alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Phillip ZUNIGA, Defendant-Appellant.

No. 79CA0990.

Colorado Court of Appeals, Div. III.

March 19, 1981.

Rehearing Denied April 23, 1981.

Certiorari Denied July 13, 1981.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., John Daniel Dailey, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Shelley Gilman, Deputy State Public Defender, Denver, for defendant-appellant.

TURSI, Judge.

Phillip Zuniga, convicted of possession of a dangerous drug with intent to dispense, § 12-22-404, C.R.S.1978 (1978 Repl. Vol. 5), appeals. We reverse.

On August 3, 1978, police executed a search warrant at defendant's residence and seized approximately 844 young mariJuana plants. No other drug paraphernalia was discovered.

At trial, defendant tendered a jury instruction which defined the term "dispense" in statutory language, § 12-22 408, C.R.S.1978, and which was consistent with Colo. J.I. (Crim.) 5 (805). The People objected to defendant's instruction and, relying on People v. Dinkel, 189 Colo. 404, 541 P.2d 898 (1975) persuaded the court to add the emphasized phrase to the statutory definition:

> " 'Dispense' means sale, delivery, giving away, or supplying in any other manner or otherwise disposing of, to any person, but also every other type of conduct related to the unauthorized traffic in drugs."

Defendant contends that the trial court erred in expanding his tendered instruction. We agree.

Trial courts should abstain from giving abstract statements of law or excerpts from court opinions, taken out of context, as instructions to the jury. Gill v. People, 139 Colo. 401, 339 P.2d 1000 (1959). See also *1158Cohen v. People, 106 Colo. 245, 103 P.2d 479 (1940). The language extracted from Dink-el, supra, while appropriate in the context of that case, left this jury without proper guidelines to determine the criminality of defendant's conduct. The expanded instruction is defective in that it allowed the jury to speculate as to the meaning of "unauthorized traffic in drugs" and as to what conduct might "relate" to such traffic. In tendering the instruction, the People stated that they wanted to expand the term "dispense" beyond its statutory definition to include the simple planting of marijuana seeds. Such an interpretation of the word "dispense" goes beyond the legislative intent manifested in § 12-22-408(6).

Defendant's other allegations of error are without merit.

The judgment is reversed, and the cause is remanded for a new trial.

SMITH and KIRSHBAUM, JJ., concur.
Instructions for KC-1622 

SIGNATURE AUTHORITY 

This form enables a legal business entity or sole proprietorship to authorize the individuals 

listed to sign Commodity Credit Corporation agreements and documents on behalf of the 

warehouse without in any way limiting the responsibilities of the warehouse operator under 

CCC storage agreements. 

Submit the original of the completed form in hard copy to the Kansas City Commodity 

Office, Mail Stop 8748, P.O. Box 419205, Kansas City, MO 64141-6205. For questions or 

assistance, contact Commodity Management Division, Storage Contract Branch at 

816-926-6445. 

Features for transmitting the form electronically are available to those customers with 

access credentials only. If you would like to establish online access credentials with USDA, 

follow the instructions provided at the USDA eForms web site. 

Warehouse Operators must complete Items 1 through 9. 

Items 1-9 

Item No. Instruction 

1 Enter the assigned Storage Agreement and/or CCC Warehouse Code Number 

that this signature authority applies to. 

2 Enter the full name of the business entity or sole proprietor. 

3 

A - B 

A. Enter the city where the primary warehouse is located. 

B. Enter the state where the primary warehouse is located. 

4 Enter the name(s) and title(s) of the individuals, other than corporate officers, 

partners, members, or proprietors, who are authorized to sign any document 

required by CCC which pertains to the firm’s handling and storage of 

commodities pledged as collateral or owned by CCC. 

5 Enter the full name of the business entity or sole proprietor. 

6 

A-D 

Except with respect to Sole Proprietorship: 

A. Check this option if Articles of Incorporation are the underlying 

document providing authority of signor to execute this document. 

B. Check this option if Articles of Organization are the underlying 

document providing authority of signor to execute this document. 

C. Check this option if Articles of Agreement are the underlying 

document providing authority of signor to execute this document. 

D. If none of the check box options above apply, check this option for 

other and give brief explanation of the underlying document providing 

authority of signor to execute this document. 

7 Enter signature of president, partner, member, or proprietor. 

8 Enter title of person signing. 

9 Enter date signed. 

Page 1 of 1
US Dept. Of Agriculture, Dairy Grading Branch

FAX Request for Grading Services

FAX Number: 630 437-5060

Phone Number: 630 297-4740

Attn: Mark Hilgers/Darrell DeMont

Will the grading take place on plant premises? Yes No

If not, provide grading facility information below.

