alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2010 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-21-2010

USA v. Tamika Riley

Precedential or Non-Precedential: Precedential

Docket No. 08-3361

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2010

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2010 Decisions by an authorized administrator of Villanova

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Recommended Citation

"USA v. Tamika Riley" (2010). 2010 Decisions. Paper 331.

http://digitalcommons.law.villanova.edu/thirdcircuit_2010/331
Honorable Jane A. Restani, Chief Judge of the United States Court of *

International Trade, sitting by designation.

PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________________

Nos. 08-3361, 08-3413, 08-3758, and 08-3759

___________________

UNITED STATES OF AMERICA, 

Appellee and Cross-Appellant

v.

TAMIKA RILEY AND SHARPE JAMES

 Appellants and Cross-Appellees

___________________

On Appeal from the United States District Court 

for the District of New Jersey

(D.C. No. 2-07-cr-00578)

District Judge: Honorable William J. Martini

___________________

Argued April 13, 2010 

Before: SLOVITER and NYGAARD, Circuit Judges, and RESTANI, Judge *

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed

September 16, 2010, be amended as follows:

Page 10, footnote 12, line 4, substitute “note11" for “note12".
2

Page 14, delete the last sentence of section “i”.

Page 14, heading “ii”, which read:

Harmless Error Review

shall read:

Affect on Appellants’ Substantial Rights

Page 14, delete the first sentence of section “ii”, including citations.

Page 15, first sentence of the first full paragraph which read:

While it is true that the jury convicted James of a substantive violation

referred to in one of the alternative descriptions of duty, 18 U.S.C. § 666

(Count 4), we cannot be certain of how the jury utilized the broad definition

of an honest services violation given in connection with the entire

conspiracy charge.

shall read:

While it is true that the jury convicted James of a substantive violation

referred to in one of the alternative descriptions of duty, 18 U.S.C. § 666

(Count 4), dependents have met their burden of showing a reasonable

probability that the jury utilized the broad definition of an honest services

violation given in connection with the entire conspiracy charge.

Page 15, delete the last sentence of the first full paragraph.

BY THE COURT,

/s/ Jane A. Restani 

Judge

DATED: October 21, 2010
Ms. Holly D. Nehls

Owner/General Manager 

Konect Aviation Oregon LLC.

4040 S.E. Cirrus Ave., Ste. 3

McMinnville, OR 97128

Dear: Ms. Nehls:

This letter is to inform you that we are unable to process your request for an exemption from 

§ 135 of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, 

would allow pilots trained and employed Konect Aviation Oregon LLC (Konect) to remove 

and re-install aircraft doors and secondary flight controls on the Robinson R44 Raven II. 

Below you will find the reasons why we cannot process your request and what you should do 

in the next 30 days.

Why We Can Not Process Your Request

We entered your August 4, 2015, exemption request on behalf of Konect into the public 

docket (Regulatory Docket No. FAA-2015-3625), but we are unable to process your request 

any further. The information you sent does not comply with the requirements of § 11.81 

(copy enclosed). For us to consider the request any further, you must send us all of the 

following:

• The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reasons why you seek relief.

• The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole.

• The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption.

• Any additional information, views, or arguments available to support your request.
2

What You Should Do

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days from the date of this letter. We will consider the docket on 

your request open during this period. Please note that § 11.63(d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption.

If We Do Not Hear From You

If we do not hear from you within 30 days from the date of this letter, we will close the docket 

without notifying you further. If you have any questions or require additional time, you may 

call (202) 267-9677.

Sincerely,

/s/

James M. Crotty

Manager, Aircraft and Airport Rules Division

Enclosure:

§ 11.81
3

Project No.: AXX-xx-xxx-E

Project Officer: _______________

ARM-104:TAdams:xx/xx/xx:Doc#xxxx

ARM-1/100/104:Program Office [or specific OPR routing symbol]

[Insert Stylewriter Score Here]

[INSERT ENVELOPE ADDRESS HERE]
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 Annual Report of Marine Growth Ventures, Inc. (the
“Company”) on Form 10-Q/A for the period ended September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Katherine A Ostruszka, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. section 1350 of the Sarbanes-Oxley Act of 2002, that:





(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.





