alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except underthe limited circumstancesset forth inLocalRule

47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-40732

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MILLARD DEAN LOFTIS,

Defendant-Appellant.

Appeal from the United States District Court

For the Eastern District of Texas

(5:94-CV-76)

April 23, 1996

Before POLITZ, Chief Judge, GARWOOD and STEWART, Circuit Judges.

PER CURIAM:*

Millard Dean Loftis appeals the denial of his motion for relief under 28 U.S.C.

§ 2255, contending that he received ineffective assistance of counsel; the district court gave

improper reasons and employed an incorrect analysis when departing upward from the

applicable guideline sentencing range; the government did not notify him of its intention to

seek an upward departure; and the district court denied him the right of allocution at

sentencing. Our review of the record and briefs discloses no reversible error.
 

1Varnado v. Lynaugh, 920 F.2d 320 (5th Cir. 1991).

 

2Smith v. Estelle, 711 F.2d 677 (5th Cir. 1983), cert. denied, 466 U.S. 906 (1984).

 

3See Loftis v. United States, No. 5:94-CV-076 (E.D.Tex., Aug. 23, 1995) (unpublished

order).

2

We will not considerthe contentions ofineffective assistance of counsel which Loftis

raises for the first time on appeal.1 His contention that he was denied his right of allocution

is not persuasive for it lacks a factual basis. His further contention that counsel was

ineffective for failing to raise hisfourth amendment contentions on direct appeal is likewise

unconvincing; Loftis pleaded guilty and thus waived the suppression issues.2 As to Loftis’s

remaining contentions, we affirm for essentially the facts found, authorities cited, and

reasons given by the learned district judge.3

AFFIRMED.
#### CAMERON v. THE STATE.

(Decided June 17, 1915.)

Appeal from Barbour Circuit Court.

Heard before Hon. M. Sollie.

*679No counsel marked for appellant. W. L. Martin, Attorney General, and W. H. Mitchell, Assistant Attorney General, for the State.

Brown, J.

