alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 20-14490

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

FRANCISCO SALDANA, 

a.k.a. Frank,

a.k.a. Frank Rivera,

a.k.a. Warren G, 

Defendant-Appellant.

____________________

Appeals from the United States District Court

for the Southern District of Florida

D.C. Docket No. 1:95-cr-00605-PAS-1

____________________

USCA11 Case: 20-14490 Date Filed: 03/22/2022 Page: 1 of 3
2 Opinion of the Court 20-14490

____________________

No. 21-10634

____________________

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

FRANCISCO SALDANA, 

a.k.a. Frank, 

a.k.a. Frank Rivera, 

a.k.a. Warren G, 

Defendant-Appellant.

____________________

Appeals from the United States District Court

for the Southern District of Florida

D.C. Docket No. 1:95-cr-00605-PAS-1

____________________

Before JORDAN, LUCK, and LAGOA, Circuit Judges.

PER CURIAM:

USCA11 Case: 20-14490 Date Filed: 03/22/2022 Page: 2 of 3
20-14490 Opinion of the Court 3

Francisco Saldana appeals the district court’s order denying 

his motion to reduce his sentence under section 404 of the First 

Step Act. He argues that the district court erred in concluding that 

he was not eligible to receive a lower sentence under the First Step 

Act. The government concedes “that the district court’s conclusion that it had no authority to reduce Saldana’s sentence was erroneous.”

After a thorough review of the record, we agree with the 

parties that the district court erred in concluding that Saldana was 

ineligible for a reduced sentence under section 404 of the First Step 

Act. We REVERSE the order denying Saldana’s motion to reduce 

his sentence and REMAND for the district court to exercise its discretion and decide whether to reduce Saldana’s sentences for his 

crack cocaine convictions.1

1 This appeal was originally scheduled for oral argument but was removed 

from the oral argument calendar by unanimous agreement of the panel under 

11th Cir. R. 34-3(f).

USCA11 Case: 20-14490 Date Filed: 03/22/2022 Page: 3 of 3
#### Doris M. BAHAM v. Carolyn PATTERSON, Donald F. McGowan, Cotton’s Inc., United States Fidelity & Guaranty Co. and Government Employees Insurance Co.

No. 61414.

Supreme Court of Louisiana.

Feb. 10, 1978.

In re: Donald F. McGowan, Cotton’s Inc., and United States Fidelity and Guaranty Company applying for certiorari, or writ of review, to the Court of Appeal, First Circuit. Parish of Livingston. 353 So.2d 366.

Writ denied. The result is correct.

CALOGERO, J., would grant the writ.
#### Stella B. HOFFMAN, Petitioner, v. Patricia Ann JOHNSON, Respondent.

No. 44021.

Supreme Court of Florida.

Oct. 11, 1973.

Certiorari denied.

ROBERTS, Acting C. J., and ERVIN, ADKINS, BOYD and McCAIN, JJ., concur.
Fourth Quarterly Report to Congress on International Monetary Fund Lending

October 1 – December 31, 2020

Board 

Approval 

Date

Country Amount Type U.S. Position Background

10/2 Malawi SDR 72.31 million 

US$101.96 million

Request for Disbursement Under 

the Rapid Credit Facility

Support https://www.imf.org/en/Ne

ws/Articles/2020/10/02/pr2

0303-malawi-imfexecutive-board-approvesus-million-disbursementunder-rcf-covid-19-

pandemic

10/21 Cameroon SDR 110.4 million

US$156 million

Request for Disbursement Under 

the Rapid Credit Facility

Support https://www.imf.org/en/Ne

ws/Articles/2020/10/21/pr2

0318-cameroon-imfexecutive-board-approvesnew-disbursement-toaddress-the-impact-of-thecovid-19

