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that this opinion should not be published and is not precedent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

December 10, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-30646

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE FRANCISCO GUZMAN,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 02-CR-20126-1 

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

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

The Federal Public Defender representing Jose Francisco

Guzman has moved for leave to withdraw and has filed a brief as

required by Anders v. California, 386 U.S. 738 (1967). Guzman

was sent a copy of counsel’s motion and brief, but has not filed

a response. Our independent review of the brief and the record

discloses no nonfrivolous issue for appeal. Accordingly,

counsel’s motion for leave to withdraw is GRANTED, counsel is
No. 03-30646

-2-

excused from further responsibilities herein, and the APPEAL IS

DISMISSED.
<TABLE> <S> <C>



<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S QUARTERLY REPORT ON FORM 10-Q FOR THE THREE MONTHS ENDED JUNE 30,
1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>                                            
<MULTIPLIER>                                                1,000
       
<S>                                   <C>
<PERIOD-TYPE>                         3-MOS
<FISCAL-YEAR-END>                                     DEC-31-1998
<PERIOD-START>                                        APR-01-1998
<PERIOD-END>                                          JUN-30-1998
<CASH>                                                     18,335
<SECURITIES>                                                1,156
<RECEIVABLES>                                               1,178
<ALLOWANCES>                                                    0
<INVENTORY>                                                 2,918
<CURRENT-ASSETS>                                           23,271
<PP&E>                                                     59,379
<DEPRECIATION>                                             30,939
<TOTAL-ASSETS>                                             61,459
<CURRENT-LIABILITIES>                                      13,302
<BONDS>                                                    83,734
<PREFERRED-MANDATORY>                                           0
<PREFERRED>                                                 6,538
<COMMON>                                                   80,640
<OTHER-SE>                                               (126,026)
<TOTAL-LIABILITY-AND-EQUITY>                               61,459
<SALES>                                                        81
<TOTAL-REVENUES>                                            1,229
<CGS>                                                           0
<TOTAL-COSTS>                                              10,983
<OTHER-EXPENSES>                                                0
<LOSS-PROVISION>                                                0
<INTEREST-EXPENSE>                                          1,605
<INCOME-PRETAX>                                           (10,957)
<INCOME-TAX>                                                    0
<INCOME-CONTINUING>                                       (10,957)
<DISCONTINUED>                                                  0
<EXTRAORDINARY>                                                 0
<CHANGES>                                                       0
<NET-INCOME>                                              (10,957)
<EPS-PRIMARY>                                               (0.34)
<EPS-DILUTED>                                               (0.34)
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
COMPANY'S  QUARTERLY  REPORT ON FORM 10-Q FOR THE THREE  MONTHS  ENDED MARCH 31,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.

</LEGEND>
<CIK>                         0000856573
<NAME>                        NORTH AMERICAN VACCINE
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                  3-MOS
<FISCAL-YEAR-END>                            DEC-31-1999
<PERIOD-START>                               JAN-01-1999
<PERIOD-END>                                 MAR-31-1999
<CASH>                                            13,487
<SECURITIES>                                           0
<RECEIVABLES>                                      1,537
<ALLOWANCES>                                           0
<INVENTORY>                                        4,642
<CURRENT-ASSETS>                                  20,928
<PP&E>                                            61,350
<DEPRECIATION>                                    36,217
<TOTAL-ASSETS>                                    53,625
<CURRENT-LIABILITIES>                             12,693
<BONDS>                                          108,734
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                        6,538
<COMMON>                                          81,079
<OTHER-SE>                                      (157,517)
<TOTAL-LIABILITY-AND-EQUITY>                      53,625
<SALES>                                            1,159
<TOTAL-REVENUES>                                   1,524
<CGS>                                                  0
<TOTAL-COSTS>                                     11,107
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                 1,878
<INCOME-PRETAX>                                  (10,255)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                              (10,255)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     (10,255)
<EPS-PRIMARY>                                      (0.32)
<EPS-DILUTED>                                      (0.32)
        

</TABLE>
Editorial Note on Part 882
Editorial Note: Nomenclature changes to part 882 appear at 73 FR 35341, June 23, 2008.