Appeal dismissed on authority of *Mitchell v. State, infra,*69 South. 399.
§ 14.11 Net worth exhibit. ( a ) Each applicant except a qualified tax-exempt organization or cooperative association must provide with its application a detailed exhibit showing the net worth of the applicant and any affiliates when the proceeding was initiated. If any individual, corporation, or other entity directly or indirectly controls or owns a majority of the voting shares or other interest of the applicant, or if the applicant directly or indirectly owns or controls a majority of the voting shares or other interest of any corporation or other entity, the exhibit must include a showing of the net worth of all such affiliates or of the applicant including the affiliates. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant's and its affiliates' assets and liabilities and is sufficient to determine whether the applicant qualifies under the standards in this part. The administrative law judge may require an applicant to file additional information to determine the eligibility for an award.
( b ) The net worth exhibit shall describe any transfers of assets from, or obligations incurred by, the applicant or any affiliate, occurring in the one-year period prior to the date on which the proceeding was initiated, that reduced the net worth of the applicant and its affiliates below the applicable net worth ceiling. If there were no such transactions, the applicant shall so state.
( c ) Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of the net worth exhibit, or any part of it, may submit that portion of the exhibit directly to the ALJ or adjudicative officer in a sealed envelope labeled “Confidential Financial Information,” accompanied by a motion to withhold the information. ( 1 ) The motion shall describe the information sought to be withheld and explain, in detail, why it should be exempt under applicable law or regulation, why public disclosure would adversely affect the applicant, and why disclosure is not required in the public interest.
( 2 ) The net worth exhibit shall be served on the FAA counsel, but need not be served on any other party to the proceeding.
( 3 ) If the ALJ or adjudicative officer finds that the net worth exhibit, or any part of it, should not be withheld from disclosure, it shall be placed in the public record of the proceeding. Otherwise, any request to inspect or copy the exhibit shall be disposed of in accordance with the FAA's established procedures.
[54 FR 46199, Nov. 1, 1989, as amended by Amdt. 14-03, 64 FR 32935, June 18, 1999]
§ 145.221 Service difficulty reports. ( a ) A certificated repair station must report to the FAA within 96 hours after it discovers any serious failure, malfunction, or defect of an article. The report must be in a format acceptable to the FAA.
( b ) The report required under paragraph (a) of this section must include as much of the following information as is available: ( 1 ) Aircraft registration number;
( 2 ) Type, make, and model of the article;
( 3 ) Date of the discovery of the failure, malfunction, or defect;
( 4 ) Nature of the failure, malfunction, or defect;
( 5 ) Time since last overhaul, if applicable;
( 6 ) Apparent cause of the failure, malfunction, or defect; and
( 7 ) Other pertinent information that is necessary for more complete identification, determination of seriousness, or corrective action.
( c ) The holder of a repair station certificate that is also the holder of a part 121, 125, or 135 certificate; type certificate (including a supplemental type certificate); parts manufacturer approval; or technical standard order authorization, or that is the licensee of a type certificate holder, does not need to report a failure, malfunction, or defect under this section if the failure, malfunction, or defect has been reported under parts 21, 121, 125, or 135 of this chapter.
( d ) A certificated repair station may submit a service difficulty report for the following: ( 1 ) A part 121 certificate holder, provided the report meets the requirements of part 121 of this chapter, as appropriate.
( 2 ) A part 125 certificate holder, provided the report meets the requirements of part 125 of this chapter, as appropriate.
( 3 ) A part 135 certificate holder, provided the report meets the requirements of part 135 of the chapter, as appropriate.
( e ) A certificated repair station authorized to report a failure, malfunction, or defect under paragraph (d) of this section must not report the same failure, malfunction, or defect under paragraph (a) of this section. A copy of the report submitted under paragraph (d) of this section must be forwarded to the certificate holder.
[Doc. No. FAA-1999-5836, 66 FR 41117, Aug. 6, 2001, as amended by Amdt. 22, 68 FR 75382, Dec. 30, 2003; Amdt. 145-26, 70 FR 76979, Dec. 29, 2005; Amdt. 145-30, 79 FR 46985, Aug. 12, 2014; Amdt. 145-30A, 79 FR 66607, Nov. 10, 2014]
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LIFE Program Physical Features of St. Joseph Bay Aquatic Preserve Quick Topics St. Joseph Bay is a large body of water enclosed by St. Joseph Peninsula. The St. Joseph Peninsula is 17 miles long and has an average width of 1,000 feet. It is formed from the Cape San Blas shoals and the historical migration of the Apalachicola River. The cape and the spit sediments are quartz sands originally supplied by the Apalachicola River. Waves and other shore zone processes have put the beaches in a constant state of change over the last hundred years. Cape San Blas is one of the most critically eroding shorelines in Florida. St. Joseph Bay is not significantly influenced by freshwater inflows, therefore, the salinity is 35 ppt - essentially the same as the Gulf. The surface area of the bay is approximately 43,872 acres. The bay's deepest parts are 35 feet near the point, and the southern end averages 3 feet. The preserve is a part of theApalachicolaChattahoochee-Flint watershed. White sand beaches of St. Joseph Bay St. Joseph Bay Aquatic Preserve Quick Facts Description of Site Recreation Resources Physical Features Archaeological Resources Natural Communities Species Management Maps and Other Publications Volunteering

Last updated: July 07, 2011 3900 Commonwealth Boulevard M.S. 235 Tallahassee, Florida 32399 850-245-2094 (phone) / 850-245-2110 (fax) Contact Us DEP Home |About DEP | Contact Us | Search | Site Map 

### Physical Features of St. Joseph Bay Aquatic Preserve http://www.dep.state.fl.us/coastal/sites/stjoseph/resources/physical.htm

1 of 1 10/14/2011 3:26 PM
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM REGISTRANT'S
REPORT ON FORM 10-Q FOR THE PERIOD  ENDED JANUARY 31, 1999  AND IS  QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              APR-30-1999
<PERIOD-END>                                   JAN-31-1999
<CASH>                                           1,328
<SECURITIES>                                         0
<RECEIVABLES>                                    8,501
<ALLOWANCES>                                         0
<INVENTORY>                                     10,787
<CURRENT-ASSETS>                                32,451
<PP&E>                                          78,070
<DEPRECIATION>                                  53,945
<TOTAL-ASSETS>                                  56,650
<CURRENT-LIABILITIES>                           57,517
<BONDS>                                            327
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     21,021
<COMMON>                                        28,761
<OTHER-SE>                                     (50,976)
<TOTAL-LIABILITY-AND-EQUITY>                    56,650
<SALES>                                        143,158
<TOTAL-REVENUES>                               143,158
<CGS>                                          135,307
<TOTAL-COSTS>                                  135,307
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,461
<INCOME-PRETAX>                                 (3,742)
<INCOME-TAX>                                      (117)
<INCOME-CONTINUING>                             (3,625)
<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                    (3,625)
<EPS-PRIMARY>                                     (.48) 
<EPS-DILUTED>                                     (.48)
        

