alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 20, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-50859

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIGUEL CARREON-PALACIO,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-99-CR-644-2-FB

--------------------

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Miguel Carreon-Palacio, federal prisoner # 19628-057,

is serving a 90-month sentence for possession with intent to

distribute marijuana. He appeals from the denial of the order

denying him a reduction in sentence under 18 U.S.C. § 3582(c)(2). 

He argues that Amendment 635 to the Sentencing Guidelines

clarified the law to allow for consideration of his mitigating

role under U.S.S.G. § 3B1.2 and should therefore be retroactively

applied to him. 
No. 02-50859

-2-

While we will consider the effect of “clarifying” amendments

on direct appeal, a different rule applies when the issue is

raised on collateral attack pursuant to 18 U.S.C. § 3582(c)(2);

“[E]ligibility for consideration under [18 U.S.C. § 3582(c)(2)]

is triggered only by an amendment listed in [U.S.S.G. 

§ 1B1.10(c)] that lowers the guideline range.” United States v.

Drath, 89 F.3d 216, 217-18 (5th Cir. 1996) (internal quotations

and citation omitted). Amendment 635 is not listed in U.S.S.G. 

§ 1B1.10(c); therefore, a reduction in sentence under 18 U.S.C. 

§ 3582(c) is inconsistent with the Sentencing Commission’s policy

statement, and the amendment cannot be given retroactive effect. 

See id. 

In light of the foregoing, the district court did not abuse

its discretion.

AFFIRMED.
##### 



EXHIBIT 10.37
 FORM OF RESTRICTED STOCK AGREEMENT
(EMPLOYEE VERSION as of MAY 2007)
 THIS RESTRICTED STOCK AGREEMENT
 WHEREAS
 WHEREAS
 NOW, THEREFORE
 1. Grant of Restricted Stock Award .
 2. Restrictions on Transfer of Shares Subject to Award .
  Percentage of AwardPeriod After Grant Date
    
    As to Which Restrictions LapseOne Year Anniversary
    
    331/3%Two Year Anniversary
    
    662/3%Three Year Anniversary
    
    100%
   
 49




---



##### 



3. Restrictive Covenants .
  Non-Disclosure of Confidential Information
 Non-Solicitation of Employees and Customers
   Non-disparagement
 Non-Competition
    50




---



##### 



Subsequent Assistance
 Reformation
 Disclosure of Information
 Cancellation and Other Remedies
     4. Non-Assignability of Award .
 5. Adjustments .
 6. Rights as Shareholder .
 51




---



##### 



7. Withholding .
 8. Notices .
 9. Governing Law .
 10. Provisions of Plan Controlling .
 11. Return of Signed Agreement .
 IN WITNESS WHEREOF
 GRANTEE
    
    CITIZENS REPUBLIC BANCORP, INC.By:William R. HartmanIts:
    
    
    
    Chief Executive Officer
 52
# C_2005035EN.01000901.xml

| 10.2.2005 | EN | Official Journal of the European Union | C 35/9 |
| --- | --- | --- | --- |

10.2.2005

EN

Official Journal of the European Union

C 35/9

---

Non-opposition to a notified concentration

(Case COMP/M.3535 — VAN DRIE/SCHILS)

(2005/C 35/05)

(Text with EEA relevance)

On 8 December 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32004M3535. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32004M3535. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00144-CV

Maegen Jeanine Fletcher, Appellant

v.

Pingora Loan Servicing, LLC, Its Successors and Assigns, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF WILLIAMSON COUNTY

NO. 18-1385-CC1, THE HONORABLE BRANDY HALLFORD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The parties have filed an agreed joint motion to dismiss this appeal. The parties 

have requested that this Court (1) vacate the trial court’s judgment and dismiss the cause without 

prejudice; (2) require the release of all supersedeas funds, including interest, if any, to Maegen 

Jeanine Fletcher; and (3) tax the costs of appeal against the party incurring them. The parties 

have also agreed that the mandate may issue early as allowed under Texas Rule of Appellate 

Procedure 18.1(c).

