alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. OSC AR R AFAEL ZAM UDIO-DUR AN, a .k.a . Osc ar Zam

u dio-Dura

n, De fe nda

nt - Appe lla

nt. No. 12-10435

D.C . No. 2:10-c r-01351-NVW M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ariz o na Ne il V. W ake , Distric t Judge , Pre siding Subm itte d Fe brua

ry 18, 2014 * * B e fore : ALAR C ÓN, O’ SC ANNLAIN, a nd FER N ANDEZ, C irc uit Judge s. Osc ar R a fa e l Za

m u dio-Dura

n a ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 108-m onth se nte nc e im pose d following his guilty -ple a c onvic tion for c o nspira c y

to c om m it m one y

la unde ring, in viola

tion of 18 U.S.C . 

# FIL ED FEB 27 2014 M OLLY C. DW Y ER, CLERK U . S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).§ 1956(a )(1)(A)(i), (h). Pursuant to Ande rs v . C alifornia , 386 U.S. 738 (1967), Zam udio-Dura

n’ s c ounse l ha s file d a

brie f stating tha

t the re are no grounds for re lie f, a long with a

m otion to withdra

w a s c ounse l of re c ord. W e have provide d Zam udio-Dura

n the opportunity

to file a pro se supple m e nta l brie f. No pro se supple m e nta l brie f or answe ring brie f ha s be e n file d . Zam udio-Dura

n ha s wa ive d his right to a ppe a l his se nte nc e . Our inde pe nde nt re vie w of the re c ord pursua nt to P e n son v . Ohio , 488 U.S. 75, 80 (1988), disc lose s no a

rgua ble issue a s to the va lidity of the wa ive r. Se eUnite d State s v . W atson , 582 F.3d 974, 986-88 (9th C ir. 2009). W e a c c ordingly dism iss the a ppe a l. Se e id. at 988. C ounse l’ s m otion to withdra w is G RANT E D. DISM I SSE D.

1 2 - 1 0 4 3 5 2
#### 9904.406-63 Effective date.

This Standard is effective as of April 17, 1992. Contractors with prior CAS-covered contracts with full coverage shall continue this Standard's applicability upon receipt of a contract to which this Standard is applicable. For contractors with no previous contracts subject to this Standard, this Standard shall be applied beginning with the contractor's next full fiscal year beginning after the receipt of a contract to which this Standard is applicable.
### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-30396 Summary Calendar

JOE LOUIS CHAMPION, Plaintiff-Appellant

v. UNITED STATES OF AMERICA; ERIC HOLDER, Defendants-Appellees

A ppeal from the United States District Court for the Western District of Louisiana USDC No. 1:09-CV-1655
Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * Joe Louis Champion, federal prisoner # 75103

- 0 79, appeals from the dismissal of his Federa l T o r t Claims Act suit alleging that the defendants negligently f

a iled to protect h im from an attack by another p risoner and that they provided him inadequate medical care for his resulting injuries. As his sole issue on ap p eal, Champion argues that the magistrate j udge erred b y denying his motions for appointment of counsel. U n i t e d S t a te s C o u r t o f A p p e al s F i f t h C i rc u i t 

### F I L E D J uly26, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

. R. 47. 5. 4. Case: 12-30396 Document: 00512321870 Page: 1 Date Filed: 07/26/2013No. 12-30396

“This Court must e xamine the basis of its jurisdiction, on i ts own motion, if necessary.” Mosley v. Cozby , 813 F.2d 659, 660 ( 5th Cir. 1987). A magistrate judge has authority to hear and d etermine p retrial matters, s uch as motions for appointment o f counsel. See 28 U.S.C. § 636(b)(1) ( A )

. H owever, a magistrate judge’s orders are n ot final orders within the meaning o f 28 U.S.C. § 1291 and may not be a ppealed t o t his court directly. Donaldson v . Ducote , 373 F.3d 622, 624 (5th Cir. 2004). Because the p a r t ies did n ot consent to proceed before the magistrate judge, and because Champion did no t c h a llenge t he denials of his motions for a ppointment of counsel in t h e distric t c o urt, this court lacks jurisdiction to address the denials of those m otions. See id

. a t 6 2 4-25. Accordingly, we DISMI S S C h a mpion’s appeal f or lack of jurisdiction. His motion for appointment of counsel is DENIED.

