alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. JER R Y LOPEZ, De fe nda n t-Appe l la

nt, No. 16-10074

D.C . No. 2:15-C R -00696-DJH
M EM O R ANDUM *

Appe a l from

the Unite d

Sta t e s Distric t C ourt for the Distric t of Ariz o na D ia ne J. Hum e te wa , Distric t

Judge , Pre siding Subm itte d M arc h 8, 2017 ** B e fore : LEAVY, W . FLETC HER , and OW ENS, C irc u it Judge s. Je rry Lope z c ha lle nge s the 37-m onth se n te n c e im pose d following his guilty
ple a c onvic tion for c onspira c y to tra nsport ille g a l a lie ns within the Unite d State s, in viola tion of 8 U.S.C . § 1324(a )(1)(A)(v)(I) a nd (a )(1)(B )(i). W e have jurisdic tion unde r 28 U.S.C
. § 1291, a nd we a ffirm
. 

# FIL ED
MAR 14 2017 M OLLY C. DW Y ER, CLERK U

. S. CO URT O F APPEALS

* T his d isposition is not a

ppropria te for public a tion and is n ot pre c e d e nt e xc e pt a s provide d by

Ninth C irc uit R

ule 36-3.

* * The pa ne l una nim ously c onc lud es t h is cas e is suita ble for de c i sion without ora l argum e nt. S

e e Fe d. R . App. P. 34(a )(2).The gove rnm e n t a rgue s tha t the a ppe a l should be

dism isse d on the ba sis of the a ppe a l wa ive r c onta ine d in the ple a a gre e m e nt. In light of the distric t c ourt’ s
a m biguous sta

t e m e nt re ga

rding the sc ope of the wa ive r during the ple a c olloquy , we de c line to dism iss. Se e Fe d. R . C rim . P. 11(b)(1)(N); Unite d State s v . Buc hanan , 59 F.3d 914, 917-18 (9th C ir. 1995). Lope z c o n te nds tha

t the distric t c ourt e rre d by inc re a sing his offe nse le ve l unde r U.S.S.G. § 2L1.1(b)(6) upon finding tha t he re c k le ssly

c re a te d a substa ntia l risk of de a th or se rious bodily injury in the c ourse of his offe nse . He argue s tha t the c ourt wa s re quire d to find the fa c ts supporting the

e nha nc e m e nt by

c le ar and
c onvinc i ng e vide nc e and suc h e vide nc e wa s la c king. The undispute d fa c t s showe d that Lope z tra

nsporte d thre e individua ls in the trunk of his se da n , two individua

ls
we re in the trunk for a

pproxim a te ly

two hours, a

nd the trunk wa s c ra m

pe d with no fre sh or c ool a ir. Two of the individua ls sta te d the y fe are d for the ir sa fe ty , a

nd one
e xpla ine d she wa s short of bre a th. W e ne e d not re solve wha t e vide ntia ry sta nda rd the d istric t c o urt should ha ve a pplie d be c a

u se , unde r any

sta n d ard, the se fa c ts we re suffic i e nt to support the

e nha nc e m e nt. Se e U.S.S.G. § 2L1.1 c m t. n.5 (2015) (“ transporting pe rsons in thetrunk . . . of a m otor ve hic le ” e xam

ple of c onduc t
warra n ting inc re a se ); Unite d State s v . Be rnardo , 818 F.3d 983, 986 (9th C ir. 2016). AFFIRM E D.

1 6
- 1 0 0 7 4 2
##### 



EXHIBIT 4.1 NOT VALID UNLESS
COUNTERSIGNED BY TRANSFER AGENT.INCORPORATED UNDER THE LAWS OF THE
STATE OF NEVADA. NUMBER
    

iCurie,
Inc.
    
    SHARES
 AUTHORIZED COMMON STOCK:
150,000,000 SHARES
PAR VALUE: $.001  CUSIP NO: 45107H 10 9
 THIS CERTIFIES THAT IS THE RECORD HOLDER OF SHARES
OF iCURIE, INC. COMMON STOCK TRANSFERABLE ON THE BOOKS OF THE CORPORATION IN
PERSON OR BY DULY AUTHORIZED ATTORNEY UPON SURRENDER OF THIS CERTIFICATE PROPERLY ENDORSED.
THIS CERTIFICATE IS NOT VALID UNTIL COUNTERSIGNED BY THE TRANSFER
AGENT AND REGISTERED BY THE REGISTRAR. WITNESS
THE FACSIMILE SEAL OF THE CORPORATION AND THE FACSIMILE SIGNATURES OF
ITS DULY AUTHORIZED OFFICERS. DATED: /s/
Michael Karpheden
    
    iCurie,
Inc.CORPORATESEALNEVADA
    
    /s/ Hakan WretsellSECRETARY
    
    
    
