alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JEMARA AKIL BUTLER, AKA Michael 

Smith, AKA Brian Williams, 

Defendant-Appellant.

No. 17-10461 

D.C. No. 

4:06-cr-00811-CKJ-DTF-2 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Cindy K. Jorgenson, District Judge, Presiding

Submitted September 12, 2019**

Pasadena, California

Before: RAWLINSON, IKUTA, and BENNETT, Circuit Judges.

Jemara Butler (“Butler”) appeals from a judgment and commitment order 

following revocation of his supervised release. We have jurisdiction under 18 U.S.C.

§ 3742 and 28 U.S.C. § 1291, and we affirm. 

* 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

SEP 27 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

First, Butler claims he did not provide the required consent to the district 

court’s delegation of authority to the magistrate judge to conduct his supervised

release revocation hearing. We review this issue de novo. See United States v. 

Colacurcio, 84 F.3d 326, 328 (9th Cir. 1996) (reviewing district court’s delegation 

of authority to conduct a probation revocation hearing to a magistrate judge). There 

is sufficient evidence of Butler’s consent to the delegation to a magistrate judge. The 

Federal Magistrates Act, 28 U.S.C. § 636(b), requires “explicit, clear, and 

unambiguous” consent. United States v. Sanchez-Sanchez, 333 F.3d 1065, 1069 (9th 

Cir. 2003) (quotation marks and citation omitted). Butler’s consent here—in writing 

and on the record—satisfies the statutory requirement. Butler relies on 18 U.S.C. 

§ 3401(b). But that subsection applies to the delegation of misdemeanor criminal 

trials, and the specific consent inquiry required for misdemeanor trial delegations 

was not required here.

Second, Butler claims the district court failed to conduct the appropriate 

review of the proceedings before the magistrate judge. The “threshold requirement 

for a de novo determination is that the district court review a tape recording or a 

transcript of the relevant portions of the proceedings before the magistrate.” United 

States v. Remsing, 874 F.2d 614, 618 (9th Cir. 1989). Here, the district court judge 

confirmed that she had reviewed the proceeding before the magistrate judge. We 

presume that district judges know and follow the law. United States v. Carty, 520 
3 

F.3d 984, 992 (9th Cir. 2008). There is no evidence to suggest otherwise here. 

Finally, there is no reversible error in the magistrate judge’s filing of 

“boilerplate” findings and recommendations where the district court properly

reviewed those findings and recommendations de novo. 

AFFIRMED.
#### § 2014.1 Purpose.

The purpose of this part is to provide for the implementation of the tariff-rate quota for imports of lamb meat established in Proclamation 7208 (64 FR 37387) (July 9, 1999) and modified in Proclamation 7214 (64 FR 42265) (Aug. 4, 1999). In particular, this part provides for the administration of export certificates where a country that has an allocation of the in-quota quantity under the tariff-rate quota has chosen to use export certificates.
### §70511. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70511 | 36:581. | Aug. 24, 1954, ch. 911, §11, 68 Stat. 799. |

Section
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Exhibit 10.20    
    


 
  AMENDMENT NO. 1
  TO
  ALLIANCE DATA SYSTEMS CORPORATION
  SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN    
    


Alliance
Data Systems Corporation hereby adopts this Amendment No. 1 to the Alliance Data Systems Corporation Supplemental Executive Retirement Plan (the "Plan"). The Amendment is effective
January 1, 2003. 


	1.
	Article II
is amended by adding new Section 2.7 to read as follows, with the old Section 2.7 renumbered to Section 2.8 and the remaining Sections of
Article II renumbered accordingly: 




2.7. Code Section 401(a)(4) Limit means the limit on the amount of the Retirement Contribution a Participant may receive under the Qualified Plan
on account of the nondiscrimination requirements imposed under Code Section 401(a)(4), as determined by the Benefits Administration Committee of the Qualified Plan in its discretion. 




