alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WE ARE AMERICA/SOMOS

AMERICA COALITION OF

ARIZONA et al.,

 Plaintiffs - Appellants,

 v.

MARICOPA COUNTY BOARD OF

SUPERVISORS et al.,

 Defendants - Appellees.

No. 09-15281

D.C. No. 2:06-cv-02816-RCB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Robert C. Broomfield, Senior District Judge, Presiding

Argued and Submitted February 9, 2010

San Francisco, California

Before: KOZINSKI, Chief Judge, GOODWIN and IKUTA, Circuit Judges.

The district court correctly determined that it lacked jurisdiction under

Younger v. Harris, 401 U.S. 37 (1971), to consider the claims of the six plaintiffs

who are Mexican nationals: A federal court decision would improperly interfere

FILED

JUL 12 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
page 2

with the state criminal proceedings that had already begun against them. See

Woodfeathers, Inc. v. Wash. County, 180 F.3d 1017, 1020 (9th Cir. 1999). 

Arizona has an important interest in enforcing its criminal statutes, and it’s not

“readily apparent” that federal law preempts Ariz. Rev. Stat. § 13-2319 or

Maricopa County’s enforcement policy. See id. at 1021. The Mexican national

plaintiffs also have an adequate opportunity to litigate their constitutional claims in

the state court proceedings. See id. at 1020–21.

The district court erred, however, in concluding that Younger abstention

barred it from considering the organizational and taxpayer claims. Those plaintiffs

weren’t parties to the state court proceedings, and they’re not sufficiently

intertwined with the plaintiffs who were parties to trigger Younger. See Doran v.

Salem Inn, Inc., 422 U.S. 922, 928–29 (1975); Green v. City of Tuscon, 255 F.3d

1086, 1099–1100 (9th Cir. 2001) (en banc), limited on other grounds, Gilbertson v.

Albright, 381 F.3d 965, 968–69 (9th Cir. 2004) (en banc). On remand, the district

court must still determine whether the organizational and taxpayer plaintiffs have

standing to pursue their claims.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

No costs.
---

Exhibit 99.6

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ENACTED PURSUANT TO SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

Timmins Gold Corp. (the Company) is filing with the U.S.
Securities and Exchange Commission on the date hereof, its annual report on Form
40-F for the year ended December 31, 2012 (the Report).

I, Bruce Bragagnolo, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. section 1350, as enacted pursuant to section 906
of the U.S. Sarbanes-Oxley Act of 2002, that:

(i) the Report fully complies with the requirements of section
13(a) or 15(d) of the U.S. Securities Exchange Act of 1934; and

(ii) the information contained in the Report fairly presents,
in all material respects, the financial condition and results of operations of
the Company.

|       | /s/ Bruce Bragagnolo    | 
|------ | ----------------------- | 
|Name:  | Bruce Bragagnolo        | 
|       |                         | 
|Title: | Chief Executive Officer | 
|       |                         | 
|Date:  | April 2, 2013           | 

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-END>                               JUL-02-2000
<CASH>                                           2,392
<SECURITIES>                                         0
<RECEIVABLES>                                   58,124
<ALLOWANCES>                                     1,353
<INVENTORY>                                     66,337
<CURRENT-ASSETS>                               131,872
<PP&E>                                         151,330
<DEPRECIATION>                                  48,924
<TOTAL-ASSETS>                                 474,210
<CURRENT-LIABILITIES>                          125,787
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            67
<OTHER-SE>                                    (13,338)
<TOTAL-LIABILITY-AND-EQUITY>                   474,210
<SALES>                                         84,365
<TOTAL-REVENUES>                                84,944
<CGS>                                           61,186
<TOTAL-COSTS>                                   62,516
<OTHER-EXPENSES>                                23,641
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,932
<INCOME-PRETAX>                                (1,213)
<INCOME-TAX>                                     (461)
<INCOME-CONTINUING>                              (752)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (752)
<EPS-BASIC>                                     (0.12)
<EPS-DILUTED>                                   (0.12)


</TABLE>
Before the First Division,

July 6, 1938

No. 38960.

