alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-41161

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE RUBEN ARGUETA-PADILLA, Also Known as Alejandro Argueta-Rivera,

Defendant-Appellant.

Appeals from the United States District Court

for the Southern District of Texas

No. 1:10-CR-1126-1

Before SMITH, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM:*

Jose Argueta-Padilla appeals the sentence imposed following his guiltyplea conviction of being found unlawfully present in the United States after

United States Court of Appeals

Fifth Circuit

F I L E D

March 20, 2013

Lyle W. Cayce

Clerk

* 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.

 Case: 11-41161 Document: 00512181783 Page: 1 Date Filed: 03/20/2013
No. 11-41161

deportation. He asserts that the district court plainly erred in applying a

sixteen-level enhancement pursuant to U.S. Sentencing Guidelines § 2L1.2(b)-

(1)(A)(i).

Because Argueta-Padilla did not object to the enhancement in the district

court, review is limited to plain error. See Puckett v. United States, 556 U.S. 129,

135 (2009). To show plain error, Argueta-Padilla must show a forfeited error

that is clear or obvious and that affects his substantial rights. See id. If he

makes such a showing, this court has the discretion to correct the error, but only

if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. Henderson v. United States, 133 S. Ct. 1121, 1123 (2013).

Argueta-Padilla concedes that his conviction of count one in Maryland

Case No. 105209C for distribution of a controlled dangerous substance qualifies

as a drug-trafficking offense. In view of that concession, he cannot show any

error, much less plain error, in the application of the enhancement. ArguetaPadilla’s motion to withdraw counsel and appoint new counsel is DENIED.

The judgment of sentence is AFFIRMED.

2

 Case: 11-41161 Document: 00512181783 Page: 2 Date Filed: 03/20/2013
<PAGE>

                                                                    EXHIBIT 99.2

                            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 Quarterly Report of Tvia, Inc. (the "Registrant") on
Form 10-Q for the period ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report") I, Arthur Nguyen,
Acting Chief Financial Officer of the Registrant, certify, in accordance with 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that based on my knowledge:

         (1)
         the Quarterly Report on Form 10-Q of the Registrant, to which this
         certification is attached as an exhibit (the "Report"), fully complies
         with the requirements of section 13(a) of the Securities Exchange Act
         of 1934 (15 U.S.C. 78m); and

         (2)
         the information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Registrant.

Dated: February 7, 2003             /s/   Arthur Nguyen
                                    --------------------------------------------
                                    Arthur Nguyen
                                    Acting Chief Financial Officer

                                       29
#### Gilbert LAU, petitioner, v. UNITED STATES.

No. 02-9055.

Supreme Court of United States

March 24, 2003.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
#### C. S. HOBGOOD, Appellant, v. J. L. HUMPHREY et al., Appellees.

Court of Appeals of Kentucky.

March 4, 1955.

Frederick E. Nichols, Nichols & Nichols, Madisonville, for appellant.

L. B. Weir, Madisonville, for appellees.

PER CURIAM.

This appeal involves the title to a small strip of land and the cross-appeal involves damages for its use by the appellant.

Not finding the judgment “clearly erroneous,” CR 52.01, we affirm it on appeal and cross-appeal.
Exhibit
10.22


 


[NESS
SYMBOL]


 


Summary
of Meeting dated May 3, 2001


Present:
Tuvia Feldman, Raviv Zoller


 


1.                            It was
agreed to appoint Tuvia, as of today, as the COO of Ness Technologies Inc. (“Ness”). The definition of the job, the spheres of responsibility and
authority are as stated in the attached appendix.


2.                            It was
agreed that the salary terms of Tuvia as they are at present (excluding the
issue of bonuses) shall remain unchanged. The bonus in the amount of 125,000
dollars, which was paid for performance in 2000, shall be the final bonus for
the year 2000.


3.                           For the year 2001 onwards, Tuvia shall be entitled to an annual bonus in the amount of 90% of the annual
bonus of the CEO - Raviv. As of the date of signing this agreement, the
minimum bonus of the CEO is 75,000 dollars and the maximum bonus is 150,000
dollars. The maximum bonus will be paid if the target operating profit is
reached in full in accordance with the company’s budget, and in the absence of
a target, it shall be paid at the discretion of the chairman of the board of
directors. Tivia shall be entitled to receive prepayments on account of the
bonus in an amount of 1/8 of  a monthly
salary, which shall be deemed a minimum bonus which shall not be returned to
Ness in any circumstances.


4.                            Tuvia shall be included in the new round of additional option issues
immediately after receiving the approval of the board of directors for the
issue.