§ 882.1855 Electroencephalogram (EEG) telemetry system. ( a ) *Identification.* An electroencephalogram (EEG) telemetry system consists of transmitters, receivers, and other components used for remotely monitoring or measuring EEG signals by means of radio or telephone transmission systems.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 882.9.
[44 FR 51730, Sept. 4, 1979, as amended at 84 FR 71815, Dec. 30, 2019]
# AVS

Quality Management System Title: Domestic Change Worksheet QPM# AIR-ANM-D30-F4 

### Date: December 17,2008 Revision 1


## <QOIV FDMS Docket No. FAA-'.!OO 

# Record ofContacts



# 0173 With whom outside the FAAhas thisproposal been discussed (e.g., ATA, RAA, ALPA, etc.)?

Organization Person Contacted Date Boeing 

### Paul Richter 7/16/08 ATA Mark Lopez 10/10/07

UNCONTROLLED COPY WHEN DOWNLOADED Check the Master List to Verify That This isthe Correct Revision Beiore Use
Exhibit 10.1





                                 PROMISSORY NOTE

$4,319,000.00     November 14, 2002

         FOR VALUE RECEIVED, BuckTV.com, Inc., a Nevada corporation ("Maker"),
promises to pay to the order of AlphaCom, Inc., a Nevada corporation ("Holder"),
the principal sum of Four Million Three Hundred Nineteen Thousand and No/100
($4,319,000) Dollars or such lesser amount as is actually due from time to time
by Holder to those Persons in the amounts set forth on Schedule 5(h) to that
certain Asset Purchase Agreement by and between Maker and Holder dated as of
November 14, 2002 (the "Asset Purchase Agreement").

         1.   Amounts outstanding under this Note are due and payable to Holder
from time to time upon receipt by Maker of proceeds from a direct equity
investment or series of investments from an outside third party or third
parties, and/or license fees and/or royalty payments received from the license
of the Intellectual Property (as defined in the Asset Purchase Agreement) to
third party licensees. Upon receipt of such proceeds, Maker shall allocate up to
seventy-five percent (75%) of such proceeds to the payment of the Note, up to a
maximum aggregate amount of $4,319,000. The remaining twenty-five percent (25%)
of such proceeds may not be used to reduce the principal amount under this Note.

         2.   Each said payment shall be payable at 1035 Rosemary Boulevard,
Suite I, Akron, Ohio 44306 or by wire transfer to an account designated by
Holder by written notice to Maker at least ten days prior to the date for
payment hereunder.

         3.   This Note is issued pursuant to the Asset Purchase Agreement.

         4.   If the outstanding principal amount under this Note is not reduced
in accordance with Section 1 hereinabove within thirty days of receipt by Maker
of such proceeds specified in Section I hereinabove, Maker promises to pay all
costs of collection, including but not limited to, reasonable attorney's fees
not exceeding a sum equal to five percent (5%) per cent of the outstanding
balance owed under said Note, and costs incurred by the Holder hereof, on
account of such collection, whether or not suit is filed hereon.

         5.   The Maker hereof waives demand, protest, presentment, notice of
nonpayment, except as provided herein, and any and all lack of diligence or
delays in connection or enforcement hereof, and subject to Maker's consent,
agrees to an extension, or any other indulgence or forbearance whatsoever.

         6.   This Note shall be governed by and construed in accordance with
the laws of the State of Nevada.

         IN WITNESS WHEREOF, Maker has caused these presents to be signed by its
President on the day and year first hereinabove written.

BUCKTV.COM, INC.

By:
LARRY E. HUNTER President
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JUAN ANTONIO ALBANEZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-72217

Agency No. A070-924-063

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 16, 2013** 

Before: CANBY, IKUTA, and WATFORD, Circuit Judges.

Juan Antonio Albanez, a native and citizen of Guatemala, petitions pro se for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision denying his application for asylum, withholding of

removal, and protection under the Convention against Torture (“CAT”). Our

FILED

APR 22 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-72217

jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence

the agency’s factual determinations, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th

Cir. 2008), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the agency’s conclusion that Albanez failed to

establish past persecution or a well-founded fear of future persecution. See Lim v.

INS, 224 F.3d 929, 936 (9th Cir. 2000) (“[t]hreats . . . constitute past persecution in

only a small category of cases, and only when the threats are so menacing as to

cause significant actual suffering or harm.”) (internal quotation marks omitted);

Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future

persecution too speculative). Absent a showing of past persecution, Albanez is not

eligible for humanitarian asylum. See 8 C.F.R. § 1208.13(b)(1)(iii). 