</TABLE>
EXHIBIT 99.2 -- Certification of Chief Financial Officer






               CERTIFICATION PURSUANT TO SECTION 906
                 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the filing of Australian-Canadian Oil Royalties Ltd.
(the "Company"), on Form 10-KSB for the period ended December 31, 2002, as
filed with the Securities and Exchange Commission  (the "Report"), the
undersigned, Robert Kamon, the Chief Financial Officer of the  Company,
hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C.ss.1350), 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 condi tion and results of
         operations of the Company.


Dated:   April 14, 2003



/s/ Robert Kamon
Robert Kamon
Chief Financial Officer

























                            Exhibit 99.2
§ 1253.215 Membership practices of certain organizations. ( a ) *Social fraternities and sororities.* These Title IX regulations do not apply to the membership practices of social fraternities and sororities that are exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership of which consists primarily of students in attendance at institutions of higher education.
( b ) *YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls.* These Title IX regulations do not apply to the membership practices of the Young Men's Christian Association (YMCA), the Young Women's Christian Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire Girls.
( c ) *Voluntary youth service organizations.* These Title IX regulations do not apply to the membership practices of a voluntary youth service organization that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of which has been traditionally limited to members of one sex and principally to persons of less than nineteen years of age.
§ 25.1183 Flammable fluid-carrying components. ( a ) Except as provided in paragraph (b) of this section, each line, fitting, and other component carrying flammable fluid in any area subject to engine fire conditions, and each component which conveys or contains flammable fluid in a designated fire zone must be fire resistant, except that flammable fluid tanks and supports in a designated fire zone must be fireproof or be enclosed by a fireproof shield unless damage by fire to any non-fireproof part will not cause leakage or spillage of flammable fluid. Components must be shielded or located to safeguard against the ignition of leaking flammable fluid. An integral oil sump of less than 25-quart capacity on a reciprocating engine need not be fireproof nor be enclosed by a fireproof shield.
( b ) Paragraph (a) of this section does not apply to— ( 1 ) Lines, fittings, and components which are already approved as part of a type certificated engine; and
( 2 ) Vent and drain lines, and their fittings, whose failure will not result in, or add to, a fire hazard.
( c ) All components, including ducts, within a designated fire zone must be fireproof if, when exposed to or damaged by fire, they could— ( 1 ) Result in fire spreading to other regions of the airplane; or
( 2 ) Cause unintentional operation of, or inability to operate, essential services or equipment.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25-11, 32 FR 6913, May 5, 1967; Amdt. 25-36, 39 FR 35461, Oct. 1, 1974; Amdt. 25-57, 49 FR 6849, Feb. 23, 1984; Amdt. 25-101, 65 FR 79710, Dec. 19, 2000]
II 

116TH CONGRESS 

2D SESSION S. 3906 

To amend the Gulf of Mexico Energy Security Act of 2006 to eliminate 

the cap on qualified outer Continental Shelf revenues that may be received by Gulf producing States under that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2020 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the Gulf of Mexico Energy Security Act of 2006 

to eliminate the cap on qualified outer Continental Shelf 

revenues that may be received by Gulf producing States 

under that Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Offshore Cap Parity 

5 Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3906 IS

1 SEC. 2. ELIMINATION OF LIMITATIONS ON AMOUNT OF DIS2 TRIBUTED QUALIFIED OUTER CONTINENTAL 

3 SHELF REVENUES. 

4 Section 105 of the Gulf of Mexico Energy Security 

5 Act of 2006 (43 U.S.C. 1331 note; Public Law 109–432) 

6 is amended by striking subsection (f). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<PAGE>

                                                                 EXHIBIT 10.11.7

                              EIGHTH AMENDMENT TO

                              EMPLOYMENT AGREEMENT

This Eighth Amendment to Employment Agreement (the "Eighth Amendment") is made
and  entered into as of September 1, 2002, by and between KENNEDY-WILSON, INC.,
a Delaware corporation with its principal office located in Beverly Hills,
California (the "Company"), and Freeman A. Lyle, Jr., and individual
("Employee").

