alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10130

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LUIS ALONZO PENA,

Defendant-Appellant

Appeals from the United States District Court 

for the Northern District of Texas

USDC No. 4:08-CR-118-1

Before OWEN, ELROD, and COSTA, Circuit Judges.

PER CURIAM:*

Luis Alonzo Pena, federal prisoner # 36979-177, requests leave to 

proceed in forma pauperis (IFP) on appeal from the denial of his motion 

seeking a sentence reduction under 18 U.S.C. § 3582(c)(2) and the correction of 

a clerical error under Federal Rules of Criminal Procedure 35(a) and 36. 

Additionally, Pena asks this court to reduce his sentence.

 

* 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 12, 2016

Lyle W. Cayce

Clerk

 Case: 16-10130 Document: 00513588361 Page: 1 Date Filed: 07/12/2016
No. 16-10130

2

In the motion denied by the district court, Pena, relying on Amendment 

782 to the United States Sentencing Guidelines, sought a reduction of the 

sentences imposed following his convictions for conspiracy to possess with 

intent to distribute a controlled substance; possession with intent to distribute 

a controlled substance and aiding and abetting; and maintaining a druginvolved premises and aiding and abetting. Pena was held accountable for 

more than the quantity of marijuana that triggers the highest base offense 

level under both the version of U.S.S.G. § 2D1.1(c) in effect when he was 

sentenced and the retroactive, amended version. Accordingly, Amendment 782 

did not change his offense level or lower his guidelines range, and the district 

court did not abuse its discretion in denying him a sentence reduction under 

§ 3582(c)(2). See U.S.S.G. § 1B1.10(a)(2)(B); United States v. Evans, 587 F.3d 

667, 672 (5th Cir. 2009). Furthermore, Pena’s challenge to the denial of his 

request for correction of a clerical error under Rules 35(a) and 36 is unavailing 

because, as noted by the district court, he has never identified an error in need 

of correction and filed an untimely request under Rule 35(a).

Because Pena’s appeal lacks arguable merit and is therefore frivolous, 

his motion for leave to proceed IFP on appeal is DENIED, and his appeal is 

DISMISSED as frivolous. See Baugh v. Taylor, 117 F.3d 197, 202 n.24 (5th 

Cir. 1997); Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983); 5TH CIR. R. 42.2. 

Pena’s motion for a sentence reduction is likewise DENIED. Pena is 

CAUTIONED that any future frivolous, repetitive, or otherwise abusive filings 

will invite the imposition of sanctions, including dismissal, monetary

sanctions, and restrictions on his ability to file pleadings in this court and any 

court subject to this court’s jurisdiction.

MOTIONS DENIED; APPEAL DISMISSED; SANCTION WARNING 

ISSUED.

 Case: 16-10130 Document: 00513588361 Page: 2 Date Filed: 07/12/2016
§ 9.12 Access to 911 and E911 service capabilities. ( a ) *Access.* Subject to the other requirements of this part, an owner or controller of a capability that can be used for 911 or E911 service shall make that capability available to a requesting interconnected VoIP provider as set forth in paragraphs (a)(1) and (2) of this section. ( 1 ) If the owner or controller makes the requested capability available to a CMRS provider, the owner or controller must make that capability available to the interconnected VoIP provider. An owner or controller makes a capability available to a CMRS provider if the owner or controller offers that capability to any CMRS provider.
( 2 ) If the owner or controller does not make the requested capability available to a CMRS provider within the meaning of paragraph (a)(1) of this section, the owner or controller must make that capability available to a requesting interconnected VoIP provider only if that capability is necessary to enable the interconnected VoIP provider to provide 911 or E911 service in compliance with the Commission's rules.
( b ) *Rates, terms, and conditions.* The rates, terms, and conditions on which a capability is provided to an interconnected VoIP provider under paragraph (a) of this section shall be reasonable. For purposes of this paragraph, it is evidence that rates, terms, and conditions are reasonable if they are: ( 1 ) The same as the rates, terms, and conditions that are made available to CMRS providers, or
( 2 ) In the event such capability is not made available to CMRS providers, the same rates, terms, and conditions that are made available to any telecommunications carrier or other entity for the provision of 911 or E911 service.
( c ) *Permissible use.* An interconnected VoIP provider that obtains access to a capability pursuant to this section may use that capability only for the purpose of providing 911 or E911 service in accordance with the Commission's rules.
Exhibit 31.2

