alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-14055-CR-CANNON

 

UNITED STATES OF AMERICA,

Plaintiff,

vs.

KWAME HOLMES, 

Defendant.

___________________________________:

DEFENDANT=S OBJECTION TO PRESENTENCE

INVESTIGATION REPORT

Defendant, Kwame Holmes, through undersigned counsel, submits the 

following objection to the presentence investigation report. Specifically, 

Defendant states:

As to paragraph 5, Defendant was discharged from Plant A Seed Ministries. 

However, the manager/director of the organization, Pete Byrd, testified at 

the bond revocation hearing that he observed Defendant and an 

unauthorized visitor sitting in a vehicle in the parking lot on the premises. 

Mr. Byrd testified that he did not observe any sexual activity. The 

unauthorized visitor, Erica Dennison, testified that she and Defendant were 

drinking smoothies and there was no sexual activity. At the conclusion of 

Case 2:22-cr-14055-AMC Document 38 Entered on FLSD Docket 01/20/2023 Page 1 of 2
2

the violation hearing, the Court reinstated Defendant’s bond with the 

condition that he reside at Sunset Inn. . 

Respectfully submitted,

MICHAEL CARUSO 

FEDERAL PUBLIC DEFENDER

s/ Peter Birch 

Peter Birch 

Assistant Federal Public Defender

Attorney for the Defendant

Florida Bar No. 304281

450 South Australian Ave., Suite 500

West Palm Beach, FL 33401

TEL: (561) 833-6288

Peter_Birch@FD.org

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on January 20, 2023, I electronically filed the 

foregoing document with the Clerk of the Court using CM/ECF. I also certify that 

the foregoing document is being served this day on all counsel of record via

transmission of Notices of Electronic Filing generated by CM/ECF or in some 

other authorized manner for those counsel or parties who are not authorized to 

receive electronically Notices of Electronic Filing.

s/Peter Birch 

Peter Birch

Case 2:22-cr-14055-AMC Document 38 Entered on FLSD Docket 01/20/2023 Page 2 of 2
#### Phœnix Duster & Manufacturing Company *v.*Allen-Holmes Company.

Submitted July 18, 1906.

Decided February 14, 1907.

Assumpsit. Before Judge Humphreys. City court of Moultrie. January 24, 1906.

*T. PL. Parker,*for plaintiff.

Atkinson, J.

The judgment complained of is the first grant of a new trial; and as it does not appear that the law and the facts demanded the verdict, the judgment will not be reversed.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*
<PAGE>



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


I,  John  E.  Cooper,  certify,  pursuant  to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley Act of 2002, that the Annual
Report  on  Form  10-KSB  of Sedona Software Solutions, Inc. for the fiscal year
ended  June  30,  2002  fully complies with the requirements of Section 13(a) or
15(d)  of the Securities Exchange Act of 1934 and that the information contained
in the Annual Report on Form 10-KSB fairly presents in all material respects the
financial condition and results of operations of Sedona Software Solutions, Inc


                            By:     /s/ John  E.  Cooper
                                    ---------------------
                            Name:   John  E.  Cooper

                            Title:  Chief Executive Officer, President
                                    Chief Financial Officer

                            Date:   September  30,  2002
Editorial Note on Part 165
Editorial Note: Nomenclature changes to part 165 appear by USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007 and by USCG-2018-1049, 84 FR 7813, Mar. 5, 2019.

§ 165.1702 Gastineau Channel, Juneau, Alaska—safety zone. ( a ) The waters within the following boundaries are a safety zone: A line beginning at position 58°17.8′ N., 134°24.9′ W., in the direction of 140° True to Rock Dump Lighted Buoy 2A (LLNR 23685) at position 58°17.1′ N., 134°23.8′ W.; thence in the direction of 003° true to a point at position 58°17.4′ N., 134°23. 8′ W., on the north shore of Gastineau Channel; thence northwesterly along the north shore of Gastineau Channel to the point of origin.
( b ) Special Regulations: ( 1 ) All vessels may transit or navigate within the safety zone.
( 2 ) No vessels, other than a large passenger vessel (including cruise ships and ferries) may anchor within the Safety zone without the express consent from the Captain of the Port, Southeast Alaska.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 79-026, 48 FR 35408, Aug. 4, 1983; USCG-2015-0433, 80 FR 44287, July 27, 2015]
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________
No. 96-60678 Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JIMMY V. WILLIAMS,

Defendant-Appellant.

