alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NOS. 07-06 -045 7-CR 07-0 6-04 58-CR 07-0 6-04 59-CR IN THE CO UR T OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL A AU GU ST 8, 2 007

_________

_________

_________

___ DUSTI N LEE AL LEN, AP PEL LANT

V. THE S TATE OF TEXAS, APPEL LEE

_________

_________

_________

______ FRO M T HE 32 0 DIS T RI CT COU RT OF P OT T ER COU NT Y; TH 

### NO . 49, 984- D, 49,9 85- D, 53,5 37- D; H ON ORABLE DO N EM ER SON , J UD GE

_________

_________

_________

____ Bef ore CAMPBE LL a nd HANCOCK an d PIRT LE, JJ. ON M OT ION T O D ISM ISS P ending before this Court is appellant’ s m otion to dism iss h is appeals. A ppellant and his a t t o rneybot h h a ve s i g n e d t h e d o cu men ts t a t i n g t h a ta p p e l l a n tw i t h d r a w s h i s a p p e a l s. T e x. R. App. P. 42 . 2( a) . No de ci si on of t hi s Cou rtha vi ng bee n del iv er ed t o d at e, w e g r antt he m ot io n. Accor di ngl y , t he app eal s a r e dism is sed . No m ot io n fo r r ehe ar in g w il l be ent ert ai ned an d o ur m and at es wi ll i ssu e fo rt hw it h. Ma cke yK. Hanc ock Jus t ic e Do no tpu bl is h.
EX 10.25 Amendment to SYNNEX Corporation Deferred Compensation Plan


AMENDMENT TO 
SYNNEX CORPORATION 
DEFERRED COMPENSATION PLAN
In accordance with Section 5.4 of the SYNNEX Corporation Deferred Compensation Plan, as amended (the “Plan”), the Plan is amended by the Compensation Committee of SYNNEX Corporation, effective January 4, 2012, as follows: 
1.  Section 3.4 of Part A of the Plan, and Section 3.4 of Part B of the Plan, are each amended and restated to provide in their entirety as follows (new language in italics):
“3.4 Crediting of Earnings on Accounts. Earnings will be credited to the Participant’s Account on a reasonable basis established by the Compensation Committee. The Compensation Committee will establish procedures for allowing the Participant to designate one or more investments as the measure of the investment return on the Participant’s Account, provided that such investments shall be limited to actively traded securities reported on recognized exchanges, bank deposits, and other investments with readily verifiable valuations.  The Participant’s Account shall be adjusted to reflect earnings (and losses) of the investment(s) so designated. The Compensation Committee may alter any such procedures at any time. The Company is under no obligation to invest any funds in accordance with the Participant’s designations. The investment returns shall simply be book entries to the Participant’s Account. To the extent the Company should in fact acquire one or more of the designated investments, those investments shall at all times remain part of the Company’s general assets. 
(a) If the Participant does not designate one or more investments as the measure of the investment return on the Participant’s Account, the Participant’s Account will be credited with interest at a rate to be determined by the Compensation Committee. 
(b) The Company will credit the Participant’s Account with earnings or losses as of the last day of each month, and as of any other date specified by the Compensation Committee. The earnings or losses to be credited to the Participant’s Account for any period will be an amount equal to the total of the earnings and losses which would have been credited to the Participant’s Account if such account had actually been invested in the investment vehicles described in the paragraph above.”
2.  Except as amended hereby, all other terms and conditions of the Plan shall remain in full force and effect.



To record the amendment of the Plan by the Board of Directors, SYNNEX Corporation has caused this document to be executed by its duly authorized officer.


SYNNEX CORPORATION
By:       /s/ Simon Y. Leung                 
Name: Simon Y. Leung
Title:     Senior Vice President, General Counsel and Corporate Secretary
##### 



EXHIBIT 32.1

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
18 U.S.C. SECTION 1350

In connection with the Annual Report of Digene Corporation (the Company)
on Form 10-K for the fiscal year ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Evan
Jones, Chief Executive Officer of the Company, certify, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350 that, to my
knowledge:

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 result of operations of the
Company.

| |                                                      
| | -----------------------------------------------------
| | /s/ Evan Jones                                       
| |                                                      
| | Evan Jones
Chief Executive Officer
September 22, 2003
[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Notices]
[Page 4281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01250]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD660]


Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; public meeting.

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

SUMMARY: The Mid-Atlantic and New England Fishery Management Councils 
(Councils) will hold a public meeting of their joint Northeast Trawl 
Advisory Panel.