    PRESIDENTCOUNTERSIGNED AND REGISTERED:
/s/ COUNTERSIGNED TRANSFER AGENT - AUTHORIZED SIGNATURE
 INTERWEST
TRANSFER CO. INC. P.O. BOX 17138/SALT LAKE CITY, UTAH 84117




---



##### 



THE FOLLOWING ABBREVIATIONS, WHEN USED IN THE INSCRIPTION ON THE FACE OF
THIS CERTIFICATE, SHALL BE CONSTRUED AS THOUGH THEY WERE WRITTEN OUT IN FULL
ACCORDING TO APPLICABLE LAWS OR REGULATIONS:  TEN COM
    
    
    
    as tenants in commonTEN ENT
    
    
    
    as tenants by the entiretiesJT TEN
    
    
    
    as joint tenants with right of
survivorship and not as tenants
in common
 UNIF GIFT MIN ACT 
    
    
    
    Custodian(Cust)
    
    
    
    (Minor)under Uniform Gifts to Minors Act(State)
   Additional abbreviations may also be used though not in the above list. FOR VALUE RECEIVED  hereby sell, assign and transfer unto  PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE
              Dated NOTICE:
    
    THE SIGNATURE TO THIS ASSIGNMENT MUST
CORRESPOND WITH THE NAME AS WRITTEN UPON THE
FACE OF THE CERTIFICATE IN
EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER.
 NOTICE Signature Guaranteed:  By: SIGNATURE(S) MUST BE
GUARANTEED BY A FIRM WHICH IS A MEMBER OF A REGISTERED NATIONAL STOCK
EXCHANGE, OR BY A BANK (OTHER THAN A SAVINGS BANK). OR A TRUST
COMPANY. THE GUARANTEEING FIRM MUST BE A MEMBER OF THE MEDALLION
GUARANTEE PROGRAM. TRANSFER FEE WILL APPLY. *** FOR MEDALLION GUARANTEE USE ONLY ***
effective concentrations based on 100% active ingredients and nominal concentrations; hardness <150.0 mg/L as CaCO3; and TOC <2.0 mg/L;

Factors Values Comments Assessment Factor 10 Concentration of Concern ( p pb) Acute Concentration of Concern ( p pb) Chronic 1

SARs Cationic Surfactants SAR Class Cationic Surfactants TSCA New Chemcial Category Cationic (quaternary ammonium) surfactants

Ecotox Factors Comments:

SAT Chair: Fate assessor: Ecotox assessor: Health assessor:
#### Daniel R. DeNARDO, Plaintiff—Appellant, v. D.G. SMITH, et al., Defendants—Appellees, and MUNICIPALITY OF ANCHORAGE, Defendant.

No. 01-35548.

D.C. No. CV-96-00466-a-JKS.

United States Court of Appeals, Ninth Circuit.

Submitted July 22, 2002 *.

Decided July 30, 2002.

Before BROWNING, KOZINSKI and BERZON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument, and denies DeNardo's request for oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Daniel DeNardo appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging false arrest, malicious prosecution, and excessive force. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s summary judgment, *Lopez v. Smith,*203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.

The district court correctly concluded that the claims against Cynthia Fellows are time-barred, *see DeNardo v. Murphy,*781 F.2d 1345, 1346 (9th Cir.1986), and that DeNardo failed to establish any basis to toll the statute of limitations, *see Compton v. Ide,*732 F.2d 1429, 1433 (9th Cir.1984), *abrogated on other grounds, Agency Holding Corp. v. Malley-Duff Assocs., Inc.,*483 U.S. 143, 148-49 (1987).

Because DeNardo’s claims against defendants Richard, Walker, Clark-Weeks, and Mathis are barred by absolute immunity, summary judgment was proper. *See Imbler v. Pachtman,*424 U.S. 409, 431, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976).

The district court properly concluded that the use of a police dog to search for an unknown suspect after hours in a darkened, deserted building is not an unreasonable seizure or excessive force, and that Officers Smith and Shore are entitled to qualified immunity. *See Watkins v. City of Oakland,*145 F.3d 1087, 1092 (9th Cir.1998).

DeNardo’s contention that the district court abused its discretion by denying his discovery request is rejected as moot.

AFFIRMED.

**

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

104TH CONGRESS

1ST SESSION S. 264

To amend the Internal Revenue Code of 1986 to adjust for inflation the

dollar limitations on the dependent care credit.

IN THE SENATE OF THE UNITED STATES

JANUARY 24 (legislative day, JANUARY 10), 1995

Mr. AKAKA 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 adjust

for inflation the dollar limitations on the dependent care

credit.

