alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|Exhibit 10.7(a)
|---------------

AMENDMENT NO. 1 TO THE

AMENDED AND RESTATED SAN JOAQUIN BANCORP/HILL

EXECUTIVE SALARY COTINUATION AGREEMENT

WHEREAS, San Joaquin Bancorp, formerly San Joaquin Bank, (the Employer) and Bart Hill (the Executive) entered into an Amended and
Restated Executive Salary Continuation Agreement, most recently amended and restated on June 18, 2004, (the Agreement);

WHEREAS, the Agreement provides (in Section 10.10) that the Agreement may be amended in a writing signed by each party to the Agreement; and

WHEREAS, the parties desire to amend the Agreement to provide that payments to the Executive will begin on the earlier of the date the Executive attains age 65
or the date the Executive retires.

NOW, THEREFORE, the Agreement is hereby amended effective as of December 31, 2006 as follows:

1. Section 3.1 (Payments) is replaced in its entirety with the following:

Payments Upon Retirement Date.If the Executive shall remain in the continuous employment of the Employer until his Retirement Date, regardless whether the Executive continues to work past his Retirement Date, the Annual
Benefit, as defined above, shall be paid in the form of a Joint and Survivor Annuity. Each year the Annual Benefit will be paid in twelve (12) equal monthly payments on the first day of each month during the year, beginning with the month following
the Retirement Date, regardless whether the Executive continues to work past his Retirement Date.

2. A new Section 10.13 (Code Section 409A) is added as follows:

Code Section 409A.This Agreement is intended to conform to the provisions of Code Section 409A and each provision of the Agreement shall be interpreted and administered accordingly. In the event that any provision that is necessary for the
Agreement to comply with Section 409A is determined by the Committee to have been omitted, such omitted provision shall be deemed included in the Agreement and is hereby incorporation as part of the Agreement.



|Signature page to follow
|------------------------

---

IN WITNESS WHEREOF, the Employer and the Executive have executed this Agreement on December 19, 2006 in the City of Bakersfield, California.



|EMPLOYER:
|---------



|SAN JOAQUIN BANCORP
|-------------------



|By: /S/ Bruce Maclin_______________
Bruce Maclin, Chairman & CEO | 
|---------------------------------------------------------------- | 



|By: /S/ Stephen M. Annis___________Stephen M. Annis, CFO Cashier
|----------------------------------------------------------------



|EXECUTIVE:
|----------

/S/ Bart Hill

Bart Hill



|
|



|
|

- 2 -

---
Editorial Note on Part 7
Editorial Note: The Alphabetical Listing is updated annually by the Office of the Federal Register.

§ 7.90 Chattahoochee River National Recreation Area. ( a ) *Bicycling.* ( 1 ) *Where may I ride a bicycle within Chattahoochee River National Recreation Area?* The following routes are designated for bicycle use: ( i ) The approximately 500-foot-long segment of paved multi-use trail along the Chattahoochee River located within the boundary of the Vickery Creek unit.
( ii ) The approximately 2.2-mile-long multi-use trail in the Johnson Ferry South unit that connects to the bridge underpass at Johnson Ferry Road.
( iii ) The approximately 6.7-mile-long loop-style multi-use trail in the Cochran Shoals unit.
( 2 ) *Will the routes be identified on the ground?* Yes, the three trails will be posted at trail junctions indicating they are open to bicycle use.
( 3 ) *Where can I find maps depicting routes designated for bicycle use?* Maps depicting designated bicycle routes are available in the office of the Superintendent and online at *www.nps.gov/chat/planyourvisit/bike-maps.htm .*
( 4 ) *How will the Superintendent manage the designated bicycle routes?* ( i ) The Superintendent may open or close designated bicycle routes, or portions thereof, or impose conditions or restrictions for bicycle use after taking into consideration public health and safety, natural and cultural resource protection, carrying capacity and other management activities and objectives.
( ii ) Following a rain event, the Superintendent may exercise discretion to temporarily close the trails in the Johnson Ferry South and Cochran Shoals units to mitigate soil erosion and water quality impacts from bicycle use.
( iii ) The Superintendent will provide public notice of all such actions through one or more of the methods listed in § 1.7 of this chapter.
( iv ) Violating a closure, condition, or restriction is prohibited.
( b ) [Reserved]
[78 FR 14450, Mar. 6, 2013]
| 1. | I have reviewed this annual report on Form 10-K/A of WaferGen Bio-systems, Inc.; |
|----|---------------------------------------------------------------------------------------|

