alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JAIME GARCIA-HERRERA, a.k.a. Cobra

Barrioquatro, a.k.a. Miguel LardoguriGonzales,

 Defendant - Appellant.

No. 10-10188

D.C. No. 2:09-cr-01090-GMS

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

G. Murray Snow, District Judge, Presiding

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

Jaime Garcia-Herrera appeals from the 50-month sentence imposed 

following his guilty-plea conviction for re-entry of removed alien, in violation of

FILED

JUN 29 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-10188

8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we

affirm.

Garcia-Herrera contends that the district court procedurally erred (1) by

failing to consider his argument that the sentencing enhancement under U.S.S.G.

§ 2L1.2(b)(1)(A)(i) lacks an empirical basis or considered rationale and is not an

accurate measure of the gravity of the underlying offense; and (2) by failing to

explain why it selected his sentence. We review for plain error, see United States

v. Dallman, 533 F.3d 755, 761 (9th Cir. 2008), and affirm because Garcia-Herrera

has not established any error by the district court, see id. at 761-62. The record

shows that the court heard and considered all of Garcia-Herrera’s arguments and

properly explained its rationale for selecting the sentence. See United States v.

Amezcua-Vasquez, 567 F.3d 1050, 1053-54 (9th Cir. 2009).

Garcia-Herrera also contends that the sentence is substantively unreasonable. 

In light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing

factors, the below-Guidelines sentence was not substantively unreasonable. See

United States v. Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010).

AFFIRMED.
# C_2004226EN.01000101.xml

| 10.9.2004 | EN | Official Journal of the European Union | C 226/1 |
| --- | --- | --- | --- |

10.9.2004

EN

Official Journal of the European Union

C 226/1

---

Euro exchange rates (1)

1

9 September 2004

(2004/C 226/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2191 |
| JPY | Japanese yen | 133,71 |
| DKK | Danish krone | 7,4359 |
| GBP | Pound sterling | 0,6828 |
| SEK | Swedish krona | 9,1171 |
| CHF | Swiss franc | 1,5384 |
| ISK | Iceland króna | 87,99 |
| NOK | Norwegian krone | 8,3055 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,577 |
| CZK | Czech koruna | 31,705 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 249,59 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6599 |
| MTL | Maltese lira | 0,4279 |
| PLN | Polish zloty | 4,388 |
| ROL | Romanian leu | 41 196 |
| SIT | Slovenian tolar | 240,01 |
| SKK | Slovak koruna | 40,13 |
| TRL | Turkish lira | 1 816 700 |
| AUD | Australian dollar | 1,7607 |
| CAD | Canadian dollar | 1,5705 |
| HKD | Hong Kong dollar | 9,5081 |
| NZD | New Zealand dollar | 1,8616 |
| SGD | Singapore dollar | 2,0704 |
| KRW | South Korean won | 1 395,93 |
| ZAR | South African rand | 8,1219 |

Currency

Exchange rate

USD

US dollar

1,2191

JPY

Japanese yen

133,71

DKK

Danish krone

7,4359

GBP

Pound sterling

0,6828

SEK

Swedish krona

9,1171

CHF

Swiss franc

1,5384

ISK

Iceland króna

87,99

NOK

Norwegian krone

8,3055

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,577

CZK

Czech koruna

31,705

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

249,59

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6599

MTL

Maltese lira

0,4279

PLN

Polish zloty

4,388

ROL

Romanian leu

41 196

SIT

Slovenian tolar

240,01

SKK

Slovak koruna

40,13

TRL

Turkish lira

1 816 700

AUD

Australian dollar

1,7607

CAD

Canadian dollar

1,5705

HKD

Hong Kong dollar

9,5081

NZD

New Zealand dollar

1,8616

SGD

Singapore dollar

2,0704

KRW

South Korean won

1 395,93

ZAR

South African rand

8,1219

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
# C_2005011EN.01000301.xml

| 15.1.2005 | EN | Official Journal of the European Union | C 11/3 |
| --- | --- | --- | --- |

15.1.2005

EN

Official Journal of the European Union

C 11/3

---

NEW NATIONAL SIDE OF EURO CIRCULATION COINS

NEW NATIONAL SIDE OF EURO CIRCULATION COINS

(2005/C 11/03)

Image

National side of the new 2-euro commemorative circulation coin issued by Luxembourg

National side of the new 2-euro commemorative circulation coin issued by Luxembourg

Euro circulation coins have legal tender status throughout the euro area. With a view to informing the parties professionally handling coins and the public at large, the Commission publishes all new euro coin designs (1). In accordance with the relevant Council conclusions of 8 December 2003 (2), Member States and countries that have concluded a Monetary Agreement with the Community providing for the issuance of euro circulation coins are allowed to issue certain quantities of commemorative euro circulation coins under the condition that only a single new coin design at most is issued per country and per year and that the 2 € denomination is used. These coins correspond to the technical features of normal euro circulation coins, but bear a commemorative feature on the obverse national side.

