alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Linda R. Reade, Chief J udge, United States District Court for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-3112

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. Kevin Lanagan, * * [UNPUBLISHED] Appellant. *

___________ Submitted: May 7, 2008 Filed: May 15, 2008

___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Kevin Lanagan challenges the 151-month prison sentence the district court 1 imposed following his guilty plea to maintaining a building for storing and distributing cocaine base, in violation of 21 U.S.C. § 856; three counts of distributing cocaine base, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C); and being a cocainebase user in possession of firearms a nd ammunition, in violation of 18 U.S.C. §§ 922(g)(3) and 924(a)(2). For reversal, Lanagan argues thatthe district court erred in applying a dangerous-weapon enhan cement under U.S.S.G. § 2D1.1(b)(1).-2- After careful review, we find that the district court’s application of the section 2D1.1(b)(1) enhancement is not clearly erroneous, because a shotgun and ammunition were found in the house from which Lanagan had sold cocaine and kept drug paraphernalia. See United States v. Harris , 493 F.3d 928, 931-32 (8th Cir. 2007) (standard of review), cert. denied , 128 S. Ct. 1263 (2008); U.S.S.G. § 2D1.1(b)(1), comment. (n.3) (enhancement should be a pplied if weapon was present unless it is clearly improbable that weapon was connected with offense); United States v. Annis , 446 F.3d 852, 856 (8th Cir. 2006) (generally enhancement applies if gun is found in same location where drugs or drug paraphe rnalia were stored, or where part of conspiracy took place), cert. denied , 127 S. Ct. 3044 (2007).
Accordingly, the judgment is affirmed.

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pri-ex1034_601.htm



 

EXHIBIT 10.34

AMENDMENT TO amended and RESTATED EMPLOYMENT AGREEMENT

AMENDMENT by and between Primerica, Inc. (the “Company”), and Gregory C. Pitts (the “Executive”) dated as of the 17th day of November, 2015.

WHEREAS, the Board of Directors of the Company (the “Board”) has previously determined that it is in the best interests of the Company and its stockholders to employ the Executive as the Company’s Executive Vice President and Chief Operating Officer;

WHEREAS, the Company and the Executive entered into an Amended and Restated Employment Agreement embodying the terms of such employment dated as of January 2, 2015 (the “2015 Agreement”); and

WHEREAS, the Company and the Executive desire to modify certain terms of the 2015 Agreement;

NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration, the receipt of which is mutually acknowledged, the Company and the Executive (individually a “Party” and together the “Parties”) agree as follows:

1.Section 5(a)(i) of the 2015 Agreement is stricken in its entirety and replaced with the following:

(i)the Company shall pay to the Executive in a lump sum in cash on the 60th day (except as specifically provided in Section 5(a)(i)(A)(2)) after the Date of Termination the aggregate of the following amounts:

A.the sum of (1) the Executive’s accrued but unpaid Annual Base Salary and any accrued but unused vacation pay through the Date of Termination, and (2) the Executive’s Annual Bonus for the fiscal year immediately preceding the fiscal year in which the Date of Termination occurs if such bonus has not been paid as of the Date of Termination (at the time such Annual Bonus would otherwise have been paid) (together, the “Accrued Obligations”); and  

B.the amount equal to the product of (x) 1.0 (or, if the Date of Termination occurs within the six month period prior to or the two-year period following a Change of Control (as defined in the Primerica, Inc. 2010 Omnibus Incentive Plan), 1.5), and (y) the sum of (I) the Executive’s Annual Base Salary as of the Date of Termination and (II) the Target Bonus as of the Date of Termination.

2.The amendments set forth herein are limited to the subject matter thereof. All other provisions of the 2015 Agreement shall remain unchanged.  

 

 [Signature page follows.]

 




 



 

IN WITNESS WHEREOF, the Executive has hereunto set the Executive’s hand and, pursuant to the authorization from its Board of Directors, the Company has caused these presents to be executed in its name and on its behalf, all as of the day and year first above written.

 

 /s/ Gregory C. Pitts
GREGORY C. PITTS 





PRIMERICA, INC.



