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NOT FOR PUBLICATION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.

CHRISTOPHER ADIN GRAHAM,

Defendant

- Appellant. No. 20

- 30237

D.C. No. 3:12

- cr

- 00178

- MO

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Oregon

Michael W. Mosman, District Judge, Presiding

Submitted June 21, 2021 * *

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.

Christopher Adin Graham appeals from the district court’s order denying his

motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We have

jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.

After the district court’s decision denying relief and the parties’ briefing on

* 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). 

# FILED

JUN 24 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 30237

appeal , this court held that the current version of U.S.S.G. § 1B1.13 is not binding

as applied to § 3582(c)(1)(A) motions brought by prisoners. See United States v.

Aruda , 993 F.3d 797, 802 (9th Cir. 2 021) (“The Sentencing Commission’s

statements in U.S.S.G. § 1B1.13 may inform a district court’s discretion for

§ 3582(c)(1)(A) motions filed by a defendant, but they are not binding.”). Because

the district court provided no explanation for its decision to deny Graham’s

motion, we cannot determine whether it relied on U.S.S.G. § 1B1.13 in denying

relief. Therefore, we vacate and remand so that the district court can reassess

Graham’s motion for compassionate release under the standard set forth in Aruda

.

See id.

We offer no views as to the merits of Graham’s § 3582(c)(1)(A) motion, and

we need not reach his remaining arguments on appeal.

VACATED and REMANDED

.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS EXHIBIT CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS FOR THE PERIOD ENDED
APRIL 2, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS. THIS EXHIBIT SHALL NOT BE DEEMED FILED FOR PURPOSES OF SECTION 11 OF
THE SECURITIES ACT OF 1933 AND SECTION 18 OF THE SECURITIES EXCHANGE ACT OF
1934, OR OTHERWISE SUBJECT TO THE LIABILITY OF SUCH SECTIONS, NOR SHALL IT BE
DEEMED A PART OF ANY OTHER FILING WHICH INCORPORATES THIS REPORT BY REFERENCE,
UNLESS SUCH OTHER FILING EXPRESSLY INCORPORATES THIS EXHIBIT BY REFERENCE.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-02-1997
<PERIOD-END>                               APR-02-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           1,290
<SECURITIES>                                         0
<RECEIVABLES>                                    4,067
<ALLOWANCES>                                         0
<INVENTORY>                                      3,726
<CURRENT-ASSETS>                                13,536
<PP&E>                                          68,901
<DEPRECIATION>                                   2,266
<TOTAL-ASSETS>                                 173,755
<CURRENT-LIABILITIES>                           41,120
<BONDS>                                         95,708
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,340
<OTHER-SE>                                      20,248
<TOTAL-LIABILITY-AND-EQUITY>                   173,755
<SALES>                                         76,114
<TOTAL-REVENUES>                                76,114
<CGS>                                           20,613
<TOTAL-COSTS>                                   20,613
<OTHER-EXPENSES>                                49,644
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,203
<INCOME-PRETAX>                                  (981)
<INCOME-TAX>                                     (392)
<INCOME-CONTINUING>                              (589)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (589)
<EPS-PRIMARY>                                    (.04)
<EPS-DILUTED>                                    (.04)
        

</TABLE>
Exhibit 12.1





CERTIFICATION




I, Yair Fudim, certify that:





1.             I have reviewed this annual report on Form 20-F of R.V.B. Holdings Ltd.





2.             Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;





3.             Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;





4.             The company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company and have:





(a)     Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;





(b)    Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and





(c)     Disclosed in this report any change in the company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and





5.             The company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of company’s board of directors (or persons performing the equivalent function):





(a)     All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and





(b)     Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting.





Date:  April 28, 2014




/s/Yair Fudim

Name: Yair Fudim

Title: Chairman of the board of directors

(principal executive officer)
1

Tier 3 Rule Meeting Log

Includes meetings (face-to-face or conference call) between EPA personnel and non-federal government stakeholders following signature of 

the Tier 3 Notice of Proposed Rulemaking on March 30, 2013. (In addition to the meetings included in this log, separate memos on 

additional meetings have been docketed separately.)