2 Case: 12-30396 Document: 00512321870 Page: 2 Date Filed: 07/26/2013
§ 15.113 Testimony. ( a ) Testimony shall be given orally under oath or affirmation by witnesses at the hearing, but the hearing officer, in his discretion, may require or permit that the testimony of any witness be prepared in writing and served on all parties in advance of the hearing. Such testimony may be adopted by the witness at the hearing and filed as part of the record thereof. Unless authorized by the hearing officer, witnesses will not be permitted to read prepared testimony into the record. Except as provided in §§ 15.115 and 15.116, witnesses shall be available at the hearing for cross-examination.
( b ) Proposed exhibits shall be exchanged either at a prehearing conference, or otherwise prior to the hearing. Proposed exhibits not so exchanged may be denied admission as evidence unless good cause is shown why they were not exchanged. The authenticity of all proposed exhibits exchanged prior to hearing will be deemed admitted unless written objection thereto is filed prior to the hearing or unless good cause is shown at the hearing for failure to file such written objection.
#### § 1250.350 [Reserved]
## IN THE COU RT O F CR IM IN AL AP PE ALS OF TE XAS
N O . A P - 76, 152

EX PA R TE R O BE R T J. JAM ES , A ppl i c ant

ON AP P LI CAT I ON F OR A W RI T OF HABE AS CORP US CAUS E N O. 4 7 6 0 - A I N T HE 1 S T DI S TR I CT COURT

FROM NEW TON CO UNTY

P er cur i am . O P I N I O N Pursuant to the provisions of Article 11.07 of the Texas Code of Crim i n al P ro ce dure, the cler k of the trial court transmitted to this Court this application for writ of habe as cor

pus. Ex pa rte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ag g ravated sexual
a ssa ult of a c hil d an d sen ten c e d to lif e imp ri so nme nt. Th e Ni nth Court of Ap pe a ls a ff

ir me d h is conviction. J

am es v . S

tat e , No. 09-01-500- CR, (T ex . App. – B eaumont, 2002, no pet.) (not desig nated f

or publication). Applicant conte nds thatappellate counsel re ndere d ineffe ctive assistanc e bec ause c ounsel failed to a dvise him of

rig ht to petition for discretionar y revie w pro se.2

Ba sed on our indepe ndent re view of the rec ord, we find that appellate counsel fa iled to advise Applicant of his right to petition for discr etionary revie w pro se. Applicant is entitled to relief. Ex parte W ilson , 956 S.W .2d 25 (Tex. Crim. App. 1997). Relief if g rante d. Applicant is e ntitled to the opportunity to file an out-of -time petition for discretionar

y revie w of the judg ment of the Ninth Court of Appeals in Cause No. 09-00500-CR that
a f f i r m e d h i s c o n v i c t i o n i n C a s e N o . 4 7 6 0

- A f r o m t h e 1 J u d i c i a l D i s t r i c tC o u rto f N e w t o n C o u n t y.

st A p p l i c an ts h a l l f

i l e p e t i t i o n f

o r d i s c r e t i o n a r

y r e v i e w w i t h t h e N i n t h C o u rto f A p p e a l s w i t h i n 3 0 d a ys of the date on

wh ic h th is C ourt ’s mand a te iss ue s.

Deliver ed: May

6, 2009 Do no t pu bli sh
**EXHIBIT 31.1****CERTIFICATION**I, Roger I. MacFarlane, certify that:1. I have reviewed this annual report on Form 10-K of UTi Worldwide Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15 (f) and 15d-15(f)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s fourth fiscal quarter thathas materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   April 14, 2008  /s/ Roger I. MacFarlane Roger I. MacFarlane  Chief Executive Officer
Exhibit 32




SECTION 1350 CERTIFICATION





In connection with the quarterly report of Andain, Inc. (“Company”) on Form 10-Q for the quarter ended June 30, 2012 as filed with the Securities and Exchange Commission (“Report”), the undersigned, in the capacities and on the dates indicated below, hereby certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) that to their knowledge:





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.




