alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

JOHN KEVIN MOORE, AKA Kevin
Moore,

Defendant

- Appellant. No. 20

- 30273

D.C. Nos.

4:17

- cr

- 00042

- BMM

- 1

4:17

- cr

- 00042

- BMM

MEMORANDUM *

Appeal from the United States District Court

for the District of Montana Brian M. Morris, District Judge, Presiding

Submitted August 1 9 , 2021 * *
San Francisco, California

Before: McKEOWN and PAEZ, Circuit Judges, and HUCK, ** * District Judge.

On a prior appeal, among other things, we affirmed the district court’s

application of a sentencing enhancement for obstruction, reversed the district

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

*** The Honorable Paul C. Huck, United States District Judge for the U.S. District Court for Southern Florida, sitting by designat ion. 

# FILED

AUG 23 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2

court’s application of a sentencing enha ncement for abuse of trust, and remanded

for resentencing. The district court imposed a new sentence after remand, and

John Kevin Moore again appeals the district court ’s application of a sentencing

enhancement for obstruction

. We have jurisdiction under 28 U.S.C. § 1291 , and

we affirm.

The district court previously found that Moore falsely testified, that his false

statement was willful, and that it was material. See United States v. Castro

- Ponce

,

770 F.3d 819, 822 (9th Cir. 2014) (“ For perjury to be deemed obstruction, the

district court must find that: (1) the defendant gave false testimony, (2) on a

material matter, (3) with willful intent. ” (internal quotation marks omitted) ). We

affirmed.

On remand, the district court properly declined to reconsider the U.S.S.G.

§ 3C1.1 obstruction enhancement based on the law of the case doctrine

. See

Gonzalez v. Arizona , 677 F.3d 383, 389 n.4 (9th Cir. 2012) (en banc) (“Under the

law of the case doctrine, a court will generally refuse to reconsider an is sue that

has already been decided by the same court or a higher court in the same case.”).

Moore contends that at trial he did not make the false statement, such that our

opinion was clearly erroneous and supports an exception to the law of the case

doctr ine. See id. (“ We have recognized exceptions to the law of the case

doctrine

. . . where (1) the decision is clearly erroneous and its enforcement would3

work a manifest injustice, (2) intervening controlling authority makes

reconsideration appropriate, or (3) substantially different evidence was adduced at

a subsequent trial.” (internal quotation marks omitted)). We disagree. We

previously concluded that the record supported the enhancement, and no exception

to the law of the case doctrine is applicable

.

AFFIRMED.
##### 



EXHIBIT 32.2 Statement of Chief Financial Officer
Pursuant to Section 1350 of Title 18 of the United States Code Pursuant to Section 1350 of Title 18 of the United States Code, I, Mark W. Simon, Senior Vice
President, Chief Financial Officer and Corporate Secretary of Penn Engineering & Manufacturing
Corp. (the Company), hereby certify that, to the best of my knowledge:  1.
    The Companys Form 10-K Annual Report for the period ended December 31, 2004
(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. Date: March 16, 2005
    
    /s/ Mark W. SimonMark W. Simon, Senior Vice President,Chief Financial Officer and CorporateSecretary
**Exhibit 10.8****AMENDMENT TO CONFIRMATION**     THIS AMENDMENT TO CONFIRMATION (this “Amendment”) is made as of this 29th day of June 2007,between Parker Drilling Company (“Issuer”) and Deutsche Bank AG, London Branch (“Deutsche”).     WHEREAS, Deutsche and Issuer are parties to a Confirmation dated as of June 28, 2007 (the“Confirmation”) relating to Warrants on shares of Issuer;     WHEREAS, the parties wish to amend the Confirmation on the terms and conditions set forth inthis Amendment;     NOW, THEREFORE, in consideration of their mutual covenants herein contained and for other goodand valuable consideration, the receipt and sufficiency of which is hereby acknowledged, theparties hereto hereby agree as follows:     Section 1. Terms Used but Not Defined Herein. Capitalized terms used but not defined hereinshall have the respective meanings given to them in the Confirmation.     Section 2. Amendments to the Confirmation. The Confirmation is, effective as of the datehereof, hereby amended as follows:(a) The “Premium” under the Confirmation shall be USD $6,075,000.00. For the avoidanceof doubt, the Premium per Warrant set forth in the Confirmation shall remain unchanged.(b) The “Number of Warrants” under Annex A of the Confirmation shall be 30,092 for Components 1through 89 and 30,127 for Component 90.     Section 3. Representations and Warranties. Issuer represents and warrants to Deutsche that the representations and warranties of Issuer set forth in Section 3 of the Agreement and Section 7of the Confirmation are true and correct and are hereby deemed to be repeated to Deutsche as if setforth herein.     Section 4. Effectiveness. This Amendment shall become effective upon execution by theparties hereto.     Section 5. Counterparts. This Amendment may be signed in any number of counterparts, each ofwhich shall be an original, with the same effect as if all of the signatures thereto and heretowere upon the same instrument.     Section 6. Governing Law. This Amendment shall be governed by and construed in accordancewith the laws of the State of New York.     Section 7. Effectiveness of Confirmation. Except as amended hereby, all the terms of theConfirmation shall remain and continue in full force and effect and are hereby confirmed in allrespects.
1

