alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Gerald David MANCINI, Defendant—Appellant.

No. 01-16354.

D.C. Nos. CV-00-06205-REC CR-95-05205-REC.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 2002.*

Decided Aug. 16, 2002.

Before SCHROEDER, Chief Judge, TASHIMA and RAWLINSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Gerald Mancini appeals pro se the district court’s order denying his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence for narcotics violations. Mancini contends that *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), renders his sentence unconstitutional. We recently held that the rule announced in *Apprendi*does not apply retroactively to cases on initial col*273lateral review. *United States v. Sanchez-Cervantes,*282 F.3d 664 (9th Cir.2002). The district court’s order is therefore

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
#### TEXACO, INC., et al. v. Mildred L. KIRBY.

No. 50133.

Supreme Court of Mississippi.

March 22, 1978.

Rehearing Denied May 10, 1978.

Mitchell, McNutt, Bush, Lagrone & Sams, L. F. Sams, Jr., Tupelo, for appellant.

Armis E. Hawkins, James S. Gore, Houston, for appellee.

Before PATTERSON, C. J., and BROOM and BOWLING, JJ.

AFFIRMED.
#### Carrie O’Neal MURRELL et al., Petitioners, v. ESTATE of Case, Respondent.

No. 42931.

Supreme Court of Florida.

Nov. 30, 1972.

ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.
Exhibit 32.2


Certification of Chief Financial Officer


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 Annual Report on Form 10-K for the year ended December 31, 2018 (the “Report”) of OFS Capital Corporation (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Jeffrey A. Cerny, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, pursuant to 18 U.S.C. Section 1350, that:


(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and


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


/s/ Jeffrey A. CernyName:Jeffrey A. CernyDate:March 15, 2019
#### John A. REISINGER and Arline V. Reisinger, his wife, and Regency Square, Inc., a Florida corporation, Appellants, v. Stanley BLOOM, Appellee.

No. 69-398.

District Court of Appeal of Florida. Fourth District.

Nov. 26, 1969.

PER CURIAM.

Affirmed.
#### Leroy M. HALL, Appellant, v. STATE of Florida, Appellee.

No. 77-1616.

District Court of Appeal of Florida, Second District.

May 17, 1978.

Jack 0. Johnson, Public Defender, Paul C. Helm, Asst. Public Defender, and Carole Ann Grayson, Legal Intern, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

On this appeal Leroy Hall seeks credit for the time he spent in the state hospital at Chattahoochee under commitment as a mentally disordered sex offender. We hold he is entitled thereto and remand for correction of his sentence.

Appellant was originally charged with first degree murder. On May 7, 1973, pursuant to a plea bargain, he pled guilty to the lesser-included offense of second degree murder. Under the plea bargain, he was to be committed to the state hospital as a mentally disordered sex offender.

Appellant was committed to the state hospital, but was subsequently returned and brought before the court for sentencing on August 16, 1977. At sentencing the trial court refused to give him credit for the time he spent in the state hospital.

Section 917.218, Florida Statutes (1977) (Chapter 77-312, Section 24, Laws of Florida), which became effective July 1, 1977, provides:

> All time spent in the formal custody of the state and in admission procedure by an offender in the mentally disordered sex offender program shall be considered credit for time served for any sentence imposed on the sex offense or attempted sex offense committed prior to the date the offender was convicted.

Because this statute was in effect at the time of appellant’s sentencing, appellant is entitled to the benefit of it. *See Hamilton v. State,*306 So.2d 600 (Fla.2d DCA 1975).

We find appellant’s other point to be without merit. Accordingly, the judgment is affirmed, but the cause is remanded with directions to give appellant credit for the time he spent in the mentally disordered sex offender program.