1

2

Issuing State: Luxembourg

Commemorative feature: 50th anniversary of the G-D Henri, 5th anniversary of his accession to the throne and 100 years of the death of the G-D Adolphe

Factual description of the design: The coin depicts on the left-hand side of its inner part the effigy of His Royal Highness, the Grand Duke Henri, looking to the right, and superimposed on the effigy of the former Grand Duke Adolphe on the right-hand side of the inner part. Above the effigies appears, in semi-circular form, the legend ‘GRANDS-DUCS DE LUXEMBOURG’. The text ‘HENRI * 1955 ADOLPHE + 1905’ is inscribed below their respective effigies. On the outer ring of the coin, the 12 stars surrounding the design are placed between the letters of the text ‘LËTZEBUERG’. The date 2005 is inscribed below, flanked by the logo of the Mint and the letter ‘S’.

Issuing volume: max. 2.8 million

Approximate issuing period: January 2005

---

(1)  See OJ C 373 of 28.12.2001, pp. 1-30 for a reference to all national sides that have been issued in 2002.

1

(2)  See conclusions of the General Affairs Council of 8 December 2003 on changes in the design of national sides of euro coins. See also Commission Recommendation of 29 September 2003 on a common practice for changes to the design of national obverse sides of euro circulation coins (OJ L 264 of 15.10.2003, p. 38-39).

2

---
<PAGE>   1
COMMUNITY CENTRAL BANK CORPORATION
FORM 10-KSB (continued)




                                   EXHIBIT 11


                        COMPUTATION OF PER SHARE EARNINGS




<TABLE>
<CAPTION>
                                                                       Year Ended December 31,
                                                              2000              1999             1998
                                                              -----             -----            -----
                                                                   (in thousands, except per share data)
<S>                                                            <C>                <C>             <C>
BASIC

Income Before Cumulative Effect
   of Accounting Change                                       $1,424             $983            $1,104
/ Weighted Average Shares                                      2,604            2,645             2,017
------------------------------                                ------            ------            -----
   Per Share                                                   $0.55             $0.37            $0.55

Cumulative Effect of Accounting Change                          ----               (57)            ----
/ Weighted Average Shares                                      2,604             2,645            2,017
------------------------------                                ------            ------            -----
   Per Share                                                    ----             (0.02)            ----

Basic Earnings Per Share                                       $0.55             $0.35            $0.55
===========================                                   ======            ======            =====


DILUTED

Income Before Cumulative Effect
   of Accounting Change                                       $1,424              $983            $1,104
/ Weighted Average Shares                                      2,604             2,650             2,030
------------------------------                                ------            ------            ------
   Per Share                                                   $0.55             $0.37            $0.54

Cumulative Effect of Accounting Change                          ----               (57)             ----
/ Weighted Average Shares                                      2,604             2,650             2,030
------------------------------                                ------            ------            ------
   Per Share                                                    ----             (0.02)             ----

Diluted Earnings Per Share                                     $0.55             $0.35             $0.54
===========================                                   ======            ======            ======
</TABLE>




Notes:
   -   Weighted average shares outstanding have been adjusted to reflect 11 for
       10 stock splits in 2000, 1999, 1998 and 1997.

   -   Where applicable, diluted share computations include the effects of
       outstanding stock options.
Submitted on appellant’s brief November 29,

reversed and remanded for a new trial December 17, 1979

#### STATE OF OREGON, *Respondent, v.*JOHN M. MILLER, *Appellant.*

(No. 79-224-C, CA 15074

603 P2d 784

John M. Miller, Medford, filed the brief for appellant.

James A. Redden, Attorney General, Walter L. Barrie, Solicitor General, and Jan P. Londahl, Assistant Attorney General, Salem, appeared for respondent.

Before Joseph, Presiding Judge, and Lee and Richardson, Judges.

PER CURIAM

*699PER CURIAM

The state concedes that because there was no written waiver of defendant’s right to a trial by jury, the judgment must be reversed and the case remanded for a new trial. Or Const, Art I, § 11; ORS 136.001; *State v. Wiik,*31 Or App 571, 570 P2d 1021 (1977).