                              CERTIFICATION OF CFO

Certification  Pursuant to 18 USC, Section 1350, as Adopted Pursuant to Sections
302 and 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Rubber  Technology  International,  Inc.
(the  "Company")  on Form 10- QSB for the  quarter  ended  August 31,  2003 (the
"Report"),  as filed with the  Securities and Exchange  Commission,  on the date
hereof, I, Trevor Webb, Chief Executive  Officer of the Company,  certify to the
best of my knowledge,  pursuant to 18 USC 1350, as adopted  pursuant to '302 and
promulgated as 18 USC 1350 pursuant to '906 of the  Sarbanes-Oxley  Act of 2002,
that:

7.   The Report referenced above has been read and reviewed by the undersigned.

8.   The Report fully complies with the  requirements  of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934.

9.   The Report  referenced  above does not  contain any untrue  statement  of a
     material fact or omit to state a material fact  necessary in order to makes
     the  statements  made,  in  light of the  circumstances  under  which  such
     statements were made, not misleading.

10.  I acknowledge that the management of the Company is solely  responsible for
     the  fair  presentation  in  the  financial  statements  of  the  financial
     position, results of operations and cash flows of the Company in conformity
     with  accounting  principles  generally  accepted  in the United  States of
     America.

11.  Based upon my knowledge, the financial statements, and other such financial
     information  included  in the  report,  fairly  present,  in  all  material
     aspects,  the financial  condition and results of operations of the Company
     as of and for the quarter ended August 31, 2003.

12.  Additionally,  I  acknowledge  that the  Company's  Board of Directors  and
     Management are solely responsible for adopting sound accounting  practices,
     establishing  and  maintaining a system of internal  control and preventing
     and detecting fraud. The Company's system of internal accounting control is
     designed to assure, among other items, that

                    4)   recorded transactions are valid;
                    5)   valid transactions are recorded;
                    6)   transactions  are  recorded  in the proper  period in a
                         timely  manner to produce  financial  statements  which
                         present  fairly  the  financial  condition,  results of
                         operations  and  cash  flows  of the  Company  for  the
                         respective periods being presented.


/s/  Trevor  Webb
-------------------------
Trevor  Webb
Chief  Financial  Officer


Dated:  October 13, 2003
UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

In re: 

JOHN MACROS

Debtor(s)

Case No. 16-26349

CHAPTER 13 STANDING TRUSTEE’S FINAL REPORT AND ACCOUNT

Tom Vaughn, chapter 13 trustee, submits the following Final Report and Account of the 

administration of the estate pursuant to 11 U.S.C. § 1302(b)(1). The trustee declares as follows:

1) The case was filed on 08/17/2016.

2) The plan was confirmed on NA .

3) The plan was modified by order after confirmation pursuant to 11 U.S.C. § 1329 on

NA .

4) The trustee filed action to remedy default by the debtor in performance under the plan 

on NA .

5) The case was dismissed on 09/15/2016.

6) Number of months from filing to last payment: 0.

7) Number of months case was pending: 2.

8) Total value of assets abandoned by court order: NA .

9) Total value of assets exempted: NA .

10) Amount of unsecured claims discharged without payment: $0.00.

11) All checks distributed by the trustee relating to this case have cleared the bank.

UST Form 101-13-FR-S (09/01/2009)

Case 16-26349 Doc 18 Filed 10/17/16 Entered 10/17/16 15:32:32 Desc Main

 Document Page 1 of 3
Receipts:

Total paid by or on behalf of the debtor $0.00

Less amount refunded to debtor $0.00

NET RECEIPTS: $0.00

Expenses of Administration:

Attorney’s Fees Paid Through the Plan $0.00

Court Costs $0.00

Trustee Expenses & Compensation $0.00

Other $0.00

TOTAL EXPENSES OF ADMINISTRATION: $0.00

Attorney fees paid and disclosed by debtor: $0.00

Scheduled Creditors:

Creditor

Name Class

Claim

Scheduled

Claim

Asserted

Claim

Allowed

Int.

