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NOT FOR PUBLICATION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.

CR ISOFORO FIDEL MEJIA

- PEDRAZA, a.k.a. Crisoforo Fidel Pedraza, a.k.a. Javier Mejia

- Pedazo,

Defendant

- Appellant. No s

. 18

- 10064 18

- 10065

D.C. No s

. 4:17

- cr

- 01203

- JGZ

4:17

- cr

- 50161

- JGZ

MEMORANDUM *

Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding

Submitted November 27, 2018 **

Before: CANBY, TASHIMA, and FRIEDLAND, Circuit Judges.

In these consolidated appeals

, Crisoforo Fidel Mejia

- Pedraza appeals his

guilty

- plea conviction and 37

- month sentence for reentry of a removed alien, in

vi olation of 8 U.S.C. § 1326, and the revocation of supervised release and 6

- month

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

- 3.

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

# FILED

DEC 3 2018

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 18

- 10064 & 18

- 10065

partially concurrent sentence imposed upon revocation. Pursuant to Anders v.

California , 386 U.S. 738 (1967), Mejia

- Pedraza’s counsel has filed a brief stating

that there are no grounds for relief, along with a motion to withdraw as counsel of

record. Mejia

- Pedraza has filed a “motion,” which we treat as a pro se

supplemental brief and motion for appointment of new counsel. No 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 in these direct appeals.

Counsel’s motion to withdraw is GRANTED. Mejia

- Pedraza’s pro se

motion for appointment of new counsel is DENIED.

AFFIRMED.
Exhibit 32.2:

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 Hudson Technologies, Inc. (the "Company") on Form 10-QSB for the period ended March 31, 2007 as filed with the Securities and Exchange Commission (the "Report"), I, James R. Buscemi, as Chief Financial 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:



|(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.







|s/ James R. Buscemi    
|-----------------------
|James R. Buscemi       
|Chief Financial Officer
|                       
|May 8, 2007
#### F. J. Will, Appellant, v. J. W. Marker.

Bills and Notes: avoidance oe limitation: evidence. To avoid the limitation of a note the writing need not expressly admit that the debt is unpaid, but is sufficient if it clearly and- unequivocally refers to the instrument in suit. Evidence held to take the note out of the bar of the statute.

*Appeal from Linn District Court.*— HoN. H. M. Remxey, Judge.

Saturday, February 6, 1904.

Suit on a promissory note executed and due in 1884. A demurrer to the petition was sustained, and a judgment rendered for the defendant. The plaintiff appeals. — ■

REVERSED.

*628
      *L. P. Main*for appellant.

No appearance for appellee.

ShbbwiN, J.

To avoid tbe bar of tbe statute of limitations, tbe plaintiff pleaded certain letters, wbicb were alleged to bave been written by tbe defendant concerning tbe note in suit. Tbe demurrer, of course, admitted the truth of all matters well pleaded. TJnder our statute causes of action founded on contract are revived by an admission in writing, signed by tbe party to be charged, that tbe debt is unpaid. It is not necessary, however, that this admission be an express one; it is enough if tbe writing clearly and unequivocally refers to tbe instrument in suit, and clearly admits that it is not paid. In this case several letters, written b¡y tbe defendant, regarding tbe note in suit, are set out, and we cannot do more than give excerpts therefrom. In one of tbe letters be wrote that he bad supposed tbe note paid by bis brother, and asks tbe plaintiff to reduce tbe amount of interest thereon as much as possible, and to do tbe best be can for him. In another be wrote that be could borrow $100, and asked tbe píaintiff to accept that sum in full, and stated, “I want to get it off my hands now.” In a letter written to tbe attorney who bad tbe note for collection he said that be could not pay the note, and that, if a judgment would satisfy tbe attorney, he could take it; but be asked that be.be spared tbe humiliation of being sued.’ Considering tbe letters as a whole, they clearly admit that tbe note was unpaid. *Campbell v. Campbell,*118 Iowa, 131; *Jenckes v. Rice,*119 Iowa, 451; *McConaughy v. Wilsey,*115 Iowa, 589.

Tbe judgment is eeveesed.
STATE OF DELAWARE
                                                    SECRETARY OF STATE
                                                    DIVISION OF CORPORATIONS
                                                    FILED 09:00 AM 6/18/1999
                                                    991250459-2300523


                    CERTIFICATE OF AMENDMENT
                                OF
                   CERTIFICATE OF INCORPORATION
                               OF
                         MICROPOINT, INC.