5.                            Tuvia shall receive a loan in an amount of 125,000 dollars. The loan
will become a grant and the tax on it shall be grossed up and paid by Ness in
the following cases: if Tuvia continues to work at the company for two years
from April 17, 2001; dismissal; resignation that grants entitlement to
severance pay; a change of control of Ness; replacement of the CEO; sale of the
activity or assets on a cumulative scale of more than 25% of the activity or
assets at the end of the year 2000; an issue to the public; a merger with
another company; winding up; receivership; bankruptcy; termination of the
employment of Tuvia by force majeure
(including death, disability, etc.). If Tuvia terminates his employment before
the end of two years for other reasons, the whole amount of the loan shall be
returned together with linkage differentials to the index and annual interest
of 4%.


6.                           It is agreed that clauses 5, 6, 8 between Tuvia and Ness dated August
27, 2000, shall hereby be cancelled.


 




	
  /s/ Raviv Zoller

  	
  /s/ Tuvia Feldman

  
	
  Raviv Zoller

  	
  Tuvia Feldman

  
	
  On behalf of the company

  	
   

  






 


NESS
TECHNOLOGIES INC.


Ness
Tower, Atidim, Bldg. 4, POB 58152 Tel-Aviv, 61581 Israel


Tel.
++972-3-7666800     Fax: ++
972-3-7666809


www.ness.com
AFS-11-391-E August 10, 2011

Exemption No. 32827 Regulatory Docket No. FAA-2011-0770

Mr. Don Bintz Unmanned Systems, Inc. 2709 Cyrano Avenue Henderson, NV 89052

Dear Mr. Bintz:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated July 18, 2011 you petitioned the Federal Aviation Administration (FAA) on behalf of Unmanned Systems, Inc. (USI), for an exemption from §§ 91.9(b)(2) and 91.203(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This exemption will allow USI to operate an unmanned aircraft system (UAS) that does not carry and display the aircraft’s airworthiness, certification, and registration documents required under part 91.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to USI.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8607 (copy enclosed), the FAA found that it is unnecessary to carry and display the airworthiness, certification, and registration documents in UASs for the operation described by the petitioner. The original intent of the subject regulations was to display the airworthiness and registration documents so they would be easily available to the FAA inspectors and passengers.2

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No 8607;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8607 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Unmanned Systems, Inc., an exemption from 14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) to the extent necessary to allow USI to operate a UAS that does not carry and display the aircraft ’s airworthiness, certification, and registration documents required under part 91, subject to the conditions and limitations described below.

Conditions and Limitations

1. The documents required under §§ 91.9 and 91.203 must be available to the pilot in command of the UAS anytime the aircraft is operating.

2. Those documents required under §§ 91.9 and 91.203 must be made available within 10 days to any FAA, U.S. Department of Defense, or law enforcement

official.

3. This exemption is not valid for operations outside the United States.

This exemption terminates on August 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT CHRISTIAN YOUNG, Appellant,
v. STATE OF FLORIDA, Appellee. No. 2D23-660 April 3, 2024 Appeal from the Circuit Court for Pasco County; Anne Wansboro, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. PER CURIAM. Affirmed. SLEET, C.J., and NORTHCUTT, and LUCAS, JJ., Concur. Opinion subject to revision prior publication.
BAR

T STUPA K 1S T DISTRICT , MICHIGA N

226 8 RAYBUR N HOUS E OFFIC E BUILDIN G WASHINGTON , D C 20515-220 1 PHONE : (202 ) 225^73 5 FAX : (202 ) 225^74 4 http://www.house.gov/stupak (Emai l throug hWebsite )

SCOT T SCHLOEGEL—CHIE F O F STAF F TO M BALDINI—DISTRIC T DIRECTO R 

## Qongres s o f the X}nited^tate s J-{ous e o f

^Representative s y/ashington , T) Q 20515-220 1 COMMITTEE : ENERG Y AN D COMMERCE SUBCOMMITTEES : OVERSIGH T AN D INVESTIGATION S

CHAIRMA N COMMUNICATIONS , TECHNOLOGYAN D TH E INTERNE T COMMERCE , TRAD E AN D CONSUME R PROTECTIO N

CAUCU S LEADERSHIPS : L A W ENFORCEMEN T CAUCUS
. CO-CHAI R NORTHER N BORDE R CAUCUS
. CO-CHAI R

RURA L CAUCU S
May 3 , 201 0 Denni s DeVan y Essentia l Ai r

Servic e Divisio n Offic e o f Aviatio n Analysi s Departmen t

o f Transportatio n 40 0 SeventhStreet , S.W
. Washington , D.C
. 2059 0 Dea r Mr
. DeVany : C O

'•':: : T

_j

. , " o n ••• i IC O : -_-!- a -' 3 C D -JXJ '.x ^ O Z ^
You r offic e i s onc e agai n i n th e proces s o f evaluatin g bid s for

