alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Eduardo AGUIRRE, Defendant-Appellant.

No. 03-21121.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided July 22, 2005.

James Lee Turner, Assistant U.S. Attorney, Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for United States of America.

Ignacio Torteya, III, Torteya *&*Torteya, Brownsville, TX, for Eduardo Aguirre.

Before JONES, BARKSDALE and PRADO, Circuit Judges.

PER CURIAM: *

Eduardo Aguirre appeals from his sentence following his guilty-plea conviction of aiding and abetting to possess with intent to distribute 100 kilograms or more of marijuana. Aguirre argues that, under *United States v. Booker,*— U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the district court clearly erred in increasing his sentence by finding by a preponderance of the evidence that he was responsible for an amount of marijuana beyond the 461 kilograms for which Aguirre admitted responsibility.

It is not necessary to consider Aguirre’s *Booker*argument because, as the Government argues, Aguirre’s sentence should be vacated and the matter remanded for re-sentencing based on our holdings in four of Aguirre’s co-indictees’ appeals that the district court clearly erred in basing its findings of drug quantity on the statements of an informant who the Government had identified as unreliable. *See United States v. Ayala,*107 Fed.Appx. 410 (5th Cir.2004)(unpublished); *United States v. Trevino,*125 Fed.Appx. 549 (5th Cir.2005)(unpublished). There is no reason to reach a different result in Aguirre’s case, and Aguirre’s sentence is VACATED and the matter REMANDED remand for further proceedings consistent with this opinion. Because we have vacated Aguirre’s sentence, we do not consider Aguirre’s arguments pertaining to the denial of a reduction in his offense level for *849acceptance of responsibility or that his sentence should be reversed because the Government breached its plea agreement. We GRANT the appellee’s unopposed motion to seal the appellee’s brief.

SENTENCE VACATED AND THE MATTER REMANDED; MOTION TO SEAL APPELLEE’S BRIEF GRANTED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 556 Engrossed in House (EH)]

<DOC>
H. Res. 556

                In the House of Representatives, U. S.,

                                                      December 9, 2015.
    Resolved, That at any time after adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 2130) to provide legal certainty to property owners along the Red 
River in Texas, and for other purposes. The first reading of the bill shall be 
dispensed with. All points of order against consideration of the bill are 
waived. General debate shall be confined to the bill and shall not exceed one 
hour equally divided and controlled by the chair and ranking minority member of 
the Committee on Natural Resources. After general debate the bill shall be 
considered for amendment under the five-minute rule. It shall be in order to 
consider as an original bill for the purpose of amendment under the five-minute 
rule the amendment in the nature of a substitute recommended by the Committee on 
Natural Resources now printed in the bill. The committee amendment in the nature 
of a substitute shall be considered as read. All points of order against the 
committee amendment in the nature of a substitute are waived. No amendment to 
the committee amendment in the nature of a substitute shall be in order except 
those printed in the report of the Committee on Rules accompanying this 
resolution. Each such amendment may be offered only in the order printed in the 
report, may be offered only by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified in the report 
equally divided and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole. All points of order 
against such amendments are waived. At the conclusion of consideration of the 
bill for amendment the Committee shall rise and report the bill to the House 
with such amendments as may have been adopted. Any Member may demand a separate 
vote in the House on any amendment adopted in the Committee of the Whole to the 
bill or to the committee amendment in the nature of a substitute. The previous 
question shall be considered as ordered on the bill and amendments thereto to 
final passage without intervening motion except one motion to recommit with or 
without instructions.
    Sec. 2.  It shall be in order at any time through the calendar day of 
December 13, 2015, for the Speaker to entertain motions that the House suspend 
the rules as though under clause 1 of rule XV. The Speaker or his designee shall 
consult with the Minority Leader or her designee on the designation of any 
matter for consideration pursuant to this section.
            Attest:

                                                                          Clerk.
```
##### 



CERTIFICATION PURSUANT TO
  1.
    
    I have reviewed this report on Form 10-Q/A for the quarterly period ended June 30, 2005 of
Belden & Blake 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 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) 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(c) 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 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:
March 30, 2006
    
    By:
    
    /s/ Mark A. HouserMark A. Houser, Chief Executive Officer,
Chairman of the Board of Directors and Director
EXHIBIT
32
 
 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 Fonix Corporation on Form 10-K for the
period ending December 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Roger D. Dudley, Chief
Executive Officer and 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:
 
 (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.
 
 
 
 
 Roger
      D. DudleyPresident,
      Chief Executive Officer, andChief
      Financial Officer(Principal
      Executive Officer, Principal Accounting
Officer)
 Dated
April 15, 2009
19204, 19636

#### State v. Banaay; State v. Kamai

April 17, 1997

Order No. 97-42

Vacated
# C_2019082EN.01005602.xml

| 4.3.2019 | EN | Official Journal of the European Union | C 82/56 |
| --- | --- | --- | --- |

4.3.2019

EN

Official Journal of the European Union

C 82/56

---

Judgment of the General Court of 13 December 2018 — Knauf v EUIPO (upgrade your personality)

(Case T-102/18) (1)

((EU trade mark - Application for EU word mark upgrade your personality - Absolute ground for refusal - Lack of distinctive character - Advertising slogan - Article 7(1)(b) of Regulation (EU) 2017/1001))

(2019/C 82/68)

Language of the case: German

Parties

Applicant: Martin Knauf (Berlin, Germany) (represented by: H. Jaeger, lawyer)

Defendant: European Union Intellectual Property Office (represented by: R. Manea and A. Folliard-Monguiral, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 18 December 2017 (Case R 1011/2017–4) concerning an application for registration of the word sign upgrade your personality as an EU trade mark.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Martin Knauf to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO). |
| --- | --- |

2.

Orders Martin Knauf to bear his own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

---

(1)  OJ C 134, 16.4.2018.

---
Testing of Biological Products Page 7 of 14 

7.3. When all of the testing has been completed, write a letter to the firm informing 

them of the results. See Appendix III for an example letter for prelicense serials. See 

Reviewer Manual Chapter 4.13, Master Seeds/Cells/Sequences for an example letter 

for these items. Include the following in the letter:

• Serial numbers tested

• Type of tests performed (either include in letter or enclose LSRTIS test report 

for external distribution) 

• Test disposition (either include in letter or enclose LSRTIS test report for 

external distribution)

• Description of approvals, if any, including any restrictions that may be placed 

on the approval 

7.4. Note that the official approval date for seeds/cells is the date of the response 

letter to the firm, not the date that the testing was completed.

Appendices attached on following pages.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          53,995
<INT-BEARING-DEPOSITS>                          24,564
<FED-FUNDS-SOLD>                                79,140
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    254,025
<INVESTMENTS-CARRYING>                         190,523
<INVESTMENTS-MARKET>                           190,808
<LOANS>                                      3,335,846
<ALLOWANCE>                                     16,770
<TOTAL-ASSETS>                               4,121,087
<DEPOSITS>                                   2,656,872
<SHORT-TERM>                                   235,000
<LIABILITIES-OTHER>                            799,500
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           254
<OTHER-SE>                                     344,426
<TOTAL-LIABILITIES-AND-EQUITY>               4,121,087
<INTEREST-LOAN>                                212,260
<INTEREST-INVEST>                               27,427
<INTEREST-OTHER>                                 7,409
<INTEREST-TOTAL>                               247,096
<INTEREST-DEPOSIT>                              95,788
<INTEREST-EXPENSE>                              54,787
<INTEREST-INCOME-NET>                           98,521
<LOAN-LOSSES>                                      800
<SECURITIES-GAINS>                                 816
<EXPENSE-OTHER>                                 58,328
<INCOME-PRETAX>                                 62,495
<INCOME-PRE-EXTRAORDINARY>                      38,702
<EXTRAORDINARY>                                  (456)
<CHANGES>                                            0
<NET-INCOME>                                    38,246
<EPS-PRIMARY>                                     1.70
<EPS-DILUTED>                                     1.65
<YIELD-ACTUAL>                                    2.48
<LOANS-NON>                                     12,646
<LOANS-PAST>                                     1,403
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                15,475
<CHARGE-OFFS>                                      402
<RECOVERIES>                                        51
<ALLOWANCE-CLOSE>                               16,770
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                         16,770
        

</TABLE>
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 619 Engrossed in House (EH)]

<DOC>
H. Res. 619

                In the House of Representatives, U. S.,

                                                     February 25, 2016.
    Resolved, That at any time after adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 2406) to protect and enhance opportunities for recreational hunting, 
fishing, and shooting, and for other purposes. The first reading of the bill 
shall be dispensed with. All points of order against consideration of the bill 
are waived. General debate shall be confined to the bill and shall not exceed 
one hour equally divided and controlled by the chair and ranking minority member 
of the Committee on Natural Resources. After general debate the bill shall be 
considered for amendment under the five-minute rule. It shall be in order to 
consider as an original bill for the purpose of amendment under the five-minute 
rule the amendment in the nature of a substitute recommended by the Committee on 
Natural Resources now printed in the bill. The committee amendment in the nature 
of a substitute shall be considered as read. All points of order against the 
committee amendment in the nature of a substitute are waived. No amendment to 
the committee amendment in the nature of a substitute shall be in order except 
those printed in the report of the Committee on Rules accompanying this 
resolution. Each such amendment may be offered only in the order printed in the 
report, may be offered only by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified in the report 
equally divided and controlled by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for division of the 
question in the House or in the Committee of the Whole. All points of order 
against such amendments are waived. At the conclusion of consideration of the 
bill for amendment the Committee shall rise and report the bill to the House 
with such amendments as may have been adopted. Any Member may demand a separate 
vote in the House on any amendment adopted in the Committee of the Whole to the 
bill or to the committee amendment in the nature of a substitute. The previous 
question shall be considered as ordered on the bill and amendments thereto to 
final passage without intervening motion except one motion to recommit with or 
without instructions.
            Attest:

                                                                          Clerk.
```
An Equal Opportunity Provider and Employer

CVB-TEM-2016.02

CENTER FOR VETERINARY BIOLOGICS NOTICE NO. 24-03

TO: Biologics Licensees, Permittees, and Applicants

Directors, Center for Veterinary Biologics

Veterinary Services Leadership Team

FROM: Geetha Srinivas

Director

SUBJECT: Veterinary Vaccines and Veterinary Diagnostic Products Targeting 

Avian Metapneumovirus (all subtypes)

I. PURPOSE

The purpose of this Notice is to inform interested parties that the Center for 

Veterinary Biologics (CVB) is accepting veterinary biologics product license and 

import permit applications for veterinary biological products used to vaccinate for 

avian metapneumovirus (aMPV) and veterinary diagnostic products for aMPV.