________________________________________________________________ Appeal from the United States District Court for the

Southern District of Mississippi USDC No. 2:95-CV-351-PS

_________________________________________________________________ April 30, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM: *

Jimmy V. Williams, a federal prisoner (# 03225-043,) appeals

from the district court’s denial of his 28 U.S.C. § 2255 motion to

vacate his sentence for using and carrying a firearm during a drug

trafficking offense.

Williams argues that his 18 U.S.C. § 924(c)(1) firearm

conviction was invalidated by the Supreme Court’s decision in

Bailey v. United States , 516 U.S. 137 (1995). We have reviewed the-2-

record and the district court’s opinion and find no reversible

error. Because Williams conceded at his guilty plea proceeding

that he had a handgun in his waistband while conducting a sale of

crack cocaine in a pickup truck, the evidence shows that Williams

knowingly “carried” a firearm during and in connection to a drug

trafficking offense. S ee United States v. Still
, 102 F.3d 118, 124

(5th Cir. 1996), cert. denied , 118 S.Ct. 43 (1997). This conduct

was sufficient to support his § 924(c)(1) conviction. See id.

A F F I R M E D.
Exhibit






Exhibit 10.1
BioMarin Pharmaceutical Inc.
Summary of Independent Director Compensation
Effective as of September 19, 2019, the Board of Directors (the “Board”) of BioMarin Pharmaceutical Inc. (the “Company”) approved revised compensation for the independent directors of the Company. All independent directors are entitled to receive a combination of annual cash retainers and restricted stock unit (“RSU”) grants as summarized below as compensation for their service on the Company’s Board and Board committees. 
Cash Compensation
The following table is a summary of the annual cash compensation payable to independent directors. Each applicable line item is an additional element of compensation.
	
					
	Director Position
	Annual Cash 
Compensation
	 

	All Independent Directors
	 
	$
	65,000
	 

	Additional Elements of Compensation:
	 
	 
	 
	 

	Independent Chair of the Board (if applicable)
	 
	$
	65,000
	 

	Lead Independent Director (if applicable)
	 
	$
	65,000
	 

	Audit Committee Member
	 
	$
	13,500
	 

	Audit Committee Chair (premium in addition to committee membership retainer)
	 
	$
	13,000
	 

	Compensation Committee Member
	 
	$
	10,000
	 

	Compensation Committee Chair (premium in addition to committee membership retainer)
	 
	$
	10,000
	 

	Corporate Governance and Nominating Committee Member
	 
	$
	8,750
	 

	Corporate Governance and Nominating Committee Chair (premium in addition to committee membership retainer)
	 
	$
	10,000
	 

	Science and Technology Committee Member
	 
	$
	10,000
	 

	Science and Technology Committee Chair (premium in addition to committee membership retainer)
	 
	$
	10,000
	 




Equity Compensation
Annual Award
On the date of our annual meeting of stockholders for a given year, each reelected director receives an RSU grant valued at $400,000, based on the Black-Scholes model valuation using a three-month trailing average closing price of our common stock. The shares of common stock subject to the Annual Award vest in full on the one-year anniversary of the grant date, subject to each respective director providing service to the Company through such vesting date. 
New Independent Directors 
Upon election or appointment, a new independent director will receive an RSU grant on the same terms as the Annual Award, pro-rated for amount and vesting to the nearest quarter for the time such new director will serve prior to the Company’s next Annual Meeting of Stockholders.
III 

110TH CONGRESS 

2D SESSION S. RES. 623 

Recognizing the importance of the role of the Lander Trail in the settlement 

of the American West on the 150th anniversary of the Lander Trail. 

IN THE SENATE OF THE UNITED STATES 

JULY 24 (legislative day, JULY 23), 2008 

Mr. ENZI (for himself and Mr. BARRASSO) submitted the following resolution; 

which was referred to the Committee on the Judiciary 

SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 

Committee discharged; considered and agreed to 

RESOLUTION 

Recognizing the importance of the role of the Lander Trail 

in the settlement of the American West on the 150th 

anniversary of the Lander Trail. 

