alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. NZELO CHINEDU OKAFOR, Defendant - Appellant. No. 13-50070 D.C. No. 2:99-cr-01088-MMM-1
MEMORANDUM *

Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Argued and Submitted December 5, 2013 Pasadena, California Before: CANBY, WATFORD, and HURWITZ, Circuit Judges. Defendant Nzelo Okafor appeals the district court’s order denying his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2) and his motion for reconsideration of the district court’s earlier reduction of his sentence. We 

# FILED
DEC 19 2013 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Page 1 of 3review de novo whether the district cour t has jurisdiction to reduce a defendant’s sentence under 18 U.S.C. § 3582(c)(2). United States v. Austin , 676 F.3d 924, 926 (9th Cir. 2012). We review for abuse of di scretion the district court’s denial of a motion for reconsideration. United States v. Tapia-Marquez , 361 F.3d 535, 537 (9th Cir. 2004). A defendant is eligible for a senten ce reduction if the sentence originally imposed was “based on a sentencing range that has subsequently been lowered by the Sentencing Commission.” 18 U.S.C. § 3582(c)(2). The district court properly concluded that Okafor was not eligible for a further sentence reduction because Amendment 750 did not lower his applicable guidelines range. The district court determined on three occasions—during Ok afor’s original sentencing proceeding, first sentence reduction proceedi ng, and second sentence reduction proceeding—that Okafor’s base offense level is that associated with 2.812 kilograms of a mixture containing cocaine base. The offense level associated with 2.812 kilograms of a mixture containing cocaine base remains 36, as it was when the court granted Okafor’s first sent ence reduction motion. USSG Manual, § 2D1.1(c)(2) (2012). Because Okafor’s base offense level and criminal history category have not been lowered since hi s sentence was last reduced, he is not eligible for a sentence reduction. Page 2 of 3The district court also did not abuse its discretion in denying Okafor’s motion for reconsideration of its earlier reduction of his sentence. Okafor proffered no new evidence to support his claim that his sentence should have been reduced to an amount below 193 months. Nor did Okafor point to any misrepresentation, mistake, or surprise that might warrant reconsideration. See Fed. R. Civ. P. § 60(b)(1), (2); United States v. Fiorelli , 337 F.3d 282, 286 (3d Cir. 2003) (noting that motions for reconsideration may be filed in criminal cases and are subject to Fed. R. Civ. P. 59 and 60) . Under these circumstances, the district court appropriately denied Okafor’s motion for reconsideration. AFFIRMED.

Page 3 of 3
# C_2014085EN.01000101.xml

| 22.3.2014 | EN | Official Journal of the European Union | C 85/1 |
| --- | --- | --- | --- |

22.3.2014

EN

Official Journal of the European Union

C 85/1

---

2014/C 85/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

OJ C 78, 15.3.2014

OJ C 78, 15.3.2014

Past publications

Past publications

OJ C 71, 8.3.2014

OJ C 61, 1.3.2014

OJ C 52, 22.2.2014

OJ C 45, 15.2.2014

OJ C 39, 8.2.2014

OJ C 31, 1.2.2014

These texts are available on:

EUR-Lex: http://eur-lex.europa.eu

---
EXHIBIT 23.1CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMWe consent to the incorporation by reference in Registration Statements No.333-38024, No. 333-69723, No. 033-09133, No. 033-65439, No. 033-78910, No.033-52088, and No. 033-19772 of Del Global Technologies Corp. each on Form S-8,in Registration Statement No. 333-113866 of Del Global Technologies Corp. onForm S-1 and Registration Statement No. 333-38042 of Del Global TechnologiesCorp. on Form S-3 of our report dated October 28, 2004, appearing in this AnnualReport on Form 10-K of Del Global Technologies Corp. for the fiscal year endedJuly 29, 2006.DELOITTE AND TOUCHE, LLPNew York, New YorkOctober 6, 2006
**Exhibit 31.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

I, L. Michael Cutrer, certify that:

 

1.               I have reviewed this quarterly report on Form10-Q of North American Scientific, Inc.;

 