DATES: The meeting will be held on Thursday, February 8, 2024, from 9 
a.m. to 5 p.m., EDT. For agenda details, see SUPPLEMENTARY INFORMATION.

ADDRESSES: This meeting will be conducted in person with a virtual 
option available.
    Meeting address: The meeting will be held at the Westin Arlington 
Gateway, 801 North Glebe Road, Arlington, VA 22203; telephone: (703) 
717-6200. Webinar registration details will be posted to the calendar 
at www.mafmc.org prior to the meeting.
    Council address: Mid-Atlantic Fishery Management Council, 800 N 
State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331; 
www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D., Executive 
Director, Mid-Atlantic Fishery Management Council, telephone: (302) 
526-5255.

SUPPLEMENTARY INFORMATION: The Councils' Northeast Trawl Advisory Panel 
will meet to review recent developments related to relevant fishery 
surveys, the Industry Based Multispecies Bottom Trawl Survey white 
paper, and Henry B. Bigelow bottom trawl survey contingency plan next 
steps. The Northeast Trawl Advisory Panel will also discuss topics 
related to survey redesign and mitigation, receive an update on the 
restrictor rope research manuscript and discuss potential expansion of 
that work, as well as brainstorm future research projects.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Shelley Spedden, (302) 526-5251 at least 5 days 
prior to the meeting date.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 18, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2024-01250 Filed 1-22-24; 8:45 am]
BILLING CODE 3510-22-P
#### James Allen CANTWAY, Petitioner-Appellant, v. D.A. MAYLE; Attorney General of the State of California, Respondents-Appellees.

No. 02-15259.

D.C. No. CV-99-00164-EJG.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 10, 2003.*

Decided Feb. 12, 2003.

Before LEAVY, FERNANDEZ, and BERZON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

California prisoner James Allen Cant-way appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition challenging his conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We review de novo, *Patterson v. Gomez,*223 F.3d 959, 962 (9th Cir.2000), and we affirm.

*852Cantway contends that he was prevented from presenting a defense in violation of his rights under the Sixth Amendment and the due process clause of the Fourteenth Amendment, when the trial court struck the testimony of a defense witness who refused to answer questions on cross-examination. However, his claim fails because the trial court’s striking of testimony was neither arbitrary nor disproportionate to the purpose it was designed to serve. *See Rock v. Arkansas,*483 U.S. 44, 55-56, 107 S.Ct. 2704, 97 L.Ed.2d 37 (1987) (holding that restrictions on a defendant’s right to present a defense are acceptable so long as they are not “arbitrary or disproportionate”); *Williams v. Borg,*139 F.3d 737, 740-43 (9th Cir.1998) (concluding that striking of defendant’s entire testimony due to his invoking of privilege against self-incrimination, in response to questions about his prior felony convictions, was neither arbitrary nor disproportionate, regardless of whether defendant sought to testify on collateral or noncollateral matters).

As the state court’s decision was neither contrary to, nor an unreasonable application of clearly established federal law, nor was it based on an unreasonable determination of the facts, the district court properly dismissed Cantway’s habeas petition. *See*28 U.S.C. § 2254(d); *Van Tran v. Lindsey,*212 F.3d 1143, 1149 (9th Cir. 2000).

AFFIRMED.1

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1

. All outstanding motions are denied.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001011449
<NAME> SUBURBAN LODGES OF AMERICA, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          19,178
<SECURITIES>                                         0
<RECEIVABLES>                                      667
<ALLOWANCES>                                        99
<INVENTORY>                                      1,684
<CURRENT-ASSETS>                                28,044
<PP&E>                                         282,794
<DEPRECIATION>                                  10,764
<TOTAL-ASSETS>                                 307,535
<CURRENT-LIABILITIES>                           20,016
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           154
<OTHER-SE>                                     211,490
<TOTAL-LIABILITY-AND-EQUITY>                   307,535
<SALES>                                              0
<TOTAL-REVENUES>                                46,458
<CGS>                                                0
<TOTAL-COSTS>                                   34,399
<OTHER-EXPENSES>                                10,633
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 202
<INCOME-PRETAX>                                  3,754
<INCOME-TAX>                                     1,192
<INCOME-CONTINUING>                              2,562
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,562
<EPS-PRIMARY>                                     0.17
<EPS-DILUTED>                                     0.17
        

</TABLE>
<PAGE>

                                                                    Exhibit 32.2


              CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63
                         OF TITLE 18 UNITED STATES CODE



         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of CITGO Petroleum Corporation (the "Registrant"), does
hereby certify, to his knowledge, that:



         The Annual Report on Form 10-K for the fiscal year ended December 31,
2002 of the Registrant fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and information contained in the
Form 10-K fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.