Reversed and remanded for a new trial.
#### Ostenson, Respondent, vs. Lakeway Supply Company, Appellant.

For the appellant: *Hanitch, Hartley, Johnson & Fritsch-ler*of Superior.

For the respondent: *Tipton & Saroka*of Superior, attorneys, and *Hugh J. McClearn*of Duluth, Minnesota, of counsel.

*By the Court.*

Judgment affirmed.
<PAGE>

                                                                  EXHIBIT 10.20
                                                                  -------------

                            THIRD AMENDMENT TO THE
                     BENTHOS, INC. 401(K) RETIREMENT PLAN

Benthos, Inc. (the "Employer") having heretofore adopted the Benthos, Inc.
401(k) Retirement Plan, a prototype plan document consisting of the Plan
Agreement #001 and the Putnam Basic Plan Document #07 (the "Plan") effective as
of July 1, 1999, pursuant to the power reserved to the Employer in Section 17.1
of the Plan, hereby amends the Plan Agreement as set forth below.

1.   Subsection E. of Section 1., of the Plan Agreement is hereby amended
     effective October 1, 2000, by striking said subsection in its entirety and
     by substituting the following new paragraph in lieu thereof:

     "E.  Employer Contract:        Name:    Francis E. Dunne, Jr.
          -----------------                  ---------------------
                                    Title:   Vice President, CFO, Treasurer
                                             ------------------------------
                                    Phone #: 508-563-1000
                                             ------------

                                    Name:    Robert J. Mulvaney
                                             ------------------
                                    Title:   Controller
                                             ----------
                                    Phone #: 508-563-1000"
                                             ------------

2.  In all other respects, the Plan provisions remain in full force and effect.

IN WITNESS WHEREOF, the Employer has caused the Third Amendment to the Plan to
be duly executed in its name and behalf and its corporate seal to be affixed as
of the date signed below.

<TABLE>
<CAPTION>
ATTEST:
<S>              <C>                             <C>
BENTHOS, INC.                                    PUTNAM FIDUCIARY TRUST COMPANY
By:   /s/ Francis E. Dunne, Jr.                  By:  /s/ Tina A. Campbell
     ------------------------------                  -------------------------------
Print Name:  Francis E. Dunne, Jr.               Print Name:  Tina A. Campbell
             ------------------------------                   -----------------------------
Title:       Vice President, CFO, Treasurer      Title:       SVP Compliance and Consulting
             ------------------------------                   -----------------------------
Date:        2/8/01                              Date:        2/27/01
             ------------------------------                   -----------------------------
</TABLE>
FAA-2015-2605 October 4, 2015

Thank you for your consideration and your letter, dated September 10, 2015. I would like to take 

a moment to respond to your question regarding my UAS operation and the benefit to the public 

as a whole. 

Public Benefit 1: A safe alternative to traditional “manned” aircraft

In lieu of flying traditional “manned” aircraft, the precision guidance of the DJI Phantom 3 allows 

for low altitude flight without the risk of endangering persons in the air or on the ground. The 

return to home features, realtime view, mapping and guidance system all allow the pilot in 

command to stay clear of the ground population. 

Public Benefit 2: Zero emission flight

In lieu of flying large aircraft which consumes gasoline and produces carbon emissions and 

noise pollution, the small DJI Phantom UAS has a small eco footprint. The public benefits from 

zero emissions flight because the DJI Phantom is battery powered and will not produce carbon 

emissions in flight. 

Public Benefit 3: Search and Rescue, Human Safety, City Services

My proposed services would also include volunteer services such as search and rescue, law 

enforcement assistance when called upon, news media assistance when called upon, and 

assistance to the City of Waukee, Iowa when called upon. The public would benefit from having 

additional health and human services support when the city is in need. Some examples would 

include search and rescue, area analysis in the event of a natural disaster, topographical 

imaging for agriculture and city services. 

I do not have any other information, views, or arguments to add at this time. If requested, I could 

provide a statement by the City of Waukee as to why my services would be beneficial to the city 

and the citizens of my city. I sincerely hope this answers your questions. My goal is to abide by 

the regulations set forth by the Administration and if there is anything I can do to further assist 

you, please don’t hesitate to contact me. I apologize for the delayed response to your letter; I 

was on business travel and vacation for the majority of September and received the notice at 

the end of September. 

