alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.12

ALZA Corporation
Amended and Restated Executive Deferral Plan II
1999 Amendment 1


     ALZA Corporation, a Delaware corporation (the "Company"),
pursuant to the power granted to it by Section 10.2 of the ALZA
Corporation Amended and Restated Executive Deferral Plan II (the
"Plan"), hereby amends the Plan, as follows, effective as of
February 9, 1999.


1.   Section 1.21 is amended in its entirety to read as follows:

     " "Retirement" and "Retire" shall mean termination of
     employment or severance of directorship with the
     Company (i) on or after the attainment of age sixty-
     five (65), (ii) at a time when Years of Service are
     equal to or greater than 20 or (iii) at a time when the
     sum of age at last birthday plus Years of Service equal
     65 or more ("Rule of 65")."

2.   Except as expressly provided herein, the provisions of the
     Plan continue in their entirety as set forth immediately prior to
     the effective date of this amendment.

     The Company has caused this Amendment to be signed by its
duly authorized officer as of the date written below.


                              ALZA Corporation, a Delaware Corporation


                              By: David R. Hoffmann
                              Its: Vice President and Treasurer


                              Date: February 15, 1999
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-2610

___________

Keith Argolis Oliver, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Eastern

* District of Arkansas.

Steve Goodwin, Jailer, Clay County *

Detention Center; Clay County Jail; * [UNPUBLISHED]

Don Poole, Sheriff of Clay County, *

*

Appellees. *

___________

Submitted: July 6, 2000

Filed: July 14, 2000 

___________

Before WOLLMAN, Chief Judge, FAGG and BOWMAN, Circuit Judges.

___________

PER CURIAM.

Keith Argolis Oliver brought this 42 U.S.C. § 1983 action against the Clay

County, Arkansas Jail; jailer Steve Goodwin; and Clay County Sheriff Don Poole

(collectively the defendants). The defendants moved to close administratively or to

stay the case, because Oliver is presently incarcerated in Tennessee and is thus unable

to attend trial in Arkansas. The magistrate judge recognized he could issue a writ of

habeas corpus ad testificandum to bring Oliver to Arkansas for the trial, see 28 U.S.C.

§ 2241(c)(5) (1994), but stated:
-2-

In considering whether [Oliver] should be transported from Tennessee

prison to the state of Arkansas this Court must consider transportation

costs; safety concerns; the feasibility of trying the case without the

prisoner's presence in the courtroom and any other factor relevant to the

question of whether a writ should issue. 

After careful review of [Oliver's] response to the motion to dismiss

and the entire record, and with due considerations of the above-referenced

factors, this Court cannot recommend the issuance of a writ of habeas

corpus ad testificandum. The Court finds that this matter should be

closed administratively and placed on the inactive docket. [Oliver] may

move to reopen this case within thirty (30) days of his release from

federal custody.

(Report and Recommendation at 2). The district court adopted the magistrate's report

and recommendation, and Oliver now appeals. Having carefully reviewed the record

and the parties' briefs, we cannot say the district court abused its discretion in refusing

to issue the writ of habeas corpus ad testificandum, see Cranford v. Nix, 43 F.3d 1210,

1211 (8th Cir. 1995) (standard of review); Latiolais v. Whitley, 93 F.3d 205, 208 (5th

Cir. 1996) (same), and we affirm. See 8th Cir. R. 47B. 

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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1
<Page>
                                                                    Exhibit 99.1

                            CERTIFICATE PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

   The undersigned, Eleanor L. Thomas, President (chief executive officer) of
the managing owner, Prudential Securities Futures Management Inc. (the 'Managing
Owner') of Diversified Futures Trust I (the 'Trust'), hereby certifies, pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

   (1) The Trust's Quarterly Report on Form 10-Q for the period ending March 31,
       2003, as filed with the Securities and Exchange Commission on the date
       hereof (the 'Quarterly 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 Quarterly Report fairly presents, in all
       material respects, the financial condition and results of operations of
       the Trust.