 APPLICANT INFORMATION GRADING LOCATION INFORMATION

Name: Facility Name:

Address: Address:

City, ST: City, ST:

Phone No.: Phone No.:

FAX No.: FAX No.:

Contact: Contact:

Type of Product:

Butter Bulk Cheese Cheddar

Print Mozzarella

Process Lines Other

 (Specify type) (Specify type)

Powder Cheese Mfr. Date(s)

 (Specify type)

Grading Dates No. Of Graders Starting Time(s) No. Of Lots

Is this product for:

Grade Label Commercial Sales FSA Contract

Other (Please specify)_____________________________

Does plant require a faxed confirmation?  Ye s  No 

Schedules are prepared on Thursday morning. Request for service must be received no later than close 

of business on the Wednesday prior to the week service is requested. We will try to confirm requests via 

FAX by 10:00 A.M. Central Time on the Friday of the week preceding grading. We will notify you as early 

as possible if there are any problems fulfilling your request. All requests are subject to the availability of 

graders. Every effort will be made to honor your requests.
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Page 23711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9566]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1522-000]


Alta Wind IX, LLC; Supplemental Notice That Initial Market-Based 
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of 
Alta Wind IX, LLC's application for market-based rate authority, with 
an accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is May 3, 2012.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive email notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC Online service, please email <a href="/cdn-cgi/l/email-protection#adebe8ffeee2c3c1c4c3c8fed8ddddc2dfd9edcbc8dfce83cac2db"><span class="__cf_email__" data-cfemail="7e383b2c3d31101217101b2d0b0e0e110c0a3e181b0c1d50191108">[email protected]</span></a>, or 
call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 13, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-9566 Filed 4-19-12; 8:45 am]
BILLING CODE 6717-01-P


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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 Bonanza Gold, Inc. (the "Company") on Form 10-KSB for the period ending March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Hobart Teneff, Vice President and Director of Bonanza Gold, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 results of operations of the Company.



Date:  July 10, 2004

/s/ Hobart Teneff

Hobart Teneff

Vice President and Director
I 

116TH CONGRESS 

1ST SESSION H. R. 1095 

To amend the Internal Revenue Code of 1986 to automatically postpone 

certain deadlines in the case of taxpayers located in a disaster area. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2019 

Mr. RICE of South Carolina introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to automatically postpone certain deadlines in the case of taxpayers 

located in a disaster area. 

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 ‘‘Disaster Certainty Act 

5 of 2019’’. 

6 SEC. 2. AUTOMATIC EXTENSION OF FILING DEADLINE. 

7 (a) IN GENERAL.—Section 7508A of the Internal 

8 Revenue Code of 1986 is amended by adding at the end 

9 the following new subsection: 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 1095 IH

1 ‘‘(d) MANDATORY 60-DAY EXTENSION.—In the case 

2 of— 

3 ‘‘(1) any individual whose principal place of 

4 abode is in a disaster area (as defined in section 

5 165(i)(5)(B)), and 

6 ‘‘(2) any taxpayer if the taxpayer’s principal 

7 place of business (other than the business of per8 forming services of an employee) is located in a dis9 aster area (as so defined), 

10 the period beginning on the earliest incident date specified 

11 in the declaration to which such area relates and ending 

12 on the date which is 60 days after the latest incident date 

13 so specified shall be disregarded in the same manner as 

14 a period specified under subsection (a).’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 this section shall apply to federally declared disasters de17 clared after December 31, 2018. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
# Table I Summary

# Table II Summary

# Raw Data
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350**

| i.   | The              Report 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 Report fairly presents, in all material              respects, the financial condition and results of operations of the              Company. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                              |   |   |   |
|---------------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/ Peter              L.              Hauser                                                |   |   |   |
| Peter                L. HauserChief                Executive OfficerMarch                23, 2007 |   |   |        |

|                                                                                                          |   |   |   |
|---------------------------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/ Brian                D.                Niebur                                                        |   |   |   |
| Brian                    D. NieburChief                    Financial OfficerMarch                    23, 2007 |   |   |        |

----
UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105 April 16,2008 James Goldstene, Executive Officer California Air Resources Board 1001 I Street Sacramento, CA 958 12 RE: Adequacy Status of Imperial 8-hour Ozone Early Progress Plan Motor Vehicle Emissions Budgets Dear Mr. Goldstene: We have found adequate for transpol-tationconformity purposes the motor vehicle emissions budgets (MVEBs)in the 

### Imperial County 8-hour Ozone Early Progress Plan (February 2008).As aresult of our adequacy findings, the Southern California Association of Governments and the U.S. Department of Transportation must use these budgets in future conformity analyses once the finding becomes effective. The California Air Resources Board (CARB) submitted the draft 