     Micropoint, Inc., a Corporation organized and existing under and by
virtue of the General Corporation Law of the State of Delaware,

     DOES HEREBY CERTIFY:

     FIRST:  That at a meeting of the Board of Directors of Micropoint, Inc.,
resolutions were duly adopted setting forth a proposed amendment of the
Certificate of Incorporation of said Corporation, declaring said amendment to
be advisable and calling a meeting of the stockholders of said Corporation for
consideration thereof. The resolution setting forth the proposed amendment is
as follows:

          RESOLVED, that the Certificate of Incorporation of this Corporation
     be amended by changing the Article thereof numbered "FIRST" so that, as
     amended said Article shall be and read as follows:

     "FIRST: The name of the corporation is Flexpoint Sensor Systems, Inc."


      SECOND That thereafter, pursuant to resolution of it's Board of
      Directors, the annual meeting of the stockholders of said Corporation
      was  duly called and held, upon notice in accordance with Section 222 of
      the General Corporation law of the state of Delaware at which meeting
      the necessary number of shares as required by statute were voted in
      favor of the amendment.

      THIRD:   That said amendment was duly adopted in accordance with the
      provisions of Section 242 of the General Corporation Law of the State of
      Delaware.

      IN WITNESS WHEREOF, said Corporation has caused this certificate to be
signed by Douglas M. Odom, it's authorised officer, this 16th day of June,
1999.

                                   MICROPINT, INC.


                                   /s/ Douglas Odom
                                   ______________________________
                                   Douglas M. Odom, President

Micropoint, Inc
Certificate of Amendment.
06/14/99
UNITED STATES
                          SECURITIES AND EXCHANGE COMMISSION
                               Washington, D.C.  20549
                                                          

                                     FORM 10-Q/A
                                      (Mark One)

[  X  ]   QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES 
          EXCHANGE ACT OF 1934

     For the quarterly period ended September 30, 1996

                                          OR

[      ]  TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES 
          EXCHANGE ACT OF 1934

     For the transition period from                           to               

                             Commission File No. 1-13264

                              TRIGEN ENERGY CORPORATION

                (Exact name of Registrant as specified in its charter)

       Delaware                                            13-3378939
(State or other jurisdiction of                            (I.R.S. Employer
incorporation or organization)                           Identification Number)

       One Water Street
          White Plains, New York                                       10601
(Address of principal executive offices)                             (Zip Code)
                                    (914) 286-6600
                 (Registrant's telephone number, including area code)

                                                          

     Indicate by check mark whether the Registrant (1) has filed all reports 
required to be filed by Section 13 or 15(d) of the Securities Exchange Act
of 1934 during the preceding 12 months (or for such shorter period that the 
Registrant was required to file such reports), and (2) has been subject to such
filing requirements for the past 90 days.

                              Yes   X          No       

       There were 11,958,714 shares of the Registrant's Common Stock outstanding
as of November 14, 1996.


<PAGE>
SIGNATURE

          Pursuant to the requirements of the Securities Exchange Act of 1934, 
the registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.


                                   TRIGEN ENERGY CORPORATION






                                   /s/  David H. Kelly
                                        David H. Kelly
                                        Chief Financial Officer


                                   /s/  Daniel J. Samela              
                                        Daniel J. Samela
                                        Controller



Date:     November 14, 1996
##### 



(CABLETEL COMMUNICATIONS CORP. LETTERHEAD)

Exhibit A-1

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

I, D. Gregory Walling, President and Chief Executive Officer of Cabletel
Communications Corp. (the Registrant), certifies that to the best of my
knowledge, based upon a review of the Quarterly Report on Form 10-Q for the
period ended March 31, 2003 of the Registrant (the Report):

(1)  The Report fully complies with the requirements of Section 13(a) 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
Registrant.

/s/ D. Gregory Walling

Name: D. Gregory Walling
Date: May 9, 2003


43
EXHIBIT 10.12

                 LETTER AGREEMENT DATED MARCH 14, 2003 AMENDING
         TERMINATION AGREEMENT WITH FAIRCHILD INTERNATIONAL CORPORATION





<PAGE>




                       FAIRCHILD INTERNATIONAL CORPORATION
                          595 Hornby Street, Suite 603
                       Vancouver, British Columbia V6C 1A4


March 14, 2003

PRAXIS PHARMACEUTICALS INC.
#600, 595 Hornby Street
Vancouver, BC V6C 1A4

Gentlemen:


This letter outlines our agreement pertaining to the Termination of License And
Research & Development Agreement dated February 28, 2001 (the "Termination
Agreement"), the amendment to the Termination Agreement dated January 15, 2002
(the "First Amendment") and the amendment to the Termination Agreement dated May
28, 2002 (the "Second Amendment").

