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

No. 19

- 40800 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
RIGOBERTO TOVAR

- VELAZQUEZ, agent of Rigoberto Tovar

- Velasquez , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19

- CR

- 837

- 1

Before STEWART, DENNIS, and HO, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Rigoberto Tovar

Velazquez 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). Tovar

- Velazquez h a s not fi led 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

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 June 11, 2020 Lyle W. Cayce Clerk Case: 19-40800 Document: 00515449001 Page: 1 Date Filed: 06/11/2020No. 19

- 40800

2 nonfrivolous issue for appellate review , while we disagree that a limited remand i s appropriate for correction of a purported clerical error in the written statement of reasons. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 19-40800 Document: 00515449001 Page: 2 Date Filed: 06/11/2020
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 on Form 10-Q of Spirit of Texas Bancshares, Inc.  (the “Company”) for the quarter ended March 31, 2018 (the “Report”), as filed with the Securities and Exchange Commission on the date hereof, I 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 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 Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| Date:     June 1, 2018 |   | By:    | /s/ Dean O. Bass                |
|--------------------------------------------|--------|--------|--------------------------------------|
|                                       |   |   | Dean O. Bass                         |
|                                       |   |   | Chairman and Chief Executive Officer |
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**All Congressional inquiries ****require:**                        - A completed and signed Privacy Act Release (if you need a Privacy Act Release, click here).
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                        - Review the Forms and Helpful Resources page and have your constituent provide you with all the required documents, forms, and required information in order to complete the congressional inquiry package.  Including all of the correct information, documents, and forms in the initial congressional inquiry submission will assist in expediting the congressional inquiry process.
                        - Once you have a complete congressional inquiry package, you can submit through mail OR email:  
DFAS Operations – Congressional Liaison Office (DFAS-JCK)DFAS Headquarters – IndianapolisColumn 114G8899 East 56th StreetIndianapolis, Indiana 46249-1000Email: dfas.indianapolis-in.jck.mbx.cloincomingcases@mail.mil
**Page updated February 4, 2021**

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[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Notices]
[Pages 41141-41142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17757]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Rescission of Notice of Intent (NOI) To Prepare an Environmental 
Impact Statement (EIS)

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: The FHWA is issuing this notice to advise the public that we 
are rescinding the September 26, 2013, NOI to prepare an EIS for a 
proposed project, the I-90 Tolling Project, to manage congestion and 
traffic flow on I-90 between I-5 and I-405, and contribute revenue to 
the sustainable, long-term funding for timely completion of the SR 520 
Bridge Replacement and HOV Program and maintenance and future 
transportation improvements on I-90.

FOR FURTHER INFORMATION CONTACT: Lindsey Handel, Urban Transportation 
Engineer, Federal Highway Administration, Washington Division, 711 S. 
Capitol Way, Suite 501, Olympia, WA 98501; telephone: 360-753-9550; and 
email: <a href="/cdn-cgi/l/email-protection#b5d9dcdbd1c6d0cc9bddd4dbd1d0d9f5d1dac19bd2dac3"><span class="__cf_email__" data-cfemail="b3dfdaddd7c0d6ca9ddbd2ddd7d6dff3d7dcc79dd4dcc5">[email protected]</span></a>.

[[Page 41142]]


SUPPLEMENTARY INFORMATION: On September 26, 2013, FHWA published a 
Notice of Intent to prepare an EIS for the I-90 Tolling Project to 
manage congestion and traffic flow on I-90 between I-5 and I-405, and 
contribute revenue to the sustainable, long-term funding for timely 
completion of the SR 520 Bridge Replacement and HOV Program and 
maintenance and future transportation improvements on I-90. The passage 
of the Connecting Washington state funding package in 2015 provided 
sufficient funding to complete the SR 520 Bridge Replacement, 
eliminating part of the purpose for this project. Any future I-90 
tolling projects will progress under a separate environmental review 
process in accordance with all applicable laws and regulations.