### Imperial County 8-hour Ozone Early Progress Plan to EPA forparallel processing on February 6,2008as arevision to the California State ImplementationPlan (SIP).The plan identifies regional MVEBs for the nonattinment area for volatile organic compounds (VOCs) and nitrogen oxides (NOx) for the year 2009. We announced receipt of the plan on EPA's website on February 14,2008,and requested public comment by March 17,2008.We did not receive any comments on the budgets and plan during that comment period. CARB formally adopted the plan without amendmenton February 28,2008, and submitted the final version to EPA on March 24, 2008. This letter transmits our decision that the motor vehicle emissions budgets contained in the 

### Imperial County 8-hour OzoneEarly Progress Plan are adequate for transportation conformity decisions. The plan identifies regional motor vehicle emission budgets in the table below:
Motor Vehicle Emissions Budgets

We have detailed our adequacy findingsin the enclosure. A copy of this letter and its enclosures will soon be posted on the Internet at Budget Year I I 2009 VOC1(tons per day) NOx (tons per day)

The plan uses a comparable State term, reactive organic gases (ROG). 7 17http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm. We will also announce the adequacy findings in theFederal Register. The findings will become effective 15days after the Federal Register announcement. If you have any questions regarding these adequacy findings, please contact Amy Zimpfer at (415) 947-4 146or Adrienne Priselac at (415) 972-3285. Sincerely,

Deborah ~or&n Director. Air Division Enclosure

cc: Hasan Ikhrata. SCAG Jonathan Nadler. SCAG Jean Mazur, FHWA
#### The People of the State of New York, Respondent, v Earl Dockery, Appellant.

—Judgment, Supreme Court, New York County (Clifford Scott, J., at jury trial and sentence), *433rendered July 27, 1989, convicting defendant after a jury trial of murder in the second degree, and sentencing him to an indeterminate prison term of 25 years to life, unanimously affirmed.

Defendant was convicted by a jury of the fatal beating, with a rock, of a wheelchair-bound, elderly man. At sentencing, the trial court denied defense counsel’s request for an adjournment to conduct a psychiatric evaluation of defendant in aid of sentence. The trial court had ample opportunity to observe defendant’s demeanor during the course of the trial, and to conclude that such an examination was unnecessary.

Given the heinous nature of the crime, and the fact that defendant accepted no responsibility for his action, the maximum sentence imposed was not harsh and excessive under the circumstances. Concur—Sullivan, J. P., Carro, Rosenberger, Asch and Kassal, JJ.
QuickLinks
 -- Click here to rapidly navigate through this document

 
 

EXHIBIT 10.12    
  


 
 

AMENDMENT AND SUPPLEMENT TO LICENSE AGREEMENT    
  


        WHEREAS, Sensors for Medicine and Science, Inc. (SMSI) and Calorie Management Systems, Inc. (CMS) entered into a License Agreement effective
August 17, 1999 (as amended on October 30, 1999); and 


        WHEREAS,
CMS has notified SMSI that CMS has changed its corporate name and place of business as of March 31, 2000; and 


        WHEREAS,
SMSI and CMS are desirous of keeping the License Agreement in full force and effect as set forth below. 


        NOW,
THEREFORE, the License Agreement is hereby amended as of March 31, 2000 by the mutual consent of the parties as follows: 


          (i)  The
Preamble is amended to read: 


        This
Agreement dated August 17, 1999 ("Effective Date"), is by and between HealtheTech, Inc., a Delaware corporation with principal offices at 523 Park Point Drive, Suite
300, Golden, Colorado 80401 and its Affiliates ("HTI") (formerly Calorie Management Systems, Inc.) and Sensors for Medicine and Science, Inc., a Delaware corporation with principal
offices at 12321 Middlebrook Road, Suite 210, Germantown, Maryland 20874 ("SMSI"). 


        (ii)  Section 14.2,
lines 19 through 23, are amended to read: 



	If to HTI:	 	HealtheTech, Inc.

325 Los Gatos-Saratoga Road

Los Gatos, California 95030

Attention: Noel Johnson, Ph.D.

Telefax: (408) 395-5186






        (iii)  In
the Agreement and appendices thereto each occurrence of "Calorie Management Systems, Inc." is changed to "HealtheTech, Inc." 


          (iv)  In
the Agreement and appendices thereto each occurrence of "CMS" is changed to "HTI". 


          (v)  HTI
has indicated to SMSI that HTI desires Sanmina Corporation, with offices at 2700 North First Street, San Jose, California 95134 ("Sanmina") to be a manufacturer of
Licensed Products under the August 17, 1999 Agreement ("Agreement") and that it wishes Sanmina to purchase Oxygen Sensors for that purpose directly from SMSI. HTI and SMSI agree that sales of
SMSI Oxygen Sensors to Sanmina will have the same effect under the Agreement as if they were made to HTI directly. HTI shall be responsible to SMSI under the Agreement for any act of Sanmina performed
in connection 





 




with the purchase of Oxygen Sensors and the manufacture of Licensed Products, as if such act were performed directly by HTI. 



	SENSORS FOR MEDICINE AND SCIENCE, INC.
	

By:	
 	

/s/ Marc R. Schneebaum
	
 	

 
	Name: Marc R. Schneebaum

Title: President

Date: July 5, 2001	 	 
	
HEALTHETECH, INC.
 (Formerly CALORIE MANAGEMENT SYSTEMS, INC.)
	

By:	
 	

/s/ James R. Mault
	
 	

 
	Name: James R. Mault, M.D.

Title: Chairman & CEO

Date: 3 July 01	 	 




2









QuickLinks



EXHIBIT 10.12


AMENDMENT AND SUPPLEMENT TO LICENSE AGREEMENT
1

SIP Revision Package

The adoption of amendments to Article 2,

Consumer Products Regulation.
2

AMENDMENTS TO THE CONSUMER PRODUCTS REGULATION

Table of Contents

1. SIP Completeness Checklist

2. Executive Order R-10-013 and Resolution 09-51 adopting amendments to 

the Consumer Products Regulation.

Attachment A: Currently Effective Regulation. 

Attachment B: Regulation in Strikeout/Underlined Format.

3. The following supporting document for other laws and regulations

mentioned in Article 2, Consumer Products Regulation:

Health and Safety Codes 38501, 38510, 38560, 38560.1, 38562, and 

38580, as cited in Section 94508, “Authority cited.”

4. Materials pertaining to the ARB’s regulatory action (see Formal Letter of 

Submittal to the U.S. EPA with Enclosures: SIP Executive Order, Rule 

Evaluation Form and Completeness Check List): adoption of amendments 

to Article 2, Consumer Products Regulation.

A. Office of Administrative Law Form 400 (contains OAL approval of

regulation) with attachments.

B. Certificate of Rulemaking File

C. Table of Contents for Rulemaking File.

D. Memo to OAL dated September 16, 2010, including the attachments.

E. Updated Informative Digest

F. Executive Order R-10-013

G. Resolution 09-51

H. Final Statement of Reasons for Rulemaking

I. Notice of Decision and Response

J. Certificate of Mailing, and 45-day Public Hearing Notice
3

K. Economic and Fiscal Impact Statement

L. Staff Report: Initial Statement of Reasons for Proposed Rulemaking, 

Including Text of Proposed Regulations.

M. Transcript of the September 24, 2009 Public Hearing

N. Slide Presentation

O. Written Comments Received During the 45-day notice Period

P. Certificate of Mailing, Notice of Public Availability of Modified Text and 

Modified Text.

Q. Written Comments Received During the 15-day Comment Period.

R. Certificate of Mailing, Second Notice of Public Availability of Modified 

Text and Modified Text and Additional Documents.

S. Written Comments Received During the Second 15-day Comment 

Period.

T. References Used by ARB Staff
S A N I T I Z E D

EPICLON HP-4700

BIOCONCENTRATION TEST
Attachment 2

MEMORANDUM OF UNDERSTANDING

Geographic Mobility Agreement

1. I _______________________________, have been selected for the following position:

a. Title:

b. Pay, Plan, Series, Grade:

c. Division/Program: 

2. I understand and agree that appointment/assignment to this position constitutes 

acknowledgment and acceptance of geographic mobility as a condition of employment 

and, as such, I will be subject to directed reassignment as required to address workload 

needs.

3. I understand that failure to acknowledge/accept the above condition of employment will 

be grounds for withdrawal of the appointment/assignment offer.

4. I understand that failure or refusal to sign this agreement does not excuse me from the 

above condition of employment. 

5. I further understand that if I separate or resign as a result of declining a mandatory or 

directed reassignment outside of the local commuting area, I will not be entitled to 

severance pay benefits or eligible for a discontinued service retirement.

6. I understand that I will remain subject to geographic mobility as a condition of my 

employment if I am assigned to another covered position within AMS.

7. The original of this signed acknowledgment will be filed in my Official Personnel File 

(OPF), and a copy provided to me. Accordingly, I accept this offer/condition of 

employment under AMS.

__________________________________________ _________________________

(Employee’s signature) (Date)

___________________________________________ __________________________

(Supervisor) (Date)