Products targeting subtypes A and B are of greatest interest but given the current 

status of aMPV in the United States, CVB will accept information related to all 

subtypes for review. Although CVB is open to receiving applications for both 

modified live and inactivated products, the preference for use will be the latter. 

II. BACKGROUND

aMPV has been reported on turkey farms in several states in the United States, and 

the situation is dynamic. Subtypes A and B have currently been detected; the United 

States has had subtype C since at least 1997. 

III. ACTION (or POLICY)

Parties interested in licensing or permitting an aMPV vaccine or diagnostic product 

should refer to Title 9, Code of Federal Regulations, Chapter I, Subchapter E; 

Veterinary Services (VS) Memorandum 800.50, Basic License Requirements and 

Guidelines for Submission of Materials in Support of Licensure; and VS 

Memorandum 800.101, U.S. Veterinary Biological Product Permits for Distribution 

and Sale. This information is available on the CVB website:

www.aphis.usda.gov/animalhealth/cvb_regsandguidance

IV. IMPLEMENTATION/ APPLICABILITY

Applications and supporting materials may be submitted to the CVB-Policy, 

Evaluation, and Licensing for review effective immediately.

Animal and Plant

Health Inspection

Service

Veterinary Services

Center for Veterinary 

Biologics

1920 Dayton Avenue

PO Box 844

Ames, IA 50010

(515) 337-6100
Breadcrumb

1. Home

2. Print 

3. Pdf 

4. Node 

5. Entity Print 

Permit Eligibility for Graduate

Students and Post-doctoral Workers

Last Modified: 

Print

Plant Health Permits Home Page

Under '7CFR330.204' there are criteria that a graduate student/post doc generally

cannot meet, and under those circumstances, a permit should not be issued.

Applications are considered on their merits, so a total ban on issuing permits to

graduate students/post-doctoral (post doc) workers is not justified. The following

guidance should be considered when deciding whether or not a permit should be

issued to a graduate student/post-doc:

7CFR330.204(a)(1) requires acceptable safeguards to be arranged, and if an

applicant cannot do so, APHIS can deny the permit application. This means

applicants must be in a position to control the containment capabilities associated

with use of regulated organisms or soil. APHIS cannot reasonably expect a person

who does not control the facilities to arrange for acceptable safeguards. If the

graduate student/post doc does not control the environment where the regulated

organisms will be used, then the application should be denied, and a responsible

person such as the major professor or principal investigator who controls the lab

should be invited to apply.

A permit may be issued to a graduate student or post doc who is a U.S. resident if

the plant health risk associated with the regulated soil or organisms is low, and an

APHIS-inspected containment facility is not required. This permit may be issued to
the graduate student or post doc for the duration of his/her appointment if known, or

for the full three years with the understanding that the permit holder must cancel

their permit upon departure. If he or she wants to move the permitted regulated

organisms/soil to another location, they must contact the permit unit per the

conditions in their permit.
**Exhibit 10.31**

 

**NewHire Option Grant Authorization – Updated Appendix**

 

**Awards Granted Under the New Hire Plan***

 

The Company has made the following option grants under its New HireOption Grant Authorization Plan (the “New Hire Plan”).  In 2004, the Company granted threenon-executive officer employees a total of 16,000 stock options with a grantprice of $14.90, one non-executive officer employee a total of 200,000 stockoptions with a grant price of $15.71 and four non-executive officer employees26,500 options with a grant price of $16.72. In 2003, the Company granted sixteen non-executive officer employees atotal of 97,000 stock options with a grant price of $12.79 and onenon-executive officer employee 75,000 options with a grant price of$15.99.  In 2002, the Company grantedsix non-executive officer employees a total of 235,000 stock options with agrant price of $6.71.  In 2001, theCompany granted the President and Chief Operating Officer of the Company, 300,000stock options with a grant price of $9.62. This summary does not include grantsmade to individuals who are no longer with the Company and whose options havebeen forfeited.

 

All stock options granted under the New Hire Plan vest as follows:(i) twenty-five percent (25%) of the options become exercisable on thefirst anniversary of date of grant and (ii) the remaining seventy-five(75%) become exercisable pro rata over the following 3 year period, on amonthly basis, commencing on the first anniversary of the date of grant andending on the fourth anniversary of the date of grant; provided that, in noevent shall any option be exercisable following the expiration or terminationof the option.

 

----

* This Updated Appendix does not include information regarding grantsmade to individuals who are no longer employees of the Company.

 

----