	2.
	Section 4.3
shall be amended in its entirety to read as follows: 




4.3. Restorative Contributions. Whether or not a Participant elects to make Elective Contributions, the Employer shall allocate to each Participant an
amount equal to the amount of the Retirement Contribution, if any, that the Employer could not make to such Participant under the Qualified Plan because of either (i) the Code
Section 401(a)(4) Limit, or (ii) the Code Section 401(a)(17) Limit, reduced, if necessary, to take into account the $1 million limit on Eligible Compensation. 





Adopted
this 7th day of April, 2003, but effective as provided above. 



	 	 	ALLIANCE DATA SYSTEMS CORPORATION
	

 	
 	

Dwayne H. Tucker

	

 	
 	

By:	
 	

/s/  DWAYNE H. TUCKER      






	 	 	Title:	 	EVP












QuickLinks



Exhibit 10.20


AMENDMENT NO. 1 TO ALLIANCE DATA SYSTEMS CORPORATION SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN
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




In
connection with the Annual Report on Form 10-KSB/A (Amendment No. 3) of Deep
Down, Inc. (the “Company”) for the year ended December 31, 2007, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), the
undersigned, Eugene L Butler, Chief Financial Officer of the Company hereby
certifies, 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 results of operations of the Company.





By: /s/
EUGENE L. BUTLER


Eugene L.
Butler


Chief
Financial Officer


August
8 , 2008
<PAGE>

                                                                    Exhibit 10.2


                        [Letterhead of Maples and Calder]


Our Ref: RJT/ch/302157-01                                          25 June, 2003


NetEase.com, Inc.
15/F, North Tower
Beijing Kerry Center
No. 1 Guang Hua Road
Chao Yang District
Beijing, People's Republic of China

Dear Sirs,

We consent to the reference to our firm under the heading "Enforcement of Civil
Liabilities" and "Taxation" in the annual report on Form 20-F filed with the
Securities and Exchange Commission on or about the date hereof.


Yours faithfully,




/s/ MAPLES and CALDER Asia
### §152902. Organization

(a) Federal Charter.—National Society, Daughters of the American Colonists (in this chapter, the "corporation"), incorporated in the District of Columbia, is a federally chartered corporation.

(b) Expiration of Charter.—If the corporation does not comply with any provision of this chapter, the charter granted by this chapter expires.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1420.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 152902(a) | 36:2901. | Oct. 30, 1984, Pub. L. 98–561, §§1, 16 (last sentence), 17, 98 Stat. 2910, 2913. |
| 152902(b) | 36:2915 (last sentence).36:2916. | |

Section

36:2916.

This section is substituted for the source provisions for consistency in the revised title and to eliminate unnecessary and executed words.
#### § 301.206 Within-grade increases.

An employee serving under an overseas limited appointment of indefinite duration or an overseas limited term appointment in a position subject to the General Schedule, is eligible for within-grade increases in accordance with subpart D of part 531 of this chapter.

(5 U.S.C. 3301, 3302, E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218, as amended by E.O. 10641, 3 CFR, 1954-1958 Comp., p. 274)
1

Aerial Inspection Resources,Inc.

4380 SW Macadam Ave.

Suite 515

Portland, OR 97239

Drew.p@aerialinspectionresources.com

U.S. Department of Transportation February 1, 2016

Docket Management System

1200 New Jersey Ave. S.E. 

Washington, D.C. 20590

Re: Amendment to Aerial Inspection Resources, Inc. ExemptionNo. 11467

Regulatory Docket No. FAA-2015-0261

Dear Sir or Madam:

Aerial Inspection Resources, Inc. (AIR) is requesting an amendment to our FAA Exemption No. 

11467, Docket No. FAA-2015-0261 for the purpose of conducting commercial UAS operations. AIR 

wishes to add the DJI Phantom 3, DJI Matrice 100, Align M480L, and the Align M690L.

For your ease in reviewing this request, please refer to the exhibit list which begins on page 2.