As set out in the Termination Agreement, Fairchild and Praxis agreed that Praxis
would retain those common shares of Fairchild issued to Praxis under the terms
of the original license agreement, and that Praxis would pay to Fairchild 30% of
Net Revenues from sales of the agents in the arthritis and topical treatment of
dermal wrinkles to a maximum of $250,000 over the first three years of sales
(the "Royal Obligation").

FIRST AMENDMENT TO TERMINATION AGREEMENT

In the First Amendment, Fairchild and Praxis agreed that (1) Praxis would place
its Fairchild shares (the "Shares") in a voluntary pooling arrangement whereby
an amount equal to 1% of the total number of Fairchild's outstanding shares
would be released every three months to Praxis, and (2) so long as Praxis paid
Fairchild 66.6% of the proceeds from the sale of the Shares until US$175,000 had
been paid, Fairchild would deem that payment be in full and complete
satisfaction of the Royalty Obligation described above.

SECOND AMENDMENT TO TERMINATION AGREEMENT

In the Second Amendment, Fairchild and Praxis agreed that (1) the Shares need
not be placed in a voluntary pooling arrangement; (2) Praxis would comply with
all of the requirements for resale of the Shares under Rule 144 of the United
States Securities Act of 1933; and (3) so long as Praxis has paid Fairchild a
total of US$175,000 by May 31, 2003, such payment shall be deemed to be in full
and complete satisfaction of the Royalty Obligation described above.

<PAGE>
                                      -2-


THIRD AMENDMENT TO TERMINATION AGREEMENT

Fairchild and Praxis now further amend the Termination Agreement, the First
Amendment and the Second Amendment to provide that the date for payment of a
total of US$175,000 by May 31, 2003 be extended until on or before May 31, 2004
(the "Third Amendment"). All other terms of the Termination Agreement, the First
Amendment and the Second Amendment remain in full force and effect.

Please sign below to indicate your agreement and acceptance of this Third
Amendment.

FAIRCHILD INTERNATIONAL CORPORATION


By:      /s/ BYRON COX
   --------------------------------------
           Authorized Signatory


Agreed to and accepted this 14th day of March, 2003.
PRAXIS PHARMACEUTICALS INC.


By:      /s/ DAVID STADNYK
   ---------------------------------------
            Authorized Signatory
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1998
<PERIOD-START>                             MAR-06-1997             JAN-01-1998
<PERIOD-END>                               DEC-31-1997             DEC-31-1998
<CASH>                                          11,362                 146,172
<SECURITIES>                                         0                  23,612
<RECEIVABLES>                                        0                   4,173
<ALLOWANCES>                                         0                   1,071
<INVENTORY>                                          0                   1,433
<CURRENT-ASSETS>                                 1,418                 312,516
<PP&E>                                             473                 198,953
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                  13,253                 686,859
<CURRENT-LIABILITIES>                           17,214                 210,880
<BONDS>                                              0                 300,000
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                       0
<OTHER-SE>                                     (3,961)                (75,979)
<TOTAL-LIABILITY-AND-EQUITY>                    13,253                 686,859
<SALES>                                              0                     755
<TOTAL-REVENUES>                                     0                  16,578
<CGS>                                                0                   1,699
<TOTAL-COSTS>                                        0                   5,997
<OTHER-EXPENSES>                                 2,741                  29,981
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               1,228                  30,391
<INCOME-PRETAX>                                      8                  10,635
<INCOME-TAX>                                         0                   7,536
<INCOME-CONTINUING>                            (3,961)                (31,620)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (3,961)                (31,620)
<EPS-PRIMARY>                                     0.00                    0.00
<EPS-DILUTED>                                     0.00                    0.00
        

</TABLE>
II

106TH CONGRESS

1ST SESSION S. 519

To direct the Secretary of the Interior to make corrections to a map relating

to the Coastal Barrier Resources System.

IN THE SENATE OF THE UNITED STATES

MARCH 3, 1999

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

to the Committee on Energy and Natural Resources

A BILL

To direct the Secretary of the Interior to make corrections

to a map relating to the Coastal Barrier Resources System.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CORRECTIONS TO MAP.