/s/ Eleanor L. Thomas
------------------------------------------------------
Eleanor L. Thomas
President (chief executive officer) of the Managing Owner
May 15, 2003

   The undersigned, Steven Weinreb, Chief Financial Officer of the managing
owner, the Managing Owner, of the Trust, hereby certifies, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

   (1) The Trust's Quarterly 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 Quarterly Report fairly presents, in all
       material respects, the financial condition and results of operations of
       the Trust.

/s/ Steven Weinreb
------------------------------------------------------
Steven Weinreb
Chief Financial Officer of the Managing Owner
May 15, 2003
Occupational Safety and Health Review Commission
Commission Monthly Case Activity for February 2021

1. Cases Pending Beginning of Month							22

2. Cases Added to Docket								1
Onekey, LLC
No. 18-0242
Directed for Review on February 5, 2021


  
3. Cases Subtracted from Docket							-2

Shelly & Sands, Inc.
No. 17-0190
Decision issued on February 1, 2021

Ceco Concrete Construction, LLC
No. 17-0483
Decision issued on February 26, 2021


4. Total Cases Pending End of Month							21
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22 - 11198 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,** versus **Santos Franco -**  **Pacheco,** Defendant

— Appellant **.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22 - CR - 6 - 1

**________________ ______________**  Before **Jones, Elrod**  **,** and **Wilson,** Circuit Judges **. Per Curiam**  **:** ***** Santos Franco - Pacheco appeals his sentence for illegal reentry. He was serving a state burglary charge when he was sentenced in federal court and requested the sentences be served concurrently. His request was denied because the district court held the sentences were unrelated. Franco -

**_____________________** * This opinion is not designated for publication. See **5th Ci r**  **. R**  **.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED September 14, 2023 Lyle W. Cayce Clerk Case: 22-11198 Document: 00516895569 Page: 1 Date Filed: 09/14/2023No. 22 - 11198

2 Pacheco now argues that the distric t court should have weighed the factors in the guidelines section addressing persons with multiple sentences. We review for plain error because the original request for concurrent sentences was based on mitigating circumstances and so is unrelated to the guidelines argument now before us. See United States v. Narez - Garcia , 819 F.3d 146, 150 (5th Cir. 2016) . We find no error in this case. The guidelines policy statement instructs that district courts do nothing other than consider that sentences can be made concurrent or consecutive. U . S . S . G . § 5G1.3 (d), p.s. & comment. (n.4(A)) . Neither the policy statement nor the commentary requires the district court to explicitly weigh various factors. See United States v. Lindsey , 969 F.3d 136, 140 (5th Cir. 2020). We are also unpersuaded by his claim that there was a problematic discrepanc y in the description of the remainder of his state law sentence as the district court has access to the PSR with the correct information prior to sentencing. **AFFIRMED** . Case: 22-11198 Document: 00516895569 Page: 2 Date Filed: 09/14/2023
H. R. 1074 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To repeal the Act entitled ‘‘An Act to confer jurisdiction on the State of Iowa 

over offenses committed by or against Indians on the Sac and Fox Indian Reservation’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

Act of June 30, 1948, entitled ‘‘An Act to confer jurisdiction on 

the State of Iowa over offenses committed by or against Indians 

on the Sac and Fox Indian Reservation’’ (62 Stat. 1161, chapter 

759) is repealed. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<PAGE>   1
                                                                    EXHIBIT 18.1

TransAmerican Energy Corporation
1300 North Sam Houston Parkway Eas3t
Houston, Texas 77032

Gentlemen:

We are providing this letter to you for inclusion as an exhibit to your Form
10-Q filing pursuant to Item 601 of Regulation S-K.

We have read management's justification for TransAmerican Refining Corporation's
change in accounting method for inventory pricing from the average cost method
to the first-in-first-out method and the change in accounting method for
turnaround costs from the accrual method to the deferral method contained in
TransAmerican Energy Corporation's (the "Company") Form 10-Q for the quarter
ended July 31, 1998.  Based on our reading of the data and discussions with
Company officials of the business judgment and business planning factors
relating to the changes, we believe management's justification to be reasonable.
Accordingly, we concur that the newly adopted accounting principles described
above are preferable in the Company's circumstances to the methods previously
applied.