#### Protests 922060-G, etc., of S. Lisk & Bro. (New York).

*332Opinion by

Sullivan, J.

It was stipulated that the merchandise consists of trick daggers similar to those the subject of Abstract 37637. The claim at 45 percent under paragraph 397 was therefore sustained.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9311 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9311

  To address the plea agreements for certain individuals detained at 
                  Guantanamo, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 2024

Mr. Lawler (for himself, Ms. Tenney, Mr. Garbarino, Mr. D'Esposito, Ms. 
 Stefanik, Mr. Fitzpatrick, and Mr. Kean of New Jersey) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To address the plea agreements for certain individuals detained at 
                  Guantanamo, and for other purposes.

    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 ``Justice for 9/11 Act''.

SEC. 2. TRIAL AND POST-TRIAL MATTERS RELATING TO CERTAIN INDIVIDUALS 
              DETAINED AT GUANTANAMO.

    (a) Plea Agreements and Judgments.--Notwithstanding the provisions 
of section 949h of title 10, United States Code, any plea agreement 
entered into by Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak 
Bin `Attash, or Mustafa Ahmed Adam al Hawsawi for actions involving the 
terrorist attack on September 11, 2001, and its related judgment, shall 
not preclude the trial of such individual under chapter 47A of such 
title or any other provision of law for that terrorist attack.
    (b) Sentencing.--Notwithstanding any other provision of law, in any 
trial of Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin 
`Attash, or Mustafa Ahmed Adam al Hawsawi under chapter 47A of title 
10, United States Code, or any other provision of law for the terrorist 
attack of September 11, 2001, a sentence of death shall be available.
    (c) Conditions of Confinement; Transfer.--Notwithstanding any other 
provision of law, in the case of any sentence imposed on Khalid Shaikh 
Mohammad, Walid Muhammad Salih Mubarak Bin `Attash, or Mustafa Ahmed 
Adam al Hawsawi, such individual--
            (1) shall be--
                    (A) held at United States Naval Station, Guantanamo 
                Bay, Cuba, in solitary confinement;
                    (B) provided no contact with foreign nationals; and
                    (C) provided no psychological treatment except that 
                specifically authorized by medical authorities at 
                United States Naval Station, Guantanamo Bay; and
            (2) shall not be transferred to the continental United 
        States or any other country.
                                 <all>
```
From: <Alicea.Jezebele@epamail.epa.gov>

To: steam_record <steam_record@erg.com>, <Jordan.Ronald@epamail.epa.gov>

Date: 9/29/2010 2:36 PM

Subject: Fw: EPA Questionaire for the Steam Electric Power - Lamar, CO

----- Forwarded by Jezebele Alicea/DC/USEPA/US on 09/29/2010 02:35 PM

-----

 

 From: Jillian Tinnes <jillian.tinnes@lamarlp.com> 

 To: Jezebele Alicea/DC/USEPA/US@EPA 

 Cc: Virgil Cochran <virgil.cochran@lamarlp.com> 

 Date: 09/29/2010 11:32 AM 

 Subject: EPA Questionaire for the Steam Electric Power - Lamar, CO

Dear Jezebele,

My name is Jillian Tinnes, I am the Administrative Supervisor for the

City of Lamar Power Plant. I have been compiling information for the

Questionnaire for the Steam Electric Power Generating. Though we are

aware that the Questionnaire is required to be returned to your division

within 90 days of receipt, we are not able to complete all the sections

at this time.

Some of the information required is currently being compiled by an

outside company who is contracted to haul the ash from our facilities.

We are in contact with this company and they anticipate providing us

with information regarding the ash, which is a large portion of section

C, within the next two weeks. Also, a newly appointed Plant Supervisor

has just begun to look at the portion of the questionnaire that pertains

to his operation. He has requested some additional time to review and

provide his answers.

Considering both these positions, I would like to request an extension

