alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JORGE ROCA-SUAREZ, a.k.a. George

Roca, a.k.a. Jorge Roca,

 Defendant - Appellant.

No. 13-50393

D.C. No. 2:90-cr-00877-SVW

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Stephen V. Wilson, District Judge, Presiding

Submitted May 13, 2014** 

Before: CLIFTON, BEA, and WATFORD, Circuit Judges.

Jorge Roca-Suarez appeals pro se from the district court’s order denying his

motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have

jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

MAY 22 2014

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.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Roca-Suarez contends that he is entitled to a sentence reduction under

Amendment 591 to the Sentencing Guidelines. We review de novo whether a

district court had authority to modify a sentence under section 3582(c)(2). See

United States v. Leniear, 574 F.3d 668, 672 (9th Cir. 2009). Contrary to

Roca-Suarez’s contention, Amendment 591 did not alter the Guidelines section

applicable to his offense of conviction or the calculation of his Guidelines range

under U.S.S.G. § 2D1.1. See U.S.S.G. app. C, amend. 591 (Supp. 2003); see also

United States v. McEnry, 659 F.3d 893, 898-99 (9th Cir. 2011) (discussing changes

made by Amendment 591). Because Amendment 591 did not lower Roca-Suarez’s

Guidelines range, the district court lacked authority to reduce his sentence. See 18

U.S.C. § 3582(c)(2); Leniear, 574 F.3d at 674.

Roca-Suarez also contends that the district court erred by failing to explain

the reasons for its denial of his motion. Because the court had no authority to

modify Roca-Suarez’s sentence, however, its summary denial was not improper. 

AFFIRMED.

2 13-50393
Exhibit 32.1



Certification of Chief Executive Officer

Pursuant to

Section 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. 1350)



In connection with the Quarterly Report
on Form 10-Q for the quarter ended March 31, 2012 (the “Report”) of VII Peaks-KBR Co-Optivist Income
BDC II, Inc.(the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I,
Gurpreet S. Chandhoke, the Chief Executive Officer and President, hereby certify, to the best of my knowledge, 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.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



| | By: | /s/ Gurpreet S. Chandhoke                                                                             
| | --- | ------------------------------------------------------------------------------------------------------
| |     | Gurpreet S. Chandhoke                                                                                 
| |     | Chairman of the Board of Directors,
Chief Executive Officer and President(Principal Executive Officer)
**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 this Amendment No. 2 to the Quarterly Report of New Enterprise Stone & Lime Co., Inc. (the “Company”) on Form 10-Q/A for the quarter ended May 31, 2012, as filed with the Securities and Exchange Commission on the date hereof (the “Form 10-Q”), I, Albert L. Stone, 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:

 

(i)           the Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934; and

 

(ii)        the 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 20, 2013

 

 
| /s/ Albert L. Stone                                 |   |
|-----------------------------------------------------|--------|
| Albert L. Stone                                     |   |
| *Senior Vice President and Chief Financial Officer* |   |

 

----
alks_Ex_10-26-5



		

			Exhibit 10.26.5

		





		
			2011 Plan – US certificate
		

			
					
						
Chairman and Chief Executive Officer
(Principal Executive Officer)

					
					
						 

				
	
					
						Restricted Stock Unit Award Certificate

					
						(Performance-based award)

					
					
						

					
						 

					
						ID: XXXXXXXX

					
						Connaught House

					
						1 Burlington Rd.

					
						Dublin 4, Ireland

				



		
			 
		

		
			 
		

			
					
						
Chairman and Chief Executive Officer
(Principal Executive Officer)

					
					
						 

				
	
					
						«FIRST_NAME» «MIDDLE_NAME» «LAST_NAME»

					
						«ADDRESS_LINE_1»

					
						«ADDRESS_LINE_2»

					
						«ADDRESS_LINE_3»

					
						«CITY»,  «STATE»    «ZIP_CODE»

					
					
						Option Number:

					
						Plan:

					
						 

					
						 

					
						 

					
						ID:

				



		
			 
		

		
			 
		

		
			Effective on «GRANT_DATE», you have been granted a Restricted Stock Unit (“RSU”) award.  The RSU award is for a total of «SHARES_GRANTED» shares of Alkermes plc (the “Company”) ordinary shares. 
		

		
			 
		

		
			The RSU award is granted under and is governed by the terms and conditions of this Restricted Stock Unit Award Certificate and the Alkermes plc 2011 Stock Option and Incentive Plan, as amended (the “Plan”).  Unless otherwise defined in this Award Certificate, all capitalized terms shall be as defined in the Plan.
		

		
			 
		

		
			The right to acquire the shares subject to the RSU award is based upon:  
		

		
			 
		

		
			  ***ADD PERFORMANCE Criteria AND ANY RELEVANT forfeiture language***
		

		
			 
		

		
			*** ADD VESTING SCHEDULE***
		

		
			 
		

		
			You must be employed by the Company on a vesting date in order to receive the RSU award shares that vest on that date.  For the purpose of the terms of this RSU award, you will be deemed to be employed by the Company so long as you remain employed by a company which continues to be a subsidiary of the Company.  
		

		
			 
		

		
			In the event of the termination of your employment with the Company (but not the termination of a non-employment relationship with the Company) by reason of death or permanent disability, the RSU award shall vest in full on such termination of employment.  
		