We grant the motion. We vacate the Williamson County Court’s judgment and 

dismiss the cause without prejudice. See Tex. R. App. P. 42.1(a)(2)(A); id. R. 43.2(e) (allowing 

court of appeals to vacate trial court’s judgment and dismiss case).
2

__________________________________________

Thomas J. Baker, Justice

Before Chief Justice Rose, Justices Baker and Triana

Dismissed on Joint Motion

Filed: March 11, 2020
In-Person Attendees: The Commercial/Industrial Pumps Working Group Meeting Meeting Date: Wednesday, June 18, 2014 Name Title Organization Street City State Zip Phone Fax Email Alascio, Jeff Product Group Manager ABB, Inc. 16250 W.Glendale Drive New Berlin WI 53151 262-785-3214262-780-5144 Barbour, Robert R.Vice President - New

Business Development TACO, Inc. 583 Bedford Street Fall River MA 02720 401-842-8000 x 822 508-674-6880 Boteler, Rob Principal Confluence Energy 2488 Annapolis Way St. Charles MO 63303-2905314-422-5270 N/A Case, Greg Senior Vice President -

Research TACO, Inc. 1160 Cranston Street Cranston RI 02920 401-942-8000 x 327 401-942-1980 Eckman, Tom Conservation Manager

Power Devision Northwest Power and Conservation Council (NPCC) 851 SW Sixth Avenue, Suite 1100 Portland OR 97204-1348503-222-5161 503-820-2370 Fernstrom, Gary Sr. Project Manager CA IOU(s) Pacific Gas & Electric (PG&E) 13055 Parkhurst Drive Oakland CA 94619 510-363-1787 N/A Handzel, Mark W. Vice President, Product

Regulatory Affairs Applied Water Systems Xylem 8200 North Austin Avenue Morton GroveIL 60053 847-983-5807 847-510-0441 Hu, Jiangang Project Engineer, Power

Electrical Rockwell Automation 6400 West Interprise DriveMequon WI 53092 262-512-2418262-512-7181 Huber, Albert F. President Patterson PO Box 790 Toccoa GA 30577 706-886-2101 x 2860 706-886-0023 Mauer, Joanna Technical Advocacy

Coordinator Appliance Standards Awareness Project (ASAP) 529 14th Street NW, Suite 600 Washington DC 20045 202-507-4034 N/A Potts, Douglas E. Senior Design Engineer American Water 1025 Laurel Oak Road Voorhees NJ 08043 856-727-6131 856-727-6139 Sivigny, Jay Marketing Manager Flowserve Corporation 5310 Taneytown Pike Taneytown MD 21787 410-756-3534410-756-3266 Starr, Louis Codes and Standards

Engineer Northwest Energy Efficiency Alliance (NEEA) 421 SW 6th Suite 600 Portland OR 97204 503-688-5438 N/A Towsley, Greg Director Regulatory and

Technical Affairs Grundfos Pumps Corporation 17100 West 118th TerraceOlathe KS 66061-6593913-227-3414559-346-6414 Waltner, Meg Manager, Building Energy

Policy Natural Resources Defense Council (NRDC) 111 Sutter Street, 20th Floor Aan FranciscoCA 94104 415-875-6187415-875-6161
<PAGE>   1

                                                                    EXHIBIT 10.6

                                 FIRST AMENDMENT
                                       TO
                            LOAN AND PLEDGE AGREEMENT

         THIS FIRST AMENDMENT TO THE LOAN AND PLEDGE AGREEMENT (this
"AMENDMENT") is made as of February 1, 2001 by and between World Commerce
Online, Inc., a Delaware corporation (the "COMPANY"), and Anthony Laver (the
"LENDER").

                                    RECITALS:

         WHEREAS, for value received, the Company and Lender executed a Loan and
Pledge Agreement dated as of January 4, 2001 (the "LOAN DATE") in the amount of
500,000 dollars ($ 500,000) (the "LOAN AGREEMENT"); and

         WHEREAS, the Company and the Lender agree to amend and modify the Loan
Agreement as of the Loan Date to clarify certain provisions.

         NOW THEREFORE, in consideration of the mutual promises contained herein
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows:

         1.       AMENDMENT TO THE LOAN AGREEMENT. The ", or" shall be deleted
from the end of Section 3.5(i), and the following shall be added:

 "or under substantially similar terms as those set forth in this Agreement, or"

         2.       EFFECTIVE TIME OF AMENDMENT. The amendment and modification to
the Loan Agreement as set forth in Section 1 above shall be retroactively
effective as of the Loan Date.

         3.       NON-MODIFICATION. Except to the extent amended and modified
hereby, all terms, provisions and conditions of the Loan Agreement shall
continue in full force and effect and remain unmodified and enforceable.

         IN WITNESS WHEREOF, the parties have executed this Amendment effective
as of the Loan Date.

                                    WORLD COMMERCE ONLINE, INC.