Date: 04/24/2013 Location: NVFEL

EPA attendees:

Alan Stout, Connie Hart, Carl Fulper

Stakeholder attendees and affiliation:

Pam Graham, Inergy

Topics/issues/agenda:

Proposed leak test standard, test procedure, and interface with OBD.

Date: 5/8/13 Location: Webinar

EPA attendees: Paul Machiele, Kathryn 

Sargeant

Stakeholder attendees and affiliation:

HARTENERGY International Fuel Quality Center (IFQC)

Topics/issues/agenda:

HART presented an overview of the Tier 3 proposal and EPA staff answered questions from IFQC members related to the proposed 

program.

Date: 5/10/13 Location: Exxon

EPA attendees: Chris Grundler, Karl Simon, 

Paul Machiele, Paul Argyropoulos

Stakeholder attendees and affiliation: Meeting at Exxon with Darren Woods, Chris 

Erickson, John Glennon, Elisabeth Vrahopoulou, Nick Jones, Jeanne Mitchell, Al 

Mannato

Topics/issues/agenda:

A broad meeting focused on Exxon’s Energy Outlook and the RFS Rules, but also touching on Tier 3, and Anti-backsliding Study
2

Date: 5/30 and 6/10 Location: Conference calls

EPA attendees: Glenn Passavant, Tad 

Wysor, Michael Olechiw, Tony Fernandez, 

Don Kopinski, Todd Sherwood

Stakeholder attendees and affiliation: CARB Staff: Paul Hughes, David Eiges, Jason 

Gordon

Topics/issues/agenda:

Clarification of Tier 3 NPRM vehicle program issues and cost analyses.

Date: 7/22/2013 Location: NVFEL

EPA attendees:

Christine Brunner, Bill Charmley, Jeff 

Herzog, Paul Machiele, Tia Sutton, Lester 

Wyborny (by phone)

Stakeholder attendees and affiliation:

Marla Benyshek and John Askounis, Phillips66

Topics/issues/agenda:

General discussion of Tier 3 rule, and Phillips66 presented information regarding their specific refineries’ possible plans for 

transitioning to Tier 3.

Date: 9/12/2013 Location: NVFEL

EPA attendees:

Christine Brunner, Bill Charmley, Jeff 

Herzog, Paul Machiele, Tia Sutton, Lester 

Wyborny

Stakeholder attendees and affiliation:

Bob Anderson and Alexis Bayer, Chevron

Topics/issues/agenda:

Meeting with Chevron – including a general discussion of Tier 3 rule and provisions as they affect Chevron, and information provided 

by Chevron on their specific refineries’ plans for transitioning to Tier 3.
3

Date: Location: 

EPA attendees: Stakeholder attendees and affiliation:

Topics/issues/agenda:

Date: Location: 

EPA attendees: Stakeholder attendees and affiliation:

Topics/issues/agenda:

Date: Location: 

EPA attendees: Stakeholder attendees and affiliation:

Topics/issues/agenda:

Date: Location: 

EPA attendees: Stakeholder attendees and affiliation:

Topics/issues/agenda:
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 417 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 417

  To amend title 28 of the United States Code to bar any civil trial 
 involving the President until after the President vacates office, but 
   to allow for sealed discovery during the time the President is in 
                                office.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 1999

 Mr. Moynihan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend title 28 of the United States Code to bar any civil trial 
 involving the President until after the President vacates office, but 
   to allow for sealed discovery during the time the President is in 
                                office.

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

SECTION 1. CIVIL ACTIONS INVOLVING THE PRESIDENT.

    (a) In General.--Part 6 of title 28, United States Code is amended 
by inserting after chapter 161 the following:

          ``CHAPTER 162--CIVIL ACTIONS INVOLVING THE PRESIDENT

``Sec. 2431. Civil actions involving the president.
``Sec. 2431. Civil action involving the president
    ``(a) Definition.--In this chapter, the term `party' means a 
plaintiff or defendant.
    ``(b) Civil Trial Barred.--Any individual serving as President may 
not be a party in a trial on a civil action.
    ``(c) Discovery and Pre Trial Actions.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this section does not apply to any discovery or pretrial action 
        in a civil action that is carried out in a manner consistent 
        with--
                    ``(A) reasonable case management principles; and
                    ``(B) due deference to Presidential 
                responsibilities.
            ``(2) Discovery under seal.--Any discovery matter in a 
        civil action described in this section shall--
                    ``(A) be filed with the court of jurisdiction under 
                seal; and
                    ``(B) not be available to the public until--
                            ``(i) the individual described in 
                        subsection (b) has vacated the office of the 
                        President; or
                            ``(ii) all parties to the civil action 
                        agree to release the discovery matter.''.
    (b) Clerical Amendment.--The table of chapters for part VI of title 
28, United States Code, is amended by inserting after the item for 
chapter 161 the following:

``162. Civil action involving the President.................    2431''.
                                 <all>
```
#### Etteldorf, Respondent, vs. Yellow Cab & Transfer Company and another, Appellants.

*March 12*

May *1, 1945.*

*603For the appellants there was a brief by *Schubring, Ryan, Petersen & Sutherland*of Madison,- and oral argument by *Robert J. Sutherland.*

For the respondent there was a brief by *Hill, Beckwith & Harrington*of Madison, and oral argument by *D. V. W. Beckwith.*

Per Curiam.

The trial court found that there was an issue of fact as.to which the plaintiff was entitled to a jury trial. We have examined the pleadings and the affidavits filed by the parties and it is our conclusion that the trial court was correct in its determination. In view of the fact that the case must be tried, we have refrained from making comment on the evidentiary facts.

Order affirmed.
#### In re Guardianship of O’Connor: O’Connor, Appellant, vs. O’Niel, Defendant: La Crosse Trust Company, Respondent.

*December 2, 1941*

January *13, 1942.*

*411
      *Albert C. Wolfe*of La Crosse, for the appellant.

*George T. Doherty*and *Lawrence J. Brody,*both of La Crosse, for the respondent.

Fairchild, J.

While the evidence accented as controlling by the county court sustains the finding that appellant is mentally incapable of managing and protecting his own property, it does not sufficiently show physical infirmities to warrant a conclusion that a guardian of his person is required.

Appellant has devoted his life to service in a high calling. For many years as a priest of the Roman Catholic church he has followed a manner of life that has built up strongly formed habits and placed him in favorable surroundings. All these facts, considered in connection with his present capacity of taking physical care of himself, do not present a case for placing his person in the custody of a guardian. It appears, rather, that the assistance available and which is provided by him together with the income from his property when properly managed by the guardian of his estate will enable him. to pursue his usual method of life and enjoy the reasonable comforts and independence he has been used to. Although *412not capable of handling his business affairs, he appears to be sufficiently in possession of faculties so that no urgent reasons exist for restricting his right of liberty. Plis tastes and daily practices ought not to be encroached upon by placing his person in the custody of a guardian. *Guardianship of Welch,*108 Wis. 387, 84 N. W. 550; *Guardianship of*Warner, 232 Wis. 467, 287 N. W. 803.

It is considered that the findings that he is so physically infirm as to be unable to take care of himself is against the great weight and clear preponderance of the evidence and the order, so far as it is based on that finding, is not sustained.

*By the Court.*— Order modified so as to limit the appointment of the guardian to the estate and revoke that portion thereof which places the appellant's person under guardianship, and as so modified is affirmed.

Fritz and MartiN, JJ., dissent from that part of the mandate which affirms the order as modified thereby.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED March 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50692 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EDGAR REALYVASQUEZ-CABRAL, also known as Edgar Real Y. Vasquez-Cabra, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CR-1784-ALL

-------------------- Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Edgar Realyvasquez-Cabral raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
---

Exhibit 13.1

Certification of Chief Executive Officer

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the Annual Report of Forum National Investments
  Ltd. (the "Company") on Form 20-F for the annual period ended December 31, 2005
  as filed with the Securities and Exchange Commission on the date hereof (the
  "Report"), the undersigned certifies pursuant to 18 U.S.C. 1350, as adopted
  pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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.

|Dated: December 22, 2006 | By                                                        | /s/
      *Daniel Clozza*
|------------------------ | --------------------------------------------------------- | -------------------------
|                         | Daniel Clozza, Chief Executive Officer
      and Director



---
EXHIBIT 32

****SECTION 1350 CERTIFICATION****

            Each of the undersigned hereby certifies in his capacity as an officer of First Niles Financial, Inc. (the "Registrant") that the Annual Report of the Registrant on Form 10-KSB forthe period ended December 31, 2003 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, inall material respects, the consolidated financial condition of the Registrant at the end of such period and the results of operations of the Registrant for such period.

| Date: March 30, 2004 |  | /s/ William L. StephensWilliam L. StephensPresident and Chief Executive Officer                 |
|----------------------|--|-------------------------------------------------------------------------------------------------|
|                      |  |                                                                                                 |
| Date: March 30, 2004 |  | /s/ Lawrence SafarekLawrence SafarekVice President and Treasurer*(Principal Financial Officer)* |
---

**EXHIBIT 12.1**

SECTION 302 CERTIFICATION

I, Daniel Clozza, certify that:

I have reviewed this annual report on Form 20-F of Forum National
  Investments Ltd.;

Based on my knowledge, this annual report does not contain any
  untrue statement of a material fact or omit to state a material fact necessary
  to make the statements made, in light of the circumstances under which such
  statements were made, not misleading with respect to the period covered by this
  annual report;

Based on my knowledge, the financial statements, and other financial
  information included in this annual report, fairly present in all material respects
  the financial condition, results of operations and cash flows of the registrant
  as of, and for, the periods presented in this annual report;

The registrant's other certifying officers and I are responsible
  for establishing and maintaining disclosure controls and procedures (as defined
  in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

a) designed such disclosure controls and procedures to ensure
  that material information relating to the registrant, including its consolidated
  subsidiaries, is made known to us by others within those entities, particularly
  during the period in which this annual report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure
  controls and procedures and presented in this report our conclusions about the
  effectiveness of the disclosure controls and procedures, as of the end of the
  period covered by this annual report based on such evaluations; and

c) Disclosed in this report any change in the registrants
  internal control over financial reporting that occurred during the period covered
  by the annual report that has materially affected, or is reasonably likely to
  materially affect, the registrants internal control over financial reporting:
  and

The registrant's other certifying officers and I have disclosed,
  based on our most recent evaluation of internal control over financial reporting,
  to the registrant's auditors and the audit committee of the registrant's board
  of directors (or persons performing the equivalent function):

All significant deficiencies and material weakness in the design
  or operation of internal control of financial reporting which are reasonably
  likely to affect the registrant's ability to record, process, summarize and
  report financial information; and

Any fraud, whether or not material, that involves management
  or other employees who have a significant role in the registrant's internal
  controls over financial reporting;

|Date: December 22, 2006                                   | /s/
      *Daniel Clozza*
|--------------------------------------------------------- | -------------------------
|Daniel Clozza, Chief Executive Officer
      and Director



---
EXHIBIT 16





[ex9916002.gif]Avalon Development Corp.

P.O. Box 80268

Fairbanks, Alaska 99708

Phone: 907-457-5159

Fax: 907-455-8069

Email: avalon@alaska.net

Web site: www.avalonalaska.com





CONSENT OF AUTHOR



To:

BC Securities Commission

Alberta Securities Commission

Ontario Securities Commission





I, Curtis Freeman, do hereby consent to the filing, with the regulatory authorities referred to above, of the technical report dated arch 26, 2007 and titled EXECUTIVE SUMMARY REPORT FOR THE GOLDEN SUMMIT PROJECT, FAIRBANKS MINING DISTRICT, ALASKA and to the written disclosure of the Technical Report and of extracts from or a summary of the Technical Report in the written disclosure in the AIF of Freegold Ventures Limited to be filed.



I also certify that I have read the written disclosure being filed and I do not have any reason to believe that there are any misrepresentations in the information derived from the Technical Report or that the written disclosure in the AIF of Freegold Ventures Limited contains any misrepresentation of the information contained in the Technical Report.



[ex9916003.jpg]Dated this 26th day of March 2007







Signature of Qualified Person

[ex9916004.jpg]

Seal or Stamp



Curtis J. Freeman, CPG #6901