alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-513
In Re: DUNG VAN NGUYEN, Petitioner.
On Petition for Writ of Mandamus. (CR-94-196-A) Submitted: May 20, 1997 Decided: May 30, 1997 Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges. Petition denied by unpublished per curiam opinion. Dung Van Nguyen, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Dung Van Nguyen brought this mandamus petition seeking an order directing the district court to rule on his motion for habeas corpus relief. The district court dismissed Nguyen's motion by order dated March 27, 1997. Nguyen's request for mandamus relief is therefore moot. Accordingly, we deny mandamus relief and dismiss the petition. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not significantly aid the decisional process.

PETITION DENIED
Exhibit








Exhibit 10.3
RESONANT INC.
AMENDMENT NO. 2
TO
AMENDED AND RESTATED
2014 OMNIBUS INCENTIVE PLAN


This Amendment No. 2 (this “Amendment”) to the Resonant Inc. Amended and Restated 2014 Omnibus Incentive Plan (the “Plan”) is effective as of June 6, 2017, by action of the Board of Directors of Resonant Inc., a Delaware corporation (the “Company”).
1.    Section 3.1(a) of the Plan is hereby amended and restated in its entirety to read as follows:
“(a)    Subject to adjustment as provided in Section 12.2, a total of 5,950,000 Shares shall be authorized for grant under the Plan (the “Maximum Plan Shares”).  Any Shares that are subject to Awards shall be counted against this limit as one (1) Share for every one (1) Share granted.”
I hereby certify that the foregoing Amendment was duly adopted by the Board of Directors of the Company on March 29, 2017, and approved by the stockholders of the Company at a meeting held on June 6, 2017.
Executed as of June 6, 2017    
	
		
	RESONANT INC.

	 
	 

	By:
	/s/ Jeff A. Killian

	Name:
	Jeff A. Killian

	Its:
	Chief Executive Officer
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43455

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.
MICHAEL KENNETH MURPHY, JR. ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2016 Unpublished Opinion No. 330

Filed: January 19, 2016
Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Second Judicial District, State of Idaho, Latah County. Hon. John R. Stegner , District Judge.
Judgment relinquishing jurisdiction and imposing sentence, affirmed

. Sara B. Thomas, State Appellate Public Defender; Jenevieve C. Swinford , Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori Anne Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________ Before MELANSON, Chief Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________ PER CURIAM Michael Kenneth Murphy Jr. pleaded guilty to burglary , Idaho Code §§ 18

- 1401, 18

- 1403. The district court imposed a unified five

- year sentence, with tw o years determinate
, but after a period of retained jurisdiction , suspended the sentence and placed Murphy on probation. Subsequently, Murphy admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence , but retained jurisd iction a second time. After Murphy’s period of retained jurisdiction, the district court suspende d the sentence and placed him on probation. Subsequently, Murphy admitted to violating th e terms of his probation again and the district court revoked probation and ordered execution of the original sentence, but retained jurisdiction for a third time . Prior to completing2

the rider program, the district court relinquished jurisdiction and exe cuted the original sentence. Murphy appeals, contending that the distri ct court abused its discretion by relinquishing jurisdiction and executing the underlying five

- year sentence, with two years fixed

. We note that the decision to place a defendant on probation or whether, instead, to relinquish jurisdiction over the defendant is a matter within the sound discretion of the district court and will not be overturned on appeal absent an abuse of that discretion. State v. Hood , 102 Idaho 711, 712, 639 P.2d 9, 10 (1981); State v. Lee , 117 Idaho 203, 205

- 06, 786 P.2d 594, 596

- 97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate. Applying the foregoing standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion in relinquishing jurisdiction and ordering
execution of Murphy ’s sentence . Therefore, the judgment relinquishing j urisdiction and imposing sentence is affirmed.
#### *Clark,*&c. *vs. Yates, &c.*

Chancery.

Case 44.

Error to the Adair circuit; Benjamin Monroe, Judge.

*Chancery. Will. Execution. Parties.*

April 13.

Bill of complainants.

Executor a proper party, but neither served with process nor appearing.

Decree of court below.

Decree pronounced-er- ■ roneous.

Judge Robertson

delivered the opinion of the Court.

The defendants in error filed their hill in chancery, as heirs of William Clark deceased, agaist the plaintiffs in error, also, heirs of said Clark, to set aside a will, purporting to be the last testament of their ancestor, and which had been admitted to record in the county court of Adair.

Pascal D. Craddock, who was qualified as the executorofthe will, was prayed tobe made a defendant; but process was never served on him, and he did not enter his appearance.

The court decreed in favor of the defendants in error, and declared the will invalid, for want of a disposing mind by the testator.

The decree was premature and irregular. The executor was a necessary party. He was not made a party, and consequently the decree, for this cause is erroneous.

*195*Crittenden,*for plaintiff; *Monroe,*for defendant.