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.





The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and
is not being filed for purposes of Section 18 of the Securities Exchange Act of
1934, as amended, and is not to be incorporated by reference into any filing of
the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.





Date:  April  30,
      2009
              By:
              /s/ Katherine A
      OstruszkaKatherine
      A Ostruszka
                Chief
      Financial Officer & Controller
                (Principal
      Financial Officer)
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 of Marine Growth Ventures, Inc. (the "Company") on Form 10-Q/A for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned officer of the Company hereby certifies, pursuant to 18 U.S.C. section
906 of the Sarbanes-Oxley Act of 2002, to such officer’s knowledge that:
 
 (i)  the Quarterly Report on Form 10-Q/A of the Company for the quarterly period ended June 30, 2009 (the “Report”)
fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (subject to the Company's position prevailing in regard to the remaining unresolved SEC comment, as more fully described in the Report); and
 
 (ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 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.
 
 
 October   1, 2009

/s/ Craign HodgkinsCraig Hodgkins,
President and Director(Principal Executive Officer)
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Consumer Product Safety Commission

# CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7923.

Dated: January 10, 2012.

Todd A. Stevenson,

Secretary.

[FR Doc. 2012-624 Filed 1-10-12; 4:15 pm]

BILLING CODE 6355-01-P
<PAGE>

                                  EXHIBIT 23.1

                         CONSENT OF INDEPENDENT AUDITORS

<PAGE>

                         Consent of Independent Auditors

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of InterWest Bancorp, Inc. and subsidiaries of our report dated November 8,
1999, except for Note 24 as to which the date is November 16, 1999, included in
the 1999 Annual Report to Shareholders of InterWest Bancorp, Inc. and
subsidiaries.

We also consent to the incorporation by reference in the following Registration
Statements and related Prospectuses of our report dated November 8, 1999, except
for Note 24 as to which the date is November 16, 1999, with respect to the
consolidated financial statements of InterWest Bancorp, Inc. and subsidiaries
incorporated by reference in this Annual Report (Form 10-K) for the year ended
September 30, 1999, filed with the Securities and Exchange Commission.

<TABLE>
<CAPTION>
         Registration
Form     Statement No.              Purpose
----     -------------              -------

<S>      <C>               <C>
S-8      33-99742          InterWest Bank 1984 Stock Option Plan
S-8      33-99742          InterWest Bancorp, Inc. 1993 Incentive & Non-Incentive
                           Stock Option Plans for Outside Directors
S-8      333-13191         Central Bancorporation 1992 Employee Stock Option Plan
                           & Central Bancorporation Director Stock Option Plan
S-8      333-24525         InterWest Bancorp, Inc. 1996 Outside Directors Option-for-
                           Fees Plan
S-8      333-50685         First National Bank of Port Orchard 1990 Employee &
                           Director Stock Option Plan
S-8      333-57679         Pacific Northwest Bank 1988 Stock Option Plan & Pioneer
                           Bancorp, Inc. Amended And Restated Incentive Stock Option Plan
S-8      333-65839         Kittitas Valley Bancorp 1996 Director Stock Option Plan &
                           Kittitas Valley Bancorp Employee Stock Option Plan
</TABLE>




Seattle, Washington                                  /s/ Ernst & Young LLP
December 23, 1999
<PAGE>   1



                                   EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT





Parent

InterWest Bancorp, Inc.


<TABLE>
<CAPTION>
                                                                   Jurisdiction or
                                               Percentage               State of
Subsidiaries (a)                              of Ownership         Incorporation
----------------                              ------------         -------------
<S>                                               <C>                <C>
InterWest Bank                                    100%               Washington

InterWest Financial Services, Inc. (b)            100%               Washington

InterWest Insurance Agency, Inc. (c)               70%               Washington

InterWest Properties, Inc. (b)                    100%               Washington

I & B, Inc. (c)                                    90%               Washington

Island Beach of Washington, Inc.
  and Beach Club (b)                              100%               Washington

Islander Resort (d)                               100%                 Florida

CI Resorts Equity Corp. (b)                       100%               Washington

Cornerstone Northwest Mortgage, Inc. (b)          100%               Washington
</TABLE>

----------
(a)    The operation of Bancorp's wholly owned subsidiaries are included in
       Bancorp's Financial Statements contained in the Annual Report attached
       hereto as Exhibit 13.