Paid

Principal

Paid

Summary of Disbursements to Creditors:

Secured Payments:

Mortgage Ongoing

Mortgage Arrearage

Debt Secured by Vehicle

All Other Secured

TOTAL SECURED:

Priority Unsecured Payments:

Domestic Support Arrearage

Domestic Support Ongoing

All Other Priority

TOTAL PRIORITY:

GENERAL UNSECURED PAYMENTS:

Claim

Allowed

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Principal

Paid

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Interest

Paid

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

UST Form 101-13-FR-S (09/01/2009)

Case 16-26349 Doc 18 Filed 10/17/16 Entered 10/17/16 15:32:32 Desc Main

 Document Page 2 of 3
Disbursements:

Expenses of Administration $0.00

Disbursements to Creditors $0.00

TOTAL DISBURSEMENTS : $0.00

12) The trustee certifies that, pursuant to Federal Rule of Bankruptcy Procedure 5009, 

the estate has been fully administered, the foregoing summary is true and complete, and all 

administrative matters for which the trustee is responsible have been completed. The trustee 

requests a final decree be entered that discharges the trustee and grants such other relief as may 

be just and proper.

Dated: 10/17/2016

STATEMENT: This Unified Form is associated with an open bankruptcy case, therefore, Paperwork Reduction 

Act exemption 5 C.F.R. § 1320.4(a)(2) applies.

By:/s/ Tom Vaughn

Trustee

UST Form 101-13-FR-S (09/01/2009)

Case 16-26349 Doc 18 Filed 10/17/16 Entered 10/17/16 15:32:32 Desc Main

 Document Page 3 of 3
Exhibit 21

Subsidiaries of Del Monte Foods Company

Del Monte Corporation is a wholly-owned subsidiary of Del Monte Foods Company. In some
jurisdictions, Del Monte Corporation does business as Del Monte Foods. The entities listed below are direct or indirect wholly-owned subsidiaries of Del Monte Corporation.



|                                                    |  |                             
|--------------------------------------------------- |  | ----------------------------
|Subsidiaries                                        |  | Jurisdiction ofIncorporation
|Del Monte Argentina S.A.                            |  | Argentina                   
|Hi Continental Corporation                          |  | California                  
|College Inn Foods                                   |  | California                  
|DLM Foods Canada Corp.                              |  | Canada                      
|Del Monte Colombiana S.A.                           |  | Colombia                    
|Contadina Foods, Inc.                               |  | Delaware                    
|The Meow Mix Company, LLC                           |  | Delaware                    
|Meow Mix Decatur Production I LLC                   |  | Delaware                    
|S&W Fine Foods, Inc.                                |  | Delaware                    
|Del Monte Ecuador DME C.A.                          |  | Ecuador                     
|Del Monte Peru S.A.C.                               |  | Peru                        
|Del Monte Andina C.A.                               |  | Venezuela                   
|Industrias Citrícolas de Montemorelos, S.A. de C.V. |  | Mexico
exv10w8



 





Exhibit 10.8




ALDABRA 2 ACQUISITION CORP.




                        , 2007




Terrapin Partners LLC

540 Madison Avenue

17th Floor

New York, New York 10022




Gentlemen:




     This letter will confirm our agreement that, commencing on the effective date (“Effective
Date”) of the registration statement for the initial public offering (“IPO”) of the securities of
Aldabra 2 Acquisition Corp. (“Company”) and continuing until the consummation by the Company of a
“Business Combination” (as described in the Company’s IPO prospectus) or its liquidation, Terrapin
Partners LLC shall make available to the Company certain administrative, technology and secretarial
services, as well as the use of certain limited office space, including a conference room in New
York City, as may be required by the Company from time to time, situated at 540 Madison Avenue,
17th Floor, New York, New York 10022 (or any successor location). In exchange therefor,
the Company shall pay Terrapin Partners LLC the sum of $7,500 per month on the Effective Date and
continuing monthly thereafter.



	 	 	 	 	 
	 	Very truly yours,







ALDABRA 2 ACQUISITION CORP.

 	 
	 	 	 
	 	 	 
	 	 	 
	 
	 	 	 
	 	By:  	
 	 
	 	 	Name:  	Nathan Leight 	 
	 	 	Title:  	Chairman 	 
	 



AGREED TO AND ACCEPTED BY:




TERRAPIN PARTNERS LLC




	 	 	 	 	 
	By:

	 	 	 	 
	 

	 	 
 Name:
Jason Weiss	 	 
	 

	 	Title: Manager
* 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. 98-11492 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CESAR JAVIER SOLIZ, also known as El Artista, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:97-CR-409-P-17

-------------------- September 13, 1999 Before SMITH, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM: * The Federal Public Defender, court-appointed counsel for Cesar Soliz, has filed a motion to withdraw and a brief as required by Anders v. California , 386 U.S. 738 (1967). Soliz has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue. Accordingly, counsel is excused from further responsibilities herein, and the appeal is dismissed. MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED.
#### John Flowers and Fred Andrews, *Plaintiffs in Error,*vs. State of Florida, *Defendant in Error.*

143 So. 612.

Division A.