11/6 Islamic

Republic of 

Afghanistan

SDR 259.04 million

US$370 million

Request for a 42-Month 

Arrangement Under the Extended 

Credit Facility

Support https://www.imf.org/en/Ne

ws/Articles/2020/11/06/pr2

0334-afghanistan-imfexecutive-board-approvesa-us-370m-ecfarrangement-to-support

11/11 Republic of 

South Sudan

SDR 36.9 million

US$52.3 million

Request for Disbursement Under 

the Rapid Credit Facility

Support https://www.imf.org/en/Ne

ws/Articles/2020/11/11/pr2

0338-south-sudan-imfexecutive-board-approvesdisbursement-to-addresscovid-19-pandemic

11/20 Nicaragua SDR 130.03 million

US$185.3 million

Requests for Purchase Under the 

Rapid Financing Instrument and 

Disbursement Under the Rapid 

Credit Facility

Oppose https://www.imf.org/en/Ne

ws/Articles/2020/11/20/pr2

0349-nicaragua-imfexecutive-board-approvesus-185-3m-emergencysupport-to-addresscovid19

12/21 Benin SDR 123.84 million

US$177.96 million

Request for Disbursement Under 

the Rapid Credit Facility and 

Purchase Under the Rapid 

Financing Instrument

Support https://www.imf.org/en/Ne

ws/Articles/2020/12/21/pr2

0385-benin-imf-executiveboard-approves-us-millionemergency-assistancecovid-19-pandemic
#### PANNING LUMBER COMPANY, a Florida corporation, and Panning Lumber and Supply Co., Inc., a Florida corporation, Petitioners, v. Clifford H. SEXTON, Respondent.

No. 70-158.

District Court of Appeal of Florida, Fourth District.

March 3, 1970.

Constitutional stay writ, denied.
Document

Exhibit 10.2

First Amendment 
to the
Omnibus Benefit Restoration Plan of Sonoco Products Company
(Restated effective January 1, 2015)






Whereas, Sonoco Products Company (the “Company”) currently sponsors the Omnibus Benefit Restoration Plan of Sonoco Products Company, as restated effective January 1, 2015 (the “Plan”); 


Whereas, the Company’s Board of Directors (the “Board”) desires to streamline administration and operation of its 401(k) plan and to make employee benefits provided by the Company more competitive in the market by eliminating the current retirement contribution feature of the 401(k) plan, increasing matching contributions in the 401(k), and adding a new contribution to this Plan;


Whereas, the Board held a meeting on October 19, 2021, and approved amending the Plan as set forth herein;


Now, therefore, be it resolved that effective as of December 31, 2021, the Plan shall be amended as follows:


1.         The following language shall be added to the end of section 5.2(b):


            “No credits will be made with respect to this section 5.2(b) after the 2021 Plan Year credit is made.”


2.         New Section 5.7 shall be added to the Plan to read as follows:


“5.7       New Contribution. A new contribution shall be made to the Plan as follows:


(a)    Effective Date: This section is effective for Eligible Compensation earned after December 31, 2021;


(b)       Eligibility: Any nonunion Employee whose Eligible Compensation during a Plan Year exceeds the Social Security Wage Base in effect for such Plan Year;


(c )      Vesting: All contributions made pursuant to this section shall be 100% vested and nonforfeitable;


(d)       Contribution Amount: 4% of the amount that the nonunion Employee’s Eligible Compensation exceeds the Social Security Wage Base in effect for such Plan Year.


Resolved further, that the Benefits Committee will perform all acts necessary to effect the purposes of these amendments to the Plan, including (1) communicating the intent of the amendments to affected employees (as needed); and (2) establishing administrative procedures to properly operate the Plan, as amended.






* * * * *








1






In witness whereof, the undersigned, authorized to act on behalf of the Benefits Committee, hereby executes the foregoing resolutions which have been approved and authorized by the Benefits Committee, on this 19th day of October, 2021.


The Benefits Committee of
                                                                                    Sonoco Products Company




/s/John Florence                                                                                                                    
By: John Florence
Title: Vice President, General Counsel, Human Resources, and Secretary
2
[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Notices]
[Pages 65107-65108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32270]


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

NUCLEAR REGULATORY COMMISSION

[Docket Number 40-0299]


Umetco Minerals Corporation

AGENCY: Nuclear Regulatory Commission.

ACTION: Amendment of Source Material License SUA-648 to change six 
reclamation milestone dates.

