alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
AMENDMENT NO. 3 TO

EMPLOYMENT AGREEMENT AND

AMENDMENT NO. 3 TO CHANGE OF CONTROL AGREEMENT

                   
This Amendment No. 3 to Employment Agreement and Amendment No. 3 to
Change of Control Agreement is made as of the 31st day of October, 2000, by and
between Stewart Enterprises, Inc., a Louisiana corporation (the
"Company"), and William E. Rowe (the "Employee").


W I T N E S S E T H:


                   
WHEREAS, the Company has entered into an Employment Agreement with the
Employee dated as of August 1, 1995, which has been previously amended two times
(as amended, the "Employment Agreement");

                   
WHEREAS, the Company has entered into a Change of Control Agreement with the
Employee dated as of December 5, 1995, which has been previously amended two
times (as amended, the "Change of Control Agreement"); and

                   
WHEREAS, the Company and the Employee have agreed to an extension of the
terms of the Employment Agreement and the Change of Control Agreement, as set
forth herein.

                   
NOW, THEREFORE, for and in consideration of the continued employment of
Employee by the Company and the payment of wages, salary and other compensation
to Employee by the Company, the parties hereto agree as follows, effective
October 31, 2000;

                   
Section 1.    Except as expressly amended herein, all of the terms and
provisions of the Employment Agreement and Change of Control Agreement shall
remain in full force and effect.

                   
Section 2.     Article I, Section 2 of the Employment Agreement is hereby
amended to read in its entirety as follows:


  
                Employment Term. The term of this Agreement (the "Employment
    Term") shall commence on the Agreement Date and shall continue through
    October 31, 2001, subject to any earlier termination of Employee's
    status as an employee pursuant to this Agreement.

  



                   
Section 3.     Article II, Section 2.1(a) of the Change of Control
Agreement is hereby amended to read in its entirety as follows:


  
                2.1    
    Employment Term and Capacity after Change of Control. (a) If a
    Change of Control occurs on or before October 31, 2001, then the Employee's
    employment term (the "Employment Term") shall continue through the
    second anniversary of the Change of Control, subject to any earlier
    termination of Employee's status as an employee pursuant to this
    Agreement.

  



                   
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly
executed and signed as of the date indicated above.

	 	 	STEWART ENTERPRISES, INC.
      By:  /s/ James W. McFarland                  

                 James W. McFarland

                 Compensation Committee Chairman

	 	 	 
      EMPLOYEE:

         /s/   William E.
      Rowe                             

                            
      William E. Rowe
Editorial Note on Subpart E of Part 170
Editorial Note: Nomenclature changes to subpart E of part 170 appear at 80 FR 62755, Oct. 16, 2015.

§ 170.570 Effect of revocation on the certifications issued to Complete EHRs and EHR Module(s). ( a ) The certified status of Health IT Module(s) certified by an ONC-ACB or tested by an ONC-ATL that had its status revoked will remain intact unless a Type-1 violation was committed by the ONC-ACB and/or ONC-ATL that calls into question the legitimacy of the certifications issued.
( b ) If the National Coordinator determines that a Type-1 violation was committed by an ONC-ACB and/or ONC-ATL that called into question the legitimacy of certifications issued to health IT, then the National Coordinator would: ( 1 ) Review the facts surrounding the revocation of the ONC-ACB's or ONC-ATL's status; and
( 2 ) Publish a notice on ONC's Web site if the National Coordinator believes that the Health IT Module(s) certifications were based on unreliable testing and/or certification.
( c ) If the National Coordinator determines that Health IT Module(s) certifications were based on unreliable testing and/or certification, the certification status of affected Health IT Module(s) would only remain intact for 120 days after the National Coordinator publishes the notice. ( 1 ) The certification status of affected Health IT Module(s) can only be maintained after the 120-day timeframe by being re-tested by an ONC-ATL in good standing, as necessary, and re-certified by an ONC-ACB in good standing.
( 2 ) The National Coordinator may extend the time that the certification status of affected Health IT Module(s) remains intact as necessary for the proper retesting and recertification of the affected health IT.
[81 FR 72467, Oct. 19, 2016, as amended at 85 FR 25953, May 1, 2020]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

MELVIN FLORES-ORTIZ,

 Defendant - Appellant.