    Issued on: August 13, 2018.
Daniel M. Mathis,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2018-17757 Filed 8-16-18; 8:45 am]
BILLING CODE 4910-RY-P


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</html>
Exhibit 10.102
 
 NON-QUALIFIED STOCK OPTION AWARD GRANTED UNDER THE
DIGITAL ANGEL CORPORATION (f/k/a APPLIED DIGITAL SOLUTIONS, INC.)
2003 FLEXIBLE STOCK PLAN, AS AMENDED
 
 
 Vesting Date
    
    Number of Shares Vested______________, __________________________, __________________________, ____________
 
 IMPORTANT
 DIGITAL ANGEL CORPORATIONOfficer NameOfficer Title




---



##### 



TERMS AND CONDITIONS
 NON-QUALIFIED STOCK OPTION AWARD GRANTED UNDER
 DIGITAL ANGEL CORPORATION
 (f/k/a APPLIED DIGITAL SOLUTIONS, INC.)
 2003 FLEXIBLE STOCK PLAN
 Definitions
 (a)
    
    Committee
    
    The Committee (or, in certain cases, its
designees) who administers the Stock Option Plan.(b)
    
    Company
    
    Digital Angel Corporation, a Delaware corporation.(c)
    
    Option
    
    The option granted by the Option Award.(d)
    
    Option Award
    
    The Non-Qualified Stock Option Award to which
these Terms and Conditions are attached, except
where the context requires otherwise.(e)
    
    Participant
    
    The recipient of an Option Award.(f)
    
    Stock Option Plan
    
    Digital Angel Corporation (f/k/a Applied Digital
Solutions, Inc.) 2003 Flexible Stock Plan, as amended.
  Evidence of Option Grant and Option; not an Incentive Stock Option
  2




---



##### 



Exercise of Option
  Payment of Option Price
   Form of Notice of Exercise
  
 
 
 Stock Certificates
  Legends on Certificates
    3




---



##### 



Termination of Employment; Nonassignability
 Voluntary Quit or Termination for Cause After Option is Vested
 Other Termination After Option is Vested
  Option Not Vested
 Director Options
   4




---



##### 



Non-Transferability of Rights; Designation of Beneficiaries
 Deemed Termination of Employment and Transfer
 Withholding
  Right to Exercise Acceleration
  (a)
    
    the acquisition with the approval of the Board by any person or entity other than the
Company or a related entity of more than 50% of the combined voting securities of the
Company on a fully diluted and/or converted basis through a tender offer, exchange offer or
otherwise;
 (b)
    
    the sale or disposition of all or substantially all of the Companys assets unless
shareholders of the Company prior to such sale or disposition own at least 50% of the
voting stock on a fully diluted and/or converted basis of the purchaser and the purchaser
assumes the Option on a financially equivalent basis;
 (c)
    
    a merger or consolidation involving the Company where shareholders of the Company do
not own at least 50% of the voting stock of the surviving entity on a fully diluted and/or
converted basis; or
 (d)
    
    any time during any two year period in which individuals who constituted the Board at
the start of such period (or, except for a transaction described in (a) or (c), whose
election was approved by at least two-thirds of the then members of the Board who were
members at the start of the two year period, do not constitute at least 50% of the Board
for any reason.
 Stock Option Plan Controls
   5
* 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

April 23, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-51005

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTONIO HERNANDEZ-BALDERAS,

also known as Martin Gallardo,

also known as Antonio Hernandez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-02-CR-128-1-SS

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

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges. 

PER CURIAM:*

Antonio Hernandez-Balderas appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

He contends that the sentence is invalid because it exceeds the

two-year maximum term of imprisonment prescribed in 8 U.S.C.

§ 1326(a). Hernandez-Balderas complains that his sentence was

improperly enhanced pursuant to 8 U.S.C. § 1326(b). He argues
No. 02-51005

-2-

that the sentencing provision is unconstitutional. 

Alternatively, Hernandez-Balderas contends that 8 U.S.C.

§ 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He

argues that the prior conviction that resulted in his increased

sentence was an element of a separate offense under 8 U.S.C.

