alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OURT OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ERIC A, Plaintiff - Appe lle e , v. AM A DEO M EDINA, De fe nda

nt - Appe lla

nt. No. 14-50023

D.C . No. 3:12-c r-00037-W QH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia W illia m Q. Ha y e s, Distric t Judge , Pre siding Subm itte d De c e m

be r 9, 2014 ** B e fore : WALLAC E, LEAVY, a nd B YB EE, C i rc uit Judge s . Am a de o M e dina

a ppe a ls from

the distric t c ourt’ s judgme nt a nd c ha lle nge s his jury -tria l c onvic tion a nd 94-m onth se nte nc e for atte m pte d e ntry a fte r de porta tion, in viola

tion of 8 U.S.C . § 1326. W e have jurisdic tion under 28 U.S.C . § 1291, a nd we a ffirm . 

# FIL ED D EC 12 2014 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne luna nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).M e dina c onte nds tha

t his c onvic tion a

nd se nte nc e viola

te the Sixth Am e ndm e nt be c a

use the fa c t of theprior c onvic tion tha t subje c t e d him

to e nha nc e d pe na ltie s unde r se c tion 1326(b) wa s ne ithe r a lle ge d in theindic tm e nt nor proven to the j ury . The Supre m e C ourt re je c te d this a

rgum e nt in Alme ndare

z -Torre s v . Unite d State s , 523 U.S. 224, 239-47 (1998). M e dina ’ s c onte ntion tha t Alme ndare

z-Torre s ha s be e n im

plic itly ove rrule d is inc o rre c t. S e e Alle yn ev . Unite d State s , 133 S. C t. 2151, 2160 n.1 (2013) (e xpre ssly de c lining to revisit holding in A lme ndare

z-Torre s ). AFFIRM E D.

1 4 - 5 0 0 2 3 2
J.L. and J.L.,

Petitioners,

v.

STATE OF FLORIDA,

Respondent.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-3236

_____________________________/

Opinion filed January 17, 2017.

Petition for Writ of Certiorari – Original Jurisdiction.

Brooke V. Elvington of Brooke Elvington Appellate Law, P.A., Clearwater, for 

Petitioners.

Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant 

Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Petitioners sought to quash a writ of bodily attachment based on their failure 

to appear at contempt proceedings, on the grounds that the juvenile court did not 

have jurisdiction to find them in contempt, and because they were not properly 
2

served with the order to show cause. We find that the juvenile court was authorized 

to hold petitioners in contempt. See, e.g., In re Elrod, 455 So. 2d 1325, 1327 (Fla. 

4th DCA 1984); Husky v. Safer, 419 So. 2d 1158, 1159 (Fla. 1st DCA 1982).

However, we determine that the trial court erred in denying petitioners’ motion to 

quash a writ of bodily attachment, because the record does not demonstrate that 

they were properly served. See Fla. R. Juv. P. 8.150(c)(2). Petitioners’ appearance 

at the hearing to contest jurisdiction and object based on lack of service of process 

did not waive service. See Caldwell v. Caldwell, 921 So. 2d 759, 760 (Fla. 1st 

DCA 2006) (holding that a party loses its right to contest default final judgment on 

grounds of defective service of process by entering general appearance unless it 

also contests service of process or raises issue of personal jurisdiction). The 

petition for writ of certiorari is GRANTED, and the order of the trial court is 

quashed.

ROBERTS, C.J., ROWE, and WINOKUR, JJ., CONCUR.
<PAGE>
                                                                     EXHIBIT 3.2

                    CERTIFICATE OF DECREASE AND ELIMINATION
                                      OF
                     SERIES B CONVERTIBLE PREFERRED STOCK
                                      OF
                          BOSTON LIFE SCIENCES, INC.

       (PURSUANT TO SECTION 151 OF THE DELAWARE GENERAL CORPORATION LAW)

          BOSTON LIFE SCIENCES, INC., a corporation organized and existing under
the laws of the State of Delaware (the "Corporation"), hereby certifies that,
pursuant to Sections 141 and 151 of the Delaware General Corporation Law and the
authority vested in the Board of Directors of the Corporation by Article Fourth
of the Amended and Restated Certificate of Incorporation, the Board of Directors
of the Corporation, by resolution dated February 17, 1999, at a telephonic
meeting, did authorize and direct that the number of authorized shares of
Preferred Stock designated as Series B Convertible Preferred Stock be reduced
from 227,719 to 0, and by resolution dated June 28, 1999, at a meeting, did
authorize and direct that because none of the shares of such series are
outstanding and none will be issued subject to the Series B Certificate of
Designations, Preferences and Rights, that such designation of Series B
Convertible Preferred Stock shall be eliminated  pursuant to the authority
granted to them under Section 151(g) of the Delaware General Corporation Law.