If we can provide any additional information to assist your understanding or review of this 

document, please do not hesitate to contact us at 503-312-9804 or via email at 

Drew.p@aerialinspectionresources.com.

Thank you,

Drew Pairamore

Director of Regulatory Compliance

Aerial Inspection Resources,Inc.
2

Table of Contents

Exhibits

Exhibit 1: DJI Phantom 3 Specifications................... Uploaded separately due to sizeconstraints

Exhibit 2: DJI Matrice 100 Specifications.............Uploaded separately due to size constraints

Exhibit 3: Align M480L Specifications..............Uploaded separately due to size constraints

Exhibit 4: Align M690L Specifications.............Uploaded separately due to size constraints
3
NRC INFORMS AREVA OF SAFETY ISSUES WITH 

EPR REACTOR DESIGN’S COMPUTER SYSTEMS

The Nuclear Regulatory Commission staff has informed AREVA NP that the company 

has yet to demonstrate how some aspects of the EPR reactor’s digital instrumentation and control 

system meet NRC requirements. 

While the NRC’s letter to AREVA acknowledges progress in resolving the issues, 

particularly the discussion during a June 25 public meeting and AREVA’s July 1 letter proposing 

revisions to the system, the NRC staff notes that additional information is necessary to determine 

the system’s acceptability. Specifically, AREVA needs to better demonstrate that each safety 

division in the system can perform its function without relying on information originating from 

outside the safety division and is protected from adverse influence from outside the division. 

AREVA also needs to better demonstrate that data exchanged between safety and non-safety 

divisions are processed in a manner that does not adversely affect the function of the safety 

division. 

 

The staff continues its work on the remainder of the EPR design certification application. 

The impact on the overall EPR certification review schedule will be established after AREVA 

provides more details on its plans to revise the reactor’s digital instrumentation and control 

system. The staff’s letter to AREVA will be available on the NRC’s electronic documents 

database, ADAMS, by entering ML101940253 into the ADAMS Public Access search engine at 

this address: http://adamspublic.nrc.gov/fnopenclient/. More information on the EPR design 

certification review is available on the NRC website here: http://www.nrc.gov/reactors/newreactors/design-cert/epr.html. 

### 

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa.resource@nrc.gov

Site: http://www.nrc.gov

No. 10-130 July 23, 2010
### §2102B. Adaptations to residences of veterans in rehabilitation programs

(a) In General.—Subject to subsections (b) and (c), the Secretary may assist a veteran who is entitled to services and assistance under chapter 31 of this title and is pursuing a rehabilitation program under such chapter in acquiring such adaptations to such veteran's residence as are determined necessary by the Secretary to accomplish the purposes of such rehabilitation program.

(b) Amount.—(1) The aggregate amount of assistance available to a veteran under subsection (a) may not exceed $77,307. The Secretary may waive this limitation for a veteran if the Secretary determines a waiver is necessary for the rehabilitation program of the veteran.

(2) Effective on October 1 of each year (beginning in 2017), the Secretary shall increase the amount described in paragraph (1) by the percentage calculated under section 2102(e)(2) of this title.

(3) Beginning on October 1, 2019, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a biennial report on the use of the waiver authority under paragraph (1).

(c) Regulations.—The Secretary shall prescribe such regulations as may be necessary to carry out this section.

(d) Rehabilitation Program Defined.—In this section, the term "rehabilitation program" has the meaning given such term in section 3101 of this title.

(Added Pub. L. 115–177, §1(a), June 1, 2018, 132 Stat. 1376.)

#### **Statutory Notes and Related Subsidiaries**

#### Regulations

Pub. L. 115–177, §1(b), June 1, 2018, 132 Stat. 1376, provided that: "The Secretary may provide assistance under section 2102B of such title [meaning title 38, United States Code], as added by subsection (a), in advance of regulations by issuing notice specifying the criteria for the application, approval, and oversight processes relating to the provision of assistance under such section."
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

      In  connection  with the  quarterly  Report of CCP  Worldwide,  Inc.  (the
"Company") on Form 10-QSB for the quarter ending June 30, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, David
R. Allison,  Chief  Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C.  section 1350, as adopted  pursuant to section 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.