§ 1326(b) that should have been alleged in his indictment.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Hernandez-Balderas acknowledges that his arguments are foreclosed

by Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
unis-ex101_164.htm



Exhibit 10.1

AMGEN

 


		
	
 
	
Amgen

One Amgen Center Drive

M/S 28-5-C

Thousand Oaks, CA 91320-1799 

805.447.1000

Fax: 805.499.6751




 

July 28,2016

Unilife Corporation 

250 Cross Farm Lane 

York, PA 17406

Attention: John C. Ryan 

Facsimile No.: (717) 384-3402


	
 
	
Re:
	
Convertible Notes Due 2023 




Dear John:

Reference is made to the Securities Purchase Agreement dated February 22, 2016 (the “Purchase Agreement”) among Unilife Corporation (“Holdings”), Unilife Medical Solutions, Inc. and Amgen Inc. (“Amgen”), and to the 6% Senior Secured Convertible Note Due 2023 dated February 22, 2016 issued to Amgen, and the subsequent such notes that may be purchased by Amgen in 2017 and 2018 pursuant to the Purchase Agreement (collectively, the ''Notes”).

Whereas each of Holdings, Unilife Medical Solutions, Inc. and Amgen desires to limit the right of Amgen to convert the Notes into common stock of Holdings, and notwithstanding Amgen's rights under the Notes to convert the Notes into common stock of Holdings, Amgen agrees hereby that it shall not convert the Notes into common stock of Holdings if, but solely to the extent, such conversion would cause Amgen to beneficially own 10% or more of the outstanding common stock of Holdings immediately following such conversion (the “Conversion Limit”).

Amgen shall have the unilateral right, in its sole discretion, to terminate the Conversion Limit at any time by providing written notice of such termination in accordance with the notice provisions of the Purchase Agreement (Section 10.3 thereof) to Holdings at least seventy-five (75) days prior to the date Amgen will terminate the Conversion Limit. Except as explicitly set forth herein, nothing in this letter is intended to limit, restrict or otherwise modify Amgen's right to convert the Notes into common stock of Holdings, or to purchase or sell common stock of Holdings.

 

 

 

 



 

Please sign this letter below to confirm your agreement with the foregoing.

 


	
 
	
 
	
Sincerely,

	
 
	
 
	
 

	
 
	
 
	
Amgen, Inc.

	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
By:
	
/s/ David Piacquad

	
 
	
 
	
 
	
Name:
	
David Piacquad

	
 
	
 
	
 
	
Title:
	
Sr. Vice President, 

Business Development




 


	
Acknowledged and Agreed:
	
 
	
 
	
 

	
 
	
 
	
 

	
Unilife Corporation
	
 
	
Unilife Medical Solutions, Inc.

	
 
	
 
	
 
	
 
	
 

	
By:
	
/s/ John Ryan
	
 
	
By:
	
/s/ David Hastings

	
Name:
	
John Ryan
	
 
	
Name:
	
David Hastings

	
Title:
	
Interim President and Chief Executive Officer, 

Senior Vice President, General Counsel and Secretary
	
 
	
Title:
	
Senior Vice President and

Chief Financial Officer




Amgen Contract No.: 2016653390-001
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
INTERUNION FINANCIAL CORPORATION CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR
ENDED MARCH 31, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                         285,706
<SECURITIES>                                19,885,302
<RECEIVABLES>                                  690,374
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            21,958,698
<PP&E>                                       2,065,928
<DEPRECIATION>                               (865,975)
<TOTAL-ASSETS>                              29,448,186
<CURRENT-LIABILITIES>                       20,908,544
<BONDS>                                        619,992
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    150,000
<COMMON>                                         2,114
<OTHER-SE>                                   9,750,249
<TOTAL-LIABILITY-AND-EQUITY>                29,448,186
<SALES>                                              0
<TOTAL-REVENUES>                             1,463,884
<CGS>                                                0
<TOTAL-COSTS>                                1,504,959
<OTHER-EXPENSES>                                95,678
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             246,611
<INCOME-PRETAX>                              (390,182)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (390,182)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (390,182)
<EPS-BASIC>                                     (0.21)
<EPS-DILUTED>                                   (0.21)


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