alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 March 30, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-10651 Summary Calendar

UNITED STATES OF AMERICA Plaintiff - Appellee

v. JOHNNY JOSE RAMIREZ Defendant - Appellant

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:02-CR-114-ALL-C

-------------------- Before KING, Chief Judge, and EMILIO M. GARZA and BENAVIDES, Circuit Judges.
PER CURIAM: * Johnny Jose Ramirez appeals his sentence imposed following his guilty plea conviction for being a felon in possession of a weapon. Ramirez was sentenced to the maximum statutory sentence of 120 months, to be followed by a three-year term of supervised release. Ramirez ar gues that the district court misapplied the sentencing guidelines by enhancing his offense level pursuant toNo. 03-10651 -2- U.S.S.G. § 2A1.2, the guideline for the offense of second degree murder, because the district court did not find and the evidence did not show that he acted with malice. Ramirez argues that because the application of § 2A1.2 dramatically increased his guideline sentencing range, a higher standard of proof than the preponderance of the evidence was required to prove the sentencing factors. Ramirez’s 120-month sentence was not a dramatic departure from the guideline sentence that could have been imposed if the second degree murder guideline had not been considered. Therefore, the district court did not err in failing to require a higher standard of proof than a preponderance of the evidence at sentencing. See United States v. Mergerson , 4 F.3d 337, 343 (5th Cir. 1993). Ramirez concedes that his conduct did not constitute voluntary manslaughter because he did not act in the heat of passion or anger. Because Ramirez was a felon illegally in possession of a firearm at the time of the offense, an unlawful act, his conduct did not constitute involuntary manslaughter.
See 18 U.S.C. § 1112(a). In the absence of evidence that Ramirez believed that his life was in danger or that he was threatened with serious bodily harm by the approaching Prado, Ramirez’s decision to shoot Prado exhibited extreme recklessness and wanton disregard for human life sufficient to display malice aforethought. Lara v. U.S. Parole Comm’n , 990 F.2d 839, 841 (5th Cir. 1993). Ramirez’SNo. 03-10651 -3- failure to testify at sentencing left unrebutted the reliable evidence in the presentence report that Prado was unarmed during the incident and did not present a threat of serious bodily harm to Ramirez. Because the preponderance of the evidence showed that Ramirez committed second degree murder, the district court did not clearly err in relying on § 2A1.2 at sentencing.
AFFIRMED.
Exhibit 10.23


 


Escalade, Incorporated


Schedule of Director Compensation


 


Each independent director of Escalade,
Incorporated currently is entitled to receive an annual cash retainer of $35,000. Each member of the Audit Committee is entitled
to receive an additional annual fee of $5,000 except for the Audit Committee Chairman who is entitled to receive $15,000. Each
member of the Compensation Committee is entitled to receive an additional annual fee of $3,000 except for the Compensation Committee
Chairman who is entitled to receive $10,000. Members of the Audit Committee and Compensation Committee receive additional fees
of $1,000 per committee meeting attended in excess of six and four meetings respectively. Mr. Robert Griffin, the Chairman of the
Board, is entitled to receive an annual cash retainer of $90,000. All independent directors and Mr. R. Griffin are entitled to
receive an additional fee of $1,000 per board meeting attended in excess of eight meetings per year. In 2013, each of the independent
directors and Mr. R. Griffin received an annual stock option award of 7,500 shares with a one year vesting.


 


Under
the terms of the Escalade, Incorporated 2007 Incentive Plan, directors can elect to receive some or all of the fees earned in shares
of the Company’s common stock or in the form of RSU’s which vest after one year. In 2013, there were 29,138 shares
of common stock issued pursuant to the plan. In 2013, directors R. Griffin, White and Williams opted to receive 100% of the fees
they were entitled to in the form of common stock. Director Baalmann received a combination of cash and stock. Director Savitsky
received his fees in cash.


 


Directors Keller and P. Griffin are full-time
employees of the Company and receive no board fees in connection with their service on the Company’s Board of Directors.
AMENDMENT TO EMPLOYMENT AGREEMENT


 


This Amendment to Employment Agreement dated this 18th day of
February 2014 by and between Union Center National Bank (“Bank”) and Mr. Arthur M. Wein (“Executive”).


