alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE> 5
<RESTATED>

<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996             DEC-31-1995
<PERIOD-END>                               DEC-31-1996             DEC-31-1995
<CASH>                                          12,849                  29,980
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   25,785                  16,154
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     45,255                  25,991
<CURRENT-ASSETS>                                87,121                  73,680
<PP&E>                                         115,812                  65,958
<DEPRECIATION>                                  87,115                  47,292
<TOTAL-ASSETS>                                 451,295                 334,660
<CURRENT-LIABILITIES>                           80,728                  55,947
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       238,021                 202,005
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                   451,295                 334,660
<SALES>                                         49,717                  25,536
<TOTAL-REVENUES>                               302,342                 149,430
<CGS>                                           30,707                  14,769
<TOTAL-COSTS>                                  263,924                 131,893
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               4,136                 (1,124)
<INCOME-PRETAX>                                 34,282                  18,661
<INCOME-TAX>                                    13,652                   6,875
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                   2,560
<NET-INCOME>                                    20,630                   9,226
<EPS-PRIMARY>                                     0.60                    0.28
<EPS-DILUTED>                                     0.59                    0.28


</TABLE>
<PAGE>   1
                                                                     Exhibit 3.3

                                  AMENDMENT TO

                              AMENDED AND RESTATED

                                     BYLAWS

                                       OF

                                  MP3.COM, INC.

                             a Delaware corporation

            WHEREAS, the Board of Directors has previously adopted the Amended
and Restated Bylaws of the Corporation (the "Bylaws");

            WHEREAS, pursuant to the Bylaws, the Board of Directors has the
power to adopt, amend, or repeal the bylaws of the Corporation; and

            WHEREAS, the Board of Directors now desires to amend the Bylaws to
remove the clause in Section 6(a) of the Bylaws permitting the holders of 10% or
more of the Corporation's voting stock to call, for any purpose or purposes,
special meetings of the stockholders of the Corporation.

            NOW, THEREFORE, the Bylaws are hereby amended as follows:

            1. Special Meetings. Section 6(a) of the Bylaws shall be deleted in
its entirety and shall be replaced with the following:

            "(a) Special meetings of the stockholders of the corporation may be
            called, for any purpose or purposes, by (i) the Chairman of the
            Board of Directors, (ii) the Chief Executive Officer, or (iii) the
            Board of Directors pursuant to a resolution adopted by a majority of
            the total number of authorized directors (whether or not there exist
            any vacancies in previously authorized directorships at the time any
            such resolution is presented to the Board of Directors for
            adoption)."

            2. Miscellaneous. After the date of this Amendment, each reference
in the Bylaws to the Bylaws shall mean and refer to the Bylaws as amended
hereby. Except as provided in this Amendment, the Bylaws shall remain in full
force and effect and are hereby ratified and confirmed.
124 STAT. 3282 PUBLIC LAW 111–307—DEC. 14, 2010 

LEGISLATIVE HISTORY—S. 1421: 

SENATE REPORTS: No. 111–181 (Comm. on Environment and Public Works). 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Nov. 17, considered and passed Senate. 

Dec. 1, considered and passed House. 

Æ 

Public Law 111–307 

111th Congress 

An Act 

To amend section 42 of title 18, United States Code, to prohibit the importation 

and shipment of certain species of carp. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress asssembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Asian Carp Prevention and 

Control Act’’. 

SEC. 2. ADDITION OF SPECIES OF CARP TO THE LIST OF INJURIOUS 

SPECIES THAT ARE PROHIBITED FROM BEING IMPORTED 

OR SHIPPED. 

Section 42(a)(1) of title 18, United States Code, is amended 

by inserting ‘‘of the bighead carp of the species Hypophthalmichthys 

nobilis;’’ after ‘‘Dreissena polymorpha;’’. 

Approved December 14, 2010. 

18 USC 1 note. 

Asian Carp 

Prevention and 

Control Act. 

Dec. 14, 2010 

[S. 1421] 


etreine on DSKHP91DQ1 with PUBLIC LAWS
Exhibit 32.2

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 Quarterly Report of NetScout Systems, Inc. (the Company) on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, David P. Sommers, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                         
|---------------------------------------------------------
|                                                         
|/s/ David P. Sommers                                     
|David P. Sommers Chief
Financial Officer November 9, 2010
CH

IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0337

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ISAIAH JAMES PEHRINGER,

Defendant and Appellant.