2.               Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

 

a)              Designed such disclosure controls andprocedures, or caused such disclosure control procedures to be designed underour 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)             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

 

c)              Disclosed in this report any changes in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.               The registrant’s other certifying officer andI have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofregistrant’s board of directors (or persons performing the equivalent functions):

 

a)              All significant deficiencies and materialweaknesses in the design or operation of internal controls over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, 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: August 29, 2003

 
| /s/ L. Michael Cutrer                  |   |
|----------------------------------------|--------|
| L. Michael Cutrer                      |
| President and Chief  Executive Officer |

 

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

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   19,834
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<PP&E>                                           1,794
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<TOTAL-ASSETS>                                  57,825
<CURRENT-LIABILITIES>                           12,249
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      45,576
<TOTAL-LIABILITY-AND-EQUITY>                    57,825
<SALES>                                         77,791
<TOTAL-REVENUES>                                77,791
<CGS>                                           15,652
<TOTAL-COSTS>                                   15,652
<OTHER-EXPENSES>                                52,681
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  9,458
<INCOME-TAX>                                     4,288
<INCOME-CONTINUING>                              5,170
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,170
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA- 2011 - 0717 Directorate Identifier: 2010NM108AD 

### Previously IBR’d A330 -57 - 3081, R02 --- 1/24/06 A340 -57 -4089, R02 --- 1/24/06 A330 -57 - 3090 --- 3/27/06 A340 -57 -4098 --- 3/27/06 

### Credit A330 -57 - 3081, R03 --- 7/31/09 A340 -57 -4089, R03 --- 7/31/09 A330 -57 - 3081, R01 --- 5/18/04 A340 -57 -4089, R01 --- 3/2/04 A330 -57 - 3081 --- 10/30/03 A340 -57 -4089 --- 10/30/03 A330 -57 - 3098 --- 8/30/07 A340 -57 -4106 --- 8/30/07

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 03/05/2008
<PAGE>


                                                                    EXHIBIT 99.1


                          DEL GLOBAL TECHNOLOGIES CORP.


                            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 Annual Report of Del Global Technologies Corp. (the
"Company") on Form 10-K for the period ending August 3, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Samuel
E. Park, President & Chief Executive 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 to the best of my knowledge and belief:

                  (1)      Except for the omission of fiscal years 1999 and 1998
                           in the Selected Financial Data (Item 6, Part II, of
                           this Form 10-K), 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/ Samuel E. Park
-----------------------------------
Samuel E. Park
President & Chief Executive Officer

November 14, 2002
ex-10.2

 

 Consulting Contract
 

 This contract between Melanie Osterman and Tomichi Creek Outfitters for services of fifteen months from the day of signing. For said services, Melanie Osterman will receive 850,000 shares of Tomichi Creek Outfitters common stock (TCKF). Services will include staffing, recruiting, and duties as CEO, President, and Director and other responsibilities related to the business. All shares will be held in escrow for provided services, securities will be released on a Pro-Rata basis for the life of the above stated contract. It is noted that the scope of services may change due to the direction of the business and both parties agree that the services may vary. It is also a condition of this contract that resell of fore mentioned securities will be under rules and regulations of State and Federal Securities Law.
 

 	 	 	
	 /s/ Jeremy Gindro
	  
	 5/8/15

	 Jeremy Gindro
	  
	 Date

	 Director, TCKF
	  
	  

	  
	  
	  

	 /s/ Melanie Osterman
	  
	 5.8.15

	 Melanie Osterman
	  
	 Date
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 on Form 10-Q/A of CFC
International, Inc. and subsidiaries (the Company) for the quarter ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Dennis W. Lakomy, Executive Vice President and
Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



(1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities and 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.



|                     |  |                                                     
|-------------------- |  | ----------------------------------------------------
|Date: March 31, 2005 |  | /s/ Dennis W. Lakomy                                
|                     |  | Dennis W. Lakomy                                    
|                     |  | Executive Vice President and Chief Financial Officer



This certification accompanies the
Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as
amended.