Essentia l Ai r

Servic e t o th e Delt aCounty Airport
. Th e local governmen t

official s hav e evaluate dth e option s presente dan dhav e receive d inpu t fro mth e loca l community
. The y are recommendin g bi doptio n # 3 fro m Mesaba/Delt aConnec t

b e adopted
. Increase dattentio n t o servic e alon g wit ho n tim e performanc e ha s helpe destablis hloca l passenge r loyalty an dtherefor e increase d passenge r numbers
. Th e additional flight t o Detroi t

alon g withpropose dschedulin g improvement s wil l b e very beneficia l t o Delt aCounty Airport an dth e entir e region
. I

t i s critica l w e establis hapredictabl e an dconsisten t ai r carrie r for thi s airport

s o the y can continu e t o serv e th e resident s o f th e region
. Pleas e b e advise dtha t

I support th e loca l Airpor t

Board' s recommendatio n t o you t o accep t bi doptio n # 3 fromMesaba/Delt aConnect
. If you hav e an y question s o r comments , pleas e fee l fre e t o contac t m e o r my Distric t Director , To mBaldini
. Sincerely ,
BAR T STUPA K Membe r o f Congres s

PLEAS E REPI V TO : I— I 61 6 SHELDO N HOUGHTON , MI 4993 1 (906)482-137 1 I I 2 SOUT H 6T H STREE T SUIT E 3 CRYSTA LFALLS , MI 4992 0 (906)875-375 1 D 122 9 WES T WASHINGTO N MARQUETTE
. M l 4985 5 (906)228-370 0 I— I 90 2 LuDiNGTO N STREE T ESCANABA , M I 4982 9 (906 ) 786-450 4 I— I 20 0 DIVISIO N STREE T PETOSKEY , MI 4977 0 (231)348-065 7 I— I 11 1 EAS T CHISHOL M ALPENA , MI 4970 7 (989)356-069 0 [ 1 57 5 COUR T STREE T WES T BRANCH , M l 4866 1 (989)345-225 8 DISTRIC T TOL L FREE : 800-950-REP l (7371 )

PRINTE D ON RECYCLE D PAPE R
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The Honorable William B. Shubb, Senior United States District Judge **

for the Eastern District of California, sitting by designation. 

The panel unanimously concludes this case is suitable for decision ***

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

DONNELL HATCHER, a.k.a. D, a.k.a.

Darnell,

 Defendant - Appellant.

No. 11-10211

D.C. No. 3:92-cr-00001-WBS

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

William B. Shubb, District Judge, Presiding**

Submitted October 9, 2012*** 

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges. 

Donnell Hatcher appeals from his guilty-plea conviction and 240-month

FILED

OCT 16 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-10211

sentence for possession with intent to distribute heroin, in violation of 21 U.S.C.

§ 841(a)(1). Pursuant to Anders v. California, 386 U.S. 738 (1967), Hatcher’s

counsel has filed a brief stating there are no grounds for relief, along with a motion

to withdraw as counsel of record. We have provided Hatcher the opportunity to

file a pro se supplemental brief. No pro se supplemental brief or answering brief

has been filed.

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80 (1988), discloses no arguable grounds for relief on direct appeal.

Counsel’s motion to withdraw is GRANTED. 

AFFIRMED.
EXHIBIT 3(g)

                            CERTIFICATE OF AMENDMENT

                                       OF

                          CERTIFICATE OF INCORPORATION

                                       OF

                        IMAGING TECHNOLOGIES CORPORATION



          It is hereby certified that:

          1. The name of the corporation  (hereinafter called the "Corporation")
is Imaging Technologies Corporation.

          2. The Certificate of  Incorporation  of the Corporation  (hereinafter
called the "Certificate of Incorporation") is hereby further amended by deleting
the current  first  paragraph  of the Fourth  Article and  replacing it with the
following:

          "FOURTH: The aggregate number of shares of stock which the Corporation
shall have  authority to issue is  200,100,000  shares divided into two classes;
200,000,000 shares of which shall be designated as Common Stock, $.005 par value
per share,  and 100,000 shares of which shall be designated as Preferred  Stock,
with  $1,000.00 par value per share.  There shall be no  preemptive  rights with
respect to any shares of capital stock of the Corporation."

          3. The amendment of the Certificate of Incorporation  herein certified
has been duly adopted in  accordance  with the  provisions of Section 242 of the
General Corporation Law of the State of Delaware.