Whereas Frederick W. Lander first surveyed and supervised 

construction of the Lander Trail in 1858 to provide emigrants with a travelable link between the Oregon and 

California Trails; 

Whereas 13,000 emigrants traveled on the Lander Trail during the settlement of the Western United States; 

Whereas the Lander Trail was the first Federal road west of 

the Mississippi River; 


bajohnson on PROD1PC77 with BILLS
2 

SRES 623 ATS 

Whereas travelers in the American West used the Lander 

Trail for 54 years until 1912; and 

Whereas people can still experience the Lander Trail in the 

same setting that Frederick W. Lander first began construction in 1858: Now, therefore, be it 

1 Resolved, That the Senate honors the important role 

2 of the Lander Trail in the settlement of the Western 

3 United States on the sesquicentennial anniversary of the 

4 Lander Trail. 

Æ 


bajohnson on PROD1PC77 with BILLS
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MISC. NO.:

SECURITIES AND EXCHANGE COMMISSION,

Applicant,

v.

EMPIREX CAPITAL LLC,

AKC MANAGEMENT LLC,

RAFAEL ALBERTO VARGAS

GONZALEZ, a/k/a RAFAEL VARGAS,

and

PAOLA A. VARGAS,

Respondents.

_____________________________________________/

INDEX TO EXHIBITS AND ATTACHMENTS TO SECURITIES AND EXCHANGE 

COMMISSION’S APPLICATION FOR AN ORDER TO SHOW CAUSE AND FOR AN 

ORDER REQUIRING COMPLIANCE WITH ADMINISTRATIVE SUBPOENAS

EXHIBIT/

ATTACHMENT

DESCRIPTION

 1 Declaration of Shelly-Ann A. Springer-Charles, SEC Senior 

Counsel

A 03.24.2021 Formal Order of Investigation

B 01.26.2022 and 08.29.2022 Supplemental Formal Orders of 

Investigation

C 04.20.2021 Subpoena to Empirex Capital LLC (“Empirex”)

D 04.20.2021 Subpoena to Rafael Vargas (“R. Vargas”)

E 01.19.2022 Email to counsel and subpoena to R. Vargas c/o 

counsel

Case 1:22-mc-22752-DPG Document 1-2 Entered on FLSD Docket 08/30/2022 Page 1 of 2
2

EXHIBIT/

ATTACHMENT

DESCRIPTION

F 06.16.2022 email to counsel attaching Second Subpoenas to 

Empirex and R. Vargas

G 06.22.2022 email to counsel re Empirex and R. Vargas’ 

request extension of deadline to respond to subpoenas

H 07.22.0222 email from counsel re status of subpoena 

responses

I 07.28.2022 email and letter to counsel re status of subpoena 

responses

J 08.01.2022 email and letter with attachments from counsel

K 04.11.2022 Subpoena to AKC Management LLC (“AKC”)

L 04.26.2022 email with attached letter confirming legal 

representation of AKC and Paola Vargas (“P. Vargas”)

M 04.27.2022 email to counsel re legal representation of AKC 

and P. Vargas and extension of time for document 

production by AKC

N 04.29.2022 email to counsel re AKC and P. Vargas’ extension 

requests for production of documents

O 05.10.2022 email to counsel attaching 05.10.2022 subpoena 

to P. Vargas

P 05.16.22, 05.17.22 and 05.18.22 emails re AKC and P. Vargas

Q 05.17.22 text message screen shot from counsel

R 05.31.2022 email and attachment to counsel

S 06.01.2022 email to counsel re P. Vargas’ testimony

T 06.01.2022 email from counsel’s paralegal re P. Vargas’ 

subpoena for testimony

U 06.02.2022 email to paralegal and counsel re P. Vargas’ 

subpoena for testimony

V 06.02.2022 email with attachments (1) AKC’s objections to 

subpoena and (2) P. Vargas’ Objections to Subpoena

W 07.13.2022 email and preservation letter with attached 

04.11.2022 subpoena to AKC

 2 Declaration of Crystal Ivory, SEC Senior Staff Accountant

Case 1:22-mc-22752-DPG Document 1-2 Entered on FLSD Docket 08/30/2022 Page 2 of 2
##### 