Consequently, his asylum claim fails.

Because Albanez failed to demonstrate eligibility for asylum, it follows that

he did not satisfy the more stringent standard for withholding of removal. See

Rostomian v. INS, 210 F.3d 1088, 1089 (9th Cir. 2000).

Substantial evidence also supports the agency’s denial of CAT protection

because Albanez failed to demonstrate it is more likely than not he will be tortured

by or with the consent or acquiescence of the Guatemalan government. See Silaya,

524 F.3d at 1073.
3 11-72217

Finally, we lack jurisdiction to grant Albanez the discretionary relief he

references.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
Terms of Compensation Arrangement with Jon Stoner



 Exhibit 10.31 
 Terms of Compensation 
  

			
	Name:	 	Jon Stoner
		
	Title:	 	Senior Vice President and Chief Technical Officer
		
	Base Salary:	 	$230,000
		
	Bonus Plan:	 	Eligible for participation in the company’s Key Manager Incentive Program with a target payout at 60% of base salary and a maximum payout of 150% of base salary
		
	Equity Awards:	 	Eligible to participate in the Amended and Restated AMIS Holdings, Inc. 2000 Equity Incentive Plan.
		
	Health Benefits:	 	eligible for group insurance program consisting of a hospital, surgical, major medical, life, dependent life, accidental death insurance and dental plan, and an annual executive
physical
		
	401K:	 	company match of 50% of the employee’s first 6% contribution, not to exceed 50% of the 402(g) limit
		
	Severance	 	
	Payments:	 	Change of control severance agreement provides that, in the event that the executive’s employment with the Company is involuntarily terminated, other than for cause or by reason of the
executive’s death or disability, within ninety days prior to or two years after a change of control, the Company shall pay to the executive the following benefits:
		
		 	 •     a lump sum payment in cash equal to the value of his earned but unpaid annual base salary and other
vested but unpaid cash entitlements through the termination date;

		
		 	 •     any other vested benefits earned through the termination date under any employee benefit plan or
arrangement maintained by the Company;

		
		 	 •     a cash payment in an amount equal to the sum of nine-twelfths of the executive’s then-current annual
base salary and then-current target bonus;

		
		 	 •     a cash payment in an amount equal to the cost to the executive to purchase COBRA benefits for the
eighteen month period after the termination.

		
		 	In addition, one-half of the executive’s then-outstanding equity awards will accelerate and become fully vested.
		
		 	Should the executive remain in the employ of the Company as of the day prior to the effective date of the change of control, the Company will also pay the executive a cash payment equal to
three-twelfths of the executive’s annual base salary in effect immediately prior to the change of control.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 172 Enrolled Bill (ENR)]

        H.Con. Res.172
                                                 Agreed to June 12, 1996

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                          Concurrent Resolution

 
 Authorizing the 1996 Summer Olympic Torch Relay to be run through the 
                Capitol Grounds, and for other purposes.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF RUNNING OF 1996 SUMMER OLYMPIC TORCH RELAY 
              THROUGH CAPITOL GROUNDS.

    On June 20, 1996, or on such other date as the Speaker of the House 
of Representatives and the President pro tempore of the Senate may 
jointly designate, the 1996 Summer Olympic Torch Relay may be run 
through the Capitol Grounds as part of the ceremony of the Centennial 
Olympic Games to be held in Atlanta, Georgia.

SEC. 2. CONDITIONS.

    (a) In General.--The event authorized by section 1 shall be free of 
admission charge to the public and arranged not to interfere with the 
needs of Congress, under conditions to be prescribed by the Architect 
of the Capitol and the Capitol Police Board. The sponsor of the event 
shall assume full responsibility for all expenses and liabilities 
incident to all activities associated with the event.
    (b) Prohibition on Display of Advertisements.--The Architect of the 
Capitol and the Capitol Police Board shall take such actions as may be 
necessary to prohibit the display of advertisements for commercial 
products or services during the event. Such actions shall include 
measures to ensure that advertisements are not displayed on any vehicle 
accompanying runners in the Torch Relay.

SEC. 3. STRUCTURES AND EQUIPMENT.