No. 14-10404

D.C. No. 4:14-cr-00399-RCC

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Raner C. Collins, Chief Judge, Presiding

Submitted June 22, 2015**

Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

Melvin Flores-Ortiz appeals from the district court’s judgment and 

challenges the 18-month sentence imposed following his guilty-plea conviction for 

attempted exportation of a firearm and magazines, in violation of 18 U.S.C. § 554. 

We have jurisdiction under 28 U.S.C. § 1291, and we affirm. 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by 9th Cir. R. 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 25 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 14-10404

Flores-Ortiz contends that he received ineffective assistance of counsel 

because his attorney failed properly to explain his plea deal. Contrary to FloresOrtiz’s contention, the record does not permit us to consider his ineffective 

assistance argument on direct appeal. See United States v. Rahman, 642 F.3d 

1257, 1259-60 (9th Cir. 2011) (this court reviews ineffective assistance claims on 

direct appeal only where the record is sufficiently developed or inadequate 

representation is obvious). Flores-Ortiz may pursue this claim through a motion 

under 28 U.S.C. § 2255. 

AFFIRMED.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20646

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIGUEL ANGEL MUNDO-JIMENEZ,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-01-CR-651-1

--------------------

February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. 

PER CURIAM:*

Miguel Angel Mundo-Jimenez pleaded guilty to illegal

reentry into the United States after deportation in violation of

8 U.S.C. § 1326. Mundo-Jimenez appeals the district court’s

interpretation of U.S.S.G. § 2L1.2(b)(1)(C) at his sentencing. 

For the first time on appeal, Mundo-Jimenez argues that 

8 U.S.C. § 1326(b)(2) is unconstitutional because it treats a

prior conviction for an aggravated felony as a mere sentencing

factor and not an element of the offense. He contends that the
No. 02-20646

-2-

unconstitutionality of the statute is not remedied by treating

the prior aggravated felony as an element of the offense and

including it in the indictment. Mundo-Jimenez concedes that his

argument is foreclosed by Almendarez-Torres v. United States,

523 U.S. 224 (1998), but he seeks to preserve the issue for

Supreme Court review in light of the decision in Apprendi v.

New Jersey, 530 U.S. 466 (2000). Apprendi did not overrule

Almendarez-Torres. See Apprendi, 530 U.S. at 489-90; see also

United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000). 

This argument lacks merit. 

 Mundo-Jimenez also argues that his prior felony conviction

for possession of a controlled substance did not merit the eightlevel adjustment provided in U.S.S.G. § 2L1.2(b)(1)(C) for an

aggravated felony. He argues that he should have received only

the four-level adjustment provided in U.S.S.G. § 2L1.2(b)(1)(D)

for “any other felony.” Mundo-Jimenez’s arguments regarding the

definitions of “drug trafficking offense” and “aggravated felony”

are foreclosed by United States v. Caicedo-Cuero, 312 F.3d 697,

706-11 (5th Cir. 2002). The district court did not err in

assessing an eight-level adjustment, pursuant to U.S.S.G.

§ 2L1.2(b)(1)(C), to Mundo-Jimenez’s sentencing guideline

calculation.

AFFIRMED.
SENATE OF THE UNITED STATES 

EXECUTIVE CALENDAR 

PREPARED UNDER THE DIRECTION OF NANCY ERICKSON, 

SECRETARY OF THE SENATE

By Michelle Haynes, Executive Clerk

ONE HUNDRED TENTH CONGRESS 

Friday, March 9, 2007

FIRST SESSION {

SECOND SESSION {

Issue No. 27

CONVENED JANUARY 4, 2007

RESOLUTIONS

CALENDAR 

NO.

S. RES. 

NO.

SUBJECT REPORTED 

BY

1

 
TREATIES

CALENDAR 

NO.

TREATY

DOC. NO.

SUBJECT REPORTED 

BY

2

 
* Signifies nominee’s commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 

NOMINATIONS

CALENDAR 

NO.

MESSAGE

NO.

NOMINEE, OFFICE, AND PREDECESSOR REPORTED 

BY

3

THE JUDICIARY 

36 4 John Preston Bailey, of West Virginia, to be 

United States District Judge for the Northern 

District of West Virginia, vice Frederick P. 

Stamp, Jr., retired. 

Mar 01, 2007 Reported by Mr. 

Leahy, Committee on the 

Judiciary, without printed 

report. 

37 32 Otis D. Wright II, of California, to be United 

States District Judge for the Central District of 

California, vice Gary L. Taylor, retired. 

Mar 01, 2007 Reported by Mr. 

