ara, W.TANZANIA | | GF) Health
Tearfund YY :
WEP x \ ort Reet AN] ARC [4] & Information Dissemination
WHO =e [-#] inc ALF)
wep he i wea @ || A. Retusee Assistance
. A | | vsairvoroa — UNITED UNHCR A Shelter
Multiple Ucaib/eeP ) unicer [| Training/Capacity Building
A REPUBLIC OF
UNHCR VoA &  Water/Sanitation
USAID/OTI TANZANIA 01
WFP A || staterpra wep Bt A 9114/05
U.S. NUCLEAR REGULATORY COMMISSION

Region III Office of Public Affairs

801 Warrenville Road, Lisle, IL 60532-4351

NEWS ANNOUNCEMENT: RIII-97-71 August 4, 1997

CONTACT: Jan Strasma 630/829-9663

Angela Dauginas 630/829-9662

E-mail: opa3@nrc.gov

NRC STAFF PROPOSES $110,000 FINE AGAINST ILLINOIS POWER CO.

FOR CIRCUIT BREAKER MAINTENANCE AT CLINTON NUCLEAR PLANT

The Nuclear Regulatory Commission staff has proposed a

$110,000 fine against Illinois Power Company for failing to

correct maintenance problems with safety-related circuit breakers

at the Clinton Nuclear Power Station. The plant is located near

Clinton, Illinois.

The violation was identified in an NRC inspection from

January through March of this year.

The company was cited for failing to take adequate

corrective action to ensure the circuit breakers were adequately

maintained and to prevent the use of incorrect lubricants and

cleaning agents on the circuit breakers. Using incorrect

lubricants and cleaning materials resulted in hardened grease

which subsequently caused the circuit breakers to fail to

operate.

NRC Regional Administrator A. Bill Beach, in notifying the

utility of the fine, said: "The violation represents a

significant program breakdown in that assurance was lost that

safety-related electrical breakers would function if required."

He added that the utility had taken "inadequate corrective

action for a longstanding equipment problem and the serious

degradation of safety-related circuit breakers." The company had

been previously cited by the NRC for failing to adequately

maintain circuit breakers in 1995.

As a result of this year's NRC inspection findings, the

utility has undertaken extensive inspections and refurbishing of

the safety-related circuit breakers at the plant. It has also

improved its maintenance procedures and taken steps to make sure

that correct lubricants are used on the circuit breakers.

Illinois Power Co. has until August 31 to pay the fine or to

protest it. If the fine is protested and subsequently imposed by

the NRC staff, the utility may request a hearing.
#####
NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

61 Forsyth Street SW

Atlanta GA 30303

Web Site: www.nrc.gov/OPA

No. II-00-24 FOR IMMEDIATE RELEASE

CONTACT: Ken Clark (404)562-4416/e-mail: kmc2@nrc.gov (Friday, May 19, 2000)

Roger D. Hannah (404)562-4417/e-mail: rdh1@nrc.gov

NRC Staff to Discuss Performance of St. Lucie Plant May 24

The NRC staff will hold a brief public meeting at 2 p.m. at Florida Power & Light’s St. Lucie

nuclear power plant on Hutchinson Island Wednesday, May 24 to discuss the plant’s latest plant

performance review results. Although the meeting will be between the NRC and company officials,

the NRC staff will be available to answer any questions at the conclusion of the meeting.

The primary purpose of the plant performance reviews is to evaluate safety performance

information and identify any changes in plant performance so the NRC can allocate inspection

resources appropriately. The text of each PPR letter, including the one on both units at St. Lucie, is

available from the NRC Office of Public Affairs and has also been posted at www.nrc.gov/OPA/ppr

on the NRC Web site.

The NRC staff will also hold a previously-announced public meeting the evening of May 24 to

discuss its revised reactor inspection and assessment program for the plant.

That meeting will be at 7:00 p.m. in the Holiday Inn at Jensen Beach, and NRC officials will

describe the new program which began at the plant in April after being tested at 13 reactors across the

country starting last May. Members of the public will have the opportunity to ask questions during the

evening meeting.

#
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.57 Certified seed potatoes, and seed corn or maize.

Claim for classification as seed potatoes under subheading 0701.10.00, as seed corn (maize) under subheading 1005.10., HTSUS, shall be made at the time of entry. Such classification shall be allowed only if the articles are white or Irish potatoes, or maize or corn, imported in containers and if, at the time of importation, there is firmly affixed to each container an official tag supplied by the government of the country in which the contents were grown, or an agency of such government. The tag shall bear a certificate to the effect that the specified contents of the container were grown, and have been approved, especially for use as seed. The tag shall also bear a number or other symbol identifying the potatoes or corn in the container with an inspection record of the foreign government or its agency on the basis of which the certificate was issued.

[28 FR 14663, Dec. 31, 1963, as amended by T.D. 89-1, 53 FR 51250, Dec. 21, 1988]