                                    RECITALS

     WHEREAS, Company and Employee have entered into that certain Employment
Agreement dated as of April 1, 1996, and amended April 1, 1997, April 1, 1998,
April 1, 1999, April 1, 2000, January 1, 2001, and March 28, 2001 ("Agreement"),
providing for the employment of Employee by Company pursuant to the terms of
such Agreement; and

     WHEREAS, Company and Employee have agreed that the terms of the Employment
Agreement should be modified to change the Term of Employment.

                             AMENDMENT TO AGREEMENT

NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, the parties hereby amend the Agreement,
effective as of September 1, 2002 as follows:

     1.   The term of this Agreement is extended to December 31, 2003.
          Therefore, Section 2 of the Agreement is amended such that the
          termination date of "December 31, 2002" is deleted and the termination
          date of "December 31, 2003" is inserted in lieu thereof.

     2.   Section 4 (i) of the Agreement is amended such that Employee's salary
          effective September 1, 2002 is equal to $300,000 per annum payable on
          such basis as is the normal payment pattern of the Company, not to be
          less frequently than monthly.

Subject to the foregoing, the Employment Agreement remains in full force and
effect, and the Company and Employee hereby ratify and affirm the Employment
Agreement in each and every respect.

     IN WITNESS WHEREOF, the undersigned have executed this Fourth Amendment as
of the date first above written.

"COMPANY"                                   "EMPLOYMENT"
Kennedy-Wilson Inc.
a Deleware Corporation

By: /s/ William J. McMorrow                 /s/ Freeman A. Lyle, Jr.
    ---------------------------------       --------------------------------
William J. McMorrow                         Freeman A. Lyle, Jr.
Its Chief Executive Officer
Searched for **https://www.cbo.gov/**

 

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*Note:* This calendar view maps the number of captures of **https://www.cbo.gov/**, *not* how many times the site was actually updated.

Look Up URL in general Internet Archive web collection.
EXHIBIT 10.2

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Ernesto Bertarelli, the Vice Chairman of the Board, Managing
Director and Chief Executive Officer of Serono S.A. (the "Company"), has
executed this certification in connection with the filing with the Securities
and Exchange Commission of the Company's Annual Report on Form 20-F for the
Fiscal Year ended December 31, 2002 (the "Report").  The undersigned hereby
certifies that:

     (1)  the Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934, as amended; and

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


                                   /s/ Ernesto Bertarelli
                                   ---------------------------------------------
                                   Ernesto Bertarelli
                                   Vice-Chairman of the Board,
                                   Managing Director and Chief Executive Officer
Date: April 17, 2003

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


<PAGE>
Exhibit 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement No. 33-95704, No. 33-79960, and
No. 333-41639 of Department 56, Inc. and subsidiaries on Form S-8 of our report dated February 19, 2003 (March 17, 2003 as to Note 4)
(which report expresses an unqualified opinion and includes an explanatory paragraph relating to the Company's change in its method of accounting for goodwill and other intangible assets to conform to
Statement of Financial Accounting Standards No. 142), appearing in this Annual Report on Form 10-K of Department 56, Inc. and subsidiaries for the year ended
December 28, 2002.

Deloitte &
Touche LLP
Minneapolis, Minnesota
March 17, 2003

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QuickLinks
# L_2008263EN.01S00301.xml

| 2.10.2008 | EN | Official Journal of the European Union | L 263/s3 |
| --- | --- | --- | --- |

2.10.2008

EN

Official Journal of the European Union

L 263/s3

---

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

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§ 25.1182 Nacelle areas behind firewalls, and engine pod attaching structures containing flammable fluid lines. ( a ) Each nacelle area immediately behind the firewall, and each portion of any engine pod attaching structure containing flammable fluid lines, must meet each requirement of §§ 25.1103(b), 25.1165 (d) and (e), 25.1183, 25.1185(c), 25.1187, 25.1189, and 25.1195 through 25.1203, including those concerning designated fire zones. However, engine pod attaching structures need not contain fire detection or extinguishing means.
( b ) For each area covered by paragraph (a) of this section that contains a retractable landing gear, compliance with that paragraph need only be shown with the landing gear retracted.
[Amdt. 25-11, 32 FR 6913, May 5, 1967]