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

SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory 
Commission has amended Umetco Minerals Corporation's (Umetco's) Source 
Material License SUA-648 to change six reclamation milestone dates. 
This amendment was requested by Umetco in its letter dated October 6, 
1997, and the receipt of the request by NRC was noticed in the Federal 
Register on October 16, 1997.
    The license amendment modifies License Condition 59 to change 
completion dates for six site-reclamation milestones. The new dates 
approved by the NRC extend completion of placement of final radon 
barrier for the Inactive (enhanced barrier) and the A-9 impoundments by 
four years, and that for the Heap Leach impoundment by one year; and 
placement of erosion protection cover for the Inactive impoundment by 
five years, and for the A-9 and the Heap Leach impoundments by four 
years. Umetco attributes the delays to its efforts to enhance the 
previously approved designs of the Inactive and the A-9 impoundments, 
and in obtaining permits for a rock quarry that can produce sufficient 
volumes and quality of rock for erosion protection cover. Based on the 
review of Umetco's submittal, the NRC staff concludes that the delays 
are attributable to factors beyond Umetco's control, the proposed work 
is scheduled to be completed as expeditiously as practicable, and the 
added risk to the public health and safety is not significant, as it 
already meets the limit of radon emissions to an average flux of no 
more than 20 pCi/m\2\/s above background.
    An environmental assessment is not required since this action is 
categorically excluded under 10 CFR 51.22(c)(11), and an environmental 
report from the licensee is not required by 10 CFR 51.60(b)(2).

SUPPLEMENTARY INFORMATION: Umetco's amended license, and the NRC 
staff's technical evaluation of the amendment request are being made 
available for public inspection at the Commission's Public Document 
Room at 2120 L Street, NW., (Lower Level), Washington, DC 20555.

FOR FURTHER INFORMATION CONTACT: Mohammad W. Haque, Uranium Recovery 
Branch, Division of Waste Management, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Telephone (301) 415-6640.


[[Page 65108]]


    Dated at Rockville, Maryland, this 3d day of December, 1997.
Joseph J. Holonich,
Chief, Uranium Recovery Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 97-32270 Filed 12-9-97; 8:45 am]
BILLING CODE 7590-01-P
EXHIBIT 31.1

CHAIRMAN AND CHIEF EXECUTIVE OFFICER CERTIFICATIONS

I, James R. Riedman, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Phoenix Footwear Group, Inc.;

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

3. Based
on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the
periods presented in this quarterly report;

4. The registrants other certifying officer and I am responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c) disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and;

5. The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b) any fraud,
whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.



/s/ James R. RiedmanName:

James R. RiedmanTitle:

Chief Executive OfficerDate:

November 13, 2006


A signed original of this Certification has been provided to Phoenix Footwear Group, Inc.
and will be retained by Phoenix Footwear Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED DECEMBER 8, 2021

NO. 03-20-00429-CV

David F. Henges, Appellant

v.

Leslie Henges Dolliver, Limited Guardian of the Person and

Full Guardian of the Estate for David Henges, Appellee

APPEAL FROM PROBATE COURT NO. 1 OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE BYRNE, JUSTICES BAKER AND SMITH

AFFIRMED -- OPINION BY JUSTICE BAKER

This is an appeal from the order signed by the trial court on May 27, 2020, appointing a 

permanent guardian for appellant. Having reviewed the record and the parties’ arguments, the 

Court holds that there was no reversible error in the order. Therefore, the Court affirms the trial 

court’s guardianship order. Appellant shall pay all costs relating to this appeal, both in this Court 

and in the court below.
I 

117TH CONGRESS 

1ST SESSION H. R. 2386 

To authorize appropriations for the maritime environmental and technical 

assistance program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Mr. CARBAJAL (for himself and Mr. GIBBS) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To authorize appropriations for the maritime environmental 

and technical assistance program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expanding the Mari5 time Environmental and Technical Assistance Program’’. 