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

| Date: May 2, 2011 |                          |   |
|------------------------|-------------------------------|--------|
|                   |                          |   |
|                   | /s/ Alnoor Shivji             |   |
|                   | Alnoor Shivji                 |
|                   | Chief Executive Officer       |
|                   | (principal executive officer) |
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           2,489
<SECURITIES>                                     9,921
<RECEIVABLES>                                    9,662
<ALLOWANCES>                                     2,116
<INVENTORY>                                          0
<CURRENT-ASSETS>                                15,256
<PP&E>                                          13,132
<DEPRECIATION>                                   2,711
<TOTAL-ASSETS>                                  47,639
<CURRENT-LIABILITIES>                            9,795
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      32,066
<TOTAL-LIABILITY-AND-EQUITY>                    47,639
<SALES>                                         17,689
<TOTAL-REVENUES>                                17,689
<CGS>                                                0
<TOTAL-COSTS>                                   18,252
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (563)
<INCOME-TAX>                                     (231)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (332)
<EPS-BASIC>                                      (.05)
<EPS-DILUTED>                                    (.05)


</TABLE>
* 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. United States Court of Appeals

Fifth Circuit 

## FILED August 5, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-20612 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus TERRANCE SWEAT, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-368-5

-------------------- ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before BARKSDALE, GARZA, and DENNIS, Circuit Judges. PER CURIAM: * This court affirmed the judgment of conviction and sentence of Terrance Sweat. United States v. Sweat , No. 03-20612 (5th Cir. Jun. 21, 2004) (unpublished). The Supreme Court vacated and remanded for further consideration in light of United States v. Booker , 125 S. Ct. 738 (2005). Sweat v. United States , 125 S. Ct. 993 (2005). We requested and received supplemental letter briefs addressing the impact of Booker
.No. 03-20612 -2- Sweat contends that he is entitled to resentencing because the district court sentenced him under a mandatory application of the United States Sentencing Guidelines prohibited by Booker
. This court will not consider a Booker -related challenge raised for the first time in a petition for certiorari absent extraordinary circumstances. United States v. Taylor , F.3d , No. 03-10167, 2005 WL 1155245 at *1 (5th Cir. May 17, 2005). Sweat identifies “no evidence in the record suggesting that the district court would have imposed a lesser sentence under an advisory guidelines system.” Id. (citing United States v. Hernandez-Gonzalez , 405 F.3d 260, 261 (5th Cir. 2005); United States v. Mares , 402 F.3d 511, 521-22 (5th Cir.), petition for cert. filed (March 31, 2005) (No. 04-9517)). This court has rejected the argument that a Booker error is a structural error or that such error is presumptively prejudicial.
Mares , 402 F.3d at 520-22; see also United States v. Malveaux , ___ F.3d ___, No. 03-41618, 2005 WL 1320362, *1 n.9 (5th Cir. Apr. 11, 2005). Because Sweat has not demonstrated plain error, “it is obvious that the much more demanding standard for extraordinary circumstances, warranting review of an issue raised for the first time in a petition for certiorari, cannot be satisfied.” See Taylor , 2005 WL 1155245 at *1. Because nothing in the Supreme Court’s Booker decision requires us to change our prior affirmance in this case, we therefore reinstate our judgment affirming Sweat’s conviction and
sentence. AFFIRMED.
#### § 153.540 Compliance with risk corridors standards.

HHS or its designee may audit a QHP issuer to assess its compliance with the requirements of this subpart. HHS will conduct an audit in accordance with the procedures set forth in § 158.402(a) through (e) of this subchapter.

[79 FR 13836, Mar. 11, 2014]
BEFORE THE
DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

In the matter of

2007/2008/2009 U.S.-China Air Services and Combination Frequency Allocation Proceeding ) ) ) ) ) ) ) Docket DOT-OST-2007-28567

MOTION OF DELTA AIR LINES, INC.

Communications with respect to this document should be addressed to:

Alexander Van der Bellen Managing Director – Government Affairs
& Associate General Counsel Jeff Morgan Regional Director – Government Affairs DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Washington, D.C. 20005 (202) 842-4184 sascha.vanderbellen@delta.com

August 12, 2010BEFORE THE
DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

In the matter of

2007/2008/2009 U.S.-China Air Services and Combination Frequency Allocation Proceeding ) ) ) ) ) ) ) Docket DOT-OST-2007-28567

MOTION OF DELTA AIR LINES, INC.