                                    By:  /s/ Mark E. Patten
                                       -----------------------------------------
                                       Mark E. Patten, Chief Financial Officer

                                    LENDER


                                    By: /s/ Anthony Laver
                                       -----------------------------------------
                                    Name: Anthony Laver
                                         ---------------------------------------
                                    Title: Director
                                          --------------------------------------
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                                       <C>
<PERIOD-TYPE>                                  12-mos
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-END>                              DEC-31-1997
<CASH>                                        (28,054)
<SECURITIES>                                   64,875
<RECEIVABLES>                                 105,350
<ALLOWANCES>                                   (9,032)
<INVENTORY>                                    96,907
<CURRENT-ASSETS>                              360,555
<PP&E>                                      3,384,418
<DEPRECIATION>                               (251,754)
<TOTAL-ASSETS>                              5,930,917
<CURRENT-LIABILITIES>                         591,835
<BONDS>                                     3,101,539
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                  1,478,288
<TOTAL-LIABILITY-AND-EQUITY>                5,930,917
<SALES>                                       235,502
<TOTAL-REVENUES>                              235,502
<CGS>                                         540,986
<TOTAL-COSTS>                               1,534,244
<OTHER-EXPENSES>                                5,472
<LOSS-PROVISION>                               11,277
<INTEREST-EXPENSE>                           (113,706)
<INCOME-PRETAX>                            (1,406,976)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                        (1,406,976)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                               (1,406,976)
<EPS-PRIMARY>                                       0
<EPS-DILUTED>                                       0
        


</TABLE>
Exhibit 32A   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 AutoInfo, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2008 as filed with the Securities and Exchange Commission (SEC) on the date hereof (the Report), I, Harry Wachtel, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and (2)        The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. A signed original of this written statement has been provided to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.  Date:
        May 14, 2008
  /s/ Harry Wachtel Harry Wachtel Chief Executive Officer (Principal Executive Officer)
<PAGE>   1
                                                                    EXHIBIT 21.1



                     SCHEDULE OF SUBSIDIARIES OF REGISTRANT



1.       Dynamex Operations East Inc., a Delaware corporation - 10,000
         authorized shares of common stock, $0.01 par value, 1,000 of which are
         issued and outstanding and registered in the name of Dynamex Inc.

2.       Dynamex Operations West Inc., a Delaware corporation - 10,000
         authorized shares of common stock, $0.01 par value, 1,000 of which are
         issued and outstanding and registered in the name of Dynamex Inc.

3.       Dynamex Canada Inc., a Canadian federal corporation (formerly Parcelway
         Courier Systems Canada Ltd., an Alberta corporation) - Unlimited number
         of authorized common shares, 100 of which are issued and outstanding in
         the name of Dynamex Inc.; Unlimited number of authorized preference
         shares, 3,750,000 of which are issued and outstanding in the name of
         Dynamex Inc.

4.       Alpine Enterprises Ltd., a Manitoba corporation - Unlimited number of 4
         Classes of Voting and 4 Classes of Non-voting common shares, 290 Class
         A Voting shares which are issued and outstanding in the name of Dynamex
         Canada Inc.

5.       Road Runner Transportation, Inc., a Minnesota corporation - 25,000
         authorized common shares (consisting of 7,000 voting, 5,000 non-voting
         and 13,000 undesignated), no par value; of which 4,363.9998 non-voting
         are issued and outstanding in the name of Dynamex Inc., and of which
         6,545 voting are issued and outstanding in the name of Dynamex Inc.

6.       New York Document Exchange Corp., a New York corporation - 200 shares
         of common stock are authorized, no par value, of which 150 shares are
         issued and outstanding in the name of Dynamex Inc.

7.       Cannonball, Inc., an Illinois corporation - 71,450 authorized shares of
         common stock, par value $1.00, of which 69,350 are issued and
         outstanding and registered in the name of Dynamex Inc.

8.       USC Management Systems, Inc., a New York corporation - 200,000
         authorized shares of common stock, no par value, 91.33 of which are
         issued and outstanding and registered in the name of Dynamex Inc.

9.       Dynamex Dedicated Fleet Services, Inc., a Delaware corporation - 10,000
         authorized shares of common stock, par value $0.01, 1,000 of which are
         issued and outstanding and registered in the name of Dynamex Inc.
#### Cass, Respondent, vs. City of Clintonville, Appellant.

For the appellant: *Roy H. Morris*of Clintonville.

For the respondent: *Brunner & Brunner*of Clintonville.

*By the Court.*

Judgment affirmed.