Wherefore the decree is reversed, and the cause remanded, with instructions for such further proceedings; as may be necessary to prepare the case for final and valid decree, and as the executor has appeared in this court, it will be unnecessary to serve him with process.
#### Bridget Gallagher, Appellant, v. Paul Van Stappen et al., Respondents.

Order entered November 30, 1966, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs and without disbursements, and the motion for a trial preference granted. Plaintiffs advanced age, the uncontroverted proof of the nature and extent of the injuries, plaintiff’s incapacity and immobility, the need for medical and custodial care, and the depletion of plaintiff’s meagre financial resources, warrant the relief. Concur — Botein, P. J., Stevens, Steuer, Rabin and McNally, JJ.
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## Breadcrumb

            -  Announcements 
            -           Report: Use of Supports Among College Students with Disabilities and Special Needs      

# Report: Use of Supports Among College Students with Disabilities and Special Needs

This report (PDF, 2 pages) investigates whether students informed colleges of their disabilities or special needs and who received accommodations and services for them. It also describes whether students used academic support services, sought help, or enrolled in remedial courses during college. **Learn more.**
NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL

AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

RICARDO TORRES MARQUEZ, Petitioner.

No. 1 CA-CR 17-0269 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR2011-159134-001

The Honorable Patricia Ann Starr, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Maricopa County Attorney’s Office, Phoenix

By Diane Meloche

Counsel for Respondent

Ricardo Torres Marquez, Kingman

Petitioner

MEMORANDUM DECISION

Presiding Judge Kenton D. Jones, Judge Jon W. Thompson, and Judge 

Jennifer M. Perkins delivered the decision of the Court.

FILED 1-4-2018
STATE v. MARQUEZ

Decision of the Court

2

P E R C U R I A M:

¶1 Petitioner Ricardo Marquez seeks review of the superior 

court’s order denying his petition for post-conviction relief, filed pursuant 

to Arizona Rule of Criminal Procedure 32.1. This is the petitioner’s first, 

albeit untimely, petition.

¶2 Absent an abuse of discretion or error of law, this Court will 

not disturb a superior court’s ruling on a petition for post-conviction relief. 

State v. Gutierrez, 229 Ariz. 573, 576-77, ¶ 19 (2012). It is the petitioner’s 

burden to show that the superior court abused its discretion in denying the 

petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶3 We have reviewed the record in this matter, the superior 

court’s order denying the petition for post-conviction relief, and the petition 

for review. We find that petitioner has not shown any abuse of discretion. 

¶4 Accordingly, we grant review and deny relief.
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1410.13 Grassland enrollments and permitted uses. ( a ) Land may be enrolled in CRP under a grassland signup as specified in §§ 1410.30(c) and 1410.31(e) and (f).
( b ) Grassland enrollments will generally be administered under all the provisions of this part, except where specific provisions apply only to grassland enrollments.
( c ) Land enrolled in CRP under a grassland signup may be eligible for the Transition Incentives Program as specified in § 1410.64.
( d ) The following activities may be permitted on grassland enrolled in CRP according to an approved conservation plan: ( 1 ) Common grazing practices, including maintenance and necessary cultural practices, in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to the locality;
( 2 ) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the primary nesting season;
( 3 ) Fire pre-suppression, fire-related rehabilitation, and construction of firebreaks;
( 4 ) Grazing related activities, such as fencing and livestock watering facilities; and
( 5 ) Other activities, when the manner, number, intensity, location, operation, and other features associated with such activity will not adversely affect the grassland resources or related conservation values protected under the CRP contract.
#### § 1160.213 Adjustment of accounts.

Whenever the Board or the Secretary determines through an audit of a processor's reports, records, books or accounts or through some other means that additional money is due the Board or to such processor from the Board, the Board shall notify that person of the amount due or overpaid. If the processor owes money to the Board, it shall remit that amount by the next date for remitting assessments as provided in § 1160.211. For the first two erroneous reports submitted by a processor in the preceding 12-month period, late-payment charges assessed pursuant to § 1160.214 shall not begin to accrue until the day following such date. For all additional erroneous reports submitted by a processor during the 12-month period, late-payment charges shall accrue from the date the payment was due. If the processor has overpaid, that amount shall be credited to its account and applied against amounts due in succeeding months.

[73 FR 29390, May 21, 2008]
§ 1223.47 Prohibited activities. The Board may not engage in, and shall prohibit the employees and agents of the Board from engaging in: ( a ) Any action that would be a conflict of interest; and
( b ) Using funds collected by the Board under this subpart to undertake any action for the purpose of influencing legislation or governmental action or policy, by local, state, national, and foreign governments, other than recommending to the Secretary amendments to this subpart.
( c ) No program, plan, or project including advertising shall be false or misleading or disparaging to another agricultural commodity. Pecans of all origins shall be treated equally.
#### § 1405.3 Effect of changes in regulations.