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 ‘‘Working Families Tax

5 Relief Act’’.

6 SEC. 2. INFLATION ADJUSTMENT OF DEPENDENT CARE

7 CREDIT.

8 (a) IN GENERAL.—Subsection (e) of section 21 of the

9 Internal Revenue Code of 1986 (relating to expenses for

10 household and dependent care services necessary for gain-
2

•S 264 IS

1 ful employment) is amended by adding at the end the fol2 lowing new paragraph:

3 ‘‘(10) INFLATION ADJUSTMENT.—In the case of

4 any taxable year beginning in a calendar year after

5 1995, each dollar amount contained in subsections

6 (c) and (d)(2) shall be increased by an amount equal

7 to—

8 ‘‘(A) such dollar amount, multiplied by

9 ‘‘(B) the cost-of-living adjustment deter10 mined under section 1(f)(3) for the calendar

11 year in which the taxable year begins, by sub12 stituting ‘calendar year 1994’ for ‘calendar year

13 1992’ in subparagraph (B) thereof.’’

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

15 subsection (a) shall apply to taxable years beginning after

16 December 31, 1995.

Æ
Exhibit 32.1


                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER

 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

     The undersigned executive officer of PFS Bancorp, Inc. (the "Registrant")
hereby certifies that the Registrant's Form 10-QSB for the period ended
September 30, 2004 fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 and that the information contained
therein fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.

                                  /s/Mel E. Green
                                  -------------------------------------
                                  Name:  Mel E. Green
                                  Title: President and Chief Executive Officer

Date:  November 12, 2004


A signed original of this written statement required by Section 906 has been
provided to PFS Bancorp, Inc. and will be retained by PFS Bancorp, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 32.1**

 

STATEMENT OF CHIEF EXECUTIVEOFFICERPURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

 

Pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, I, Theodore R. Maloney, certify that:

 

1.  The Annual Report on Form 10-KSBfor the year ended June 30, 2003 (the “Report”) of MediCor Ltd. (the “Company”),fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.  The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of MediCor.

 

Date: June 6, 2005

 
|   | /s/  Theodore  R. Maloney |   |
|--------|--------------------------------|--------|
|   | Theodore R. Maloney            |
|   | Chief Executive Officer        |

 

----
p130180.eng INITIAL REVIEW ENGINEERING REPORT PMN: 13-0180 Focus Ready Draft 1/14/2013
ENGINEER: Choudhary \ AH PV (kg/yr):

SUBMITTER:

Page 1p130180.eng

SAT (concerns) (11/06/2012): Related Cases and Related Cases and Misc SAT Info:

Migration to groundwater: Negligible PBT rating: P2B3T2 Linear: P1B2T2 // Branched: P2B3T2. Health: 2 Dermal, Inhalation Eco: 3 Water (All releases to water with a CC = 1 ppb.)

OCCUPATIONAL EXPOSURE RATING: 1D

NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER.

Page 2p130180.eng

Page 3p130180.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0180

Page 4p130180.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0180

Page 5p130180.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0180

Page 6p130180.eng

Page 7p130180.eng

INITIAL REVIEW ENGINEERING REPORT PMN: 13-0180

Page 8p130180.eng

Page 9
<PAGE>

                                                                    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 EvergreenBancorp, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gerald
O. Hatler, Chief Executive Officer, 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.

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.


/s/ Gerald O. Hatler
------------------------------------------
Gerald O. Hatler
President and Chief Executive Officer

May 14, 2004

                                     - 22 -
<PAGE>

July 7, 1999



Mr. Frank E. Egger
10301 S. W. 13th Street
Pembroke Pines, Florida 33025

RE:               CONSULTING AGREEMENT

Dear Frank:

This letter is to confirm our agreement that you will be retained by InSight
on the following terms:

(1)  Effective July 12, 1999, you will act as interim President and CEO of
     InSight until a replacement is identified and hired.

(2)  The initial term of this arrangement is four (4) months. We have agreed
     that either of us may cancel this arrangement upon sixty (60) days'
     written notice.

(3)  You will provide InSight with a minimum of 40 hours per week of services.
     InSight will provide you telephone, facsimile and copy services, office
     space, secretarial support and office supplies.

(4)  InSight will compensate you at the rate of $15,000.00 monthly, payable at
     the beginning of each calendar month in advance effective as of July 8,
     1999. InSight will also reimburse you for all reasonable out-of-pocket
     expenses. Expenses shall be submitted monthly and InSight will pay for
     expenses according to its established policy.

(5)  You are an independent contractor with respect to InSight and not an
     employee of InSight. InSight will not provide you with any fringe
     benefits, including life insurance,

<PAGE>

FRANK E. EGGER
July 7, 1999
Page 2


     medical, health, accident or disability plan or program, paid vacation or
     any other employee benefit.