BOARDMAN, C. J., and HOBSON and SCHEB, JJ., concur.
EX-10.1







 Exhibit 10.1 

Amendment to Subscription Agreement 

This Amendment (this “Amendment”), dated as of October 27, 2021, to that certain Subscription Agreement, made and entered
into as of April 29, 2021 (the “Subscription Agreement”), is by and between Gores Metropoulos II, Inc., a Delaware corporation (the “Company”), and the undersigned (“Subscriber”). Capitalized
terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Subscription Agreement. 
 WHEREAS, the
parties hereto desire to amend the Subscription Agreement to extend the date by which the Transactions must have been consummated; and 

WHEREAS, Section 8(f) of the Subscription Agreement provides that the provisions of the Subscription Agreement may not be modified,
waived or amended except by an instrument in writing, signed by the party against whom enforcement of such modification, waiver, or amendment is sought. 

NOW, THEREFORE, in consideration of the covenants and agreements set forth herein, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows: 
 1. Clause (d) of Section 6 of the Subscription Agreement is hereby amended
by replacing the date “October 28, 2021” with “January 31, 2022”. 
 2. The Subscription Agreement as revised
by this Amendment constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and understandings, both written and oral, between the parties
hereto with respect to the subject matter hereof. 
 3. This Amendment, and any claim or cause of action hereunder based upon, arising out
of or related to this Amendment (whether based on law, in equity, in contract, in tort or any other theory) or the negotiation, execution, performance or enforcement of this Amendment Agreement, shall be governed by and construed in accordance with
the Laws of the State of New York, without giving effect to the principles of conflicts of law thereof. 
 4. Except as otherwise expressly
amended or modified hereby, all of the terms and conditions of the Subscription Agreement shall continue in full force and effect. Each reference to “hereof”, “hereunder”, “herein” and “hereby” and each
similar reference contained in the Subscription Agreement shall refer to the Subscription Agreement, as amended by this Amendment. 

[Signature page follows] 

  
 1 















 IN WITNESS WHEREOF, each party hereto has caused this Amendment to be signed as of the date
first written above. 
  

			
	GORES METROPOULOS II, INC.
		
	By:	 	  

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		 	Title:



  
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	SUBSCRIBER
		
	By:	 	  

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#### The STEAMSHIP MUTUAL UNDERWRITING ASSOCIATION LIMITED, Appellant, v. JUNGLE QUEENS, INC., a Florida corporation, Appellee.

No. 73-1402.

District Court of Appeal of Florida, Fourth District.

March 19, 1974.

Appeal from Circuit Court, Broward County; Eugene Fischer, Judge.

Appeal dismissed.
U.S. Position on Inspection Panel Report on Argentina: Santa Fe Road Infrastructure Project, 

October, 20, 2009 

The World Bank Group’s Safeguards Policies and Performance Standards are intended to protect 

the interests and rights of project-affected persons. The U.S. continues to strongly support the 

role of the Inspection Panel in ensuring compliance with these policies and standards in order to 

ensure that the Bank Group meets its development objectives. The Inspection Panel will be most 

effective when it focuses on clear-cut cases of non-compliance to which Management did not 

adequately respond. With this in mind, the U.S. shares the Panel’s view that the first two 

requests did not meet this threshold and supports their decision not to investigate those requests 

further. 

Based on our reading of the Panel’s report and Management’s response, as well as our meetings 

with both parties, it seems clear that the determination of whether the hydrological assessments 

of the project sufficiently conveyed to those living in the area the risks of flooding may be 

somewhat subjective. On the one hand, Management contends that every study and simulation 

did indeed show that “the hydrological situation of the area surrounding Road 19 with the project 

is better than without the project.”1 Meanwhile, the Panel initially found that the studies did not

include a proper description and analysis of the upstream and downstream affects and that 

therefore the project was not in compliance with OP/BP 4.01 (Environmental Assessment). 

Following the October 2008 discussions between Management and the Panel’s expert consultant, 

studies were completed that did adequately assess upstream impacts of the road, according to the 

Panel, but the lack of a downstream assessment meant the project remained non-compliant with 

OP/BP 4.01. A contributing factor appears to be Management’s delay in hiring a 

communications expert, which could have addressed the fact that the hydrological studies, in 

Management’s words, “do not convey in a way that is easily understandable for most Project 

Affected People, the potential impacts of the upgraded Road 19 on the surrounding area.”2

Most importantly, the U.S. supports the finding that a downstream assessment would ensure that 

the Requesters' concerns are met and bring the project into compliance with the Bank's 

environmental policies. The U.S. encourages Management to report back to the Board when the 

downstream assessment is completed (expected within six months). The U.S. would also urge 

management to make greater efforts to ensure that there are genuine consultations with 

stakeholders in future projects, since this is an issue that tends to come up in many of these cases. 