Opinion filed September 17, 1932.

*Will 0. Murrell,*for Plaintiffs in Error;

*Cary D. Landis,*Attorney General, and *Roy Campbell,*Assistant, for the State.

Buford, C.J.

In this ease the plaintiffs in error, defendants in the court below, were convicted of the larceny of an automobile. The automobile was found in the. possession of Flowers. One Clyde Jones was indicted with these defendants. Clyde J ones testified that he stole the automobile himself and later invited Flowers and Andrews to go with him to Kentucky to look for work; that he told them the automobile belonged to his brother. They went to Kentucky, found no work and returning were arrested in Way cross, Georgia. When the police in Way cross first got in contact with the automobile Flowers was driving it. He took the police to a place where they found Jones and Andrews. The State relies upon the circumstance that the, three defendants, Jones, Flowers and Andrews, left Jacksonville together with a stolen automobile and w;ere later found in possession of the same automobile in Wayeross, Georgia, to convict Flowers and Andrews.

For some reason not explained in the record, the case was nol prossed as to Jones, although he testified pos*687itively that he stole the automobile from the place where the owner had left it and that after driving it around to several different places in Jacksonville to attend to his private affairs, the nature of which he declined to divulge, he found the other two men at a dance hall and invited them to go with him on the trip. Both Flowers and Andrews corroborated this statement and there was no evidence that they ever exercised an act of possession or control over the automobile which was inconsistent with the truth of this statement.

This is not a case where conflicting evidence is reviewed, but it is a case in which we are called upon to determine whether or not such evidence as w'as adduced was sufficient to constitute the basis of the judgment of conviction against the defendants.

The explanation of the defendants Flowers and Andréws is entirely plausible and reasonable and consistent with the innocence of each of them so far as the act of larceny is concerned. The uncontradieted evidence is that neither Andrews nor Flowers was present when the automobile was stolen and that they had nothing to do with the act of initial asportation.

It is the province of a jury to reconcile conflicting evidence but where there is no conflict in the evidence a jury is not authorized to disregard the direct and positive evidence which shows that the defendants are not guilty of the offense charged.

The judgment should be reversed and it is so ordered.

Eeversed.

Ellis and Brown, J.J., concur.

Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
No. 11-5899.

#### Guitterez-Gonzalez *v.*United States.

C. A. 11th Cir. Certiorari denied.
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                                                                                                                                                                                                                                                                                                                                                                                                                CatalogMatches: 1Offline form Recent Popular Online Print OtherCOPS-P247A Performance-Based Approach to Police Staffing AllocationA Performance-Based Approach to Police Staffing and Allocation summarizes the research conducted by the Michigan State University team. It highlights the current staffing allocation landscape for law enforcement agencies and provides a practical step-by-step approach for any agency to assess its own patrol staffing needs based upon its workload and performance objectives. Additionally, it identifies some ways beyond the use of sworn staff that workload demand can be managed, and discusses how an agency's approach to community policing implementation can affect staffing allocation and deployment. This guidebook will be particularly useful for police practitioners and planners conducting an assessment of their agency's staffing need, and for researchers interested in police staffing experiences and assessment methods. A companion document, entitled Essentials for Leaders, which offers an overview of the issues discussed here, may be of particular interest to police executives and policymakers.By Jeremy M. Wilson, Alexander WeissCategories: Hiring, Recruitment, and RetentionLanguage: EnglishPublic linkhttps://portal.cops.usdoj.gov/resourcecenter?item=cops-p247Click here to see the entire catalog.Cart:Download PDFBook • Aug 2012Search catalogreset title abstract authors contentContaining text: exact phraseNot containing text: exact phraseLanguage:anyEnglishSpanishHmongVietnameseCategory:anyAlternatives to IncarcerationCommunity PartnershipsData and AnalysisEthics and IntegrityFoundations of Community PolicingHiring, Recruitment, and RetentionHomeland SecurityNew Immigrant CommunitiesNonviolent CrimeOtherPolice OperationsPOP Center ResourceSchool and Campus SafetyTechnologyTribalViolent CrimeYouth SafetyPublished after:Published before:Page1

                    

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