 


WHEREAS, Bank and Executive entered into an agreement
dated April 12, 2013 with respect to Executive’s employment with Bank (the “Agreement”); and


 


WHEREAS, Bank and Executive are desirous of entering
into an Amendment to the Agreement to clarify the payments, if any, to be made to Executive under certain circumstances.


 


NOW, THEREFORE, for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:


 


1) Notwithstanding anything in Paragraphs
8 or 9 of the Agreement to the contrary, with respect to any payments due Executive under Paragraph 8 or 9, which relate to “two
(2) times the annual salary” paid to Executive, such payment shall be calculated on the annual base salary in effect on December
31, 2013. For purposes of clarification, an Executive may receive a salary increase effective in calendar year 2014, but such increase
shall not be included for purposes of calculating payments due Executive under the Agreement.


 


2) In all other respects the Agreement is
hereby ratified and affirmed.


 


IN WITNESS WHEREOF, the Parties have set their hands
and seals on the date and year first above written.


 


	UNION CENTER NATIONAL BANK 	EXECUTIVE






 


 


 





	By /s/	Anthony C. Weagley	 	/s/	Arthur
M. Wein




	Anthony C. Weagley	 	Name: Arthur M. Wein
	Its:  President and CEO
ELNK-EX10.23_2013.12.31-10K


Exhibit 10.23




EARTHLINK HOLDINGS CORP.
Board of Directors Compensation Plan
(Effective as of February 2014)
		
	1.
	Retainers


		
	a.
	Each independent director receives a $95,000 annual retainer.  


		
	b.
	The Chairman of the Board receives an additional $75,000 annual retainer.


		
	c.
	The Audit Committee chair and the Leadership and Compensation Committee chair each receive an additional $25,000 annual retainer.


		
	d.
	The Corporate Governance and Nominating Committee chair receives an additional $15,000 annual retainer.


		
	e.
	All retainers are paid annually in advance, following the annual shareholder meeting.


		
	f.
	Each independent director who joins the Board after the Board meeting that coincides with the annual shareholder meeting will receive a prorated annual retainer representing the number of months commencing with the month in which the director is appointed and ending with the month in which the next annual meeting is scheduled.  The prorated annual retainer will be paid upon the director’s appointment.


		
	2.
	Restricted Stock Units


		
	a.
	Independent directors receive a grant of RSUs valued at $130,000 on the first business day immediately following the annual shareholder meeting.


		
	b.
	RSUs will vest on the earlier of the first anniversary of the grant date or the date of the next annual shareholder meeting following the grant date, provided the director is serving as an independent director at that time.  Unvested RSUs shall be forfeited if the director leaves the Board prior to such time.


		
	i.
	Note:  Each RSU represents the right to receive one share of EarthLink stock.  Upon vesting, the RSUs will be payable in shares of stock (in which case the recipient has taxable income equal to the value of the shares received on the date of vesting).


		
	c.
	Each independent director who joins the Board after the Board meeting that coincides with the annual shareholder meeting will receive a prorated annual RSU grant representing the number of months commencing with the month in which the director is appointed and ending with the month in which the next annual meeting is scheduled.  The prorated annual grant will be made upon the director’s appointment.  These RSUs will vest on the same date as the vesting date for the applicable annual RSU grant.


		
	3.
	Meeting Expenses


		
	a.
	EarthLink reimburses directors for their expenses incurred in attending Board of Directors and Committee meetings.


		
	4.
	Education Expenses


		
	a.
	EarthLink will pay reasonable program fees and associated travel expenses for each director to participate in one or more additional relevant director education programs.  In selecting director education programs, directors should consider general Board governance and specific Committee focus.
Shire plc


Corporate Headquarters:


5 Riverwalk


Citywest Business Campus


Dublin 24


Ireland

	













www.shire.com








	
To:

	
Barclays Bank Plc (as Agent)







 



	
From:

	
Shire plc (as Parent Company)







 



	
Dated:

	
18 February 2014







 


Shire PLC - US$ 2,600,000,000 Term Facilities Agreement


dated 11 November 2013 (the “Agreement”)








	
1.