Leahy, Committee on the 

Judiciary, without printed 

report. 

38 33 George H. Wu, of California, to be United States 

District Judge for the Central District of 

California, vice Ronald S. W. Lew, retired. 

Mar 01, 2007 Reported by Mr. 

Leahy, Committee on the 

Judiciary, without printed 

report. 

 [NEW REPORTS] 

42 8 Thomas M. Hardiman, of Pennsylvania, to be 

United States Circuit Judge for the Third 

Circuit, vice Richard L. Nygaard, retired. 

Mar 08, 2007 Reported by Mr. 

Leahy, Committee on the 

Judiciary, without printed 

report. 

43 6 Vanessa Lynne Bryant, of Connecticut, to be 

United States District Judge for the District of 

Connecticut, vice Dominic J. Squatrito, retired. 

Mar 08, 2007 Reported by Mr. 

Leahy, Committee on the 

Judiciary, without printed 

report. 
NOMINATIONS PLACED ON THE SECRETARY’S DESK

4
IIA 

118TH CONGRESS 

2D SESSION S. J. RES. 76 

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

States Code, of the rule submitted by the Department of Labor relating 

to ‘‘Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage’’. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2024 

Mr. BRAUN (for himself, Mr. MARSHALL, Mr. LEE, and Mr. JOHNSON) introduced the following joint resolution; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

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

the Department of Labor relating to ‘‘Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage’’. 

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 De4 partment of Labor relating to ‘‘Short-Term, Limited-Du5 ration Insurance and Independent, Noncoordinated ExVerDate Sep 11 2014 00:07 May 03, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\SJ76.IS SJ76

ssavage on LAPJG3WLY3PROD with BILLS
2 

•SJ 76 IS 

1 cepted Benefits Coverage’’ (89 Fed. Reg. 23338 (April 3, 

2 2024)), and such rule shall have no force or effect. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
§ 1701.2 Disclosure of records and informational materials. ( a ) With the exception of records and materials exempt from disclosure pursuant to paragraph (b) of this section, any person in accordance with the procedure provided in § 1701.3 may inspect and copy any document of the National Commission on Libraries and Information Science.
( b ) The provisions of 5 U.S.C. section 552 which require that agencies make their records available for public inspection and copying do not apply to Commission records which are: ( 1 ) ( i ) Specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and
( ii ) are in fact properly classified pursuant to such Executive Order;
( 2 ) Related solely to the internal personnel rules and practices of the Commission;
( 3 ) Specifically exempted from disclosure by statute;
( 4 ) Trade secrets and information which is privileged or which relates to the business, personal or financial affairs of any person and which is furnished in confidence;
( 5 ) Inter-agency and intra-agency memoranda or letters which would not be available by law to a private party in litigation with the Commission;
( 6 ) Personnel, medical and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
( 7 ) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would: ( i ) Interfere with enforcement proceedings,
( ii ) deprive a person of a right to a fair trial or an impartial adjudication,
( iii ) constitute an unwarranted invasion of personal privacy,
( iv ) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
( v ) disclose investigative techniques and procedures, or
( vi ) endanger the life or physical safety of law enforcement personnel.
( 8 ) Contained in or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
( 9 ) Geological and geophysical information and data, including maps, concerning wells.
( c ) The Commission shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter issued, adopted, or promulgated by the Commission since its creation on July 20, 1970, and required by section 552(a)(2) of title 5 to be made available or published. However, in accordance with 5 U.S.C. 552(a)(4)(A) the Commission deems that publication of the index or supplements thereto would be unnecessary and impracticable. Accordingly, it shall provide copies of such index on request but shall not publish and distribute it quarterly or more frequently.
[39 FR 39879, Nov. 12, 1974, as amended at 40 FR 7652, Feb. 21, 1975]
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 829 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                 S. 829

  To amend the Lobbying Disclosure Act of 1995 to clarify a provision 
     relating to certain contents of registrations under that Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

  Mr. Grassley (for himself, Mr. Peters, Mr. Cornyn, Mr. Durbin, Ms. 
   Hassan, Ms. Sinema, Ms. Stabenow, and Mr. Hawley) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend the Lobbying Disclosure Act of 1995 to clarify a provision 
     relating to certain contents of registrations under that Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disclosing Foreign Influence in 
Lobbying Act''.

SEC. 2. CLARIFICATION OF CONTENTS OF REGISTRATION.

    Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1603(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end; and
            (2) in paragraph (7), by striking ``the offense.'' and 
        inserting the following: ``the offense; and
            ``(8) notwithstanding paragraph (4), the name and address 
        of each government of a foreign country (including any agency 
        or subdivision of a foreign government, such as a regional or 
        municipal unit of government) and foreign political party, 
        other than the client, that participates in the direction, 
        planning, supervision, or control of any lobbying activities of 
        the registrant.''.
                                 <all>
```
#### Read v. Smith, appellant.

*Hmdence—entries in a memorandum, look—receipt.*

In an action to recover moneys loaned by the plaintiff to the defendant, the plaintiff testified that at the time of each loan he made a memorandum in a book, from which he testified, but did not put the book in evidence. The defendant offered the remaining portions.of the book in evidence. The referee allowed the book in evidence so far as it related to transactions between the parties, to which ruling the defendant excepted. *Held,*that if the portion of the book so admitted was to be regarded as put in by the defendant as evidence on his part, the ruling of the referee was erroneous, as it was not in accordance with the offer of the defendant.

*Held,*also, that the referee, after admitting the entries of loans contained in the memorandum book, as evidence either against the defendant or to corroborate the plaintiff’s statement, should have allowed the defendant to test the accuracy of the entries by showing, if he could, that they were not in fact made at the dates claimed.

After a defendant had testified that loans made to him by the plaintiff in 1865 and 1866, had been paid, and that the plaintiff had also loaned him money in 1867 and 1868; *held,*that he might be asked whether he held receipts for the payment of the latter loans, for the purpose of raising the presumption that the older loans had also been paid.

Appeal by defendant from a judgment entered upon the report of a referee. The action was brought to recover various sums of money alleged to have been loaned by the plaintiff to the defendant in 1865 and 1866.

*B. H. Huntley,*for- appellant.

*.John H. Strahan,*for respondent.

Davis, P. J.,

delivered the opinion of the court, which is devoted entirely to a consideration of the evidence, and the rulings iof .the referee thereon.

*Judgment reversed and a new trial ordered.*
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWMBS, INC.
                   CHL MORTGAGE PASS-THROUGH TRUST 2006-HYB5
             MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HYB5


      The undersigned does hereby certify that the undersigned is an officer
of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing
LP (the "Master Servicer"), and does hereby further certify pursuant to
Section 3.16 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                      Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
§ 1802.5 Procedure for announcing meetings. ( a ) Except to the extent that such information is exempt from disclosure under the provisions of § 1802.4, in the case of each Board or committee meeting, the Executive Secretary, acting at the direction of the Board, shall publish in the Federal Register, at least seven days before the meeting, the following information: ( 1 ) Time of the meeting;
( 2 ) Place of the meeting;
( 3 ) Subject matter of the meeting;
( 4 ) Whether the meeting or parts thereof are to be open or closed to the public; and
( 5 ) The name and phone number of the person designated by the Board or committee to respond to requests for information about the meeting.
( b ) The seven-day period for the public announcement required by paragraph (a) of this section may be reduced if a majority of the members of the Board or committee, as applicable, determine by a recorded vote that Board or committee business requires that such expedited meeting be called at an earlier date. The Board or committee shall make public announcement of the time, place, and subject matter of such meeting, and whether open or closed to the public, at the earliest practicable time.
( c ) The time or place of a meeting may be changed following the public announcement required by paragraph (a) only if the Executive Secretary, acting at the direction of the Board, publicly announces such change at the earliest practicable time. Such change need not be voted on by the members.
( d ) The subject matter of a meeting, or the determination of the Board or committee, as applicable, to open or close a meeting, or portion of a meeting, to the public, may be changed following the public announcement required by paragraph (a) of this section only if: ( 1 ) A majority of the entire voting membership of the Board or a majority of the entire voting membership of a committee, determines by a recorded vote that Board or committee business so requires and that no earlier announcement of the change was possible, and
( 2 ) The Board or committee publicly announces such change and the vote of each member upon such change at the earliest practicable time.
( e ) The “earliest practicable time” as used in this section, means as soon as possible, which should in few, if any, instances be no later than commencement of the meeting or portion in question.
( f ) Immediately following each public announcement required by this section, notice of the time, place and subject matter of a meeting, whether the meeting is open or closed, any change in one of the preceding, and the name and phone number of the person designated by the Board or committee to respond to requests for information about the meeting, shall be submitted for publication in the Federal Register.