    For the purposes of this resolution, the sponsor of the event 
authorized by section 1 may erect upon the Capitol Grounds, subject to 
the approval of the Architect of the Capitol, such structures and 
equipment as are necessary for the event.

SEC. 4. ADDITIONAL ARRANGEMENTS.

    The Architect of the Capitol and the Capitol Police Board are 
authorized to make any additional arrangement that may be required to 
carry out the event authorized by section 1.

SEC. 5. LIMITATIONS ON REPRESENTATIONS.

    A commercial sponsor of the 1996 Summer Olympic Torch Relay may not 
represent, either directly or indirectly, that this resolution or any 
activity carried out under this resolution in any way constitutes 
approval or endorsement by the Federal Government of the commercial 
sponsor or any product or service offered by the commercial sponsor.
Attest:

                                 Clerk of the House of Representatives.

Attest:

                                               Secretary of the Senate.
```
[Federal Register Volume 74, Number 147 (Monday, August 3, 2009)]
[Notices]
[Page 38397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18476]


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

DEPARTMENT OF COMMERCE

International Trade Administration


Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Advance Notification of Sunset Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

Background

    Every five years, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''), the Department of Commerce (``the 
Department'') and the International Trade Commission automatically 
initiate and conduct a review to determine whether revocation of a 
countervailing or antidumping duty order or termination of an 
investigation suspended under section 704 or 734 of the Act would be 
likely to lead to continuation or recurrence of dumping or a 
countervailable subsidy (as the case may be) and of material injury.

FOR FURTHER INFORMATION CONTACT:  Hallie Zink, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Ave., NW, 
Washington, DC 20230; telephone (202) 482-6907.

Upcoming Sunset Reviews for September 2009

    There are no Sunset Reviews scheduled for initiation in September 
2009.
    For information on the Department's procedures for the conduct of 
sunset reviews, See 19 CFR 351.218. This notice is not required by 
statute but is published as a service to the international trading 
community. Guidance on methodological or analytical issues relevant to 
the Department's conduct of Sunset Reviews is set forth in the 
Department's Policy Bulletin 98.3, Policies Regarding the Conduct of 
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty 
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998). The Notice of 
Initiation of Five-year (``Sunset'') Reviews provides further 
information regarding what is required of all parties to participate in 
Sunset Reviews.

    Dated: July 23, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-18476 Filed 7-31-09; 8:45 am]
BILLING CODE 3510-DS-S
#### Joseph Allan WILSON, Appellant, v. Hon. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Appellee.

No. 1054, Docket 83-2113.

United States Court of Appeals, Second Circuit.

Submitted Aug. 21, 1986.

Decided Sept. 3, 1986.

*305Ida C. Wurezinger, New York City (Philip S. Weber, New York City, of counsel), for appellant.

Jeremy Gutman, Asst. Dist. Atty., New York City (Mario Merola, Dist. Atty., Steven R. Kartagener, Asst. Dist. Atty., New York City, of counsel), for appellee.

Before TIMBERS, VAN GRAAFEI-LAND and CARDAMONE, Circuit Judges.

PER CURIAM:

This Court in the above state prisoner habeas corpus case, on August 27, 1984 by a divided vote, 742 F.2d 741 (Van Graafei-land, J., dissenting), having reversed a judgment of the district court and having entered a judgment directing that appellant Wilson, who had been convicted in a state court of murder and robbery, be released unless the state retried him; and

The Supreme Court of the United States on June 26, 1986, on the state’s petition for a writ of certiorari, having concluded, *sub nom. Kuhlmann v. Wilson,*— U.S.-, 106 S.Ct. 2616, 91 L.Ed.2d 364, that this Court’s judgment of August 27, 1984 was “clear error”, — U.S. at-, 106 S.Ct. at 2629-31 and having reversed the said judgment of this Court, and having remanded the case to this Court for further proceedings consistent with the opinion of Mr. Justice Powell, *id;*now it is

ORDERED ADJUDGED and DECREED as follows:

> (1) The said judgment of this Court entered August 27, 1984, 742 F.2d 741, is in all respects vacated and set aside.

> (2) The case is remanded to the district court with directions to dismiss the petition for a writ of habeas corpus on the merits with prejudice.

> (3) Costs in this Court on all proceedings shall be taxed in favor of appellee and against appellant Wilson.