(b)    Wholly-owned subsidiary of InterWest Bank.

(c)    Interest owned by InterWest Bank.

(d)    Wholly-owned by Island Beach of Washington, Inc. and Beach Club.
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 Annual Report of The Hartcourt Companies, Inc.. (the
      "Company") on Form 10-K for the period ended May 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), we, Victor
      Zhou and Yungeng Hu, Chief Executive Officer, and President and Chief Financial
      Officer, respectively, of the Company, certify, pursuant to 18 U.S.C. § 1350, as
      adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:





(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 result of operations of the
      Company.





Dated:
                September 13, 2007
            By:
            /s/
                Victor ZhouVictor
                Zhou
              Chief
                Executive Officer
              
              
              /s/
                Yungeng Hu
              Yungeng
                Hu
              President
                & Chief Financial Officer





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

                                                                    Exhibit 32.2

                 CERTIFICATION OF THE CHIEF FINANCIAL OFFICER
                      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 of SWMX, Inc., (the "Company") on Form
10-QSB for the quarterly period ended September 30, 2007 the Securities and
Exchange Commission on the date hereof (the "Report"), I, James Caci, Chief
Financial 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
my knowledge:

       (1)  The Report fully complies with the requirements of Section 13 (a) of
            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.

November 14, 2007

                                      /s/ James Caci
                                      -------------------------------
                                      James Caci
                                      Chief Financial Officer
```
Exhibit 23.1

 

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-143616, 333-140454 and 333-112632)and Form S-8 (Nos. 333-140480, 333-131739, 333-122035, 333-115174, 333-103113, 333-81870, 333-72020, 333-55592, 333-30026, 333-52881,333-21551 and 33-98514) of Pharmacyclics, Inc. of our report dated September 22, 2009 relating tothe financial statements and the effectiveness of internal control over financial reporting which appears in this Form 10-K.

 

/s/  PricewaterhouseCoopers LLP

 

San Jose, California
<PAGE>   1
                                                                   EXHIBIT 10.39

                             ROSS TECHNOLOGY, INC.

                               April 1, 1997




Mr. Francis "Kit" Webster


Dear Mr. Webster:

I am pleased to offer you employment with ROSS Technology, Inc. at a bi-weekly
salary of $5,769.23. Your position will be that of Chief Financial Officer
("CFO"), reporting to the Chief Executive Officer ("CEO").

You will also be eligible to participate in ROSS' Employee Stock Option Plan
with a vesting date that will commence with your start date. We will recommend
that a total of 100,000 options be allocated to you. The details of the option
grant and purchase price are yet to be determined and are subject to the
approval of the ROSS Board of Directors and to shareholder approval. You will be
authorized to accrue a total of three (3) weeks vacation per year (4.62 hours
per pay period) beginning with your first month of employment.

Additionally, you will be eligible for an incentive bonus of up to 50% of your
base salary. The requirements for this bonus, including dates and qualifying
events, will be mutually agreed to between yourself, the CEO and the Human
Resources Committee of the Board of Directors.

In the event that you experience a termination without cause from ROSS
Technology, Inc., ROSS Technology, Inc. agrees to continue to pay your salary
for a period of six months following the date of your termination less amounts
which you earn or reasonably could have earned during the same period. This 
offer supersedes all prior discussions concerning your employment.

Enclosed is a second copy of your offer. Please sign the copy and return it to
me. This offer is valid through April 15, 1997. Your start date, should you
accept this offer, will be Wednesday, April 16, 1997. You may also fax your
confirmation to 512-892-3036, attention: Mr. Thomas Seuthe. If you have any
questions, or need to reschedule your start date, please feel free to call 