We have not audited any financial statements of the Company as of any date or
for any period subsequent to January 31, 1998, nor have we audited the
application of the changes in accounting principles disclosed in the Company's
Form 10-Q for the quarter ended July 31, 1998; accordingly, our comments are
subject to revision on completion of an audit of the financial statements that
include the accounting changes.




                                                      PricewaterhouseCoopers LLP

Houston, Texas
September 17, 1998
Occupational Safety And Health Review Commission
Commissioners’ Monthly Docket Report at Close of Business on November 30, 2021
 
DOCKET
NUMBER
RESPONDENT'S
NAME
DOCKETED

TYPE*

BRIEFING
NOTICE DATE
BRIEFING STATUS
COMMISSIONER NOT PARTICIPATING
1
18-0758
RoadSafe Traffic Systems, Inc.
10/30/19
DFR
11/01/19
Closed

2
17-0737
UHS of Westwood Pembroke, Inc.
UHS of Delaware, Inc.
03/19/20
DFR
03/25/20
Closed

3
18-1451
Summit Contracting Group, Inc.
08/24/20
DFR
09/25/20
Closed

4
16-1713
United States Postal Service
08/31/20
DFR
09/25/20
Closed

5
16-1813
United States Postal Service
08/31/20
DFR
09/25/20
Closed

6
16-1872
United States Postal Service
08/31/20
DFR
09/25/20
Closed

7
17-0023
United States Postal Service
08/31/20
DFR
09/25/20
Closed

8
17-0279
United States Postal Service
08/31/20
DFR
09/25/20
Closed

9
16-1865
AJM Packaging Corporation
10/07/20
DFR
10/14/20
Closed

10
19-0723
Midwest Equipment Company
10/23/20
DFR
11/25/20
Closed

11
16-1587
TNT Crane & Rigging, Inc. 
11/18/20
DFR
12/10/20
Closed

12 
18-1864
Henkels & McCoy, Inc.
12/07/20
DFR
12/23/20
Closed

13
18-0242
Onekey, LLC
02/05/21
DFR
02/18/21
Open

14 
18-0731
UHS of Delaware, Inc. and Premier Behavioral Health Solutions of Florida, Inc. d/b/a Suncoast Behavioral Health Center
05/19/21
DFR
05/21/21
Open

15
18-1287
First Marine, LLC
05/19/21
DFR
05/27/21
Closed

16
18-1288
First Marine, LLC
05/19/21
DFR
05/27/21
Closed

17
18-0701
Midvale Paper Box Company, Inc.
10/21/21
DFR



18
20-0762
CentiMark Corporation
10/27/21
DFR



19
20-0653
Eastern Gas Transmission and Storage, Inc.
10/28/21
DFR



20
21-0447
Generational Buildings, LLC
11/22/21
DFR



 *DFR – Direction For Review
  REM – Appellate Remand
  INT REV – Interlocutory Review
Page 1 of 1 