          IN WITNESS WHEREOF, this Certificate of Decrease and Elimination has
been executed and filed as of this 29th day of June, 1999.


                              BOSTON LIFE SCIENCES, INC.


                              By:  /s/ Joseph P. Hernon
                                   --------------------
                                       Joseph P. Hernon
                                       Secretary, Vice President and
                                       Chief Financial Officer

                                       1
**MEMORANDUM**

**TO: Docket EPA-HQ-OAR-2010-0163**

**FROM: Mark Schmidt OAQPS/AQAD/AQAG** 

**DATE: March 31, 2010**

**SUBJECT: Design Value for the 1997 Annual PM 2.5**  **NAAQS for Harris County, Texas**

**There are three PM 2.5**  **ambient air quality monitoring sites in the Housto n Core Based Statistical**  **Area (CBSA) and Houston Combined Statistical Area ( CSA) that quality for comparison with** 
**the annual PM 2.5**  **National Ambient Air Quality Standards (NAAQS).**

**For 2007-2009, all three sites have complete data ( per 40 CFR Part 50, Appendix N) in EPA’s**  **Air Quality System (AQS) that are quality-assured a nd have been certified early. All three sites**  **meet the annual NAAQS for the 3-year period 2007-20 09 as shown in Table 1 below.** 

Table 1. PM 2.5 Site-Level Design Value Summary, 2007-2009.

County Monitoring

Site Annual

Design Value,
2007-
2009 Annual

Design

Value
Status Annual

Mean, 2007 **(excluding**
**concurred flagged data)**  Annual

Mean, 2008 **(excluding**
**concurred flagged data)**  Annual

Mean, 2009 **(excluding**
**concurred flagged data)**  **Harris 482010024 1**  **12.1 Attaining 12.90997253 11.81852679**  **11.55552083 Harris 482010058 10.9 Attaining 10.98750000**  **10.85063725 10.91229167**  **Harris 482011035 14.1 Attaining 15.63902393 14.01991669**  **12.59779579**

**1 Note that monitoring site 482010024 was originally**  **deemed incomplete because it has a required sampli ng**  **frequency of 1-in-3 days in AQS. Per the reporting pattern, notations in the approved annual Texas ne**  **twork monitoring plans, and conversations with EPA Region**  **6, the required sampling frequency should be 1-in- 6 days.**  **With the 1-in-6 day schedule applied, the site meet s the base 75% data capture minimum for each of the**  **12 quarters in the 2007-2009 time period.**
[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Notices]
[Page 62766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26930]


=======================================================================
-----------------------------------------------------------------------

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 00-126]


NASA Advisory Council (NAC), Aero-Space Technology Advisory 
Committee (ASTAC); Meeting

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of meeting.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. L. 
92-463, as amended, the National Aeronautics and Space Administration 
announces a forthcoming meeting of the NASA Advisory Council, Aero-
Space Technology Advisory Committee.

DATES: Tuesday, November 28, 2000, 8:30 a.m. to 5:00 p.m.; and 
Wednesday, November 29, 2000, 8 a.m. to 12:00 Noon.

ADDRESSES: National Aeronautics and Space Administration Room 6H46, 300 
E Street, SW., Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT: Ms. Mary-Ellen McGrath, Office of 
Aerospace Technology, National Aeronautics and Space Administration, 
Washington, DC 20546 (202/358-4729).

SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to 
the seating capacity of the room. The agenda for the meeting is as 
follows:

--Status of Aerospace Technology Programs
--Small Aircraft Transportation System (SATs) Report
--Status of Icing Workshop
--2nd, 3rd, and 4th Generation Reusable Launch Vehicles (RLVs)
--Government Performance Results Act (GPRA) Briefings
--Research Test Pilot Issues and Concerns
--Subcommittee Reports

    It is imperative that the meeting be held on these dates to 
accommodate the scheduling priorities of the key participants.

    Dated: October 16, 2000.
Beth M. McCormick,
Advisory Committee Management Officer, National Aeronautics and Space 
Administration.
[FR Doc. 00-26930 Filed 10-18-00; 8:45 am]
BILLING CODE 7510-01-P
EXHIBIT 99.8



CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO

RULE 15D-14B AND SECTION 1350 OF CHAPTER 63 OF

TITLE 18 OF THE UNITED STATES CODE



Pursuant to 18 U.S.C. Section 1350, the undersigned, Cameron R. Sebastian, Chief Executive Officer of Paramount Energy Operating Corp. in its capacity as Administrator of Paramount Energy Trust (the "Trust"), hereby certifies, to his knowledge, that the Trusts annual report on Form 40-F for the year ended December 31, 2005 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust as of and for the periods presented.