	
We refer to the Agreement. Terms defined in the Agreement have the same meaning in this letter unless given a different meaning in this letter.













	
2.

	
We refer to Clause 7.2 (Voluntary cancellation).













	 	
(a)

	
The Parent company requests the voluntary cancellation of US$350,000,000.00 (Three hundred and fifty million US dollars) of Available Facility under Facility A.













	 	
(b)

	
The effective date of such cancellation is 21 February 2014.













	
3.

	
This letter may be executed in any number of counterparts and this has the same effect as if the signatures on the counterparts were on a single copy of this letter.













	
4.

	
This letter and any non-contractual obligations arising out of or in connection with it are governed by English law.













	
5.

	
This letter has been entered into on the date stated at the beginning of this letter.













	
6.

	
This letter is irrevocable.


















/s/ Thomas Greene







Shire plc


 


By: Tom Greene







 



/s/ Simon Deaves


 




Barclays Bank Plc







By: Simon Deaves


 


 







Incorporated and registered In Jersey No. 99854


Registered Office: Shire plc, 22 Grenville Street, St Heller, Jersey JE-4 8PX
|   | 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Digital Angel Corporation; and |
|--------|----|------------------------------------------------------------------------------------------------------------|

|   | 2. | Based on my knowledge, this 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 report. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/ Joseph J. Grillo                             |   |
|--------|-------------------------------------------------------|--------|
|   | Joseph J. GrilloPresident and Chief Executive Officer |   |

| * | Paragraphs 3, 4 and 5 of the form of certification are omitted because this Amendment No. 1 on Form 10K/A does not include the information as to which such paragraphs relate. |
|---|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE FINANCIAL
STATEMENTS OF AQUAGENIX, INC. AS OF DECEMBER 31, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS AND RELATED FOOTNOTES.
</LEGEND>
<MULTIPLIER>                                   1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         799,286
<SECURITIES>                                   0
<RECEIVABLES>                                  1,025,550
<ALLOWANCES>                                   182,809
<INVENTORY>                                    640,225
<CURRENT-ASSETS>                               4,111,765
<PP&E>                                         4,670,799
<DEPRECIATION>                                 1,663,922
<TOTAL-ASSETS>                                 13,150,675
<CURRENT-LIABILITIES>                          2,498,093
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       47,246
<OTHER-SE>                                     4,755,318
<TOTAL-LIABILITY-AND-EQUITY>                   13,150,675
<SALES>                                        0
<TOTAL-REVENUES>                               13,188,266
<CGS>                                          8,444,450
<TOTAL-COSTS>                                  15,121,525
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             764,679
<INCOME-PRETAX>                                (2,697,938)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (2,697,938)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (2,697,938)
<EPS-PRIMARY>                                  (0.61)
<EPS-DILUTED>                                  (0.61)
        


</TABLE>
I

103D CONGRESS

2D SESSION H. R. 4031

To provide for the prosecution as adults of juveniles 13 years old or older

for certain crimes of violence.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1994

Mr. SCHUMER introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide for the prosecution as adults of juveniles 13

years old or older for certain crimes of violence.

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 ‘‘Juvenile Prosecution

5 Act of 1994’’.

6 SEC. 2. PROSECUTION AS ADULTS OF CERTAIN JUVENILES

7 FOR CRIMES OF VIOLENCE.

8 The 4th undesignated paragraph of section 5032 of

9 title 18, United States Code, is amended by striking ‘‘;

10 however’’ and inserting ‘‘. In the application of the preced-
2

•HR 4031 IH

1 ing sentence, if the crime of violence is an offense under

2 section 113(a), 113(b), 113(c), 1111, 1113, or, if the juve3 nile possessed a firearm during the offense, section 2111,

4 2113, 2241(a), or 2241(c) of this title, ‘thirteen’ shall be

5 substituted for ‘fifteen’ and ‘thirteenth’ shall be sub6 stituted for ‘fifteenth’. However’’.

7 SEC. 3. COMMENCEMENT OF JUVENILE PROCEEDING.

8 Section 5032 of title 18, United States Code, is

9 amended by striking ‘‘Any proceedings against a juvenile

10 under this chapter or as an adult shall not be commenced

11 until’’ and inserting ‘‘A juvenile shall not be transferred

12 to adult prosecution nor shall a hearing be held under sec13 tion 5037 (disposition after a finding of juvenile delin14 quency) until’’.