4 (a) IN GENERAL.—Not later than 30 days after the

5 date of enactment of this Act, the Secretary of the Interior

6 shall make such corrections to the map described in sub7 section (b) as are necessary to move on that map the

8 boundary of the otherwise protected area (as defined in

9 section 12 of the Coastal Barrier Improvement Act of

10 1990 (16 U.S.C. 3503 note; Public Law 101–591)) to the
2

•S 519 IS

1 Cape Henlopen State Park boundary to the extent

2 necessary—

3 (1) to exclude from the otherwise protected area

4 the adjacent property leased, as of the date of enact5 ment of this Act, by the Barcroft Company and

6 Cape Shores Associates (which are privately held

7 corporations under the law of the State of Dela8 ware); and

9 (2) to include in the otherwise protected area

10 the northwestern corner of Cape Henlopen State

11 Park seaward of the Lewes and Rehoboth Canal.

12 (b) MAP DESCRIBED.—The map described in this

13 subsection is the map that is included in a set of maps

14 entitled ‘‘Coastal Barrier Resources System’’, dated Octo15 ber 24, 1990, as revised October 15, 1992, and that re16 lates to the unit of the Coastal Barrier Resources System

17 entitled ‘‘Cape Henlopen Unit DE–03P’’.

Æ
<PAGE>

                                                                     Exhibit 4.1



                             CERTIFICATE OF TRUST OF
                     Chase Manhattan Auto Owner Trust 2001-B

     This Certificate of Trust of Chase Manhattan Auto Owner Trust 2001-B (the
"Trust"), dated as of October 5, 2001 is being duly executed and filed by
WILMINGTON TRUST COMPANY, a Delaware banking corporation, as trustee, to form a
business trust under the Delaware Business Trust Act (12 Del. C.ss.3801 et
seq.).

     1. Name. The name of the business trust formed hereby is Chase Manhattan
Auto Owner Trust 2001-B.

     2. Delaware Trustee. The name and business address of the trustee of the
Trust in the State of Delaware is WILMINGTON TRUST COMPANY, Rodney Square North,
1100 North Market Square, Wilmington, Delaware 19890-0001, Attn: Corporate Trust
Administration.

     3. This Certificate of Trust shall be effective as of the date filed.

     IN WITNESS WHEREOF, the undersigned, being the sole trustee of the Trust,
has executed this Certificate of Trust as of the date first above written.

                                       WILMINGTON TRUST COMPANY, not
                                       in its individual capacity but solely as
                                       trustee of the Trust


                                       By:  /s/ Donald G. MacKelcan
                                            -------------------------------
                                            Name:  Donald G. MacKelcan
                                            Title:  Vice President
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS RESTATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BANC CORPORATION FOR THE YEAR ENDED DECEMBER 31, 1998
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          31,307
<INT-BEARING-DEPOSITS>                           1,048
<FED-FUNDS-SOLD>                                25,045
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     91,482
<INVESTMENTS-CARRYING>                           6,728
<INVESTMENTS-MARKET>                             6,775
<LOANS>                                        431,931
<ALLOWANCE>                                      6,466
<TOTAL-ASSETS>                                 630,089
<DEPOSITS>                                     531,070
<SHORT-TERM>                                     3,700
<LIABILITIES-OTHER>                              6,192
<LONG-TERM>                                     23,160
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      65,953
<TOTAL-LIABILITIES-AND-EQUITY>                 630,089
<INTEREST-LOAN>                                 34,310
<INTEREST-INVEST>                                6,670
<INTEREST-OTHER>                                 1,492
<INTEREST-TOTAL>                                42,472
<INTEREST-DEPOSIT>                              19,616
<INTEREST-EXPENSE>                              20,206
<INTEREST-INCOME-NET>                           22,266
<LOAN-LOSSES>                                    4,657
<SECURITIES-GAINS>                                 279
<EXPENSE-OTHER>                                 22,129
<INCOME-PRETAX>                                   (439)
<INCOME-PRE-EXTRAORDINARY>                        (439)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       285
<EPS-BASIC>                                       0.02
<EPS-DILUTED>                                     0.02
<YIELD-ACTUAL>                                    4.63
<LOANS-NON>                                      1,496
<LOANS-PAST>                                     2,243
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 3,741
<CHARGE-OFFS>                                    2,906
<RECOVERIES>                                       606
<ALLOWANCE-CLOSE>                                6,466
<ALLOWANCE-DOMESTIC>                             6,466
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>