Dated: August 29, 2012







Dated: August 29, 2012
/s/ Sam Shlomo Elimelech

Sam Shlomo Elimelech, President

(principal executive officer)



/s/ Gai Mar-Chaim

Gai Mar-Chaim, Secretary/Treasurer

(principal financial officer)
(January 30, 1980)

#### Eileen B. Weiss, Respondent, v Ilan Weiss, Appellant.

Order of the Supreme Court, Suffolk County, dated November 26, 1979, affirmed, with $50 costs and disbursements. We do not pass upon any question as to the allocation between the parties of the proceeds of the sale of the premises or with respect to any penalties which may be imposed against either of the parties. Hopkins, J. P., Damiani, Lazer and Weinstein, JJ., concur.
Exhibit 10.1 Q2 FY2013






                                                
        
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT




This Third Amendment to Employment Agreement is made and entered into as of January 1, 2013, by and between PriceSmart, Inc., a Delaware Corporation ("Employer") and John Heffner ("Executive").




Recitals


		
	A)
	On January 31, 2011 an Employment Agreement was made and entered into by and between Employer and Executive.




		
	B)
	Said Employment Agreement has been amended on two prior occasions.




		
	C)
	Employer and Executive now desire to amend the Employment Agreement, as set forth hereinbelow:




Agreement




		
	1.
	Section 2.1 of the Agreement which provides:




2.1    Salary.  For Executive's services hereunder, Employer shall pay as base salary to Executive the amount of $330,000 during each year of the Employment Term.  Said salary shall be payable in equal installments in conformity with Employer's normal payroll period.  Executive shall receive such salary increases, if any, as Employer, in its sole discretion, shall determine.
 
is hereby amended, effective January 1, 2013, to provide as follows:


2.1    Salary.  For Executive's services hereunder, Employer shall pay as base salary to Executive the amount of $336,600 during each year of the Employment Term.  Said salary shall be payable in equal installments in conformity with Employer's normal payroll period.  Executive shall receive such salary increases, if any, as Employer, in its sole discretion, shall determine.


		
	2.
	Section 3.1 of the Agreement which provides: 




		
	3.1
	Term. The term of Executive's employment hereunder shall commence on February 1, 2011 and shall continue until January 31, 2013 unless sooner terminated or extended as hereinafter provided.




is hereby amended, effective January 1, 2013, to provide as follows:


		
	1.
	Term.  The term of Executive's employment hereunder shall commence on February 1, 2011 and shall continue until January 31, 2014 unless sooner terminated or extended as hereinafter provided.




		
	3.
	All other terms of the Employment Agreement, as amended, shall remain unaltered and fully effective.






Executed in San Diego, California, as of the date first written above.

















EXECUTIVE                            EMPLOYER
PriceSmart, INC.


John Heffner                        By: ____________________


______________________                Name: Jose Luis Laparte    


Its: President
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

Featured Grant OpportunityPrint and Disseminate Child Victims and Witnesses Support Materials (Funding Opportunity)

## Breadcrumb

            -           Resource: Benefits for Children with Disabilities      

# Resource: Benefits for Children with Disabilities

This resource (PDF, 20 pages) can help parents, caregivers, or representatives of children younger than age 18 who have disabilities understand Supplemental Security Income payments and Social Security Disability Insurance, including the rules and processes. 

http://www.ssa.gov/pubs/EN-05-10026.pdf?utm_source=Youth.gov&utm_medium=federal-links&utm_campaign=Resource
----

 Exhibit 32 

 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 K-Tronik International  Corp. (the "Company") on Form 10-KSB for the year ended September 30, 2004 as  filed with the Securities and Exchange Commission on the date hereof (the "Report"),  each of the undersigned, in the capacities and on the dates indicated below,  hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to  Section 906 of the Sarbanes-Oxley Act of 2002, that to their knowledge:

| 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 operation of the Company. |

|   | By: /s/ Robert Kim         Robert Kim        President, Treasurer and Director |
|--------|--------------------------------------------------------------------------------|

