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

FOR THE FIFTH CIRCUIT

No. 13-40869

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RUBEN DE LA GARZA,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:12-CR-1098-1

Before CLEMENT, PRADO, and ELROD, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Ruben De La Garza

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). De La Garza has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

* 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

August 29, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-40869 Document: 00512751056 Page: 1 Date Filed: 08/29/2014
No. 13-40869

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

 Case: 13-40869 Document: 00512751056 Page: 2 Date Filed: 08/29/2014
**Exhibit 10.21**

 

**DESCRIPTION OF COMPENSATORY ARRANGEMENTS**

**BETWEEN VARIAN, INC. AND NON-EMPLOYEE DIRECTORS**

 

Each director (other than the Chairman of the Board) who is not a Company employee is paid an annual retainer fee of $30,000. Each non-employee directoris also paid $2,000 for each Board meeting attended in person, $1,000 for each Board meeting attended by telephone and $1,500 for each Board committee meeting attended in person or by telephone. The non-employee director who chairs the AuditCommittee of the Board is paid an additional annual retainer fee of $15,000. The non-employee directors who chair the Compensation and the Nominating and Governance Committees of the Board are each paid an additional annual retainer fee of $7,500.The non-employee Chairman of the Board is paid an annual retainer fee of $120,000 (in lieu of any other annual cash retainer, committee chair retainer and meeting attendance fees). 

 

Under the Company’s Omnibus Stock Plan, each director who is not a Company employee receives upon initial appointmentor election to the Board a nonqualified stock option to acquire 10,000 shares of the Company’s common stock, and receives annually thereafter (for so long as he or she continues to serve a non-employee director) a nonqualified stock option toacquire 5,000 shares of the Company’s common stock. In lieu of these grants, the non-employee Chairman of the Board receives upon initial appointment as such a nonqualified stock option to acquire 50,000 shares of the Company’s commonstock. All such stock options are granted with an exercise price equal to the fair market value of the Company’s common stock on the grant date, are vested and exercisable beginning on the grant date and have a ten-year term. 

 

Under the Company’s Omnibus Stock Plan, each director who is not aCompany employee is also granted annually (for so long as he or she continues to serve a non-employee director) stock units with an initial value equal to $25,000, based on the fair market value of the Company’s common stock on the grant date.The stock units vest and are paid upon termination of the director’s service on the Board of Directors, and are satisfied by issuance of shares of the Company’s common stock. 

 

Directors may elect to receive, in lieu of all or a portion of the retainer, chairman or meeting fees described above,shares of the Company’s common stock based on the fair market value of the Company’s common stock on the date the fees would have been paid. 

 

Each director is reimbursed for all reasonable out-of-pocket expenses that such director and his or her spouse incurs attending Board meetings andfunctions.
EXHIBIT 12.1


                       PDV AMERICA, INC. AND SUBSIDIARIES

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                          Year Ended December 31,
                                         ---------------------------------------------------------
                                          1996         1995         1994         1993         1992
                                         ------       ------       ------       ------       -----
                                                           (Dollars in Thousands)
<S>                                    <C>          <C>          <C>          <C>          <C>      
Income before provision
   for income taxes                    $ 215,781    $ 226,482    $ 322,940    $ 252,373    $ 174,212

   Equity earnings in excess of
     distributions                        (8,672)     (19,090)     (14,991)     (11,828)     (19,166)

   Equity in losses of certain
     investees                             5,245        5,187           68          183           98

   Interest                              194,362      186,546      157,575      136,857      120,368

   Amortization of previously
     capitalized interest                  3,600        3,440        3,039        2,433        2,849

   Portion of rent representative of
     interest factor                      11,000       10,928       11,305       11,173       11,522
                                       ---------    ---------    ---------    ---------    ---------

     Total earnings                    $ 421,316    $ 413,493    $ 479,936    $ 391,191    $ 289,883
                                       =========    =========    =========    =========    =========

Fixed charges

   Interest expense                    $ 194,362    $ 186,546    $ 157,575    $ 136,857    $ 120,368