By this Motion, Delta Air Lines, Inc. (“Delta”) requests that the Department

convert two of Delta’s seven Detroit-Shanghai frequencies from year-round to seasonal

use. The introduction of nonstop service on the Detroit-Shanghai route has been a

strong success, and Delta is currently operating daily service. However, during the offpeak winter season, Delta plans to reduce service to a level of five weekly flights on or

about January 31, 2011 in order to accommodate the upgrade and installation of lie-flat

seats in Delta’s BusinessElite cabin. Delta plans to reestablish daily service in the

spring of 2011, before the summer peak.

Grant of the requested seasonal frequency authorization is in the public interest.

The seasonal service relief requested here will provide Delta the flexibility to adjust

service levels in line with logistical requirements and market demand. The flexibility

requested here by Delta is identical to the seasonal China frequency authorizations

previously granted to other carriers. See, e.g. NOAT dated August 13, 2008 in Dockets

OST-2004-19077 and OST-2007-28567 (Converting two of Continental’s NewarkShanghai and two of Continental’s Newark-Beijing frequencies from year-round to

seasonal service).Motion of Delta Page 2

Respectfully submitted,

_________________________________ Alexander Van der Bellen Managing Director, Government Affairs
& Associate General Counsel DELTA AIR LINES, INC.CERTIFICATE OF SERVICE

A copy of the foregoing Motion has been served this 12 th day of August, 2010, upon the following persons via email:

carl.nelson@aa.com
dan.weiss@coair.com
hkamen@coair.com steve.morrissey@united.com jeffrey.manley@united.com howard.kass@usairways.com benjamin.slocum@usairways.com esta.rosenberg@dot.gov byerlyjr@state.gov john.allen@faa.gov
info@airlineinfo.com
§ 1324.201 State agency responsibilities for the prevention of elder abuse, neglect, and exploitation. ( a ) In accordance with Title VII, chapter 3 of the Act, the distribution of Federal funds to the State agency on aging by formula is authorized to carry out activities to develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation.
( b ) All programs using these funds must meet requirements as set forth in the Act, including those of section 721(c), (d), (e) (42 U.S.C. 3058i(c)-(e)) and guidance as set forth by the Assistant Secretary for Aging.
§ 1321.69 Area agency on aging Title III and Title VI coordination responsibilities. ( a ) For planning and service areas where there are Title VI programs, the area agency's policies and procedures, developed in coordination with the relevant Title VI program director(s), as set forth in § 1322.13(a), must explain how the area agency's aging network, including service providers, will coordinate with Title VI programs to ensure compliance with section 306(a)(11)(B) of the Act (42 U.S.C. 3026(a)(11)(B)).
( b ) The policies and procedures set forth in paragraph (a) of this section must at a minimum address: ( 1 ) How the area agency's aging network, including service providers, will provide outreach to Tribal elders and family caregivers regarding services for which they may be eligible under Title III;
( 2 ) The communication opportunities the area agency will make available to Title VI programs, to include Title III and other funding opportunities, technical assistance on how to apply for Title III and other funding opportunities, meetings, email distribution lists, presentations, and public hearings;
( 3 ) The methods for collaboration on and sharing of program information and changes, including coordinating with service providers where applicable;
( 4 ) How Title VI programs may refer individuals who are eligible for Title III services;
( 5 ) How services will be provided in a culturally appropriate and trauma-informed manner; and
( 6 ) Opportunities to serve on advisory councils, workgroups, and boards, including area agency advisory councils as set forth in § 1321.63.
United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 19-5117 September Term, 2019

1:15-cv-01397-TSC

Filed On: August 6, 2020 [1855348]

Level the Playing Field, et al., 

 Appellants

v.

Federal Election Commission, 

 Appellee

M A N D A T E

In accordance with the judgment of June 12, 2020, and pursuant to Federal Rule

of Appellate Procedure 41, this constitutes the formal mandate of this court.

FOR THE COURT:

Mark J. Langer, Clerk

BY: /s/

Daniel J. Reidy

Deputy Clerk

Link to the judgment filed June 12, 2020

USCA Case #19-5117 Document #1855348 Filed: 08/06/2020 Page 1 of 1
IIA 

118TH CONGRESS 

2D SESSION S. J. RES. 70 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Bureau of Consumer Financial 

Protection relating to ‘‘Credit Card Penalty Fees (Regulation Z)’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 8, 2024 

Mr. SCOTT of South Carolina (for himself, Mr. MORAN, Mr. CRAMER, Mr. 

