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

Case 9:22-cv-81082-DMM Document 1-2 Entered on FLSD Docket 07/25/2022 Page 1 of 19 Case 9:22-cv-81082-XXXX Document 1 Entered on FLSD Docket 07/25/2022 Page 9 of 27
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* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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. 97-50963 (Summary Calendar)

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALBERT PENA CASAS, also known as Albert Simon Casarez,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas

(USDC No. 97-CR-1-1)

- - - - - - - - - - May 13, 1998 Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Al bert Pena Casas appeals his conviction and sentence for

being a felon in possession of a firearm in violation of 18 U.S.C.

§ 922(g)(1). Casas contends that (1) the district court erred in

refusing to grant him a three-level downward adjustment in his base

offense level for acceptance of responsibility; (2) the district

court denied him allocution at the sentencing hearing; and (3) his

counsel rendered ineffective assistance in informing him that his2

sentence would run concurrent l y with his state-court criminal

sentence.

Casas waived the right to challenge his sentence in his plea

agreement. U nited States v. Melancon

, 972 F.2d 566, 567 (5th Cir.

1992). Casas was not denied his right of allocution. S ee Fed. R.

Crim. P. 32(c)(3)(C). Casas’ ineffective-assistance-of-counsel

claim cannot be resolved on direct appeal because the claim was not

raised before the district court and no opportunity existed to

develop the record on the merits of the allegations. U nited States

v. Higdon , 832 F.2d 312, 313-14 (5th Cir. 1987).

AFFIRMED.
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.

§ 165.102 Security Zone: Walkers Point, Kennebunkport ME. ( a ) *Location.* The following area is a security zone: From point of land located on Cape Arundel at latitude 43°20.4′ North, Iongitude 070°28.0′ West; thence to a point approximately 500 yards southwest of Walkers Point located at latitude 43°20.2′ North, longitude 070°27.9′ West; thence to a point located approximately 500 yards south of Walkers Point at latitude 43°20.1′ North, longitude 070°27.6′ West; thence to a point located approximately southeast of Walkers Point at latitude 43°20.4′ North, longitude 070°27.2′ West; thence to an unnamed point of land located at 43°20.9′ North, longitude 070°27.1′ West; thence along the shoreline of Walkers Point to the beginning point. The aforementioned offshore positions are approximated by white buoys marked in orange indicating an exclusionary area.
( b ) *Regulations.* ( 1 ) In accordance with the general regulations in § 165.33 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port, Portland, Maine. Section 165.33 also contained other general requirements.
( 2 ) No person may swim upon or below the surface of the water within the boundaries of this security zone.
[CGDI 89-008, 54 FR 13883, Apr. 6, 1989]
Washington State Department of Health

Evidence-Based Falls Prevention Program Grantee

1 of 2

Goals, Strategies, and Activities

The overall purposes of this 3-year sustainability

grant are to:

• Significantly increase the number of older 

adults and older adults with disabilities at 

risk for falls who participate in evidencebased community programs to reduce 

falls and falls risks; and

• Implement innovative funding 

arrangements to support the proposed 

programs, while embedding the 

programs into an integrated, sustainable 

program network. 

The Washington State Department of Health

(DOH) and its partners will: 

• Engage older adult, adults with 

disabilities, older adults with limited 

English proficiency, rural/homebound 

older adults, and tribal elders in 

evidence-based falls prevention 

programs (EBFPPs) in three Area 

Agencies on Aging (see “Partnerships”);

• Implement a software referral system for

EBFPPs in three Area Agencies on Aging;

• Culturally translate and disseminate

EBFPPs for Tribal Elders.

Proposed Interventions

• A Matter of Balance (MOB)

• EnhanceFitness (EF)

• Otago Exercise Program (OEP)

Partnerships

To achieve the goals of the grant, DOH will 

collaborate with the following key partners:

• Area Agencies on Aging:

o Aging and Long Term Care of 

Eastern Washington (ALTCEW);

o Southeast Washington Aging and 

Long Term Care (SE WA ALTC);

o Northwest Regional Council 

(NWRC);

• Eastern WA University;

• Geriatric Special Interest Group of the

WA State Physical Therapy Association;

• Health Homes Program;

• Northwest Regional Council/Wisdom

Warriors Project;

• Wellness Place 

• Sound Generations
2 of 2

This project is supported by the Prevention and Public Health Fund 2018.

Anticipated Results

DOH and its partners propose to achieve the 

following results: 

• Engage 2,200 participants in EBFPPs

o MOB: 1,300 participants

o EF: 500 participants

o OEP: 400 participants;

• Establish 25 host sites for EF;

• Train and mobilize 104 MOB coaches and 

offer 90 MOB classes in rural 

underserved counties with elevated rates 

of falls-related hospitalization;

• Train 60 physical therapists in OEP;

• Develop and implement a wraparound 

workshop for family caregivers of 

patients receiving OEP from Home Health 

and Outpatient Physical Therapists;

• Develop implementation tools and 

materials for at least one culturally 

translated EBFPP for Tribal Elders

Contact:

Carolyn Ham

Washington State Department of Health

carolyn.ham@doh.wa.gov

For more information: 

Administration for Community Living 

U.S. Department of Health and Human Services

Washington, DC 20201

http://www.acl.gov
#### BEACON FRUIT & PRODUCE CO., Inc., et al., Plaintiffs, Appellants, v. H. HARRIS & CO., Inc., et al., Defendants, Appellees.