Mr. Seuthe at his office number (512) 436-2128.

Sincerely,

/s/ James T. Tramel

James T. Tramel
Director - Human Resources


            I accept the above offer:  /s/ Francis Webster          4/1/1997
                                     ----------------------------------------
                                              Signature               Date
# C_2006298EN.01000101.xml

| 8.12.2006 | EN | Official Journal of the European Union | C 298/1 |
| --- | --- | --- | --- |

8.12.2006

EN

Official Journal of the European Union

C 298/1

---

COUNCIL DECISION

COUNCIL DECISION

of 7 November 2006

regarding the position to be taken by the Community within the International Tropical Timber Council on the extension of the International Agreement on Tropical Timber, 1994

(2006/C 298/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2) thereof,

Having regard to the proposal from the Commission (1),

1

Whereas:

| (1) | The International Agreement on Tropical Timber of 1994 has been signed and provisionally applied by the Community by Council Decision 96/493/EC (2). |
| --- | --- |

(1)

The International Agreement on Tropical Timber of 1994 has been signed and provisionally applied by the Community by Council Decision 96/493/EC (2).

2

| (2) | The successor Agreement to the International Tropical Timber Agreement of 1994 was successfully concluded within UNCTAD in January 2006. |
| --- | --- |

(2)

The successor Agreement to the International Tropical Timber Agreement of 1994 was successfully concluded within UNCTAD in January 2006.

| (3) | The International Tropical Timber Agreement of 1994 remains in force until 31 December 2006 unless, in accordance with the provisions of Article 46(3), it is extended beyond that date by decision of the International Tropical Timber Council until such time as the successor Agreement enters into force. |
| --- | --- |

(3)

The International Tropical Timber Agreement of 1994 remains in force until 31 December 2006 unless, in accordance with the provisions of Article 46(3), it is extended beyond that date by decision of the International Tropical Timber Council until such time as the successor Agreement enters into force.

| (4) | The extension of that Agreement is in the interest of the Community. |
| --- | --- |

(4)

The extension of that Agreement is in the interest of the Community.

| (5) | The European Community's position in the International Tropical Timber Council should be established, |
| --- | --- |

(5)

The European Community's position in the International Tropical Timber Council should be established,

HAS DECIDED AS FOLLOWS:

Article 1

The European Community's position within the International Tropical Timber Council shall be to vote in favour of extending of the International Agreement on Tropical Timber, 1994, until the provisional or definitive entry into force of the successor Agreement of 2006.

Article 2

The European Community will seek for an International Tropical Timber Council decision aiming at limiting the duration of the extension of the International Agreement on Tropical Timber, 1994 or establishing a review clause.

Done at Brussels, 7 November 2006.

For the Council

The President

E. HEINÄLUOMA

---

(1)  Doc. 12953/06 — COM(2006)469 final

1

(2)  OJ L 208, 17.8.1996, p. 1.

2

---
Motion Granted; Appeal Dismissed and Memorandum Opinion filed July 24, 

2014

In The

Fourteenth Court of Appeals

NO. 14-14-00315-CV

WALTER P. MOORE & ASSOCIATES, INC., Appellant

V.

KENNEDY ASSOCIATES/ARCHITECTS, INC. D/B/A KAI DESIGN AND 

BUILD; KAI CONSTRUCTION SERVICES, LLC D/B/A KAI 

CONSTRUCTION, A MISSOURI LIMITED LIABILITY CORPORATION; 

AND KAI ALLIANCE, LC D/B/A KAI TEXAS, Appellees

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 2012-45414

MEMORANDUM OPINION

This is an appeal from a judgment signed March 26, 2014. On July 15, 2014, 

appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The 

motion is granted. 

Accordingly, the appeal is ordered dismissed.
2

PER CURIAM

Panel consists of Justices Busby, Donovan and Brown.
#### Maria Faye PIAZZA v. The UPJOHN COMPANY, Bill Belcher, Fritz Brown, J. Killian Williams, and Claude Azlin.

No. 89-CC-0959.

Supreme Court of Louisiana.

May 19, 1989.

In re Upjohn Company, Pfizer Inc., American Cyanamid Company, and E.R. *1388Squibb & Sons, Inc., applying for supervisory and/or remedial writs, from the Twenty-First Judicial District Court, Parish of Tangipahoa, Nos. 64473, 66729, 76674 78118, 66312, 78482, 76728; to the Court of Appeal, First Circuit, No. CW88 0200.

Denied.