		
			 
		

		
			 
		

		
			 
		

			
					
						 

					
					
						 

				
	
					
						____________________________________________

					
						Alkermes plc

					
					
						______________________

					
						Date
II 

113TH CONGRESS 

1ST SESSION S. 939 

To amend title 38, United States Code, to treat certain misfiled documents 

as motions for reconsideration of decisions by the Board of Veterans’ 

Appeals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2013 

Mr. BLUMENTHAL (for himself and Mr. BEGICH) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to treat certain 

misfiled documents as motions for reconsideration of decisions by the Board of Veterans’ Appeals, 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. TREATMENT OF CERTAIN MISFILED DOCU4 MENTS AS MOTIONS FOR RECONSIDERATION 

5 OF DECISIONS BY BOARD OF VETERANS’ AP6 PEALS. 

7 Section 7103 of title 38, United States Code, is 

8 amended— 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 939 IS

1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing new subsection (c): 

5 ‘‘(c)(1) Except as provided in paragraph (2), if a per6 son adversely affected by a final decision of the Board, 

7 who has not filed a notice of appeal with the United States 

8 Court of Appeals for Veterans Claims under section 

9 7266(a) of this title within the period set forth in that 

10 section, files a document with the Board or the agency 

11 of original jurisdiction referred to in section 7105(b)(1) 

12 of this title that expresses disagreement with such decision 

13 not later than 120 days after the date of such decision, 

14 such document shall be treated as a motion for reconsider15 ation of such decision under subsection (a). 

16 ‘‘(2) A document described in paragraph (1) shall not 

17 be treated as a motion for reconsideration of the decision 

18 under paragraph (1) if— 

19 ‘‘(A) the Board or the agency of original juris20 diction referred to in paragraph (1)— 

21 ‘‘(i) receives the document described in 

22 paragraph (1); 

23 ‘‘(ii) determines that such document ex24 presses an intent to appeal the decision to the 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 939 IS

1 United States Court of Appeals for Veterans 

2 Claims; and 

3 ‘‘(iii) forwards such document to the 

4 United States Court of Appeals for Veterans 

5 Claims; and 

6 ‘‘(B) the United States Court of Appeals for 

7 Veterans Claims receives such document within the 

8 period set forth by section 7266(a) of this title.’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
##### 



Exhibit 32.3 CERTIFICATION OF EDWARD J. LYSEN, CHIEF FINANCIAL OFFICER OF
ADVANCED ENVIRONMENTAL RECYCLING TECHNOLOGIES, INC. This certification is provided pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. 1350, and accompanies the quarterly report on Form 10-Q
(the Form 10-Q) for the quarter ended September 30, 2003 of Advanced
Environmental Recycling Technologies, Inc. (the Issuer). I, Edward J. Lysen, the chief financial officer of Issuer, certify that to the
best of my knowledge:  (i)
    
    the Form 10-K fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and(ii)
    
    the information contained in the Form 10-K fairly presents, in
all material respects, the financial condition and result of
operations of the Issuer. Dated: March 30, 2004 /s/ EDWARD J. LYSENEdward J. LysenChief Financial Officer
 A signed original of this written statement required by Section 906 has been
provided to the Issuer and will be furnished to the Securities and Exchange
Commission, or its staff, upon request.
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A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
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 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

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EXHIBIT 99.1

                           CERTIFICATION PURSUANT TO
                           -------------------------
                   SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                   ---------------------------------------------


In connection with the Annual Report of AnnTaylor,  Inc. (the "Company") on Form
10-K for the period  ended  February  1, 2003 as filed with the  Securities  and
Exchange  Commission (the "Report"),  I, J. Patrick  Spainhour,  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:

(1)  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.



Date:      March 14, 2003                         /s/   J. Patrick Spainhour
      --------------------------                  ----------------------------
                                                        J. Patrick Spainhour
                                                        Chief Executive Officer



This  certification  accompanies  the  Report  pursuant  to  Section  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
Section 18 of the Securities Exchange Act of 1934, as amended.
* 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

September 30, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-40576

Conference Calendar

 

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

ANTONIO RAMOS-LUCAS

Defendant - Appellant

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-58-ALL

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

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges. 

PER CURIAM:*

This court affirmed the judgment of conviction and sentence

of Antonio Ramos-Lucas (“Ramos”). Unites States v. Ramos-Lucas,

No. 04-40576 (5th Cir. Jan. 12, 2005) (unpublished). The Supreme

Court vacated and remanded for further consideration in light of

United States v. Booker, 125 S. Ct. 738 (2005). See De La CruzGonzalez v. United States, 125 S. Ct. 1995 (2005). We requested
No. 04-40576

-2-

and received supplemental letter briefs addressing the impact of

Booker. 

Ramos argues that the district court sentenced him under a

mandatory application of the United States Sentencing Guidelines

now prohibited by Booker. However, he identifies “no evidence in

the record suggesting that the district court would have imposed

a lesser sentence under an advisory guidelines system.” United

States v. Taylor, 409 F.3d 675, 677 (5th Cir. 2005). 

Ramos concedes that he cannot make the necessary showing of

plain error that is required by our precedent. Furthermore, he

correctly acknowledges that this court has rejected the argument

that a Booker error is a structural error or that such error is

presumed to be prejudicial. See United States v. Mares, 402 F.3d

511, 520-22 (5th Cir. 2005), petition for cert. filed (Mar. 31,

2005) (No. 04-9517); see also United States v. Malveaux, 411 F.3d

558, 561 n.9 (5th Cir. 2005), petition for cert. filed (July 11,

2005) (No. 05-5297). He desires to preserve this argument for

further review.

Because nothing in the Supreme Court’s Booker decision

requires us to change our prior affirmance in this case, we

therefore reinstate our judgment affirming Ramos’s conviction and

sentence.

AFFIRMED.