Occupational Safety And Health Review Commission

Commissioners’ Monthly Docket Report at Close of Business on December 31, 2022

 DOCKET

NUMBER

RESPONDENT'S

NAME

DOCKETED TYPE* BRIEFING

NOTICE 

DATE

BRIEFING 

STATUS

COMMISSIONER 

NOT 

PARTICIPATING

1 16-1713 United States Postal Service 08/31/20 DFR 09/25/20 Closed

2 16-1813 United States Postal Service 08/31/20 DFR 09/25/20 Closed

3 16-1872 United States Postal Service 08/31/20 DFR 09/25/20 Closed

4 17-0023 United States Postal Service 08/31/20 DFR 09/25/20 Closed

5 17-0279 United States Postal Service 08/31/20 DFR 09/25/20 Closed

 6 18-0242 Onekey, LLC 02/05/21 DFR 02/18/21 Closed

 7 18-0731

UHS of Delaware, Inc. and 

Premier Behavioral Health 

Solutions of Florida, Inc. d/b/a 

Suncoast Behavioral Health 

Center

05/19/21 DFR 05/21/21 Closed

8 18-1287 First Marine, LLC 05/19/21 DFR 05/27/21 Closed

 9 18-1288 First Marine, LLC 05/19/21 DFR 05/27/21 Closed

10 18-0701 Midvale Paper Box Company, 

Inc. 10/21/21 DFR 11/09/21 Closed

11 20-0762 CentiMark Corporation 10/27/21 DFR 11/09/21 Closed

12 20-0653 Eastern Gas Transmission and 

Storage, Inc. 10/28/21 DFR 11/05/21 Closed

13 19-0622 Anthony Marano Co. 02/10/22 DFR 02/16/22 Closed

14 20-0541 Harvey Builders d/b/a Harvey 

Cleary Builders 03/03/22 DFR 03/11/22 Closed

15 21-0432 Ariana Murrell-Rosario d/b/a 

Liberty Tax Service 07/01/22 DFR 07/13/22 Closed

16 20-1212 Roy Rock, LLC 07/14/22 DFR 07/15/22 Closed

17 20-0232 U.S. Ceiling Corp. 09/29/22 DFR 10/05/22 Open

18 21-0794 U.S. Postal Service – Canovanas 

Post Office 11/16/22 DFR 11/18/22 Open

19 17-0949 Walmart, Inc. 11/28/22 REM

20 19-1667 A Crane Rental LLC 12/06/22 DFR

*DFR – Direction For Review

 REM – Appellate Remand

 INT REV – Interlocutory Review
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, 

RESPODENT

v.

VONDA KAY BROWN,

Petitioner

:

:

:

:

:

:

:

:

:

:

No. 133 WAL 2019

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 17th day of September, 2019, the Petition for Allowance of Appeal

is DENIED.
----

| Subsidiary                                   | Place      of Incorporation |
|----------------------------------------------|-----------------------------|
|                                         |                        |
| Adams      Resources Exploration Corporation | Delaware                    |
| Kirbyville      Marketing Co., Inc.          | Texas                       |
| Service      Transport Company               | Texas                       |
| Bayou      City Pipelines, Inc.              | Texas                       |
| Ada      Crude Oil Company                   | Texas                       |
| Ada      Mining Corporation                  | Texas                       |
| Classic      Coal Corporation                | Delaware                    |
| Plastics      Universal Corporation          | Kentucky                    |
| CJC      Leasing, Inc.                       | Kentucky                    |
| Buckley      Mining Corporation              | Kentucky                    |
| Gulfmark      Energy, Inc.                   | Texas                       |
| Ada      Resources, Inc.                     | Texas                       |
| Adams      Resources Marketing, Ltd.         | Texas                       |
| Adams      Resources Marketing GP, Inc.      | Texas                       |
| Adams      Resources Marketing II, Inc.      | Nevada                      |
| Gulfmark      Energy Marketing, Inc.         | Nevada                      |
| Adams      Resources UK Limited              | United      Kingdom         |

----
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 1401** 

EDITH MARLENE MEDRANO , Petitioner ,

v. LORETTA E. LYNCH, Attorney General , Respondent

.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted : December 29, 2016 Decided: January 18, 2017

Before TRAXLER, FLOYD, and HARRIS , Circuit Judges.

Petition dismissed by un published per curiam opinion

.