A motion for a rehearing was denied, with $25 costs, on June 4, 1929.
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• •
ADVANCED RESEARCH PROJECTS AGENCY

WASHINGTON 25, D.C.

ARPA Order No. 48-60

Amendment No. 7

Project Code No. 3100

October 8, 1959 DATE

TO: The Secretary of the Air Force

Washington 25, D.0

ARPA Order No. 48, dated December 16, 1958, as amended,

is hereby further amended to increase the fund availability by

$15,000,000 from $132,550,000 to a new total of $147,550,000

under appropriation and account symbol "97X113.002 Salaries

and Expenses, Advanced Research Projects Agency, Department

of Defense." This funding provides for work during the month

of October 1959.

John E. Clark

Rear Adm., USN

Acting Director

Copy to: Ommumider, AMC
# FIRST
AMENDMENT TODEVON OEI
OPERATING, INC.EXECUTIVE SUPPLEMENTAL
RETIREMENT PLANMEMBERSHIP
AGREEMENT

WHEREAS,
Devon OEI Operating, Inc. (the Company) and William L. Transier (the
Employee) have heretofore entered into a Membership Agreement (the
Agreement) evidencing the terms and conditions of the Employees
membership in the Devon OEI Operating, Inc. Executive Supplemental Retirement Plan (the
Plan); and

WHEREAS,
the Company and Employee desire to amend the Agreement in certain respects;

NOW,
THEREFORE, the Company and Employee hereby agree that, effective as of April
29, 2003, a new Section 11 is added to the Agreement to read as follows:

|1. |  | Notwithstanding anything in the Plan or this Agreement to the contrary,
upon Employees termination of employment with the Company and its
affiliates Employee shall receive, in lieu of an annuity under the Plan, an
amount equal to 100% of the Actuarial Equivalent (as such term is defined in the
Plan on February 23, 2003) of his then vested Accrued Benefit in a single lump
sum, which shall be paid as soon as reasonably practical after such termination.
Upon such payment, the non-vested portion, if any, of Employees Accrued
Benefit shall be forfeited and Employee shall cease to be a Member.
|-- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|2. |  | Employee hereby consents to the Company fully funding only the vested portion of
Employees Accrued Benefit under the Plan pursuant to Section 8.01 of the
Plan, as amended by the Third Amendment.
|-- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|3. |  | As
amended hereby, the Agreement is specifically ratified and reaffirmed.
|-- |  | -------------------------------------------------------------------------

EXECUTED
effective this April 29, 2003.

OCEAN
ENERGY, INC.

By:__________________
  Name:________________Title:_________________

EMPLOYEE

__________________________William L. Transier
Exhibit
32.2





CERTIFICATION
PURSUANT TO


18 U.S.C.
§ 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Point.360 ( the “Company”) on Form 10-K for
the period ended December 31, 2004, as filed with the Securities and Exchange
Commission (the “Report”), I, Alan R. Steel, Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:





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





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





/s/
Alan R.
Steel


Alan R.
Steel


Chief
Financial Officer


March 10,
2005
II 

114TH CONGRESS 

1ST SESSION S. 1307 

To amend section 1105 of title 31, United States Code, to require that 

the annual budget submissions of the Presidents include the total dollar 

amount requested for intelligence or intelligence related activities of each 

element of the Government engaged in such activities. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2015 

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

to the Committee on the Budget 

A BILL 

To amend section 1105 of title 31, United States Code, 

to require that the annual budget submissions of the 

Presidents include the total dollar amount requested for 

intelligence or intelligence related activities of each element of the Government engaged in such activities. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Intelligence Budget 

5 Transparency Act of 2015’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 1307 IS

1 SEC. 2. FUNDING FOR INTELLIGENCE ACTIVITIES OF EACH 

2 ELEMENT OF THE GOVERNMENT. 

3 Section 1105(a) of title 31, United States Code, is 

4 amended by adding at the end the following new para5 graph: 

6 ‘‘(40)(A) the total dollar amount proposed in 

7 the budget for intelligence or intelligence related ac8 tivities of each element of the Government engaged 

9 in such activities in the fiscal year for which the 

10 budget is submitted and the estimated appropriation 

11 required for each of the ensuing four fiscal years; 

12 and 

13 ‘‘(B) as used in subparagraph (A), the term 

14 ‘element of the Government’ refers to each element 

15 of the intelligence community as defined in section 

16 3(4) of the National Security Act of 1947 (50 

17 U.S.C. 3003(4)).’’. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS