alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

July 5, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51608

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LANCE E. LIVINGSTON,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:06-CR-104-2

--------------------

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Lance E. Livingston appeals his conviction and sentence for

conspiracy to distribute and possess with the intent to

distribute methamphetamine and aiding and abetting the

distribution of methamphetamine. Livingston argues that the

evidence is insufficient to support his conviction and that the

district court erred in declining to instruct the jury on the

spoliation of evidence. 

Livingston’s argument challenging the sufficiency of the
No. 06-51608

-2-

evidence does not address the evidence presented on the elements

of conspiracy or aiding and abetting. He contends that the

evidence did not show that he actually possessed or distributed

methamphetamine. Livingston was charged and convicted of

conspiracy and aiding and abetting. Thus, the Government was not

required to prove that he actually possessed or distributed

methamphetamine. See Delagarza-Villarreal, 141 F.3d 133, 140

(5th Cir. 1997). A reasonable trier of fact could have found

Livingston guilty of conspiracy to distribute and possess with

the intent to distribute and aiding and abetting distribution

beyond a reasonable doubt. See United States v. Mendoza, 226

F.3d 340, 343 (5th Cir. 2000).

Livingston’s challenge to the failure of the district court

to instruct the jury on spoliation of evidence is also without

merit. The record shows that the Government did not act in bad

faith in the loss of the recorded interview of Livingston by

Detective Mobley. See United States v. Wise, 221 F.3d 140, 156

(5th Cir. 2000). Accordingly, the judgment of the district court

is AFFIRMED.
exhibit_10-68033109.htm


    EXHIBIT 10.68


    
      


      ADDENDUM TO LICENSE AND
SUPPLY AGREEMENT

      


      


      This
Agreement is made and effective this 20th day of
February, 2009, by and between Amarillo Biosciences, Inc., a Texas corporation
with its principal place of business at 4134 Business Park Drive, Amarillo,
Texas 79110 (hereinafter “AMAR”), and Cytobiotech, Inc. with its principal place
of business at 6F., No.6, Sec.1, Jhongshing Rd.,Wugu Shiang, Taipei county
24872, Taiwan (hereinafter “CYTOB”).

      


      RECITALS

      


      AMAR and
CYTOB are parties a License and Supply Agreement dated February 6, 2009 with
view of AMAR’s and CYTOB’s cooperation and collaboration in the development and
commercialization of oral applications of interferon in humans and
animals.

      


      THEREFOLRE,
AMAR and CYTOB agree as follows:

      


      The
licenses fee and stock purchased by CYTOB in the License and Supply Agreement
dated February 6, 2009 shall be assigned to the countries in the Territory by
human population in the World Almanac 2009 (World Almanac Books, Reader’s Digest
Association, 1 Reader’s Digest Road, Pleasantville, NY 10570-7000) such that
seventy-two percent (72%) of the value of the license fee and stock purchase is
attributed to China and Taiwan and one and thirty-five hundredths percent
(1.35%) is attributed to Malaysia.  This calculation is made for the
purpose of sending notices of “first right of refusal” to Cytopharm and
Bumimedic, respectively.

      


      IN
WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the Effective
Date.

      


      


      AMARILLO
BIOSCIENCES, INC.

      


      


      By:       /s/
Joseph M. Cummins

      Joseph M. Cummins,

      President and Chief Executive
Officer

      


      


      CYTOBIOTECH,
INC.

      


      


      By:      /s/
Jason C. Chang

      Jason C. C Chang,

                  Chief
Executive Officer
#### § 60.115 [Reserved]
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711 5eSPQs> 

### OFF8CJALBUSIN' 

### STATEOFTEXAS, PENALTY FOR , • 

### FRDVATE USE ; /. 2 \$g,f '£^&£&&M£27m&^£2j 0 2 1M ^ V>V)-d,W 

### 0004279596 APR23 201f WAILEDFROMZlf,g,OQ£ JAJaL 4/16/2015 

### URIAS, JAVIER Tr. Ct: Nov20(T9059333?ftSft-? WR"82,009-02 On this day, the supplemental clerk's recbrdjh Response to the order issued by this Court, has been received and presented to the-Court. Abel Acosta, 

# % c* JAVIER URIAS 

# 3. OtMHHMr

- TDC # 1773706 

### ?> S'So "3"u_sW? i)-ej-4J* 

## £JL Pc^o.T*. -j^^s PITNEY BOWES

ilTP
Editorial Note on Part 57
Editorial Note: 1. At 63 FR 69969, Dec. 17, 1998, part 57 was added by duplicating portions of part 59. At 63 FR 72353, Dec. 31, 1998, part 59 was redesignated as part 590 of 9 CFR. 2. Nomenclature changes to part 57 appear at 63 FR 69971, Dec. 17, 1998.

§ 57.945 Foreign eggs offered for importation; reporting of findings to customs; handling of products refused entry. ( a ) Inspectors shall report their findings to the collector of customs at the port where products are offered for entry, and shall request the collector to refuse entry to eggs that are marked or designated “U.S. Refused Entry” or otherwise are not in compliance with the regulations in this part. Unless such products are exported by the consignee within a time specified by the collector of customs (usually 30 days), the consignee shall cause the destruction of such products for human food purposes under the supervision of an inspector. If products are destroyed for human food purposes under the supervision of an inspector, he shall give prompt notice thereof to the District Director of Customs.
( b ) Consignees shall, at their own expense, return immediately to the collector of customs, in means of conveyance or packages sealed by the Department, any eggs received by them under this part which in any respect do not comply with this part.
( c ) Except as provided in § 57.930(a), no person shall remove or cause to be removed from any place designated as the place of inspection, any eggs that the regulations require to be marked in any way, unless the same has been clearly and legibly marked in compliance with this part.
[63 FR 69968, 69971, Dec. 17, 1998, as amended at 69 FR 57168, Sept. 24, 2004]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Angeles
Partners XIV 1999 Third Quarter 10-QSB and is qualified in its entirety by
referencce to such 10-QSB filing.
</LEGEND>
<CIK> 0000759859
<NAME> ANGELES PARTNERS XIV
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,326
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          27,228
<DEPRECIATION>                                  18,212
<TOTAL-ASSETS>                                  11,510
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         30,073
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (27,026)
<TOTAL-LIABILITY-AND-EQUITY>                    11,510
<SALES>                                              0
<TOTAL-REVENUES>                                 3,628
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 5,083
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,426
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,455)
<EPS-BASIC>                                    (30.04)<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>


</TABLE>
#### James C. Jewett et al., Appellants, *v.*William C. Pickersgill, Respondent.

(Submitted June 5, 1884;

decided June 17, 1884.)

*Cecil Campbell Higgins*for appellants.

*Joseph Larocgue*for respondent.

Agree to dismiss appeal; no opinion.

All concur.

Appeal dismissed.
#### § 613.1 Purpose.

This part provides NRCS policy on the operation of PMCs. The Centers have responsibilities for assembling, testing, releasing, and providing for the commercial production and use of plant materials and plant materials technology for programs of soil, water, and related resource conservation and development.
Editorial Note on Part 4290
Editorial Note: Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

§ 4290.503 RBIC's adoption of an approved valuation policy. ( a ) *Valuation guidelines.* You must prepare, document and report the valuations of your Loans and Investments in accordance with the Valuation Guidelines for SBICs issued by SBA. These guidelines may be obtained from SBA's Investment Division or at *http://www.sba.gov/sites/default/files/files/inv_valuation.pdf .*
( b ) *The Agency's approval of valuation policy.* You must have a written valuation policy approved by the Agency for use in determining the value of your Loans and Investments. You must either: ( 1 ) Adopt without change the model valuation policy set forth in section III of the Valuation Guidelines for SBICs; or
( 2 ) Obtain the Agency's prior written approval of an alternative valuation policy.
( c ) *Responsibility for valuations.* Your board of directors, managing member(s), or general partner(s) will be solely responsible for adopting your valuation policy and for using it to prepare valuations of your Loans and Investments for submission to the Agency. If the Agency reasonably believes that your valuations, individually or in the aggregate, are materially misstated, it reserves the right to require you to engage, at your expense, an independent third party acceptable to the Agency to substantiate the valuations.
( d ) *Frequency of valuations.* ( 1 ) You must value your Loans and Investments at the end of the second quarter of your fiscal year, and again at the end of your fiscal year.
( 2 ) On a case-by-case basis, the Agency may require you to perform valuations more frequently.
( 3 ) You must report material adverse changes in valuations at least quarterly, within 30 days following the close of the quarter.
( e ) *Review of valuations by independent public accountant.* ( 1 ) For valuations performed as of the end of your fiscal year, your independent public accountant must review your valuation procedures and the implementation of such procedures, including adequacy of documentation.
( 2 ) The independent public accountant's report on your audited annual financial statements (SBA Form 468 or other USDA-approved form(s)) must include a statement that your valuations were prepared in accordance with your approved valuation policy.
[69 FR 32204, June 8, 2004, as amended at 76 FR 80222, Dec. 23, 2011]
EXHIBIT 31.1
                            SECTION 302 CERTIFICATION






<PAGE>


                                 CERTIFICATIONS

I, Blair Zykan, certify that:

1. I have reviewed this annual report on Form 10KSB of TDI Holding Corporation;

2.  Based on my  knowledge,  this  annual  report  does not  contain  any untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made,  not  misleading  with  respect to the period  covered by this annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others  within those  entities,  particularly  during the
period in which this annual report is being prepared;

     b) evaluated the effectiveness of the registrant's  disclosure controls and
procedures  as of a date  within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

     c) presented in this annual report our conclusions  about the effectiveness
of the  disclosure  controls and  procedures  based on our  evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):

         a) all significant  deficiencies in the design or operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and

         b) any fraud whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and



<PAGE>


6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual report whether there were significant  changes in internal controls or in
other factors that could  significantly  affect internal controls  subsequent to
the date of our most recent  evaluation,  including any corrective  actions with
regard to significant deficiencies and material weaknesses.

Date: July 15, 2005

/s/Blair Zykan
-------------------------------------------------------------------------------
Blair Zykan, President, Chief Executive Officer,
Chief Financial Officer and Director
---

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               

The undersigned, Yulu Bai, the Chief Executive Officer of
SILVAN INDUSTRIES, INC. (the Company), DOES HEREBY CERTIFY that:

1. The Companys Annual Report on Form 10-K/A for the fiscal
year ended December 31, 2010 (the Report), fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934; and

2. Information contained in the Report fairly presents, in all
material respects, the financial condition and results of operation of the
Company.

IN WITNESS WHEREOF, the undersigned has
executed this statement this 16thday of December, 2011.

| | /s/ Yulu
      Bai           
| | -----------------------------
| | Yulu Bai                     
| | Chief Executive Officer      
| | (Principal Executive Officer)

A signed original of this written statement required by Section
906 has been provided to Silvan Industries, Inc. and will be retained by Silvan
Industries, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.

The forgoing certification is being furnished to the Securities
and Exchange Commission pursuant to § 18 U.S.C. Section 1350. It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.

---
#### § 634.2 Objective.

The RCWP is designed to reduce agricultural nonpoint source pollutants to improve water quality in rural areas to meet water quality standards or water quality goals. The objective is to be achieved in the most cost-effective manner possible in keeping with the provision of adequate supplies of food and fiber and a quality environment.
#### § 51.1301 U.S. Extra No. 1.

“U.S. Extra No. 1” consists of pears of one variety which are mature, but not overripe, carefully hand-picked, clean, well formed, free from decay, internal breakdown, scald, freezing injury, worm holes, black end, hard end, drought spot, and free from injury caused by russeting, limbrubs, hail, scars, cork spot, sunburn, sprayburn, stings or other insect injury, or mechanical or other means, except that they shall be free from damage caused by bruises, broken skins, or disease. (See §§ 51.1306 and 51.1309.)
#### Monroe Yale Mann, Respondent, v Bernard Abel et al., Appellants, et al., Defendants.

Submitted September 4, 2007;

decided September 6, 2007

Reported below, 37 AD3d 778.

Motion by Advance Publications, Inc. et al. for leave to file a brief amici curiae on the appeal herein granted. Two copies of the brief must be served and 24 copies filed within seven days.
**MEMORANDUM**

**DATE:** 08/22 /2014 **FROM:** Laura Farris/EPA Region 8 **TO:** Clean Power Plan for Existing Power Plants; Docket Id: OAR– 2013
- 0602 **SUBJECT:** State Air Director’s Meeting
- August 19 , 2014 **SUMMARY :**  Carl Daly and Laura Farris, EPA Region 8 , met with the EPA Region 8 State Air Directors on Tuesday, August 19 , 2014, to discuss various aspects of the proposed rule under section 111(d) of the Clean Air Act . The r ule was proposed on June 2, 2014. **ATTENDEES: EPA**  **Region 8** Carl Daly Laura Farris Dee Rothery Monica Morales Abby Fulton **External Participants** Brian Gustafson, SD DEQ Will Allison, CO CDPHE Bryce Bird, UT DEQ Dave Klemp, MT DEQ Steve Dietrich, WY DEQ Terry O’Clair, ND DEQ
OSWER/OSRTI

Washington, DC 20460

NATIONAL PRIORITIES LIST (NPL) 

***Final Site*** March 2015 

DSC MCLOUTH STEEL Gibraltar, Michigan

GIBRALTAR PLANT Wayne County

 Site Location:

The DSC McLouth Steel Gibraltar Plant is located at 28000 West Jefferson Avenue in Gibraltar, Wayne County, 

Michigan. 

 Site History:

The site is a former industrial facility that operated as an annealing, pickling and cold roll steel mill. The site includes a

leachate treatment lagoon system and three landfills. The leachate control systems have been mismanaged which has

resulted in contamination to adjacent creeks and drains that lead to the Detroit River. 

 Site Contamination/Contaminants:

Leachate containing high concentrations of phenolic compounds and metals has resulted from rainwater and ground 

water percolation through steel waste and construction debris. 

 Potential Impacts on Surrounding Community/Environment: 

Without long-term cleanup efforts, leachate may run into the Detroit River and contaminate both the river and the Humbug 

Marsh wildlife refuge. 

 Response Activities (to date):

In 1999, Detroit Steel Company, Ltd. (DSC) undertook response activities at the property required by an administrative 

order with the EPA. The order requires DSC to stop the exposure of migratory birds to solid wastes at the treatment pond 

and to protect wildlife and wildlife habitat from any harmful effects of solid waste. DSC has stopped complying with 

the order. The state has managed the leachate collection since 2008 with limited funds that will soon be exhausted. 

 Need for NPL Listing:

State and local elected officials have requested the EPA to consider this site for inclusion on the National Priorities 

List. If left unmanaged leachate from the site could eventually contaminate the Detroit River and Humbug Marsh. The 

EPA received a letter of support for placing this site on the NPL from the state. 

[The description of the site (release) is based on information available at the time the site was evaluated with the HRS. The description may change 

as additional information is gathered on the sources and extent of contamination. See 56 FR 5600, February 11, 1991, or subsequent FR notices.]

For more information about the hazardous substances identified in this narrative summary, including general information regarding the effects of exposure to these 

substances on human health, please see the Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs. ATSDR ToxFAQs can be found on the Internet 

at http://www.atsdr.cdc.gov/toxfaqs/index.asp or by telephone at 1-888-42-ATSDR or 1-888-422-8737.