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR THE 

7 MARITIME ENVIRONMENTAL AND TECH8 NICAL ASSISTANCE PROGRAM. 

9 (a) IN GENERAL.— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2386 IH

1 (1) MARITIME ENVIRONMENTAL AND TECH2 NICAL ASSISTANCE PROGRAM.—There are authorized 

3 to be appropriated to the Department of Transpor4 tation for fiscal year 2022, for expenses necessary to 

5 support the maritime environmental and technical 

6 assistance program under section 50307 of title 46, 

7 United States Code, $6,000,000, of which 

8 $3,000,000 shall be used for activities related to 

9 technologies that support port and vessel air emis10 sions reductions and to support zero emissions tech11 nologies. 

12 (2) AVAILABILITY.—Amounts appropriated pur13 suant to paragraph (1) shall remain available until 

14 expended. 

15 (b) USES.—Section 50307 of title 46, United States 

16 Code, is amended— 

17 (1) by redesignating subsection (e) as sub18 section (f); 

19 (2) by inserting after subsection (d) the fol20 lowing: 

21 ‘‘(e) USES.—The results of activities conducted under 

22 subsection (b)(1) shall be used to inform the policy deci23 sions of the United States related to domestic regulations 

24 and to the United States position on matters before the 

25 International Maritime Organization.’’; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2386 IH

1 (3) by adding at the end the following: 

2 ‘‘(g) AIR EMISSIONS DEFINED.—In this section, the 

3 term ‘air emissions’ means release into the air of— 

4 ‘‘(1) air pollutants, as such term is defined in 

5 section 302 of the Clean Air Act (42 U.S.C. 7602); 

6 or 

7 ‘‘(2) gases listed in section 731(2) of the Global 

8 Environmental Protection Assistance Act of 1989 

9 (22 U.S.C. 7901(2)).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### Earton David JONES, Appellant, v. The STATE of Florida, Appellee.

No. 70-1026.

District Court of Appeal of Florida, Third District.

May 25, 1971.

Phillip A. Hubbart, Public Defender and Lewis S. Kimler, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and J. Robert Olian, Asst. Atty. Gen., for appel-lee.

Before BARKDULL, HENDRY and SWANN, JJ.

PER CURIAM.

Appellant, defendant in the criminal court of record, appeals a robbery conviction. He contends error in two particulars: (1) that he was denied counsel at a preliminary hearing, citing Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387, and (2) that the evidence was insufficient to sustain the conviction.

As to the first point, the First District Court of Appeal of Florida has held, in Harrison v. Wainwright, Fla.App.1971, 243 So.2d 427, that Coleman v. Alabama, supra, is not applicable in Florida and we think this case disposes of this point adverse to the appellant. Further, no motion was made in the trial court, either during the trial or in post-trial motions, raising the applicability of the doctrine in Coleman v. Alabama, supra. And we hold that even if Coleman v. Alabama, supra, were to be followed in Florida, it would be incumbent on defense counsel in proceeding subsequent to the cited decision to at least call this principle [and any alleged error in a criminal proceeding] to the attention of a trial judge no later than the close of the .time for filing post-trial motions. See also: Miller v. State, Fla.App.1971, 246 So.2d 169. Compare Yakus v. *518United States, 321 U.S. 414, 64 S.Ct. 660, 88 L.Ed. 834; Michel v. Louisiana, 350 U.S. 91, 76 S.Ct. 158, 100 L.Ed. 83, wherein the Supreme Court of the United States has held that even a Federal constitutional right may be waived if not timely presented.

Turning to the other point on the sufficiency of the evidence, we find no merit in this contention in light of the evidence disclosing that the appellant and another were accosting the victim and his brother with a gun from outside of an automobile, at the time they were robbed by others within the automobile. If the appellant and the others outside the automobile were not active participants in the robbery, they were certainly aiders and abettors. Prather v. State, Fla.App.1966, 182 So.2d 273; Sotomayor v. State, Fla.App.1969, 224 So.2d 357; DeLaine v. State, Fla.App.1970, 230 So.2d 168; § 776.011, F.S.A.

Therefore, for the reasons above stated, the judgment of conviction and sentence thereon be and the same are hereby affirmed.

Affirmed.
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