ROUNDS, Mr. BARRASSO, Mr. THUNE, Mr. TILLIS, Mr. BRAUN, Mr. 

DAINES, Mr. HAGERTY, Mr. BOOZMAN, Mrs. BRITT, Mrs. BLACKBURN, 

and Mr. BUDD) introduced the following joint resolution; which was read 

twice and referred to the Committee on Banking, Housing, and Urban 

Affairs 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Bureau of Consumer Financial Protection relating 

to ‘‘Credit Card Penalty Fees (Regulation Z)’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the Bu4 reau of Consumer Financial Protection relating to ‘‘Credit 

5 Card Penalty Fees (Regulation Z)’’ (89 Fed. Reg. 19128 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•SJ 70 IS 

1 (March 15, 2024)), and such rule shall have no force or 

2 effect. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
§ 331.22 Abandonment of personal property. ( a ) Personal property of any kind left unattended upon WCA lands or waters for a period of 24 hours shall be considered abandoned and may be impounded and stored at a storage point designated by the District Engineer who may assess a reasonable impoundment fee. Such fee shall be paid before the impounded property is returned to its owner.
( b ) If abandoned property is not claimed by its owner within 3 months after the date it is received at the storage point designated by the District Engineer, it may be disposed of by public or private sale or by other means determined by the District Engineer. Any net proceeds from the sale of property shall be conveyed unto the Treasury of the United States as miscellaneous receipts.
[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Notices]
[Page 68645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9423]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meeting during the week of 
November 27, 2006:
    A Closed Meeting will be held on Wednesday, November 29, 2006 at 10 
a.m.
    Commissioners, Counsels to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), (8), (9)(B) and (10) and 17 CFR 
200.402(a) (3), (5), (7), (8), (9)(ii), and (10) permit consideration 
of the scheduled matters at the Closed Meeting.
    Commissioner Atkins, as duty officer, voted to consider the items 
listed for the closed meeting in closed session.
    The subject matters of the Closed Meeting scheduled for Wednesday, 
November 29, 2006 will be:

Formal orders of investigation;
Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings of an 
enforcement nature;
Resolution of litigation claims;
An adjudicatory matter; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact: The Office of the 
Secretary at (202) 551-5400.

    Dated: November 21, 2006.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 06-9423 Filed 11-22-06; 11:42 am]
BILLING CODE 8011-01-P
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 22-3645

___________________________

United States of America,

lllllllllllllllllllllPlaintiff - Appellee,

v.

Mario Marqwinn Manuel,

lllllllllllllllllllllDefendant - Appellant.

 ____________

Appeal from United States District Court 

for the Southern District of Iowa - Central

 ____________

 Submitted: April 7, 2023

Filed: April 12, 2023

[Unpublished]

____________

Before LOKEN, COLLOTON, and BENTON, Circuit Judges. 

____________

PER CURIAM.

Mario Manuel appeals after the district court1 revoked his probation and

sentenced him to 18 months in prison. His counsel has moved to withdraw, and filed

1The Honorable Rebecca Goodgame Ebinger, United States District Judge for

the Southern District of Iowa.
a brief arguing that the revocation sentence is substantively unreasonable. In a pro

se brief, Manuel argues that counsel was ineffective for advising him to admit to the

violation, and that the district court was biased against him.

We conclude that Manuel’s sentence was not unreasonable, as there is no

indication that the district court overlooked a relevant factor, gave significant weight

to an improper or irrelevant factor, or committed a clear error of judgment in

weighing the relevant factors. See United States v. Shepard, 657 F.3d 682, 685 (8th

Cir. 2011); United States v. Larison, 432 F.3d 921, 922-23 (8th Cir. 2006); United

States v. Tschebaum, 306 F.3d 540, 543-44 (8th Cir. 2002). Manuel’s contention that

counsel provided ineffective assistance is best litigated in a collateral proceeding

under 28 U.S.C. § 2255. See United States v. Ramirez-Hernandez, 449 F.3d 824, 827

(8th Cir. 2006). His allegation of judicial bias is conclusory and not supported by the

record. See Bannister v. Delo, 100 F.3d 610, 614 (8th Cir. 1996). 

Accordingly, we affirm, and we grant counsel’s motion to withdraw. 

______________________________

-2-
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 37 06

_____________________________
J USTIN T AVARSE B ARGE , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. Jennie Kinsey , Judge

. July 22, 2019

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , R OWE , and O STERHAUS , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Megan Long , Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.