15 SEC. 4. SEPARATION OF JUVENILE FROM ADULT OFFEND16 ERS.

17 Section 5039 of title 18, United States Code, is

18 amended by inserting ‘‘, whether pursuant to an adjudica19 tion of delinquency or conviction for an offense,’’ after

20 ‘‘committed’’.

Æ
I

103D CONGRESS

2D SESSION H. R. 4014

To amend the Flood Control Act of 1968 to prohibit the imposition of

certain fees for use of developed recreation sites and facilities.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1994

Mr. BARLOW introduced the following bill; which was referred jointly to the

Committees on Public Works and Transportation and Natural Resources

A BILL

To amend the Flood Control Act of 1968 to prohibit the

imposition of certain fees for use of developed recreation

sites and facilities.

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

3 SECTION 1. RECREATIONAL USER FEES.

4 (a) FEES FOR USE OF DEVELOPED RECREATION

5 SITES AND FACILITIES.—Section 210 of the Flood Con6 trol Act of 1968 (16 U.S.C. 460d–3) is amended—

7 (1) by striking ‘‘(a) PROHIBITION ON ADMIS8 SION FEES.—’’;

9 (2) by inserting after the first sentence the fol10 lowing: ‘‘User fees at these lakes and reservoirs shall
2

•HR 4014 IH

1 be collected by officers and employees of the United

2 States only from users of highly developed facilities

3 requiring continuous presence of personnel for main4 tenance and supervision of the facilities, and shall

5 not be collected for access to or use of water areas,

6 undeveloped or lightly developed shoreland, picnic

7 grounds, overlook sites, scenic drives, or boat

8 launching ramps where no mechanical or hydraulic

9 equipment is provided.’’; and

10 (3) by striking subsection (b).

11 (b) CAMPSITES.—Section 4(b) of the Land and

12 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

13 6a(b)) is amended by inserting before the last sentence

14 the following: ‘‘At each lake or reservoir under the juris15 diction of the Corps of Engineers where camping is per16 mitted, such agency shall provide at least 1 primitive

17 campground, containing designated campsites, sanitary

18 facilities, and vehicular access, where no charge is

19 imposed.’’.

Æ
Page 1 of 3

Disposition Comments

Docket No: FAA-2012-1346 These comments are in

Directorate ID: 2012-CE-047-AD response to an SNPRM

Originating Office Tracking No.: 

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

No Has the referenced service information been revised since the NPRM was issued? If yes, 

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
[Larson Allen Letterhead]


                        INDEPENDENT ACCOUNTANTS' CONSENT



The Board of Directors and Stockholders
FSF Financial Corp.
Hutchinson, Minnesota 55350


We consent to the use of our report  dated  October  26,  2002,  relating to the
consolidated  statements  of financial  condition  of FSF  Financial  Corp.  and
Subsidiaries as of September 30, 2002 and the related consolidated statements of
income,  comprehensive  income,  changes in stockholders' equity, and cash flows
for the three  years then  ended,  which  report  appears  in the  Corporation's
September 30, 2002 annual report and incorporated by reference in Form 10-K.



/s/Larson, Allen, Weishair & Co., LLP
-------------------------------------
Larson, Allen, Weishair & Co., LLP
Austin, Minnesota
December 16, 2002
Exhibit 32.1



CERTIFICATION



Pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002

(subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the undersigned officer of LVFAR
Green Technology Corp., a Delaware corporation (the “Company”), does hereby certify, to such officer’s knowledge,
that:



The Quarterly Report on Form 10-Q for the
quarter ended July 31, 2013 (the “Form 10-Q”) of the Company fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company.



|Dated:  September 16, 2013 | By: | /s/ Peter H. Tong                         
|-------------------------- | --- | ------------------------------------------
|                           |     | Peter H. Tong, Chief Executive Officer and
|                           |     | Chief Financial Officer                   



The foregoing certification is being furnished
solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title
18, United States Code) and is not being filed as part of Form 10-Q or as a separate disclosure document.



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