   Capitalized interest                   12,000        5,000       12,000        4,000        7,000

   Portion of rent representative of
     interest factor                      11,000       10,928       11,305       11,173       11,522
                                       ---------    ---------    ---------    ---------    ---------
                                                                                           ---------
     Total fixed charges               $ 217,362    $ 202,474    $ 180,880    $ 152,030    $ 138,890
                                       =========    =========    =========    =========    =========

Ratio of earnings to fixed charges        1.94 x       2.04 x       2.65 x       2.57 x       2.09 x
</TABLE>
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Sal Perisano, certify that:

 

1.                                       Ihave reviewed this quarterly report on Form 10-Q of iParty Corp.;

 

2.                                       Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.                                       Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.                                       Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b) [Paragraph omitted in accordance with theSEC transition instructions contained in SEC Release 34-47986];

 

c) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

d) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5.                                       Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to affect the registrant’s ability torecord, process, summarize and report financial information; and

 

b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 

Date:  November 9, 2004

 
|   | /s/ SAL PERISANO        |   |
|--------|-------------------------|--------|
|   | Sal Perisano            |
|   | Chief Executive Officer |

 

----
[Federal Register Volume 62, Number 215 (Thursday, November 6, 1997)]
[Notices]
[Page 60109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29320]



[[Page 60109]]

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

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463 as amended), the National Science Foundation announces the 
following meetings:

    Name and Committee Code: Special Emphasis Panel in Materials 
Research #1203.
    Date & Time: November 25, 1997; 9:00 am-5:00 pm.
    Place: NSF Conference Room 1060, 4201 Wilson Boulevard, 
Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Carmen Huber, Program Director, Division of 
Materials Research, Room 1065, National Science Foundation, 4201 
Wilson Boulevard, Arlington, VA 22230, Telephone: (703) 306-1996.
    Purpose of Meeting: To provide advice and recommendations 
concerning support for the 1998 Research Experience for 
Undergraduates (REU) Site competition in the area of materials 
research.
    Agenda: To review and evaluate proposals submitted to NSF as a 
part of the selection process for awards.
    Reason for Closing: The activity being evaluated may include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries and personal 
information concerning individuals associated with the proposals. 
These matters are exempt under 5 U.S.C. 552b.(c) (4) and (6) of the 
Government in the Sunshine Act.

    Dated: October 31, 1997.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 97-29320 Filed 11-5-97; 8:45 am]
BILLING CODE 7555-01-M
#### FLORIDA PUBLIC UTILITIES COMPANY, a Florida corporation, Appellant, v. Elizabeth L. TORRANCE, Appellee.

No. 69-202.

District Court of Appeal of Florida. Fourth District.

Jan. 21, 1970.

PER CURIAM.

Affirmed.
EXHIBIT 23

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

         We consent to the  incorporation  by  reference  in this Annual  Report
(Form 10-K) of Actel  Corporation  of our report dated January 21, 2000,  except
for the  second  paragraph  of Note 15, as to which the date is March 31,  2000,
included in the 1999 Annual Report to Shareholders of Actel Corporation.

         Our audits also  included  the  financial  statement  schedule of Actel
Corporation  listed in Item 14(a).  This schedule is the  responsibility  of the
Company's  management.  Our responsibility is to express an opinion based on our
audits. In our opinion, the financial statement schedule referred to above, when
considered in relation to the basic  financial  statements as a whole,  presents
fairly in all material respects the information set forth therein.

         We also consent to the  incorporation  by reference in the Registration
Statements  (Form  S-8 No.  33-74492,  Form S-8 No.  333-3398,  and Form S-8 No.
333-71627) of our report dated January 21, 2000, except for the second paragraph
of Note  15,  as to which  the  date is March  31,  2000,  with  respect  to the
consolidated financial statements of Actel Corporation incorporated by reference
in its Annual Report (Form 10-K) for the year ended  December 31, 1999,  and our
report  included  in the  preceding  paragraph  with  respect  to the  financial
statement  schedule  included  in  this  Annual  Report  (Form  10-K)  of  Actel
Corporation.