Exhibit 32(a) 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 of Abrams Industries, Inc. (the Company) on Form 10-Q for
the period ending January 31, 2005, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Alan R. Abrams, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 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 results of operations of the Company. Date: March 17, 2005
    
    /s/ Alan R. AbramsAlan R. AbramsChief Executive Officer
§ 105.525 Terminal screening operations. ( a ) *Passengers and personal effects.* ( 1 ) Each cruise ship terminal must have at least one location to screen passengers and carry-on items prior to allowing such passengers and carry-on items into secure areas of the terminal designated for screened persons and carry-on items.
( 2 ) Screening locations must be adequately staffed and equipped to conduct screening operations in accordance with the approved TSP.
( 3 ) Facility personnel must check personal identification prior to allowing a person to proceed to a screening location, in accordance with § 105.290(b), which sets forth additional requirements for cruise ship terminals at all MARSEC levels.
( 4 ) All screened passengers and their carry-on items must remain in secure areas of the terminal designated for screened persons and personal effects until boarding the cruise ship. Persons who leave a secure area must be re-screened.
( b ) *Persons other than passengers.* Crew members, visitors, vendors, and other persons who are not passengers, and their personal effects, must be screened either at screening locations where passengers are screened or at another location that is adequately staffed and equipped in accordance with this subpart and is specifically designated in an approved TSP.
( c ) *Checked baggage.* ( 1 ) A cruise ship terminal that accepts baggage must have at least one location designated for the screening of checked baggage.
( 2 ) Screening personnel may only accept baggage from a person with— ( i ) A valid passenger ticket;
( ii ) Joining instructions;
( iii ) Work orders; or
( iv ) Authorization from the terminal or vessel owner or operator to handle baggage;
( 3 ) Screening personnel may only accept baggage in an area designated in an approved TSP and manned by terminal screening personnel; and
( 4 ) Screening or security personnel must constantly control the checked baggage, in a secure area, from the time it is accepted at the terminal until it is onboard the cruise ship.
( d ) *Unaccompanied baggage.* ( 1 ) Facility personnel may accept unaccompanied baggage, as defined in § 101.105 of this subchapter, only if the Vessel Security Officer (VSO) provides prior written approval for the unaccompanied baggage.
( 2 ) If facility personnel accept unaccompanied baggage at a cruise ship terminal, they must handle such baggage in accordance with paragraph (c) of this section.
§ 173.33 Removal of number. The person whose name appears on a certificate of number as the owner of a vessel shall remove the number and validation sticker from the vessel when: ( a ) The vessel is documented by the Coast Guard;
( b ) The certificate of number is invalid under paragraph (c) of § 173.77; or
( c ) The vessel is no longer principally operated in the State where the certificate was issued.
[CGD 72-54R, 37 FR 21399, Oct. 7, 1972, as amended by USCG-2003-14963, 77 FR 18700, Mar. 28, 2012]
EXHIBIT 32.1



                                  CERTIFICATION

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

        (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,

                               UNITED STATES CODE)



Pursuant to section 906 of the  Sarbanes-Oxley  Act of 2002 (subsections (a) and
(b)  of  section  1350,  chapter  63 of  Title  18,  United  States  Code),  the
undersigned  officers  of Patron  Systems,  Inc.,  a Delaware  corporation  (the
"Company"),  do hereby  certify  with  respect  to the  Quarterly  Report of the
Company on Form 10-QSB for the fiscal quarter ended March 31, 2005 as filed with
the Securities and Exchange Commission (the "10-QSB Report") that:

1.       the 10-QSB 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 10-QSB Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.