No. 5363.

United States Court of Appeals First Circuit.

Nov. 19, 1958.

Sigmund Timberg, Washington, D. C., with whom Lawrence R. Cohen, Boston, Mass., was on brief, for appellants.

Richard Maguire, Boston, Mass., with whom Thomas J. Carens, Robert J. Sherer, John L. Saltonstall, Jr., I. J. Silverman, Maguire, Roche & Leen and Hill, Barlow, Goodale & Adams, Boston, Mass., were on brief, for appellees.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

PER CURIAM.

This appeal involves an action for treble damages under the federal antitrust laws. We are entirely satisfied that the findings of fact by the district court were amply supported by the evidence, and that on these findings the district court had to enter the judgment it did, namely a judgment dismissing the action on the merits.

A judgment will be entered affirming the judgment of the District Court.
EXHIBIT


31.1





CERTIFICATIONS





I, George
R. Lefevre, certify that:





1. I have
reviewed this quarterly report on Form 10-QSB of MotivNation Inc. (the
"Company") for the quarterly period ended March 31, 2009.





2. Based
on my knowledge, this quarterly 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 circumstances under which such statements were
made, not misleading with respect to the period covered by the quarterly report;
and





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





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





a)
designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the Company, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which the quarterly report is being prepared;





b)
evaluated the effectiveness of the Company's disclosure controls and procedures
and presented in the quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by
the quarterly report based on such evaluation; and





c)
disclosed in the quarterly report any change in the Company's internal control
over financial reporting that occurred during the Company's most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the Company's internal control over financial reporting;





5. The
registrant’s other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the Company's
auditors and the audit committee of Company'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 Company's ability to record, process, summarize and
report financial data and have identified for the Company'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 Company's internal controls over financial
reporting.

















Dated:  May
20,
2009                                                                           By:           /s/ George R.
Lefevre


George R. Lefevre CEO
#### § 49.10-15 Final accounting by trustee.

The trustee or trustees, when payments, hereunder are terminated, shall file a final account with the said Commandant. Thereupon, the trustee or trustees will be discharged and the surety released. In event of death or disability of the trustee, the final accounting will be filed by his legal representative.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

18 U.S.C. j 371

18 U.S.C. j 1030(a)(5)(A)

18 U.S.C. j 1030(i)(1)

18 U.S.C. j 982(a)(2)(B)

UNITED STATES OF AM ERICA

VS.

ELIO YOEL M ORENO GONZM ZEA

D efendant.

/

INDICTM ENT

The Grand Jury charges that:

GENERAL ALLEGATIONS

At a1l tim es relevant to this lndictment:

ELIO YOEL M ORENO G ONZALEZ was an individual who resided in Orlando,

Florida.

2. Victim Company was a Florida cop oration with its principal place of business

located in Lakeland, Florida. Victim Company owned and operated store locations in the Southem

District of Florida and elsewhere.Store A was in Orlando, Florida. Store B w as in Lutz, Florida.

Store D was in Lantana, Florida.

offered automated teller machine (ççATM '') services to its

Store C was in M inm i, Florida.

Victim Company

custom ers to withdraw money 9om their bank accotmts. To execute a m oney withdrawal, a

custom er would insel't their bank debit card into the ATM and request funds 9om the ATM

computer. The ATM computer would then confirm the transaction with the custom er's bnnk.

Upon receiving confirmation, the ATM computer would send a comm and to its dispenser to

22-CR-20378-GAYLES/TORRES

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I

106TH CONGRESS

2D SESSION H. R. 5068

To designate the facility of the United States Postal Service located at

5927 Southwest 70th Street in Miami, Florida, as the ‘‘Marjory Williams

Scrivens Post Office’’.

IN THE HOUSE OF REPRESENTATIVES

JULY 27, 2000

Mrs. MEEK of Florida (for herself, Ms. ROS-LEHTINEN, Ms. BROWN of Florida, Mrs. FOWLER, Mr. WELDON of Florida, Mr. DIAZ-BALART, Mr.

GOSS, and Mr. SHAW) introduced the following bill; which was referred

to the Committee on Government Reform

A BILL

To designate the facility of the United States Postal Service

located at 5927 Southwest 70th Street in Miami, Florida, as the ‘‘Marjory Williams Scrivens Post Office’’.