(6)  You have agreed that by reason of your position with InSight, you have
     access to InSight's confidential information and materials and trade
     secrets with regard to InSight's business affairs and you have agreed that
     you have held, and will hold, all such information strictly confidential
     and that you will not disclose or use such information for any reason
     without the prior written consent of InSight.

(7)  We have agreed that your March 28, 1996 Consulting Agreement will remain
     in full force and effect.

(8)  We have agreed that you will also be granted today a warrant for 15,000
     shares of InSight common stock which will vest over a period of four
     months and will remain exercisable for ten years.

If the above accurately sets forth our arrangement, please execute the enclosed
copy of this Agreement and return the same to me.

Very truly yours,


/s/ Leonard H. Habas


LEONARD H. HABAS, Chairman
Compensation Committee

AGREED TO:


/s/ Frank E. Egger
-----------------------------------------
Frank E. Egger
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 347 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 347

 To amend the Immigration and Nationality Act to make membership in a 
  terrorist organization a basis of exclusion from the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 2 (legislative day, January 30), 1995

 Ms. Snowe (for herself and Mr. Brown) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to make membership in a 
  terrorist organization a basis of exclusion from the United States.

    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 ``Terrorist Exclusion Act of 1995''.

SEC. 2. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR EXCLUSION 
              FROM THE UNITED STATES UNDER THE IMMIGRATION AND 
              NATIONALITY ACT.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
            (1) by striking ``or'' at the end of clause (i)(I);
            (2) by inserting ``or'' at the end of clause (i)(II);
            (3) by inserting after clause (i)(II) the following new 
        subclause:
                                    ``(III) is a member of a terrorist 
                                organization or who actively supports 
                                or advocates terrorist activity,''; and
            (4) by adding at the end the following new clause:
                            ``(iv) Terrorist organization defined.--As 
                        used in this subparagraph, the term `terrorist 
                        organization' means an organization that 
                        engages in, or has engaged in, terrorist 
                        activity as determined by the Attorney General, 
                        in consultation with the Secretary of State.''.
                                 <all>
```
##### 



Exhibit 32.1 Certification of the Chief Executive 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 Accenture SCA (the Company)
on Form 10-Q for the period ended February 29, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Joe W.
Forehand, Chief Executive Officer of Accenture Ltd, the general partner of the
Company, certify, pursuant to 18 U.S.C. § 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. Dated: April 7, 2004 /s/ JOE W. FOREHANDJoe W. ForehandChief Executive
Officer(Chief Executive Officer of Accenture Ltd,General Partner of Accenture SCA)
 A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version 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.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,087,366
<SECURITIES>                                    14,531
<RECEIVABLES>                               10,792,663
<ALLOWANCES>                                   651,311
<INVENTORY>                                          0
<CURRENT-ASSETS>                            14,177,026
<PP&E>                                       6,081,072
<DEPRECIATION>                               3,401,956
<TOTAL-ASSETS>                              25,315,042
<CURRENT-LIABILITIES>                       13,704,179
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,802,120
<COMMON>                                         5,055
<OTHER-SE>                                   6,803,688
<TOTAL-LIABILITY-AND-EQUITY>                25,315,042
<SALES>                                              0
<TOTAL-REVENUES>                            33,887,888
<CGS>                                                0
<TOTAL-COSTS>                                4,853,462
<OTHER-EXPENSES>                            26,140,416
<LOSS-PROVISION>                               400,929
<INTEREST-EXPENSE>                           (272,405)
<INCOME-PRETAX>                              2,792,065
<INCOME-TAX>                                 1,172,692
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,619,373
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                     0.21
        

</TABLE>
Gormas, Michael (OST) 

To: 

Subject: 

-----Original Message-----

From: Donald Nielsen 

Donald Nielsen 

RE: It's important that ESA services be provided to all of us who reside in South Naknek. 

It's important for all medical purposes; receipt of medicines, medical emergencies 

transportation, transporting our school children to Naknek for school on daily bas 

Sent: Saturday, June 06, 2015 4:41 PM 

To: Gormas, Michael (OST) 

Subject: It's important that ESA 

It's important that ESA services be provided to all of us who reside in South Naknek. It's important for all medical 

purposes; receipt of medicines, medical emergencies transportation, transporting our school children to Naknek for 

school on daily base ... 

Sent from my iPhone 

1
S. 2100

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To provide for the extension of certain authority for the Marshal of the Supreme

Court and the Supreme Court Police.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. EXTENSION OF AUTHORITY.

Section 9(c) of the Act entitled ‘‘An Act relating to the policing

of the building and grounds of the Supreme Court of the United

States’’, approved August 18, 1949 (40 U.S.C. 13n(c)) is amended

in the first sentence by striking ‘‘1996’’ and inserting ‘‘2000’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.