Ronald D. Richey, LAW OFFICE OF RONALD D. RICHEY, Rockville, Maryland, for Petitioner. Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Bernard A. Joseph, Senior Litigation Counsel, Christina J. Martin, Office of Immigration Litigation , UNI TED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Edith Marlene Medrano, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals dismissing her appeal of the immigration judge’s oral decision denying her request for a continuance in her removal proceedings and ordering her removed from the United States. We dismiss the petition for review for lack of jurisdictio n. Based on her counseled admissions before the immigration judge, Medrano was found removable on two grounds, including as

an inadmissible alien who had been convicted of a crime involving moral turpitude. See 8 U.S.C. § 1182(a)(2)(A)(i)(I) (2012). Purs uant to 8 U.S.C. § 1252(a)(2)(C) (2012), we lack jurisdiction to review the final order of removal of an alien convicted of certain enumerated crimes, including a crime involving moral turpitude. In this circumstance, we retain jurisdiction only over colo rable constitutional claims or questions of law. 8 U.S.C. § 1252(a)(2)(D) (2012); see Turkson

v. Holder , 667 F.3d 523, 526

– 27 (4th Cir. 2012); Gomis v.

Holder , 571 F.3d 353, 358 (4th Cir. 2009) (“[A]bsent a colorable constitutional claim or question of la w, our review of the issue is not authorized by [8 U.S.C. §] 1252(a)(2)(D).”). Medrano asserts in her brief that the immigration judge violated due process in adjudicating her request for a continuance. Upon review, we find this claim is not3 sufficiently colorable to invoke this court’s jurisdiction. See, e.g. , Jian Pan v. Gonzales , 489 F.3d 80, 84 (1st Cir. 2007) (“To trigger our jurisdiction, the putative constitutional or legal challenge must be more than a disguised challenge to factual findings. Th e underlying constitutional or legal question must be colorable; that is, the argument advanced must, at the very least, have some potential validity.”). Accordingly, we dismiss the petition for review for lack of jurisdiction. We dispense with oral argu ment because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional

process.

PETITION DISMISSED
i i i i i i

MEMORANDUM OPINION

No. 04-09-00400-CV

Andrew W. CAMERON,

Appellant

v.

Brenda M. CAMERON,

Appellee

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 1991-CI-00547

Honorable Michael Peden, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 26, 2009

DISMISSED

Appellant has filed a motion to dismiss this appeal. Appellee has not opposed the motion.

Therefore, we grant the motion and dismiss the appeal. See TEX.R. APP. P. 42.1(a). Costs of appeal

are taxed against appellant. See id. 42.1(d).

PER CURIAM
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1112 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1112

  To amend title 38, United States Code, to authorize the transfer of 
    unused Post-9/11 Educational Assistance benefits to additional 
   dependents upon the death of the originally designated dependent.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2017

 Mr. Labrador (for himself, Mr. Jones, Mrs. Radewagen, Mr. Thompson of 
  Pennsylvania, Mr. Jody B. Hice of Georgia, Mr. Byrne, Mr. Brat, Mr. 
 Katko, Mr. Tipton, Mr. Loudermilk, Mr. Poliquin, Mr. Smith of Texas, 
and Miss Gonzalez-Colon of Puerto Rico) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend title 38, United States Code, to authorize the transfer of 
    unused Post-9/11 Educational Assistance benefits to additional 
   dependents upon the death of the originally designated dependent.

    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 ``Shauna Hill Post 9/11 Education 
Benefits Transferability Act''.

SEC. 2. ADDITIONAL AUTHORIZED TRANSFER OF UNUSED POST-9/11 EDUCATIONAL 
              ASSISTANCE BENEFITS TO DEPENDENTS UPON DEATH OF 
              ORIGINALLY DESIGNATED DEPENDENT.

    (a) Transfer Upon Death of Dependent.--Section 3319 of title 38, 
United States Code, is amended--
            (1) in subsection (f)(1), by inserting after ``section 
        3321'' the following: ``, and except as provided in subsection 
        (k),''; and
            (2) by adding at the end the following new subsection:
    ``(k) Additional Transfer Upon Death of Dependent.--In the case of 
a dependent to whom entitlement to educational assistance is 
transferred under this section who dies before using all of such 
entitlement, the individual who transferred the entitlement to the 
dependent may transfer any remaining entitlement to a different 
eligible dependent, notwithstanding whether the individual is serving 
as a member of the Armed Forces when such transfer is executed.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to deaths occurring on or after August 1, 2009.
                                 <all>
```