Dated: May 12, 2000



                                          By:   /s/ Brian Bonar
                                             ---------------------------
                                                Brian Bonar, President



ATTEST:



By:   /s/ Philip Englund
   ---------------------------------
Philip Englund, Secretary


<PAGE>
----- Forwarded by Brian Shrager/RTP/USEPA/US on 02/18/2011 03:10 PM

-----

From: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

To: RobertJ Wayland/RTP/USEPA/US@EPA, Thomas

 Gillis/DC/USEPA/US@EPA, Brian Shrager/RTP/USEPA/US@EPA, Jim

 Eddinger/RTP/USEPA/US@EPA

Date: 02/02/2011 11:51 AM

Subject: FW: E.O. 12866 Meeting on Boiler MACT

Hi all,

Consistent with our executive order, attached are the handouts from the

EO 12866 meeting yesterday. Please let me know if you have any

questions.

Regards,

Cortney

-----Original Appointment-----

From: Echols, Mabel E.

Sent: Tuesday, January 25, 2011 12:34 PM

To: Echols, Mabel E.; Neyland, Kevin F.; Mancini, Dominic J.; Higgins,

Cortney; Lee, Amanda I.; MacNeil, John S.; Rackoff, Jonathan E.;

tsirigotis.peter@epamail.epa.gov; wayland.robertj@epamail.epa.gov;

gillis.thomas@epa.gov; Keohane, Nathaniel; Levinson, Arik; Patel,

Manisha; Utech, Dan G.

Subject: E.O. 12866 Meeting on Boiler MACT

When: Tuesday, February 01, 2011 1:00 PM-1:30 PM (UTC-05:00) Eastern

Time (US & Canada).

Where: 10103 NEOB

When: Tuesday, February 01, 2011 1:00 PM-1:30 PM (UTC-05:00) Eastern

Time (US & Canada).

Where: 10103 NEOB

Note: The GMT offset above does not reflect daylight saving time

adjustments.

*~*~*~*~*~*~*~*~*~*
I 

112TH CONGRESS 

1ST SESSION H. R. 1487 

To amend the Federal Food, Drug, and Cosmetic Act to ban the use of 

the arsenic compound known as roxarsone as a food additive. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2011 

Mr. ISRAEL introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Federal Food, Drug, and Cosmetic Act to 

ban the use of the arsenic compound known as roxarsone 

as a food additive. 

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 ‘‘Poison-Free Poultry 

5 Act of 2011’’. 

6 SEC. 2. BAN ON USE OF ARSENIC COMPOUND KNOWN AS 

7 ROXARSONE AS FOOD ADDITIVE. 

8 (a) BAN.—Section 409 of the Federal Food, Drug, 

9 and Cosmetic Act (21 U.S.C. 348) is amended by adding 

10 at the end the following: 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 1487 IH

1 ‘‘(k) BAN ON USE OF ARSENIC COMPOUND

2 ROXARSONE.—The arsenic compound known as 

3 roxarsone— 

4 ‘‘(1) shall not be subject to section 201(s)(4); 

5 and 

6 ‘‘(2) is deemed to be an unsafe food additive 

7 within the meaning of this section.’’. 

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

9 this section shall take effect one year after the date of 

10 the enactment of this Act. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
Modification Letter Pat Clarke



 

 

  
 Exhibit 10.12 
  
 January 8, 2004

  
 Mr. Pat Clarke 
 Brick Lane 
 Beck Hall 
 Tealby

 Market Rasen 
 Lincolnshire 
 LN8 3XS 
  
 Re: Modifications to Terms and Conditions of Employment dated January 7, 2004 
  
 Dear Pat: 
  
 Further to our letter of offer dated January 7, 2004, I am pleased to submit the following modifications to that offer: 
  

	 	1)	 	We have satisfactorily checked the references that you provided and hereby remove that condition from our offer. Our offer of employment is no longer conditional, with the exception
that the offer expires 5:00pm (GMT), January 9, 2004. 

  

	 	2)	 	Clause 6, Period of Notice, is hereby deleted in its entirety, and replaced with the following: 

  
 “In the event of termination without cause, the Company will provide three (3) months notice to you. Should you elect
to leave the Company you will provide three (3) months notice to the Company. In the event of termination due to serious misconduct or breach of contract there will be no notice period”. 
  
 Please sign below, in addition to signing the original offer letter, to indicate your
acceptance of these terms. 
  
 Signed on behalf of BakBone Software Limited:

  
 /s/ Keith Rickard 

  
 Date: January 8, 2004 

  
 I hereby accept this
modification letter together with the original terms of the offer of employment (as modified by this letter): 
  
 Employee: /s/ Pat Clarke 

  
 Date: January 12, 2004
#### FOUR STRONG/HACKNEY, J.V., by and through its liquidating partner, Four Strong Builders, Inc., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 02-5138.

United States Court of Appeals, Federal Circuit.

DECIDED: Feb. 12, 2003.

*924Before NEWMAN, Circuit Judge, PLAGER, Senior Circuit Judge, and BRYSON, Circuit Judge.

JUDGMENT

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED: *AFFIRMED. See*Fed. Cir. R. 36
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