Date: August 22, 2005              /S/ ROBERT CROSS
                                   ---------------------------------------------

                                   Robert Cross

                                   Chief Executive Officer
                                   & Acting Chief Financial Officer
§ 179.03 Definitions. *Associated equipment* as used in this part, means the following equipment as shipped, transferred, or sold from the place of manufacture and includes all attached parts and accessories: ( 1 ) An inboard engine.
( 2 ) An outboard engine.
( 3 ) A stern drive unit.
( 4 ) An inflatable personal flotation device approved under 46 CFR 160.076.
*Boat* means any vessel— ( 1 ) Manufactured or used primarily for noncommercial use;
( 2 ) Leased, rented, or chartered to another for the latter's noncommercial use; or
( 3 ) Operated as an uninspected passenger vessel subject to the requirements of 46 CFR chapter I, subchapter C.
*Manufacturer* means any person engaged in— ( 1 ) The manufacture, construction, or assembly of boats or associated equipment;
( 2 ) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; or
( 3 ) The importation into the United States for sale of boats, associated equipment, or components thereof.
[CGD 93-055, 61 FR 13926, Mar. 28, 1996, as amended by USCG-1999-5832, 64 FR 34716, June 29, 1999; USCG-1999-5040, 67 FR 34760, May 15, 2002]
§ 183.460 Overcurrent protection: Special applications. ( a ) Each ungrounded output conductor from a storage battery must have a manually reset, trip-free circuit breaker or fuse, unless the output conductor is in the main power feed circuit from the battery to an engine cranking motor. The circuit breaker or fuse must be within 72 inches of the battery measured along the conductor, unless, for boats built prior to August 1, 1985, the circuit has a switch that disconnects the battery.
( b ) Each ungrounded output conductor from an alternator or generator, except for self-limiting alternators or generators, must have a circuit breaker or fuse that has a current rating that does not exceed 120 percent of the maximum rated current of the alternator or generator at 60 °C.
[CGD 73-217, 42 FR 5944, Jan. 31, 1977, as amended by CGD 81-092, 48 FR 55736, Dec. 15, 1983]
Exhibit 99(e)1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350


In connection with the accompanying Quarterly Report on Form 10-Q of Mississippi
Power Company for the quarter ended March 31, 2003, I, Michael D. Garrett,
President and Chief Executive Officer, hereby certify pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     (1)  such Quarterly Report on Form 10-Q of Mississippi Power Company for
          the quarter ended March 31, 2003, which this statement accompanies,
          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 such Quarterly Report on Form 10-Q of
          Mississippi Power Company for the quarter ended March 31, 2003, fairly
          presents, in all material respects, the financial condition and
          results of operations of Mississippi Power Company.


                                             /s/Michael D. Garrett
                                              Michael D. Garrett
                                     President and Chief Executive Officer

Date:  May 13, 2003


A signed original of this written statement required by Section 906 has been
provided to Mississippi Power Company and will be retained by Mississippi Power
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
§ 207.560 Sandusky Harbor, Ohio; use, administration, and navigation. ( a ) - ( c ) [Reserved]
( d ) No vessel shall moor or anchor to any structure of the United States without the consent of the District Engineer, U.S. Army, in charge of the locality, or his authorized agent.
( e ) No vessel shall moor or anchor in or along any improved channel or basin in such manner as to interfere with improvement or maintenance operations therein. Whenever in the opinion of the District Engineer any vessel is so moored or anchored, the owner thereof shall cause said vessel to be moved upon notification from and within the time specified by said District Engineer.
[Regs., May 6, 1938, as amended at 25 FR 8908, Sept. 16, 1960; 42 FR 57962, Nov. 7, 1977]
#### Heibert *v.*Enns *et al.*

Submitted July 18, 1906.

Decided January 17, 1907.

Petition for injunction. Before' Judge Littlejohn. Crisp superior court. June 2, 1906.

*Walter F. Hall*and *Max F. Land,*for plaintiff.

*Hill & Boyal,*for defendants.

Evans, J.

Three tenants in common'agreed, upon an oral partition of land. A dispute subsequently arose between two of them as to which was entitled to a small piece of the land under the partition agreement. In. a suit to compel specific performance of the oral partition, and for injunction against interference with the plaintiff’s possession of the contested land, on the interlocutory hearing for injunction, where the evidence was conflicting on the substantial issues, the judge 'did not abuse his discretion in refusing to grant the injunction prayed for.

*Judgment affirmed.*

*All the Justices concur, except Fish, O. J., absent.*