A signed original of this written statement required by Section 906
has been provided by CFC International, Inc., and will be retained by CFC International, Inc. and furnished to the Securities Exchange Commission or its staff upon request.



28
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER>   1
       
<S>                                      <C>
<PERIOD-TYPE>                                      YEAR
<FISCAL-YEAR-END>                           DEC-31-1995
<PERIOD-START>                              JAN-01-1995
<PERIOD-END>                                DEC-31-1995
<CASH>                                        4,346,587 
<SECURITIES>                                          0
<RECEIVABLES>                                 1,002,969
<ALLOWANCES>                                          0
<INVENTORY>                                   3,998,304
<CURRENT-ASSETS>                              9,478,767
<PP&E>                                          784,147
<DEPRECIATION>                                  163,830
<TOTAL-ASSETS>                               12,992,111
<CURRENT-LIABILITIES>                           430,563
<BONDS>                                               0
<PREFERRED-MANDATORY>                                 0
<PREFERRED>                                           0
<COMMON>                                        226,398
<OTHER-SE>                                   18,113,623
<TOTAL-LIABILITY-AND-EQUITY>                 12,992,111
<SALES>                                       7,303,468
<TOTAL-REVENUES>                              7,628,478
<CGS>                                         2,577,606
<TOTAL-COSTS>                                 2,577,606
<OTHER-EXPENSES>                              3,159,650
<LOSS-PROVISION>                                      0
<INTEREST-EXPENSE>                                    0
<INCOME-PRETAX>                               1,812,588
<INCOME-TAX>                                     30,000
<INCOME-CONTINUING>                           1,782,588
<DISCONTINUED>                                        0
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                  1,782,588
<EPS-PRIMARY>                                      0.08
<EPS-DILUTED>                                      0.08
        


</TABLE>
EXHIBIT 11S

                           DECORATOR INDUSTRIES, INC.
            COMPUTATION OF DILUTED EARNINGS PER SHARE OF COMMON STOCK
                 FOR THE FIVE FISCAL YEARS ENDED JANUARY 3, 2009

<TABLE>
<CAPTION>
                                         2008             2007             2006           2005             2004
                                     -----------      -----------      -----------     -----------     -----------
<S>                                  <C>              <C>              <C>             <C>             <C>
Net (loss)/income                    $(2,585,457)     $  (807,509)     $   405,393     $ 1,364,814     $ 1,394,698
                                     ===========      ===========      ===========     ===========     ===========

Average number of common
  shares outstanding                   2,934,530        3,005,988        2,982,735       2,882,196       2,816,661

Dilutive effect of stock options
  on net income                                0                0           53,753         116,402         150,126
                                     -----------      -----------      -----------     -----------     -----------

Diluted weighted average shares
  used in the calculation of
  diluted earnings per share           2,934,530        3,005,988        3,036,488       2,998,598       2,966,787
                                     ===========      ===========      ===========     ===========     ===========



Diluted earnings per share           $     (0.88)     $     (0.27)     $      0.13     $      0.46     $      0.47
                                     ===========      ===========      ===========     ===========     ===========
</TABLE>
INITIAL REVIEW ENGINEERING REPORT

PMN: 13-0882

Focus Ready Draft 9/23/2013

ENGINEER: Choudhary \ DDH

PV (kg/yr):

SUBMITTER:

USE:

OTHER USES:

MSDS: No Label: No

TLV/PEL:

MSDS not provided.

CConsumer Use:

SAT (concerns) (09/17/2013):

Related Cases and Misc SAT Info:

Ecotox Related Cases: Analogs:

Migration to groundwater: Moderate

PBT rating: P2B1T1 .