March 21, 2006

Calgary Alberta

Per:

signed

Cameron R. Sebastian

Vice-President, Finance and

Chief Financial Officer

Paramount Energy Operating Corp.

in its capacity as Administrator of Paramount Energy Trust
1

The Honorable Donald J. Stohr, United States District Judge

for the Eastern District of Missouri.

___________

No. 96-1352

___________

Jimmie Don Kitterman, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

United States of America, *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: August 7, 1996

 Filed: August 20, 1996 ___________

Before BOWMAN, MAGILL, and LOKEN, Circuit Judges. ___________

PER CURIAM.

Kitterman pleaded guilty to various drug charges, and the

District Court1 sentenced him to 122 months imprisonment. On

direct appeal, this Court affirmed. United States v. Kitterman,

16 F.3d 1229 (8th Cir. 1994) (per curiam) (table). Kitterman then

filed this 28 U.S.C. § 2255 (1994) motion, asserting, among other

things, a double-jeopardy claim, various ineffective-assistance

claims, and claims concerning the enhancement of his sentence

pursuant to 21 U.S.C. § 841(b)(1)(B) (ten-year mandatory minimum

for multiple drug-offense convictions). The District Court denied

Kitterman's § 2255 motion without an evidentiary hearing, and

Kitterman appeals.

We believe the District Court properly denied Kitterman's

section 2255 motion without an evidentiary hearing, because after

de novo review, we conclude the motion and the files and records of
-2-

the case conclusively show Kitterman was not entitled to relief.

See Holloway v. United States, 960 F.2d 1348, 1351 (8th Cir. 1992)

(standard of review).

Kitterman's double-jeopardy arguments are foreclosed for the

reasons set forth in United States v. Ursery, 116 S. Ct. 2135,

2148-49 (U.S. 1996) (holding civil forfeitures under 21 U.S.C.

§ 881 (a)(6) and (7) are neither "punishment" nor criminal for

purposes of Double Jeopardy Clause), and United States v. One 1970

36.9' Columbia Sailing Boat, No. 95-3158, 1996 WL 403038, at *3-4

(8th Cir. July 19, 1996) (holding Ursery applies to forfeitures

under § 881(a)(4)). We agree with the District Court that

Kitterman procedurally defaulted his mandatory-minimum-sentence

claims. See Ramey v. United States, 8 F.3d 1313, 1314 (8th Cir.

1993) (per curiam) (§ 2255 relief not available to correct errors

that could have been raised at sentencing or on direct appeal,

absent showing of cause and prejudice or actual innocence). We

need not consider Kitterman's argument that his attorney was

ineffective for not raising the mandatory-minimum-sentence claims

on direct appeal, because Kitterman did not make this argument

below. See Thomas v. United States, 27 F.3d 321, 325 (8th Cir.

1994). Finally, we conclude Kitterman abandoned the other claims

he raised below, because he did not address them in his opening

appellate brief. See Fed. R. App. P. 28(a).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SEC FORM
10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               JUL-31-1997
<CASH>                                          13,581
<SECURITIES>                                         0
<RECEIVABLES>                                  245,742
<ALLOWANCES>                                    (2,434)
<INVENTORY>                                    732,522
<CURRENT-ASSETS>                               989,411
<PP&E>                                         288,867
<DEPRECIATION>                                (152,206)
<TOTAL-ASSETS>                               1,176,580
<CURRENT-LIABILITIES>                          279,525
<BONDS>                                        378,997
<COMMON>                                       166,454
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     326,776
<TOTAL-LIABILITY-AND-EQUITY>                 1,176,580
<SALES>                                        675,321
<TOTAL-REVENUES>                               675,321
<CGS>                                          583,026
<TOTAL-COSTS>                                  583,026
<OTHER-EXPENSES>                                64,676
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,429
<INCOME-PRETAX>                                 27,619
<INCOME-TAX>                                     9,205
<INCOME-CONTINUING>                             18,110
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    18,110
<EPS-PRIMARY>                                      .55
<EPS-DILUTED>                                      .55
        




</TABLE>
Exhibit 32.1

Certification 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)

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), I, Timothy J. Casey, President and Chief Executive Officer of K-Sea General Partner GP LLC, as general partner of
K-Sea General Partner L.P., the general partner of K-Sea Transportation Partners L.P. (the "Partnership"), hereby certify, to the best of my knowledge,
that:



Dated: September 15, 2008

/s/TIMOTHY J. CASEYName:

Timothy J. CaseyTitle:

President and Chief Executive Officer


---



QuickLinks
Sixth Amendment of the Sky Financial Group Profit Sharing, 401(K) and ESOP