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

3 SECTION 1. MARJORY WILLIAMS SCRIVENS POST OFFICE.

4 (a) DESIGNATION.—The facility of the United States

5 Postal Service located at 5927 Southwest 70th Street in

6 Miami, Florida, shall be known and designated as the

7 ‘‘Marjory Williams Scrivens Post Office’’.
2

•HR 5068 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United

3 States to the facility referred to in subsection (a) shall

4 be deemed to be a reference to the Marjory Williams

5 Scrivens Post Office.

Æ
Editorial Note on Part 67
Editorial Note: Nomenclature changes to part 67 appear by USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004.

§ 67.35-1 Procedure. ( a ) An application, on Coast Guard forms which will be provided by the District Commander upon request, shall be submitted for each private aid to navigation for which a permit is required to establish, operate, move, change or discontinue, except as modified in this subpart.
( b ) An application on the prescribed form shall be submitted to the District Commander for each structure to be equipped with obstruction lights and/or sound signals if the structure is to remain in place six months or more. An application may be made by letter for each structure to be so equipped if the structure is to remain in place less than six months.
( c ) One application form only shall be submitted to the District Commander to cover a group of unlighted buoys or daybeacons.
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

In connection with the Annual Report on Form 10-K/A of SUTTER HOLDING COMPANY,
INC. (the "Company") for the period ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), and
pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, I, R. Michael Collins, President and Chief Executive
Officer of the Company, hereby certify 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 result of operations of the Company.




/s/ R. Michael Collins
--------------------------------------
R. Michael Collins
President and Chief Executive Officer of
Sutter Holding Company, Inc.

April 14, 2005
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.

§ 165.758 Security Zone; San Juan, Puerto Rico. ( a ) *Regulated area.* A moving and fixed security zone is established in the following area: ( 1 ) The waters within a 200-yard radius around all cruise ships entering, departing, or anchored in the Port of San Juan, Puerto Rico beginning one mile north of the Bahia de San Juan Lighted Buoy #3, in approximate position 18°28′17.8′′ N, 066°07′36.4′′ W and continuing until the vessel passes this buoy on its departure from the port. All coordinates are North American Datum 1983.
( 2 ) The waters within a 50-yard radius around all cruise ships moored in the Port of San Juan, Puerto Rico.
( b ) *Regulations.* ( 1 ) No person or vessel may enter, transit, or remain in the security zone unless authorized by the Captain of the Port San Juan, Puerto Rico, or a designated Coast Guard commissioned, warrant, or petty officer. Those operating in the security zone with the Captain of the Port's authorization must comply with all lawful orders or directions given to them by the Captain of the Port or a designated representative.
( 2 ) Vessels encountering emergencies, which require transit through the moving security zone, should contact the Coast Guard patrol craft or Duty Officer on VHF Channel 16. In the event of an emergency, the Coast Guard patrol craft may authorize a vessel to transit through the security zone with a Coast Guard designated escort.
( 3 ) The Captain of the Port and the Duty Officer at Sector San Juan, Puerto Rico, can be contacted at telephone number 787-289-2041. The Coast Guard Patrol Commander enforcing the security zone can be contacted on VHF-FM channels 16 and 22A.
( 4 ) Coast Guard Sector San Juan will, when necessary and practicable, notify the maritime community of periods during which the security zone will be in effect by providing advance notice of scheduled arrivals and departure of cruise ships via a Marine Broadcast Notice to Mariners.
( 5 ) All persons and vessels must comply with the instructions of on-scene patrol personnel. On-scene patrol personnel include commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast Guard Auxiliary and local or state officials may be present to inform vessel operators of the requirements of this section, and other applicable laws.
( c ) *Definition.* As used in this section, *cruise ship* means a passenger vessel greater than 100 feet in length that is authorized to carry more than 150 passengers for hire, except for a ferry.
[USCG-2020-0445, 86 FR 18897, Apr. 12, 2021]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### United States Institute of Peace

# DATE/TIME:

Thursday—June 15, 2000 (4 p.m.-9:00 p.m.), Friday—June 16, 2000 (9 a.m.-6 p.m.), Saturday—June 17, 2000 (9 a.m.-12 noon).

# LOCATION:

Airlie Conference Center, Airlie, Virginia.

# STATUS:

Open Session—Portions may be closed pursuant to Subsection (c) of Section 552(b) of Title 5, United States Code, as provided in subsection 1706(h)(3) of the United States Institute of Peace Act, Public Law 98-525.

# AGENDA:

June 2000 Board Meeting; Approval of Minutes of the Ninety-Fourth Meeting (March 16, 2000) of the Board of Directors; Chairman's Report; President's Report; Review and Discussion of Individual Grants and Fellowships; Review Essay Finalists and Select Winners; Committee Reports; Discuss Research & Studies Project Reports; Review Fellowship Policies; Review Plans for Education and Training Programs; Other General Issues.

# CONTACT:

Dr. Sheryl Brown, Director, Office of Communications, Telephone: (202) 457-1700.

Dated: May 31, 2000.

Charles E. Nelson,

Vice President for Management and Finance, United States Institute of Peace.

[FR Doc. 00-14575  Filed 6-5-00; 4:59 pm]

BILLING CODE 6820-AR-M