----
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 .*

§ 1467.19 Scheme and device. ( a ) If it is determined by the NRCS that a participant has employed a scheme or device to defeat the purposes of this part, any part of any program payment otherwise due or paid such participant during the applicable period may be withheld or be required to be refunded with interest thereon, as determined appropriate by NRCS.
( b ) A scheme or device includes, but is not limited to, coercion, fraud, misrepresentation, depriving any other person of payments for cost-share practices, contracts, or easements for the purpose of obtaining a payment to which a person would otherwise not be entitled.
( c ) A participant who succeeds to the responsibilities under this part shall report in writing to the NRCS any interest of any kind in enrolled land that is held by a predecessor or any lender. A failure of full disclosure will be considered a scheme or device under this section.
EX-10.27



 Exhibit 10.27 

BROKERAGE CONTRACT 
 FOR INTRASTATE
GAS SALES 
 IDENTIFIER: JOHND2012 – INTRASTATEsales – Service Company #1.2 

By this contract Gas Natural Service Company, LLC (“Service Company”) agrees to accept and John D. Oil & Gas
Marketing Company, LLC (“John D”) agrees to tender, electronic confirmations of intrastate gas purchases as set forth below. This contract amends the 2006 version of the North American Energy Standards Board (“NAESB”)
Wholesale Natural Gas Sales Contract and an addendum, which contracts have been assigned the Identifiers: JohnD2012 – INTRASTATEsales – Service Company #1; and JohnD2012 – INTRASTATEsales—Service Company #1.1 respectively. 

RECITALS 

Whereas, Service Company desires to acquire supplies of natural gas for Service Company’s Buyers in the most efficient
manner, and 
 Whereas, John D. Oil & Gas Marketing Company, LLC (“John D.”), a broker and marketer of
natural gas, has agreed to provide electronic confirmation, in monthly spreadsheet form, for natural gas supply services to Service Company pursuant to the terms of contracts for brokerage services between John D. and Service Company assigned the
Identifiers: JohnD2012 – INTRASTATEsales—Service Company #1; and JohnD.2012 – INTRASTATESales – Service Company #1.1. 

Whereas, both Parties, John D. and Service Company, agree that each of them will benefit from this mutual change by more
efficient record-keeping processes; 
 Now therefore, in consideration of the mutual covenants contained herein, and other
good and valuable consideration, Service Company agrees to accept and John D. agrees to tender such electronic confirmations, in a form which shall be mutually acceptable to both of them. 








 BROKERAGE CONTRACT 

FOR INTRASTATE GAS SALES 

IDENTIFIER: JOHND2012 – INTRASTATEsales – Service Company #1.2 

 

 Complete Agreement: This contract amends the 2006 version of the NAESB Wholesale Gas
Sales Contract and addenda, as listed in paragraph #2 of the Recitals herein. Together such documents represent the complete and entire understanding between John D. and of Service Company, superseding any other prior agreements respecting
the subject matter of this contract. John D. and Service Company hereby declare that there are no promises, representations, conditions, warranties, other agreements, expressed or implied, oral or written, made or relied upon by any of them, except
those herein contained. 
 Therefore, for good and sufficient consideration exchanged, Gas Natural Service Company, LLC and
John D. Oil & Gas Marketing Company, LLC agree to the foregoing terms and conditions.  
 In witness
whereof, the Parties have executed this contract. 
 This contract may be executed in counterparts, an original of each signed
contract to be delivered to each counterparty. 
  

									
	GAS NATURAL SERVICE COMPANY, LLC	 		 	JOHN D. OIL & GAS MARKETING COMPANY, LLC
					
	By:	 	/s/ Rebecca Howell	 		 	By:	 	/s/ Michael Zappitello
	 Name:
	 	Rebecca Howell	 		 	Name:	 	Michael Zappitello
	 Title:
	 	 Corporate Controller,
 Gas Natural Service
Company, Inc.
	 		 	 Title:
 John
	 	
	 Date:
	 	November 28, 2012	 		 	Date:	 	November 28, 2012