      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.


/s/David R. Allison
-----------------------
Chief Executive Officer


August 13, 2004
### §1926. Authority for higher interest rates for amounts payable to beneficiaries

Notwithstanding sections 1902, 1923, and 1925 of this title, if the beneficiary of an insurance policy receives the proceeds of such policy under a settlement option under which such proceeds are paid in equal monthly installments over a limited period of months, the interest that may be added to each such installment may be at a rate that is higher than the interest rate prescribed in the appropriate section of this subchapter. The Secretary may from time to time establish a higher interest rate under the preceding sentence only in accordance with a determination that such higher rate is administratively and actuarially sound for the program of insurance concerned. Any such higher interest rate shall be paid on the unpaid balance of such monthly installments.

(Added Pub. L. 96–128, title III, §302(a), Nov. 28, 1979, 93 Stat. 986, §726; renumbered §1926 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 726 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1902, 1923, and 1925" for "702, 723, and 725".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as an Effective Date of 1979 Amendment note under section 1114 of this title.
### §2105. Nonliability of United States

The Government of the United States shall have no liability in connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, §805; Pub. L. 96–385, title III, §301(d), Oct. 7, 1980, 94 Stat. 1531; renumbered §2105, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

#### **Editorial Notes**

#### Prior Provisions

Prior section 2105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1224, related to administration of mustering-out payments provisions, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

#### Amendments

1991—Pub. L. 102–83 renumbered section 805 of this title as this section.

1980—Pub. L. 96–385 made the United States not liable for any adaptation in connection with any housing unit.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.
# L_2021067EN.01006901.xml

| 25.2.2021 | EN | Official Journal of the European Union | L 67/69 |
| --- | --- | --- | --- |

25.2.2021

EN

Official Journal of the European Union

L 67/69

---

DECISION OF THE EEA JOINT COMMITTEE

No 171/2018

of 6 July 2018

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2021/232]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:

| (1) | It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the operation and development of the internal market of goods and services and regarding internal market governance tools. |
| --- | --- |

(1)

It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the operation and development of the internal market of goods and services and regarding internal market governance tools.

| (2) | Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2018, |
| --- | --- |

(2)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2018,

HAS ADOPTED THIS DECISION:

Article 1

Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:

| 1. | in paragraph 12, the words ‘and 2017’ are replaced by the words ‘, 2017 and 2018’; |
| --- | --- |

1.

in paragraph 12, the words ‘and 2017’ are replaced by the words ‘, 2017 and 2018’;

| 2. | in paragraph 14, the words ‘the financial year 2017’ are replaced by the words ‘the financial years 2017 and 2018’. |
| --- | --- |

2.

in paragraph 14, the words ‘the financial year 2017’ are replaced by the words ‘the financial years 2017 and 2018’.

Article 2

This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).

It shall apply from 1 January 2018.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 6 July 2018.

For the EEA Joint Committee

The President

Oda Helen SLETNES

---

(*1)  No constitutional requirements indicated.

*1

---
**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**

In connection with the Annual Report of Unico, Incorporated (the “Company”) on Form 10-K/A for the period ended February 29, 2008 as filed with the Securities and Exchange Commission (the “Report”), I Kenneth Wiedrich, Chief Financial Officer of Unico, Incorporated (the "Company"), hereby certify pursuant to 18 U.S.C. §1350, was adopted pursuant to §906 of the Sarbanes Oxley Act of 2002, that:

1.

the Annual Report on Form 10-K of the Company for the fiscal year ended February 29, 2008 (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.
| Dated: June 11, 2009

*/s/ Kenneth Wiedrich*

Kenneth Wiedrich

Chief Financial Officer

 

  |
|---------------------------------------------------------------------------------------------------------|