Dated: September 8, 2003



                                                 /s/ Eddie R. Humphrey
                                                 ------------------------------
                                                 Name:  Eddie R. Humphrey
                                                 Title: Chief Financial Officer
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Webb Interactive Services, Inc. (the Company) on Form 10-KSB for the period ended December 31, 2004,
as filed with the Securities and Exchange Commission on April 15, 2005 and as amended on July 21, 2005 and on the date hereof (the Report), I Lindley S. Branson, Vice President - General Counsel, the Companys Principal Executive
and Principal Financial Officer, certify pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



(1) The Report, as amended, 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, as
amended, fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ Lindley S. BransonVice President  General Counsel (Principal
Executive and Principal Financial Officer)




Date: September 20, 2005
II

104TH CONGRESS

1ST SESSION S. 147

To amend the Internal Revenue Code of 1986 to increase the personal

exemption for dependents to $5,000, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 4, 1995

Mr. GRAMM introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Internal Revenue Code of 1986 to increase

the personal exemption for dependents to $5,000, 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. INCREASE IN PERSONAL EXEMPTION FOR DE4 PENDENTS TO $5,000.

5 (a) INCREASE IN EXEMPTION.—Paragraph (1) of

6 section 151(d) of the Internal Revenue Code of 1986 (de7 fining exemption amount) is amended to read as follows:

8 ‘‘(1) DETERMINATION OF AMOUNT.—
2

•S 147 IS

1 ‘‘(A) IN GENERAL.—Except as otherwise

2 provided in this subsection, the term ‘exemption

3 amount’ means $2,000.

4 ‘‘(B) ADDITIONAL AMOUNT FOR DEPEND5 ENTS.—In the case of an exemption under sub6 section (c), the exemption amount is $5,000.’’.

7 (b) CONFORMING AMENDMENTS.—

8 (1) Subparagraph (A) of section 151(d)(3) is

9 amended by striking ‘‘the exemption amount’’ and

10 inserting ‘‘the exemption amount (after any adjust11 ment under paragraph (4))’’.

12 (2) Subparagraph (A) of section 151(d)(4) is

13 amended—

14 (A) by striking ‘‘the dollar amount’’ and

15 inserting ‘‘each dollar amount’’, and

16 (B) by striking everything following ‘‘be17 gins,’’ in clause (ii) and inserting ‘‘except that

18 subparagraph (B) thereof shall be applied by

19 substituting ‘1988’ for ‘1992’ in the case of the

20 $2,000 amount and by substituting ‘1994’ for

21 ‘1992’ in the case of the $5,000 amount.’’

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to taxable years beginning after

24 December 31, 1994.
3

•S 147 IS

1 SEC. 2. DECREASE IN FEDERAL DISCRETIONARY SPENDING

2 AUTHORITY TO FINANCE INCREASE IN PER3 SONAL EXEMPTION.

4 Section 601(a)(2) of the Congressional Budget Act

5 of 1974 is amended—

6 (1) in subparagraph (E) by striking ‘‘and’’

7 after the semicolon; and

8 (2) by striking subparagraph (F) and inserting

9 the following:

10 ‘‘(F) with respect to fiscal year 1996, for

11 the discretionary category, $491,330,000,000 in

12 new budget authority and $524,265,000,000 in

13 outlays;

14 ‘‘(G) with respect to fiscal year 1997, for

15 the discretionary category, $498,679,000,000 in

16 new budget authority and $520,271,000,000 in

17 outlays; and

18 ‘‘(H) for each of the fiscal years 1998,

19 1999, 2000, 2001, and 2002 $499,899,000,000

20 in new budget authority and $517,686,000,000

21 in outlays.’’.

Æ
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 1762

ELBERT HICKS , Plaintiff

- Appellant ,

v. MEGAN J. BRENNAN, Postmaster General U.S. Postal Service , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk

. Mark S. Davis , District Judge. ( 2:16

- cv - 00089

- MSD

- LRL )

Submitted : April 23, 2018 Decided: May 4, 2018

Before NIEMEYER, DUNCAN, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion

. Elbert Hicks, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Elbert Hicks appeals the district court’s order (1) denying his Fed. R. Civ. P. 54(b) motion to reconsider its partial grant of Appellee’s first motion to dismiss, (2) granting Ap p ellee’s Rule 54(b) motion to reconsider its partial denial of Appellee’s first motion to dismiss, and (3) gr anting Appellee’s second motion to dismiss. We have r eviewed the record and find no reversible error. W e conclude that Hicks’ restoration of rights claim is barred on the basis of res judicata , a defense raised by Appellee below