GRANT OF EXTENSION

Upon consideration of Appellee’s motion for a 30-day extension of time,

and good cause appearing therefor, Appellee is granted an extension of time to

and including January 13, 2023, within which to prepare, file, and serve the State’s

response brief.

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

December 12 2022

12/12/2022

Case Number: DA 21-0337
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title: Motorvehicle use map. Beaverhead-Deerlodge NF, Montana**
 
2012:North Gravely Mtns. | South Gravely Mtns. | Tobacco Root Mtns.
2013:North Gravely Mtns. | South Gravely Mtns. | Tobacco Root Mtns.
2017:North Gravely Mtns. | South Gravely Mtns. | Tobacco Root Mtns.
 
SuDoc Number:A 13.28: B 38/6/
Item Number:0080-G (online)
CGP systemNumber:000912126
 
June 28, 2018
Electronically FiledIntermediate Court of Appeals3049515-NOV-201209:39 AM
#### William P. YOUNG, Appellant, v. STATE of Florida, Appellee.

No. 69-621.

District Court of Appeal of Florida, Second District.

June 5, 1970.

Appeal dismissed.
```
[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Page 52984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26954]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-153-007]

Granite State Gas Transmission, Inc.; Notice of Proposed Changes 
in FERC Gas Tariff

October 6, 1997.
    Take notice that on October 1, 1997, Granite State Gas 
Transmission, Inc. (Granite State), tendered for filing a part of its 
FERC Gas Tariff, Third Revised Volume No. 1, the revised tariff sheets 
listed below in for effectiveness on November 1, 1997:

Second Substitute First Revised Sheet No. 202
Substitute First Revised Sheet No. 205
Substitute First Revised Sheet No. 210
Substitute First Revised Sheet No. 211
Substitute First Revised Sheet No. 273
Substitute First Revised Sheet No. 274
Substitute First Revised Sheet No. 305

    According to Granite State, the purpose of its filing is to make 
effective as of November 1, 1997, the revised tariff sheets listed 
above which were submitted to the Commission pro forma on July 28, 
1997, pursuant to an order issued June 26, 1997 in Docket No. RP97-153-
002 which required Granite State to refile the above tariff sheets for 
review for their compliance with Order No. 587-C and particularly GISB 
Standards Version 1.1.
    Granite State states that copies of its filing were served on its 
firm and interruptible customers, the regulatory agencies of the States 
of Maine, Massachusetts and New Hampshire, and the intervenor in Docket 
No. RP97-137-000.
    Any person desiring to protest this filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street NE., 
Washington, DC 20426, in accordance with Section 385.211 of the 
Commission's Rules and Regulations. All such protests must be filed as 
provided in section 154.210 of the Commission's Regulations. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make protestants parties to 
the proceeding. Copies of this filing are on file with the Commission 
and are available for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-26954 Filed 10-9-97; 8:45 am]
BILLING CODE 6717-01-M
```
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ROZA KHACHATUROVA; SEVAK

PAPANYAN,

 Petitioners,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-70045

Agency Nos. A098-469-175

 A099-044-495

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 13, 2010** 

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

Roza Khachaturova, a native of Azerbaijan and citizen of Armenia, and

Sevak Papanyan, a native and citizen of Armenia, petition for review of the Board

of Immigration Appeals’ order dismissing their appeal from an immigration

judge’s decision denying their applications for asylum, withholding of removal,

FILED

SEP 24 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-70045

and protection under the Convention Against Torture (“CAT”). We have

jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual

findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir. 2009). We deny the

petition for review.

The record does not compel the conclusion that the threat Khachaturova

received from police in 2000, or the interrogation and mistreatment she received by

police in 2004, even considered cumulatively, rise to the level of persecution. 

Prasad v. INS, 47 F.3d 336, 340 (9th Cir. 1995). Accordingly, substantial

evidence supports the agency’s past persecution finding. See id.; Hoxha v.

Ashcroft, 319 F.3d 1179, 1182 (9th Cir. 2003) (“Although [petitioner’s]

experiences are disturbing and regrettable, they do not evince actions so severe as

to compel a finding of past persecution.”). Substantial evidence also supports the

agency’s finding that petitioners have failed to show a well-founded fear of future

persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Cir. 2003).