Unless otherwise indicated, the regulations in effect in this chapter as of April 4, 1996, shall continue to apply to the 1991 through 1995 crops of agricultural commodities, to milk produced on or before May 1, 1996, and to contracts entered into prior to any amendments to this chapter after that date.
I 

118TH CONGRESS 

1ST SESSION H. R. 134 

To amend title XVIII of the Social Security Act to remove geographic 

requirements and expand originating sites for telehealth services. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. BUCHANAN (for himself, Mrs. STEEL, and Mr. JOHNSON of Ohio) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committee on Ways and Means, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to remove 

geographic requirements and expand originating sites for 

telehealth services. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REMOVING GEOGRAPHIC REQUIREMENTS AND 

4 EXPANDING ORIGINATING SITES FOR TELE5 HEALTH SERVICES. 

6 Section 1834(m) of the Social Security Act (42 

7 U.S.C. 1395m(m)) is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 134 IH

1 (1) in paragraph (2)(B)(iii) by striking ‘‘during 

2 the 151-day period beginning on’’ and inserting ‘‘on 

3 or after’’; and 

4 (2) in paragraph (4)(C)(iii) by striking ‘‘during 

5 the 151-day period beginning on’’ and inserting ‘‘on 

6 or after’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsBOREAS AFM-06 Mean Wind Profile DataThe Boreal Ecosystem-Atmosphere Study (BOREAS) Airborne Fluxes and Meteorology (AFM)-6 team from the National Oceanic and Atmospheric Administration/Environment Technology Laboratory (NOAA/ETL) operated a 915-MHz wind/Radio Acoustic Sounding System (RASS) profiler system in the Southern Study Area (SSA) near the Old Jack Pine (OJP) tower from 21 May 1994 to 20 Sep 1994. The data set provides wind profiles at 38 heights, containing the variables of wind speed; wind direction; and the u-, v-, and w-components of the total wind. The data are stored in tabular ASCII files. The mean wind profile data are available from the Earth Observing System Data and Information System (EOSDIS) Oak Ridge National Laboratory (ORNL) Distributed Active Archive Center (DAAC). The data files are available on a CD-ROM (see document number 20010000884).Document ID20000116614Acquisition SourceGoddard Space Flight CenterDocument TypeTechnical Memorandum (TM)AuthorsWilczak, James*(National Oceanic and Atmospheric Administration Boulder, CO United States)*Hall, Forrest G.*(NASA Goddard Space Flight Center Greenbelt, MD United States)*Newcomer, Jeffrey A.*(Raytheon Information Technology and Scientific Services Greenbelt, MD United States)*Smith, David E.Date AcquiredAugust 19, 2013Publication DateJune 1, 2000Subject CategoryEarth Resources And Remote SensingReport/Patent NumberNASA/TM-2000-209891/VOL14NAS 1.15:209891/VOL14Rept-2000-03136-0/VOL14Funding Number(s)PROJECT: RTOP 462-33-01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType20000116614.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
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## Breadcrumb

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            -           Resource: Increasing Physical Education and Physical Activity: A Framework for Schools      

# Resource: Increasing Physical Education and Physical Activity: A Framework for Schools

This framework (PDF, 8 pages) from the CDC’s National Center for Chronic Disease Prevention and Health Promotion can help schools plan and organize physical education and activity before, during, and after school to increase students’ overall physical activity and health. **Learn more** (PDF, 8 pages).
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  Quarterly  Report on Form 10-Q of WNC Housing Tax
Credit Fund VI,  L.P.,  Series 14 (the  "Partnership")  for the  quarters  ended
December  31,  2008,  September  30 2008  and June  30,  2008 as filed  with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  and
pursuant to 18 U.S.C.,  section 1350, as adopted  pursuant to section 906 of the
Sarbanes-Oxley  Act of 2002,  I,  Melanie  R.  Wenk,  Vice-President  and  Chief
Financial Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify 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 Partnership.




/s/Melanie R. Wenk
------------------
Melanie R. Wenk
Vice-President and Chief Financial Officer of WNC & Associates, Inc.
April 1, 2010
Exhibit 32.2


Certification Pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002


(18 U.S.C. Section 1350)


In connection with the accompanying Quarterly Report of Noble Energy, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2013 (the “Report”), I, Kenneth M. Fisher, Chief Financial Officer of the Company, hereby certify that to my knowledge:


|    |                                                                                                                                                
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------
|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

|    |                                                                                                                                                     
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------
|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date:October 24, 2013/s/ Kenneth M. FisherKenneth M. FisherChief Financial Officer
#### § 1206.61 Books and records.

Each first handler and importer shall maintain and make available for inspection by the Department such books and records as are necessary to carry out the provisions of this part, any regulations issued under this part, including such records as are necessary to verify any reports required. Such records shall be retained for at least two years beyond the fiscal period of their applicability.