 
**Exhibit 10.8**Issuer hereby agrees to check this Amendment and to confirm that the foregoing correctly sets forththe terms of the Transaction by signing in the space provided below and returning to Deutsche afacsimile of the fully-executed Amendment to Deutsche at 44 113 336 2009. Originals shall beprovided for your execution upon your request.We are very pleased to have executed the Transaction with you and we look forward to completingother transactions with you in the near future.      Very truly yours,
Exhibit 21.1
 State, ProvinceOr Country ofName
    
    IncorporationAjax Tocco de Mexico S.A. de C.V.
    
    MexicoAjax Tocco International Limited
    
    BirminghamEnglandAjax Tocco Magnethermic Canada Limited
    
    OntarioAjax Tocco Magnethermic Corporation (6)
    
    OhioAjax Tocco Magnethermic GmbH
    
    OhioAjax Tocco Magnethermic Poland Spolka Z Oyranicgona Odpowiedgeshnoscea
    
    PolandBallybeg
Finance Company of Dublin Limited
    
    IrelandControl Transformer, Inc.
    
    OhioFECO, Inc.
    
    IllinoisFoundry Service GmbH
    
    GermanyGeneral Aluminum Mfg. Company
    
    OhioILS Technology, LLC
    
    OhioIntegrated Holding Company
    
    OhioIntegrated Logistics Holding Company
    
    OhioIntegrated Logistics Solutions, Inc.
    
    OhioJapan Ajax Magnethermic Co. Ltd.
    
    JapanNABS Supply Technologies S. De R.L. De CV
    
    MexicoPark-Ohio Forged & Machined Products LLC (5)
    
    OhioPark-Ohio Industries, Inc. (1)
    
    OhioPark-Ohio Industries (Shanghai) Co. Ltd.
    
    ChinaPark-Ohio Products, Inc.
    
    OhioPharmaceutical Logistics, Inc.
    
    OhioPharmacy Wholesale Logistics, Inc.
    
    OhioPrecision Machining Connection LLC (2)
    
    OhioRB&W Corporation of Canada
    
    OntarioRB&W Manufacturing LLC (3)
    
    OhioSnow Dragon LLC
    
    OhioSouthwest Steel Processing LLC
    
    OhioSupply
Technologies International Trading (Shanghai) Co. Ltd.
    
    ChinaSupply Technologies Company of Canada
    
    Nova ScotiaSupply Technologies Limited
    
    Hong KongSupply Technologies Limited
    
    ScotlandSupply Technologies LLC
    
    OhioSupply Technologies (NABS Ireland) Limited
    
    IrelandSupply Technologies (NY), Inc.
    
    New YorkSupply Technologies Pte. Ltd.
    
    SingaporeSupply Technologies (U.K.) Limited
    
    BirminghamEnglandSupply Technologies Kft.
    
    HungarySupply Technologies(India) Private Limited
    
    IndiaSupply Technologies Company of Puetro Rico
    
    Puetro RicoThe Ajax Manufacturing Company (4)
    
    OhioTocco, Inc.
    
    AlabamaTW Manufacturing Co. (7)
    
    Ohio
 
 (1)
    
    Doing business as Park Drop Forge, Ohio Crankshaft and Park-Ohio Forged & Machined Products(2)
    
    Doing business as PMC Industries and M.P. Colinet(3)
    
    Doing business as Delo Screw Products, RB&W Manufacturing, and Sabina Mfg.(4)
    
    Doing business as Ajax Technologies and Forging Development(5)
    
    Doing business as Kropp Forge(6)
    
    Doing business as PMC-Colinet and PMC Industries(7)
    
    Doing business as  Production Pattern Company
Exhibit 32.2



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





In connection with the Annual Report of Consolidation Services, Inc.  (the Company) on Form 10-Q for the period ended June 30, 2012, as filed with the Securities and Exchange Commission on or about the date hereof (the Report), I, Richard S. Polep, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:



(1)  The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and



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





|                        |                                                            
|----------------------- | -----------------------------------------------------------
|Dated:  August 20, 2012 | /s/ Richard S. Polep                                       
|                        | By:  Richard S. Polep                                      
|                        | Its:  Chief Financial Officer (Principal Financial Officer)
Exhibit 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM







We consent to the incorporation by reference in the Registration Statement on Form S-8 (File No. 33-46711) of our reports datedAugust 23, 2007 relating to the consolidated financial statements and financial statement schedule of National Presto Industries, Inc., which report expresses an unqualified opinion and includes an explanatory paragraph related to the restatement described in Note R, and management's assessment of the effectiveness and the effectiveness of internal control over financial reporting, of which we have disclaimed an opinion, which appears on pages F.21 and 16 in this annual report on Form 10-K/A,  for the year ended December 31, 2005.





/s/ VIRCHOW, KRAUSE & COMPANY, LLP



Minneapolis, Minnesota

August 23, 2007



---
# Official Journal C 146A/11 M

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 146A |
| | |
| English edition | Information and Notices | Volume 6011 May 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 146A

English edition

Information and Notices

Volume 6011 May 2017

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2017/C 146 A/01 | Publication of a vacancy for the Executive Director of Clean Sky 2 Joint Undertaking (Clean Sky 2 JU), Brussels (Temporary agent grade AD 14) — COM/2017/20019 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2017/C 146 A/01

Publication of a vacancy for the Executive Director of Clean Sky 2 Joint Undertaking (Clean Sky 2 JU), Brussels (Temporary agent grade AD 14) — COM/2017/20019

1

---

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>

<ARTICLE>       5
<MULTIPLIER>     1000

<S>                           <C>
<PERIOD-TYPE>                 12-MOS
<FISCAL-YEAR-END>             DEC-31-1999
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<CASH>                          43
<SECURITIES>                     0
<RECEIVABLES>                 9150
<ALLOWANCES>                     0
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<CURRENT-ASSETS>              9193
<PP&E>                           0
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<CURRENT-LIABILITIES>           23
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<PREFERRED-MANDATORY>            0
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<COMMON>                      9145
<OTHER-SE>                      25
<TOTAL-LIABILITY-AND-EQUITY>  9193
<SALES>                        915
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<INCOME-CONTINUING>            832
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<NET-INCOME>                   832
<EPS-BASIC>                  .55
<EPS-DILUTED>                  .55


</TABLE>
#### JONES v. STATE.

No. 15033.

Court of Criminal Appeals of Texas.

Jan. 20, 1932.

Robert W. Dean, of Navasota, for appel- • lant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CALHOUN, J.

The offense is the possession of intoxicating liquor for the purpose of sale; the punishment, confinement in the penitentiary for one year.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.
# C_2015016EN.01002802.xml

| 19.1.2015 | EN | Official Journal of the European Union | C 16/28 |
| --- | --- | --- | --- |

19.1.2015

EN

Official Journal of the European Union

C 16/28

---

Judgment of the General Court of 27 November 2014 — Cantina Broglie 1 v OHIM — Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Ripassa ZENATO)

(Case T-154/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Ripassa ZENATO - Earlier national word mark RIPASSO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

(2015/C 016/46)

Language of the case: Italian

Parties

Applicant: Cantina Broglie 1 Srl (Peschiera del Garda, Italy) (represented by: A. Rizzoli, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Camera di Commercio, Industria, Artigianato e Agricoltura di Verona (Verona, Italy)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 December 2010 (Case R 700/2010–2) concerning opposition proceedings between the Camera di Commercio, Industria, Artigianato e Agricoltura di Verona and Zenato Azienda Vitivinicola Srl.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Cantina Broglie 1 Srl to pay the costs. |
| --- | --- |

2.

Orders Cantina Broglie 1 Srl to pay the costs.

---

(1)  OJ C 139, 7.5.2011.

---
I 

114TH CONGRESS 

1ST SESSION H. R. 3181 

To amend title 23, United States Code, to permit border States to designate 

certain funds for border infrastructure projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2015 

Mr. HURD of Texas (for himself, Mr. CUELLAR, and Mr. MCCAUL) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend title 23, United States Code, to permit border 

States to designate certain funds for border infrastructure projects, 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. BORDER INFRASTRUCTURE PROJECTS. 

4 Section 133 of title 23, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(i) BORDER STATES.— 

7 ‘‘(1) IN GENERAL.—After consultation with rel8 evant transportation planning organizations, the 

9 Governor of a State that shares a land border with 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•HR 3181 IH

1 Canada or Mexico may designate each fiscal year 

2 not more than 5 percent of funds made available to 

3 the State under subsection (d)(1)(B) for border in4 frastructure projects eligible under section 1303 of 

5 SAFETEA–LU (23 U.S.C. 101 note; Public Law 

6 109–59). 