By the same token, the U.S. encourages the Panel to make greater efforts to communicate their 

concerns with Management, both via formal and informal channels, prior to pursuing an 

investigation. 

 

1

 p. 21 Management Response 

2

 p. 10 Management Response
[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Notices]
[Page 65278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32409]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Advisory Council; Notice of Meeting

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), announcement is made of the following 
National Advisory body scheduled to meet during the month of February 
1998:

    Name: National Advisory Committee on Rural Health.
    Dates and Time: February 1-4, 1998.
    Place: J.W. Marriott Hotel, 1331 Pennsylvania Avenue, N.W., 
Washington, D.C. 20004, Phone: (202) 393-2000, FAX: (202) 626-6915.
    The meeting is open to the public.
    Agenda: The plenary session on Monday morning, February 2, will 
include a national legislative update, discussion of quality issues, 
universal service provisions of the Telecommunications Act, 
definition of rural, and telemedicine payment issues.
    Presentations on graduate medical education, the rural minority 
health project, and long-term care; assisted living housing will be 
the bases of discussion for the Committee of the Whole on Tuesday.
    The final plenary session will be convened on Wednesday, 
February 4, at 8:00 a.m. During this session there will be an update 
of the Office of Rural Health Policy activities, a report of the 
Committee of the Whole regarding the discussions that took place on 
Tuesday, and information regarding the next agenda and future 
meeting dates and places will be discussed. The meeting will be 
adjourned at approximately 11:30 a.m.
    Anyone requiring information regarding the subject Committee 
should contact Dena S. Puskin, Sc.D., Executive Secretary, National 
Advisory Committee on Rural Health, Health Resources and Services 
Administration, Room 9-05, Parklawn Building, 5600 Fishers Lane, 
Rockville, MD 20857, telephone (301) 443-0835, FAX (301) 443-2803.
    Persons interested in attending any portion of the meeting 
should contact Arlene A. Granderson or Lilly Smetana, Office of 
Rural Health Policy, (301) 443-0835.
    Agenda items change as priorities dictate.

    Dated: December 4, 1997.
Jane M. Harrison,
Committee Management Office, HRSA.
[FR Doc. 97-32409 Filed 12-10-97; 8:45 am]
BILLING CODE 4160-15-P
Notice: This opinion is subject to formal revision before publication in the Atlantic 

and Maryland Reporters. Users are requested to notify the Clerk of the Court of 

any formal errors so that corrections may be made before the bound volumes go 

to press. 

DISTRICT OF COLUMBIA COURT OF APPEALS

No. 19-BG-629

IN RE CHIDINMA M. IWUJI, RESPONDENT.

A Member of the Bar

of the District of Columbia Court of Appeals

(Bar Registration No. 478118)

On Report and Recommendation of the Board on Professional 

Responsibility Ad Hoc Hearing Committee

Approving Petition for Negotiated Discipline 

(DDN 007-18)

(Decided: January 2, 2020)

Before GLICKMAN and FISHER, Associate Judges, and NEBEKER, Senior Judge.

PER CURIAM: This decision is non-precedential. Please refer to D.C. Bar R. 

XI, § 12.1(d) regarding the appropriate citation of this opinion.

In this disciplinary matter, the Ad Hoc Hearing Committee (the Committee) 

recommends approval of a petition for negotiated attorney discipline. See D.C. Bar 

R. XI, § 12.1(c). The petition is based on Respondent’s voluntary acknowledgement 

that she engaged in commingling of funds and failed to maintain complete records 
2

of entrusted funds, in violation of D.C. Rules of Professional Conduct 1.15(a). 

Disciplinary Counsel stipulated that it could not prove Respondent engaged in 

misappropriation of entrusted funds or that any client or third party was prejudiced 

or harmed by Respondent’s handling of entrusted funds and failure to maintain 

complete records of those funds. The proposed discipline is a public censure with 

conditions.