Because Khachaturova failed to establish eligibility for asylum, it

necessarily follows that she cannot meet the more stringent standard for

withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir.

2006).
3 09-70045

Finally, substantial evidence supports the agency’s denial of CAT relief

because Khachaturova failed to show it is more likely than not that she would be

tortured if removed to Indonesia. See Wakkary, 558 F.3d at 1067-68.

We decline to review materials that are not part of the administrative record. 

See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc).

PETITION FOR REVIEW DENIED.
* Pursuant to 5 TH 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 5 TH C IR
. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 13, 2007 Charles R. Fulbruge III Clerk 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-20394 Summary Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. ADESHINA OLANREWAJU LAWAL Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:04-CR-517-ALL
Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges. PER CURIAM: * Adeshina Olanrewaju Lawal appeals his convictions and sentences for attempting bank fraud, possessing a forged or counterfeit security, and aiding and abetting the same. He argues that the district court erred by denying his requestedjury instruction on thedefenseofentrapment; enhancing hissentence for obstruction of justice; and enhancing his sentence because a substantial portion of his fraudulent scheme occurred outside of the United States.No. 06-20394

2 The district court was not required to instruct Lawal’sjury on the defense of entrapment. Although Lawal’s trial testimony indicated that he was pressured by a Government informant during the course of his offense, Lawal unequivo

cally stated that he agreed to participate in the offense only after a third party threatened his life. Lawal did not make a prima facie showing of evidence sufficient to support a reasonable jury's finding of entrapment. See United States v. Ogle , 328 F.3d 182, 185-88 (5th Cir. 2003). The district court did not err by enhancing Lawal’s sentence pursuant to U.S.S.G.§ 3C1.1 for obstruction of justice. T he district court’s finding that Lawal’s sworn post-arrest statement and Lawal’s trial testimony were inconsistent was plausible in light of the record as a whole. See United States
v. Creech, 408 F.3d 264, 270 (5th Cir.), cert. denied, 126 S. Ct. 777 (2005). Committing perjury is conduct for which the enhancement may be applied. I d. at 270-71; § 3C1.1, comment. (n.4(b))

. Fi nally, the district court did not err by enhancing Lawal’s sentence pursuant to U.S.S.G. § 2B1.1(b)(9)(B), based on a finding that a substantial part of his fraudulent scheme w as committed from outside the United States. The finding was plausible in light of the record read as a whole. AFFIRMED.
#### J. W. WHITTENTON, Sr., et ux., Appellants, v. CITY OF NEW SMYRNA BEACH, Appellee.

No. EE-59.

District Court of Appeal of Florida, First District.

Nov. 4, 1977.

Rehearing Denied Dec. 1, 1977.

Richard S. Graham of Landis, Graham, French, Husfeld, Sherman & Ford, P. A., Daytona Beach, for appellants.

Charles A. Hall, New Smyrna Beach, for appellee.

SMITH, Acting Chief Judge.

Viewed in a light favorable to the City, the evidence supports the trial court’s decision that the City is not estopped to enforce its zoning ordinance proscribing the use of appellants’ house by paying boarders. The evidence on the elements of estoppel was conflicting and did not establish appellants’ right to continued use as a matter of law. *City of North Miami v. Margulies,*289 So.2d 424 (Fla. 3d DCA 1974).

AFFIRMED.

ERVIN and MELVIN, JJ., concur.
#### Paul PITZER, Appellant, v. STATE of Florida, Appellee.

No. 69-37.

District Court of Appeal of Florida. Second District.

Sept. 3, 1969.

PER CURIAM.

Affirmed.
[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Page 54124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27575]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[UT-912-08-0777-52]


Notice of Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of meeting of the Utah Resource Advisory Council.

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

SUMMARY: A meeting of the Utah Resource Advisory Council (RAC) will be 
held November 7, 1997, from 8:00 a.m. until 3:00 p.m. at the Provo Park 
Hotel, 101 West 100 North in Provo, Utah. The purpose of this meeting 
is to review and accept, by the RAC, the fire rehab methods and 
policies which will then be submitted to the State Director for 
implementation. We will also discuss recreation issues across the 
state.
    Resource Advisory Council meetings are open to the public; however, 
transportation, meals, and overnight accommodations are the 
responsibility of the participating public. A public comment period has 
been scheduled from 2:30-3:00 p.m.