Sincerely,

Cameron Stotz
FAA-2015-2605 October 4, 2015
FAA-2015-2605 October 4, 2015
HomeNRC LibraryFOIA & Privacy ActClosed Requests

# Closed Appeal & FOIA/PA Cases by Subject – FY 2024

Page Last Reviewed/Updated Wednesday, March 13, 2024
**Conservation Practice Effects**

**Commonly Associated Practices:**Dike, Fish Passage, Fishpond Management, Irrigation Canal or Lateral, Livestock Pipeline, Pond, Structure for Water Control, Watering Facility, Wetland Creation, Wetland Enhancement, Wetland Restoration, Wetland Wildlife Habitat Management.

**Note:**This worksheet contains general talking points for the conservation planner to discuss with the land user.  It is the first step towards an economic or financial analysis.  The second step would include identifying a specific site for analysis at the farm or field level, editing the template for local conditions, adding units and quantities of farm inputs and outputs.  The third step in the economic analysis is to place a dollar value on as many variables as possible, put all units in the same time frame, using amortization ($/Acres/Year) or net present value ($/Acre), so benefits and costs can be compared.  The fourth and final step would be to combine several conservation practices into a conservation system, which is how most conservation practices are applied at the field level. Data for the worksheet comes from the land user, conservation planner, technical specialist and local agricultural supply vendors and contractors.  See Economics Technical Note: TN 200-ECN-1, Basic Economic Analysis Using T-Charts (August 2013) for more information.
NRCS CONSERVATION PRACTICE EFFECTS - NETWORK DIAGRAM September 2016

Filter Strip (393)

2. Cropland removed 

from production

I.9 (+) Quality of

terrestrial and 

aquatic wildlife 

habitat

D.3 (-) Velocity of 

runoff water

C.5 (+/-) Income and income 

stability (individuals and

community) 

C.1 (+) Preservation 

of infrastructure; 

reduced community 

maintenance costs 

I.1 (-) Sediment 

and particulate 

contaminants 

(including 

pathogens) to 

sensitive areas

C.3 (+) Fishable and 

swimmable waters; reduced 

health and safety issues for 

humans, domestic and wild 

animals 

I.4 (+) Soil 

quality

Initial setting: Cropland, forestland, grazing 

land or other land containing contaminated 

runoff to sensitive areas

I.2 (-) Maintenance 

of drainage ditches 

and other structures I.5 (+) Crop 

production

I.12 (+/-) Net return to 

farmer

1. Area of permanent 

vegetation that 

intercepts sheet flow

C.2 (+) Quality of 

receiving waters 

I.6 (-) Greenhouse 

gas emissions 

D.6 (+) Wildlife food 

and cover

D.2 (+) Adsorption 

and transformation 

of pollutants 

D.1 (+) Filtration D.4 (+) Infiltration

I.7 (+) Crop biomass/ 

carbon sequestration

D.5 (+) Forage 

production

I.3 (-) Dissolved 

contaminants 

(including nutrients) 

to sensitive areas

I.13 (+) 

Biodiversity

I.11 (-) Pesticide use

I.10 (+) 

Beneficial 

insects

C.6 (+) Habitat suitability, 

health to humans, 

domestic and wild animals 

D.8 (-) Crop 

production

D.7 (-) Airborne 

particulate matter,

(-) Chemical drift

C.4 (+) Air quality 

of the airshed 

I.8 (+) Nutrient 

absorption by 

organisms 

Start

Pathway

LEGEND

#. Created by practice

D. Direct effect

I. Indirect effect

C. Cumulative effect

Mitigating practice

Associated practice

Notes:

Effects are qualified with a 

plus (+) or minus (-). These 

symbols indicate only an 

increase (+) or a decrease (-) 

in the effect upon the 

resource, not whether the 

effect is beneficial or 

adverse.
EXHIBIT 31.b

I, Marc N. Teal, certify that:

1. I have reviewed this quarterly report on Form 10-Q of BCTC IV Assignor Corp. (the "Assignor");
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 registrant as of, and for, the periods presented in this report;
4. The registrant'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 registrant and have:



1. 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 registrant, 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;
2. 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 report based on such evaluation; and
3. disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and



1. The registrant's other certifying officer 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 functions):



1. 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 registrant's ability to record, process, summarize and report financial information; and
2. any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.



|May 15, 2007 | /s/ Marc N. Teal                                     
|------------ | -----------------------------------------------------
|             | Marc N. Teal                                         
|             | (Principal Financial Officer), BCTC IV Assignor Corp.
|             |