Health: 1-2 Dermal, Drinking Water, Inhalation

Eco: 3 Water (All releases to water with a CC = 5)OCCUPATIONAL EXPOSURE RATING: 2-3A

NOTES & KEY ASSUMPTIONS:

Generated by the 06/07/2005 version of ChemSTEER.INITIAL REVIEW ENGINEERING REPORT

PMN: 13-0882

.INITIAL REVIEW ENGINEERING REPORT

PMN: 13-0882
# C_2013313EN.01000202.xml

| 26.10.2013 | EN | Official Journal of the European Union | C 313/2 |
| --- | --- | --- | --- |

26.10.2013

EN

Official Journal of the European Union

C 313/2

---

Election of the Vice-President of the General Court

2013/C 313/03

On 17 September 2013, the Judges of the General Court, in accordance with Article 9a of the Protocol on the Statute of the Court of Justice of the European Union, read in conjunction with the first paragraph of Article 47 thereof, elected Mr Heikki Kanninen Vice-President of the General Court for the period from 17 September 2013 to 31 August 2016.

---
#### Charles A. COYLE, Jr. v. Mrs. Pauline JONES, divorced wife of Charles A. COYLE, Jr., et al.

No. 5111.

Court of Appeal of Louisiana, Fourth Circuit.

Nov. 8, 1972.

*521John C. Werhan, New Orleans, for plaintiff-appellant.

Philip R. Riegel, Jr., Sydney J. Parlongue, New Orleans, for defendant-appellee.

Before REGAN, BOUTALL and BAILES, JJ.

REGAN, Judge.

Plaintiff, Charles A. Coyle, Jr., has appealed from a judgment rejecting his endeavor to enjoin his former wife, Mrs. Pauline Coyle and South Central Bell Telephone Company from listing defendant’s name in the New Orleans Telephone Directory as Mrs. Charles A. Coyle, Jr.

Plaintiff’s pleadings set forth the circumstances from which he seeks injunctive relief as follows: The defendant obtained a judgment of divorce against plaintiff on March S, 1970. Plaintiff subsequently remarried one Philomena Rotonti, owner of a Vieux Carre restaurant, who also uses the name Mrs. Charles A. Coyle, Jr. In the telephone directory issued in December of 1970, the listing for Pauline Coyle appeared as “Coyle, Chas. A. Jr., Mrs.” Her former husband, a certified public accountant, only carried a business listing. Plaintiff complains the listing of his former wife (1) has caused several letters addressed to him to be misdirected and (2) has created confusion for and caused damage to the current Mrs. Coyle.

When this case came to trial, plaintiff introduced no evidence whatsoever to prove damage or irreparable injury. The facts as above recited were stipulated; however, no evidence was adduced to show that either he or his present wife had incurred any damage or injury whatsoever. The allegations to this effect were not substantiated.

 In conformity with the rationale emanating from C.C.P. art. 3601 the courts are vested with discretion under their equity jurisdiction to grant injunctive relief under certain circumstances. The significant part of this article reads:

> “An injunction shall issue in cases where irreparable injury, loss, or damage may otherwise result to the applicant, or in other cases specifically provided by law.”

However, an injunction can only issue if the applicant has alleged *and proved*irreparable injury. In this case the plaintiff utterly failed to carry this burden thus his request for an injunction was properly dismissed by the trial court.1

For the reasons assigned, the judgment appealed from is affirmed.

Affirmed.

1

. State ex rel. Brooks v. Clancy, 178 La. 678, 152 So. 331 (1934).
#### Ann NICHOLSON, Appellant, v. ELI LILLY AND COMPANY, an Indiana Corporation, et al., Appellees.

No. 73-293.

District Court of Appeal of Florida, Third District.

Oct. 30, 1973.

Rehearing Denied Dec. 7, 1973.

Levenstein, Burke & Associates, P.A., Miami, for appellant.

Smathers & Thompson and James L. Armstrong, III, West, Goldman & Weis-berg; Stephens, Magill, Thornton & Sev-ier, Miami, and Timothy Carl Blake, for appellees.

Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.

PER CURIAM.

Appellant’s cause was dismissed with prejudice for lack of prosecution. The record supports a finding by the trial court that the cause was not only subject to dismissal under Rule 1.420(e), 30 F.S.A., but, under the special circumstances presented, was also subject to dismissal with prejudice pursuant to the inherent power of the trial court to eliminate causes from its docket which are not being prosecuted with due diligence. See Rule 1.420(e); Reddish v. Forlines, Fla.App.1968, 207 So.2d 703.

Affirmed.