 Exhibit 10.31 
  
 SIXTH
AMENDMENT 
 OF THE 
 SKY FINANCIAL GROUP, INC. PROFIT SHARING,
401(K) AND ESOP PLAN 
 (As Amended and Restated Effective January 1, 2004)

  
 WHEREAS, Sky Financial Group, Inc. (the “Company”) maintains the Sky Financial Group, Inc. Profit Sharing, 401(k) and ESOP Plan (the “Plan”); and 
  
 WHEREAS,
the Company has delegated authority to amend the Plan to the Sky Financial Group, Inc. Benefit Plans Committee (the “Committee”), and the Committee has determined that amendment of the Plan is necessary and desirable. 
  
 NOW,
THEREFORE, pursuant to the power reserved to the Company by Section 10.01 of the Plan, and by virtue of the authority delegated to the Committee, the Plan, as previously amended, is hereby further
amended, effective as of January 1, 2005, by substituting the following for Section 1.36(g) of the Plan, in its entirety: 
  
 “(g) Effective for Plan Years beginning on and after January 1, 2005, all hours, years and/or other periods of
service that an Employee had with an Acquired Employer shall be credited toward Years of Service under the terms and conditions of this Section solely for purposes of determining the Employee’s nonforfeitable interest in his or her Accounts
under Section 5.03.” 
  
 *        *        * 
  
 IN WITNESS WHEREOF, on behalf of the Committee, the
undersigned Committee member has executed this amendment this 13th day of October 2005. 
  

			
	 SKY FINANCIAL GROUP, INC.

	 BENEFIT PLANS COMMITTEE

		
	 By:
	 	 /s/ Thomas A. Sciorilli


	 Its:
	 	 Chief Human Resources Officer
EXHIBIT 23.1

To The Board of DirectorsNavstar
 Media Holdings, Inc. and Subsidiaries

Consent of Independent
Registered Public Accounting FirmNavstar Media Holdings, Inc. and SubsidiariesAudited
 Financial Statements December 31, 2005

We consent to the incorporation in the Annual Report of Navstar Media Holdings,
Inc. on Form 10-KSB/A of our report dated April 12, 2006 on our audit of the
consolidated financial statements of Navstar Media Holdings, Inc. and
Subsidiaries as of December 31, 2005 and for the year then ended, which our
report is incorporated in the Form 10-KSB/A.

/s/ Moore Stephens Wurth
Frazer and Torbet, LLPMoore Stephens Wurth Frazer and Torbet, LLP Walnut, California
June 2, 2006

---
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 Navstar Media
Holding, Inc.s Annual Report on Form 10-KSB/A for the fiscal year ended December 31,
2005 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Don B. Lee, Chief Executive 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, to the best of 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 results of operations of the Company.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------

/s/ Don Lee Don B. Lee 

Chief Executive Officer       
(Principal Executive Officer) 
Date:  June 6, 2006

---
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2712 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2712

To provide certain requirements for the licensing of commercial nuclear 
                              facilities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2013

 Mrs. Lowey (for herself and Mr. Engel) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide certain requirements for the licensing of commercial nuclear 
                              facilities.

    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 ``Nuclear Power Licensing Reform Act 
of 2013''.

SEC. 2. AMENDMENTS.

    Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is 
amended--
            (1) in subsection b., by inserting ``, including that the 
        facility does not pose an unreasonable threat to persons or the 
        environment because of safety or security vulnerabilities 
        (including vulnerability to terrorist attacks), and that there 
        exist adequate evacuation plans for emergency events and that 
        those plans have been approved by the relevant Federal agencies 
        and States within 50 miles of the facility'' after ``by rule 
        establish''; and
            (2) in subsection c., by adding at the end the following: 
        ``Any such renewal shall be subject to the same criteria and 
        requirements that would be applicable for an original 
        application for initial construction, and the Commission shall 
        ensure that any changes in the size or distribution of the 
        surrounding population, or seismic or other scientific data not 
        available at time of original licensing, have not resulted in 
        the facility being located at a site at which a new facility 
        would not be allowed to be built.''.
                                 <all>
```
EXHIBIT 32.2

                        CERTIFICATE OF VP AND CONTROLLER

      I, Rick Hubbs, Vice President and Controller of Mountain National
Bancshares, Inc. (the "Registrant"), do hereby 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:

(3)   the annual report on Form 10-KSB of the Registrant, to which this
      certificate 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(a)); and

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


Dated: March 30, 2004                    /s/ Rick Hubbs
                                         ---------------------------------------
                                         Rick Hubbs, VP and Controller
                                         [Equivalent of Chief Financial Officer]