. See U nited States ex rel. Drakeford v. Tuomey , 792 F.3d 364, 375 (4th Cir. 20 15) (noting that “ we may affirm a district court’s ruling on any ground apparent in the record”) ; Pueschel v. United
States , 369 F.3d 345, 354

- 55 (4th Cir. 2004) (providing elements of res judicata). F or the remainder of Hicks’ claims , we affirm for the reasons stated by the district court. Hicks
v. Brennan , No. 2:16

- cv - 00089

- MSD

- LRL (E.D. Va. Nov. 30, 2016 & Apr. 27, 2017)

. We dispense with oral argument because the facts and legal contentions are adequately presented in the materia ls before this court and argument would not aid the decisional
process.

AFFIRMED
EXHIBIT 32.2

CERTIFICATION OF SENIOR VICE PRESIDENT, FINANCE
CALLISTO PHARMACEUTICALS, INC.
FORM 10-Q FOR THE QUARTER ENDED MARCH 31, 2010
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I am the Senior Vice President, Finance of Callisto Pharmaceuticals, Inc., a Delaware corporation (the "Company"). I am
delivering this certificate in connection with the Form 10-Q of the Company for the quarter ended March 31, 2010 and filed with the Securities and Exchange Commission
("Form 10-Q").

Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge, 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 that the information contained in the
Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: May 17, 2010

/s/ BERNARD F. DENOYER Bernard F. Denoyer Senior Vice President, Finance


---



QuickLinks
<PAGE>

                                                                    EXHIBIT 32.2

                    CERTIFICATION OF VICE PRESIDENT, FINANCE
                         CALLISTO PHARMACEUTICALS, INC.
                FORM 10-QSB FOR THE QUARTER ENDED MARCH 31, 2004
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         I am the Vice President, Finance of Callisto Pharmaceuticals, Inc., a
Delaware corporation (the "Company"). I am delivering this certificate in
connection with the Form 10-QSB of the Company for the quarter ended March 31,
2004 and filed with the Securities and Exchange Commission ("Form 10-QSB").

         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my
knowledge, the Form 10-QSB fully complies with the requirements of Section 13(a)
or Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Form 10-QSB fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Date: May 17, 2004

                                            /s/ Bernard Denoyer
                                            -----------------------
                                            Bernard Denoyer
                                            Vice President, Finance
Exhibit 8.1 SIGNIFICANT SUBSIDIARIES The table below sets forth all of our direct and indirect significant subsidiaries and the percentage of equity of each subsidiary we owned directly or indirectly as of December 31, 2010: Name of Company

   Jurisdiction of Incorporation

   Percentage Owned

   DescriptionPropimex, S.A. de C.V.

   Mexico

   100.00%

   Manufacturer of bottles and distributor of bottled beverages.Refrescos Latinoamericanos S.A. de C.V.

   Mexico

   100.00%

   Holding company of manufacturers and distributors of beverages.Controladora Interamericana de Bebidas, S.A. de C.V.

   Mexico

   100.00%

   Holding company of manufacturers and distributors of beverages.Spal Industria Brasileira deBebidas,S.A.

   Brazil

   97.71%

   Manufacturer of cans and related products for bottling beverages.Coca-Cola FEMSA de Venezuela S.A. (formerly, Panamco Venezuela, S.A. de C.V.)

   Venezuela

   100.00%

   Manufacturer of bottles and related products for bottling beverages.Industria Nacional de Gaseosas S.A.

   Colombia

   100.00%

   Manufacturer of bottles and related products for bottling beverages.
    Exh. 8.1-1


---
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1518 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                S. 1518

_______________________________________________________________________

                                 AN ACT

 
 To eliminate the Board of Tea Experts by prohibiting funding for the 
        Board and by repealing the Tea Importation Act of 1897.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Tea Tasters Repeal Act of 
1996''.

SEC. 2. PROHIBITION OF FUNDING.

    None of the funds appropriated or made available to the Federal 
Drug Administration shall be used to operate the Board of Tea Experts 
and related activities.

SEC. 3. REPEAL OF TEA IMPORTATION ACT OF 1897.

    The Tea Importation Act (21 U.S.C. 41 et seq.) is repealed.

SEC. 4. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act.

            Passed the Senate February 1, 1996.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                                S. 1518

_______________________________________________________________________

                                 AN ACT

 To eliminate the Board of Tea Experts by prohibiting funding for the 
        Board and by repealing the Tea Importation Act of 1897.
```