By: /s/ P. George Benson
Title: Lead Director
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Electronically FiledIntermediate Court of AppealsCAAP-10-000003831-MAR-201110:38 AM
Exhibit 31.1


Certification of Principal Executive Officer


Pursuant to Section 302 of Sarbanes-Oxley Act of 2002


I, Jerome Griffith, certify that:


1. I have reviewed this Quarterly Report on Form 10-Q of Tumi Holdings, Inc.;


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;


3. Based on my knowledge, the financial statements, and other financial information included in this 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 report;


4. The registrant’s other certifying officer and I are 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 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 report is being prepared;


(b) (Paragraph omitted pursuant to Rule 13a-14(a) of the General Rules and Regulations promulgated under the Securities Exchange Act of 1934);


(c) 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


(d) 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 registrant’s internal control over financial reporting; and


5. The registrant’s other certifying officer(s) 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 the registrant’s board of directors (or persons performing the equivalent functions):


(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.


Date: August 7, 2012





/s/ Jerome GriffithJerome GriffithChief Executive Officer, President and Director
EXHIBIT 12.2

Section 302 Certification

I, Domenico Bertucci, certify that:

1. I have reviewed this Annual Report on Form 20-F of Twin Mining Corporation;

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;

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

4. The companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and 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 company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b) evaluated the effectiveness of the company'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 company's internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and

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

(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 company'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 company's internal control over financial reporting.



Date: February 27, 2006

| |                                                                          
| | -------------------------------------------------------------------------
| | /s/ Domenico Bertucci                                                    
| | Domenico Bertucci                                 Chief Financial Officer





1.
Michigan Supreme Court Lansing, Michigan

Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman,
Justices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk July 19, 2006

d0712 

# Order

July 19, 2006

130590

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 130590 COA: 267331 Wayne CC: 02-006650-01 FRANK DAVID MILLER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the February 6, 20 06 order of the Court of Appeals is considered. The defendant alleges that after appointed appellate counsel missed the jurisdictional d eadline for filing an application for leave to appeal to the Court of Appeals, counsel f iled a motion for relief from judgment without the defendant’s permission. Th e defendant further alleges th at he did not discover these facts until after the Court of Appeals denied th e application for leave to appeal the denial of counsel’s motion for relief from judgment . Assuming, without deciding, that these allegations are true, defendant still must meet the requirements of MCR 6.508(D). Accordingly, the defendant’s application for leave to appeal is DENIED, because he has

failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).

K ELLY , J., would remand this case for a hearing pursuant to People v Ginther , 390 Mich 436 (1973).
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### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 70015

CARLOS MANUEL AYESTAS, al so known as Dennis Zelaya Corea , Petitioner

- Appellant

v. WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, COR RECTIONAL INSTITUTIONS DIVISION , Respondent

- Appellee

Appeal from the United States District Court for the Southern District of Texas

ON PETITION FOR REHEARING AND REHEARING EN BANC

Before DAVIS, SMITH, and SOUTHWICK , Circuit Judges

. PER CURIAM: No member of this panel nor judge in regular active service on the court having requested that the court be polled on Rehearing En Banc, the Petition for Rehearing En Banc is DENIED. See F ED

. R. A PP

. P. 35; 5 TH C IR

. R. 35

. The Petition for Panel Rehearing is also DENIED. In the petitions, Ayestas makes two arguments to which we will respond. First, h e alleges errors with our holding under Rhines v. Weber , 544 U.S. 269 (2005) . Specifically, he claims we held that “ because federal habeas counsel did not locate the Siegler Memo sooner, it wa s insufficiently diligent under”No. 15

- 70015

2 A rticle 11.071 § 5(a)(1) of the Texas Code of Criminal Procedure

. We were not, though, referring to the diligence of federal habeas counsel in locating t he

memo . It was the diligence of Ayestas’s trial counsel that we were describing

. Our analysis is consistent with Rhines. Ayestas also points out that he was not in fact examined by a psychologist in 1997 , but we state d he had been in our opinion. Our a nalysis is nonetheless unchanged. In our opinion, we held that even if Ayestas had
shown there had been deficient performance under Strickland v. Washington, 466 U.S. 668 (1984) , he did not show prejudice, that is, a

“ substantial, not just conceivable, likelihood of a different result .” Ayestas v. Stephens , No. 15

- 70015, 2016 WL 1138855, at *6 (5th Cir. Mar. 22, 2016) (quoting Cullen v. Pinholster, 563 U.S. 170, 189 (2011) ). Ayestas does not challenge this aspect of our panel opinion . O ur conclusion t hat Strickland ineffectiveness was not shown remain s unchanged.
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