FOR FURTHER INFORMATION: Anyone interested in attending the meeting or 
wanting to address the Council, should contact Sherry Foot at the 
Bureau of Land Management, Utah State Office, 324 South State Street, 
Salt Lake City, Utah, 84111 or by calling (801) 539-4195.

    Dated: October 9, 1997.
Ted Stephenson,
Acting. State Director.
[FR Doc. 97-27575 Filed 10-16-97; 8:45 am]
BILLING CODE 4310-DQ-P
<PAGE>
 
 
                                                                    EXHIBIT 23.1

              Consent of Independent Certified Public Accountants

     THE COMPANY HAS BEEN UNABLE TO OBTAIN AN AUDIT OPINION ON THE FINANCIAL
STATEMENTS AND NOTES THERTO FROM ITS INDEPENDENT AUDITOR PRINCIPALLY AS A
RESULT OF THE INDEPENDENT AUDITOR'S CONCERN OVER THE ABILITY OF THE COMPANY TO
CONTINUE AS A GOING CONCERN. CONSEQUENTLY, THE FINANCIAL STATEMENTS AND NOTES
THERETO, SELECTED FINANCIAL DATA, AND MANAGEMENT'S DISCUSSION AND ANALYSIS OF
FINANCIAL CONDITION AND RESULTS OF OPERATIONS, HEREIN CONTAINED ARE PRESENTED AS
UNAUDITED. THE READER OF THE FINANCIAL STATEMENTS, NOTES, SELECTED FINANCIAL
DATA, AND MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND
RESULTS OF OPERATIONS SHOULD CAREFULLY CONSIDER THE LACK OF AN INDEPENDENT
AUDITORS ATTESTATION TO THE FINANCIAL CONDITION AND RESULTS OF OPERATIONS OF THE
COMPANY FOR DECEMBER 27, 1997 PRESENTED IN THIS FORM 10-K.
#### Blondell BRIGHT and Clarence Warmack as guardian of Ruth Naomi Warmack, Appellants, v. The HANOVER INSURANCE COMPANY, Appellee.

No. 69-585.

District Court of Appeal of Florida, Second District.

June 5, 1970.

Rehearing Denied July 15, 1970.

Delano S. Stewart, Tampa, for appellants.

Edward M. Waller, Jr., of Fowler, White, Gillen, Humkey & Kinney, Tampa, for ap-pellee.

MANN, Judge.

Our opinion that Tampa is a heavenly place is reinforced by the complaint, which alleges that plaintiffs’ mother died in June, 1965 and that in August, 1965 the defendant “duly executed and delivered to plaintiffs’ mother at Tampa, Florida” a policy of insurance purporting to protect a home against fire, which destroyed it in April, 1967. It is undisputed that plaintiffs are the devisees of the property. Summary judgment was entered for the defendant on the theory that plaintiffs were not the named insured and could not recover without reformation of the policy. That such reformation is possible has been clear since Taylor v. Glens Falls Ins. Co., 1902, 44 Fla. 273, 32 So. 887. That it should have been prayed for in this proceeding is obvious. That it could have been is shown by our present Rules, which provide for the merger of legal and equitable claims in a single action. Fla.R.Civ.P. 1.040, 30 F.S.A. See Note, Merger of Law and Equity in Florida — Problems and Proposals, 1967, 20 U.Fla.L.Rev. 173.

Reversed and remanded.

LILES, A. C. J., and McNULTY, J., concur.
#### William WIMS, Appellant, v. STATE of Florida, Appellee.

No. L-231.

District Court of Appeal of Florida. First District.

Oct. 28, 1969.

William Wims, in pro. per.

Earl Faircloth, Atty. Gen., and Michael J. Minerva, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
259 La. 67

#### Mr. and Mrs. Earl JAMES v. TRAVELERS INDEMNITY COMPANY et al.

No. 51500.

Supreme Court of Louisiana.

June 23, 1971.

In re: Travelers Indemnity Company, John E. Ruiz and Andrew Mourginnis applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 247 So.2d 210.

Writ refused. On the facts found by the Court of Appeal, there is no error of law in its judgment.