to provide a completed questionnaire by October 18, 2010. I am confident

that all questions will be answered most accurately provided that we

obtain some time to compile them.

Thank you for your consideration,

Jillian Tinnes

jillian.tinnes@lamarlp.com

Administrative Services Supervisor

Lamar Light and Power
#### UNITED STATES, Appellee v RONALD RAY KILLION, Seaman Apprentice, U. S. Navy, Appellant

16 USCMA 511, 37 CMR 131

No. 19,762

February 10, 1967

*512
      *Lieutenant J. Arthur Bruno,*USNR, was on the pleadings for Appellant, Accused.

*Lieutenant (jg) Charles Freeland,*USNR, was on the pleadings for Appellee, United States.

Opinion of the Court

Kilday, Judge:

Appellant was arraigned before a special court-martial convened at the U. S. Naval Station, Treasure Island, San Francisco, California, charged with absence without leave, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886. He pleaded guilty and was found guilty as charged. He was sentenced to bad-conduct discharge, confinement at hard labor for three months, forfeiture of $83.00 per month for three months, and reduction to the grade of private E-l. Both the convening and supervisory authorities approved the sentence as adjudged. A board of review in the office of the Judge Advocate General of the Navy affirmed the finding of guilty and the sentence.

This record of trial reveals that while the president of the court correctly instructed the court members as to the maximum imposable punishment, he did not inform them that the bad-conduct discharge was imposable only because of two previous convictions. This was error. Review of the record discloses the situation presented here is substantially identical to that involved in United States v Ferree, 16 USCMA 506, 37 CMR 126, this day decided. Our opinion in that case is controlling.

Accordingly, the decision of the board of review as to the sentence is reversed, and the record of trial is returned to the Judge Advocate General of the Navy for further action. The board of review may affirm a sentence which does not include a bad-conduct discharge or a rehearing may be ordered on the penalty.

Judge Ferguson concurs.

Chief Judge QUINN concurs in the result.
# C_2008112EN.01003101.xml

| 7.5.2008 | EN | Official Journal of the European Union | C 112/31 |
| --- | --- | --- | --- |

7.5.2008

EN

Official Journal of the European Union

C 112/31

---

Call for expression of interest for the setting up of a list of external experts for evaluation activities in connection with the following programmes: Intelligent Energy — Europe, Eco-Innovation and Marco Polo

(2008/C 112/15)

The Executive Agency for Competitiveness and Innovation (EACI) is hereby launching a call for expression of interest for setting up a list of external experts for evaluation activities in connection with the three above-mentioned programmes.

Information on the modalities of the call is available on:

http://ec.europa.eu/eaci

---
Exhibit 3.1

** **

**CERTIFICATE OF FORMATION**

** **

**OF**

** **

**AMERICAN HONDA RECEIVABLES LLC**

 

This Certificate ofFormation of American Honda Receivables LLC(the “**Company**”),dated as of March 16, 2011, is duly executed and filed to form a limited liability company in accordance with the Delaware LimitedLiability Company Act (6 Del. C. §18-201, et seq.).

 

1.         Name.The name of the limited liability company is American Honda Receivables LLC.

 

2.         RegisteredOffice. The address of its registered office in the State of Delaware is c/o The Corporation Trust Company, 1209 Orange Street,in the City of Wilmington, County of New Castle, 19801.

 

3.         RegisteredAgent. The name and address of its registered agent for service of process in the State of Delaware is The Corporation TrustCompany, 1209 Orange Street, in the City of Wilmington, County of New Castle, 19801.

** **

**IN WITNESS WHEREOF**,the undersigned has executed this Certificate of Formation of American Honda Receivables LLC as of the 16th day of March, 2011.

** **
Amendment no. 5 to the Advisory Agreement



 EXHIBIT 10.13 
 AMENDMENT NO. 5 
 TO THE 
 ADVISORY AGREEMENT 
 This amendment no. 5 to the Advisory Agreement dated as of