Having reviewed the Committee’s recommendation in accordance with our 

procedures in uncontested disciplinary cases, see D.C. Bar R. XI, § 12.1(d), we agree 

that this case is appropriate for negotiated discipline and that the proposed 

disposition is not unduly lenient or inconsistent with dispositions imposed for 

comparable professional misconduct. Accordingly, it is

ORDERED that respondent Chidinma M. Iwuji is hereby publicly censured 

and shall comply with the following conditions: (1) Respondent shall take three 

hours of pre-approved continuing legal education related to the maintenance of trust 

accounts, record keeping, and/or safekeeping client property, and shall certify and 

provide proof that she met this requirement to the Office of Disciplinary Counsel 

within six months from the date of this opinion; (2) Respondent shall execute a 

waiver allowing Dan Mills, Manager of the Practice Management Advisory Service 

of the District of Columbia Bar and/or the assigned practice monitor to communicate 
3

directly with Disciplinary Counsel regarding her compliance; and (3) Respondent 

shall remain in full compliance with the practice monitor’s requirements for a period 

of twelve consecutive months, sign an acknowledgment that she is in compliance 

with these requirements, and file the acknowledgment with Disciplinary Counsel no 

later than two years after the date of this opinion. 

So ordered.
<PAGE>   1
                                                                      EXHIBIT 12


                             COOPER INDUSTRIES, INC.
               COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
                          (Dollar Amounts in Thousands)
                                   (Unaudited)


<TABLE>
<CAPTION>
                                         Three Months Ended
                                             March 31,                           Year Ended December 31,
                                      ----------------------   ------------------------------------------------------------
                                        2000         1999        1999         1998        1997         1996         1995
                                      ---------    ---------   ---------    ---------   ---------    ---------    ---------
<S>                                   <C>          <C>         <C>          <C>         <C>          <C>          <C>
Interest Expense                      $  18,300    $  13,200   $  55,200    $ 101,900   $  90,400    $ 142,100    $ 151,000

Capitalized Interest                      1,200         --          --           --          --           --           --

Estimated Interest Portion of
    Rent Expense                          3,827        3,755      13,948       12,352      10,864       10,035       10,064
                                      ---------    ---------   ---------    ---------   ---------    ---------    ---------
Fixed Charges                         $  23,327    $  16,955   $  69,148    $ 114,252   $ 101,264    $ 152,135    $ 161,064
                                      =========    =========   =========    =========   =========    =========    =========

Income From Continuing
    Operations Before Income Taxes    $ 129,100    $ 118,200   $ 518,600    $ 523,600   $ 483,200    $ 470,700    $ 297,300

Add:  Fixed Charges                      22,127       16,955      69,148      114,252     101,264      152,135      161,064

      Dividends From Less Than
      50% Owned Companies                  --           --          --           --          --            287          968

Less: Equity in (Earnings) / Losses
      of Less Than 50% Owned
      Companies                          (1,289)         245      (1,069)         595        (320)      (1,609)        (996)
                                      ---------    ---------   ---------    ---------   ---------    ---------    ---------
Earnings Before Fixed Charges         $ 149,938    $ 135,400   $ 586,679    $ 638,447   $ 584,144    $ 621,513    $ 458,336
                                      =========    =========   =========    =========   =========    =========    =========
Ratio of Earnings to Fixed Charges          6.4x         8.0x        8.5x         5.6x        5.8x         4.1x         2.8x
</TABLE>


                                      -16-
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2408 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2408

To extend the authorization for Arabia Mountain National Heritage Area.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2021

    Mr. Johnson of Georgia introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To extend the authorization for Arabia Mountain National Heritage Area.

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

SECTION 1. AUTHORIZATION EXTENDED FOR ARABIA MOUNTAIN NATIONAL HERITAGE 
              AREA.

    Section 240 the National Heritage Areas Act of 2006 (Public Law 
109-338; 16 U.S.C. 461 note) is amended by striking ``terminates on'' 
and all that follows through the final period and inserting ``October 
12, 2036''.
                                 <all>
```