7 ‘‘(2) USE OF FUNDS.—Funds designated under 

8 this subsection shall be available under the require9 ments of section 1303 of SAFETEA–LU (23 U.S.C. 

10 101 note; Public Law 109–59). 

11 ‘‘(3) CERTIFICATION.—Before making a des12 ignation under paragraph (1), the Governor shall 

13 certify that the designation is consistent with trans14 portation planning requirements under this title. 

15 ‘‘(4) NOTIFICATION.—Not later than 30 days 

16 after making a designation under paragraph (1), the 

17 Governor shall submit to the relevant transportation 

18 planning organizations within the border region a 

19 written notification of any suballocated or distrib20 uted amount of funds available for obligation by ju21 risdiction. 

22 ‘‘(5) LIMITATION.—This subsection applies only 

23 to funds apportioned to a State after the date of re24 authorization of the Moving Ahead for Progress in 

25 the 21st Century Act (Public Law 112–141). 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•HR 3181 IH

1 ‘‘(6) DEADLINE FOR DESIGNATION.—A des2 ignation under paragraph (1) shall— 

3 ‘‘(A) be submitted to the Secretary not 

4 later than 30 days before the beginning of the 

5 fiscal year for which the designation is being 

6 made; and 

7 ‘‘(B) remain in effect for the funds des8 ignated under paragraph (1) for a fiscal year 

9 until the Governor of the State notifies the Sec10 retary of the termination of such designation. 

11 ‘‘(7) TERMINATION OF DESIGNATION.—On the 

12 date of a termination under paragraph (6)(B), all 

13 remaining unobligated funds that had been des14 ignated under paragraph (1) for the fiscal year for 

15 which the designation is being terminated shall be 

16 made available to the State for the purposes under 

17 subsection (d)(1)(B).’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CYNTHIA GALLARDO

,

Appellant,

v.

MARIO GALLARDO

,

Appellee. §

§

§

§

§ No. 08

- 24

- 00149

- C V

Appeal from the

County Court at Law No. 5

of El Paso County, Texas

(TC# 2022DCM6562)

J U D G M E N T

The Court has considered this cause on the record and concludes the appeal should be

dismissed. We therefore dismiss the appeal. We further order Appellant to pay all costs of this

appeal and that this decision be certified below for observance.

IT IS SO ORDERED THIS 22 ND DAY OF JULY 2024.

GINA M. PALAFOX, Justice

Before Alley , C.J., Palafox and Soto, JJ.
**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 MAP VI Acquisition, Inc. (the “Company”)
      on Form 10-QSB for the period ended June 30, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, I. Steven Edelson,
      certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of
      the
      Sarbanes-Oxley Act of 2002, 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; and





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




August
                13, 2007
            
            /s/
                I. Steven EdelsonI.
                Steven Edelson
                Principal
                  Executive Officer
Order entered September 22, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00764-CV

IN RE STEVEN DAVIDSON, IN HIS CAPACITY AS TRUSTEE OF THE 

PETER DEMOORE TRUST, Relator

Original Proceeding from the Probate Court No. 2

Dallas County, Texas

Trial Court Cause No. PR-21-02976-2

ORDER

Before Justices Myers, Nowell, and Goldstein

Based on the Court’s opinion of today’s date, we DENY relator’s petition 

for writ of mandamus. We also LIFT the stay issued by this Court’s August 4, 

2022 Order.

/s/ ERIN A. NOWELL

JUSTICE
# Official Journal L 268/12 O

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 268 |
| | |
| English edition | Legislation | Volume 5012 October 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 268

English edition

Legislation

Volume 5012 October 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EC) No 1165/2007 of 3 September 2007 establishing for 2007 the ‘Prodcom list’ of industrial products provided for by Council Regulation (EEC) No 3924/91
   (1) | 1 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

*

Commission Regulation (EC) No 1165/2007 of 3 September 2007 establishing for 2007 the ‘Prodcom list’ of industrial products provided for by Council Regulation (EEC) No 3924/91
   (1)

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# C_2019390EN.01000101.xml

| 18.11.2019 | EN | Official Journal of the European Union | C 390/1 |
| --- | --- | --- | --- |

18.11.2019

EN

Official Journal of the European Union

C 390/1

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EUROPEAN PARLIAMENT

2018-2019 SESSION

Sittings of 16 to 19 April 2018

The Minutes of this session have been published in OJ C 450, 13.12.2018.

The texts adopted of 18 April 2018 concerning the discharge for the financial year 2016 have been published in OJ L 248, 3.10.2018.

TEXTS ADOPTED

---