November 8, 2007 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the
“Advisor”), is entered as of August 12, 2008 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement. 
 WHEREAS, upon the terms set forth in this Amendment, the Advisor has agreed to amend and restate Article 16 of the Advisory Agreement and advance funds
to the Company upon the terms set forth below. 
 NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
agreements contained herein, the parties hereto agree that Article 16 of the Advisory Agreement is hereby amended and restated in its entirety as follows: 
 ADVANCE 
 Notwithstanding anything contained in Article 9 of this Agreement to the contrary, the Advisor
hereby agrees to advance funds (the “Advance”) to the Company equal to the amount by which the cumulative amount of distributions declared by the Company from January 1, 2006 through the period ending October 31, 2008 exceeds the
amount of the Company’s funds from operations (as defined by NAREIT) from January 1, 2006 through October 31, 2008. Advisor further agrees that the Company will only be obligated to reimburse the Advisor for the Advance if and to the
extent that the Company’s cumulative funds from operations for the period commencing January 1, 2006 through the date of any such reimbursement exceed the lesser of (i) the cumulative amount of any distributions declared and payable
to the Company’s Stockholders as of the date of such reimbursement or (ii) an amount that is equal to a 7.0% cumulative, non-compounded, annual return on Invested Capital for the Company’s Stockholders for the period from
July 18, 2006 through the date of such reimbursement. Advisor understands and agrees that no interest shall accrue on the Advance being made under this Agreement. 
  

Signature page follows. 







 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above
written. 
  
  

											
		 		 	KBS REAL ESTATE INVESTMENT TRUST, INC.
				
		 		 	  By:	 	   /s/ Charles J. Schreiber, Jr.

		 		 		 	Charles J. Schreiber, Jr., Chief Executive Officer
			
		 		 	KBS CAPITAL ADVISORS LLC
				
		 		 	  By:	 	 Schreiber Real Estate Investments, L.P., a Manager

					
		 		 		 	            By:	 	Schreiber Investments, LLC, as general partner
						
		 		 		 		 	By:	 	   /s/ Charles J. Schreiber, Jr.

		 		 		 		 		 	Charles J. Schreiber, Jr., Manager
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EX-10.6






Exhibit 10.6




June 5, 2008




Winton Capital Management

1a. St. Mary Abbot’s Place

Kensington, London W86LS,

U.K.




Attention: Mr. Martin Hunt




          Re:      Management Agreement Renewals




Dear Mr. Hunt:



We are writing with respect to your management agreements concerning the commodity pools to which
reference is made below (the “Management Agreements”). We are extending the term of the Management
Agreements through June 30, 2009 and all other provisions of the Management Agreements will remain
unchanged.





	 	•	 	Smith Barney Diversified Futures Fund L.P.
	 
	 	•	 	SSB Orion Futures Fund L.P.
	 
	 	•	 	CMF Winton Feeder LP I
	 
	 	•	 	CMF Winton Master Fund L.P.
	 
	 	•	 	Citigroup Diversified Futures Fund L.P.
	 
	 	•	 	AURORA III
	 
	 	•	 	CMF Institutional Futures Portfolio LP
	 
	 	•	 	Citigroup Abingdon Futures Fund L.P.
	 
	 	•	 	Citigroup Global Futures Fund Ltd.




Please acknowledge receipt of this modification by signing one copy of this letter and returning it
to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have
any questions I can be reached at 212-559-5046.




Very truly yours,




CITIGROUP MANAGED FUTURES LLC




	 	 	 	 	 
	By:

	 	/s/ Jennifer Magro
 

Jennifer Magro
	 	 
	 

	 	Chief Financial Officer & Director	 	 
	 
	 	 	 	 
	WINTON CAPITAL MANAGEMENT	 	 
	 
	 	 	 	 
	By:

	 	/s/ Martin Hunt
 

	 	 
	Print Name: Martin Hunt, Director	 	 
	JM/sr
#### Jackson-Marcus Trading Co. *v.*United States

No. 7385.

Invoice dated London, England, March 26, 1946.

Entered at New York, N. Y., May 1, 1946.

Entry No. 756670.

(Decided September 24, 1947)

*iSiegel, Mandell & Davidson*for the plaintiff.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

*254Odiver, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
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