                                                           /s/ Ernst & Young LLP

San Jose, California
March 31, 2000
# C_2005172EN.01002301.xml

| 12.7.2005 | EN | Official Journal of the European Union | C 172/23 |
| --- | --- | --- | --- |

12.7.2005

EN

Official Journal of the European Union

C 172/23

---

Non-opposition to a notified concentration

(Case COMP/M.3839 — Access Industries/Basell)

(2005/C 172/11)

(Text with EEA relevance)

On 4 July 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32005M3839. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3839. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---
EXHIBIT 32.1



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 StanCorp Financial Group, Inc. (the Company) on Form 10-Q for the quarter ended June
30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Eric E. Parsons, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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.



|                                               
|-----------------------------------------------
|Dated: August 8, 2005                          
|                                               
|/s/ ERIC E. PARSONS                            
|Eric E. Parsons                                
|Chairman, President and Chief Executive Officer
EXHIBIT 32.1



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 StanCorp Financial Group, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Eric E. Parsons, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 (15 U.S.C. 78m or 78o(d)); and



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



|                                               
|-----------------------------------------------
|Dated:  August 5, 2004                         
|                                               
|/s/    ERIC E. PARSONS                         
|Eric E. Parsons                                
|Chairman, President and Chief Executive Officer



A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to
StanCorp Financial Group, Inc. and will be retained by StanCorp Financial Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
August 24, 2004 

Refer to: HSA-10/B-128 

Mr. Byron Berger 

Acting Chief 

Roadside Safety Technology Branch 

Materials Engineering and Testing Services 

5900 Folsom Boulevard 

Sacramento, California 95819-4612 

Dear Mr. Berger: 

In Mr. Sudhakar Vatti’s July 12 letter, he requested formal acceptance by the Federal 

Highway Administration of a see-through, combination steel post and beam bridge rail 

called the California ST-20S. This design, shown in Enclosure 1, was based on a 

previously accepted Wyoming DOT design for a test level 4 (TL-4) bridge rail and a 

modified version of your crash-tested ST-20 design. In your test, there was some hood 

snagging observed with the pickup truck, so you increased the rail face to post face 

distance in the ST-20S to reduce the likelihood of this occurrence. The final ST-20S 

design consists of four horizontal box-beam rail elements, the top and bottom ones being 

TS 203 x 76 x 7.9 structural tubes, and the middle two being TS 203 x 102 x 7.9 tubes. 

The summary results of the test you ran are shown in Enclosure 2. 

Since your design uses thicker steel plate posts, has a greater rail offset then the 

Wyoming TL-4 rail, and has a lesser opening between the lower rail elements, you did 

not believe it necessary to conduct the small car test. Similarly, because the ST-20S is 

1185-mm high (excluding the additional 187-mm tall top bicycle rail) versus the 830-mm 

high Wyoming design, you did not conduct the single-unit truck test. I concur that both 

of these tests can be waived based on the performance of the Wyoming design and on the 

differences between the two designs. 

Therefore, the ST-20S design may be considered an NCHRP Report 350 bridge rail at 

TL-4 and used on the National Highway System when selected by the appropriate 

transportation authority. I assume that anyone needing detailed drawings and material 

specifications can obtain this information directly from your office. 

 

Sincerely yours, 

 

 /Original Signed by Harry W. Taylor/ 

 ~for~ 

John R. Baxter, P.E. 

 Director, Office of Safety Design 

 Office of Safety 

2 Enclosures 




2 TECHNICAL DISCUSSION

23

Figure 2-23 - Test 651 Data Summary Sheet

t = 0.000 t = 0.026 t = 0.052 t = 0.078

t = 0.104 t = 0.130 t = 0.156 t = 0.182

General Information:

Test Agency California DOT

Test Number 651

Test Date September 30, 2003

Test Article: 

Name ST-20 Bridge Rail

Installation Length 13.2 m

Description 1372 mm-tall, steel, seethrough bridge rail on a

simulated bridge deck

Test Vehicle:

Model 1992 Chevy 2500

Inertial Mass 1961 kg

Impact Conditions:

Velocity 100.4 km/h 

Angle °26

Exit Conditions:

Velocity 83 km/h 

Angle 0°

Trajectory ................. 8°

Test Dummy:

Type NA

Weight / Restraint NA

Position NA 

Vehicle Interior: 

OCDI RF0001000

VDS5 ........................ FR-4

CDC6 ........................ 02RFEW6

Occupant Risk Values Longitudinal Lateral

Occupant Impact Velocity 6.18 m/s Not avail.

Ridedown Acceleration -7.00 g Not avail.

The vehicle exited smoothly. The front right tire

was locked up, but the vehicle continued to track off of

the left front wheel.
p110224.eng Health: 1-2 Dermal, Inhalation Eco: 2 Water (All releases to water with a CC = 320 ppb.)

OCCUPATIONAL EXPOSURE RATING: 2-3A

NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER.

INITIAL REVIEW ENGINEERING REPORT

PMN: 11-0224

Page 2p110224.eng

Page 3p110224.eng

INITIAL REVIEW ENGINEERING REPORT

PMN: 11-0224

Page 4p110224.eng

Page 5p110224.eng

Page 6
EXHIBIT 32.2 – CFO
Certification








ROYAL INVEST INTERNATIONAL
CORP.





CERTIFICATION PURSUANT
TO


18 U.S.C. SECTION
1350,


AS ADDED BY


SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002








In
connection with the Quarterly Report of Royal Invest
International Corp. (the "Company") on Form 10-Q for the quarter ended
March 31, 2008 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Nathan Lapkin, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C.ss. 1350, as added by ss. 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 as of and for
the period covered by the Report.





By: /s/ Nathan
Lapkin


Nathan
Lapkin


Chief
Financial Officer





May 20,
2008





A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 ("Section 906"), or other document authenticating, acknowledging, or
otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been
provided to Royal Invest International Corp., and will be retained by Royal
Invest International Corp. and furnished to the Securities and Exchange
Commission or its staff upon request.
Date,"LT COMPOSITE (>10 Yrs)","TREASURY 20-Yr CMT"
03/06/2024,4.33,4.36
03/05/2024,4.37,4.39
03/04/2024,4.46,4.48
03/01/2024,4.43,4.46
02/29/2024,4.48,4.51
02/28/2024,4.51,4.53
02/27/2024,4.55,4.57
02/26/2024,4.51,4.53
02/23/2024,4.49,4.51
02/22/2024,4.57,4.58
02/21/2024,4.59,4.59
02/20/2024,4.54,4.56
02/16/2024,4.55,4.58
02/15/2024,4.51,4.54
02/14/2024,4.54,4.57
02/13/2024,4.57,4.59
02/12/2024,4.46,4.48
02/09/2024,4.46,4.48
02/08/2024,4.45,4.47
02/07/2024,4.39,4.41
02/06/2024,4.37,4.39
02/05/2024,4.44,4.46
02/02/2024,4.31,4.33
02/01/2024,4.18,4.21
01/31/2024,4.30,4.34
01/30/2024,4.37,4.40
01/29/2024,4.39,4.42
01/26/2024,4.47,4.49
01/25/2024,4.47,4.49
01/24/2024,4.50,4.52
01/23/2024,4.46,4.48
01/22/2024,4.41,4.44
01/19/2024,4.45,4.47
01/18/2024,4.46,4.48
01/17/2024,4.40,4.42
01/16/2024,4.40,4.43
01/12/2024,4.28,4.32
01/11/2024,4.28,4.32
01/10/2024,4.31,4.35
01/09/2024,4.29,4.33
01/08/2024,4.28,4.33
01/05/2024,4.32,4.37
01/04/2024,4.25,4.30
01/03/2024,4.16,4.21
01/02/2024,4.20,4.25