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that this opinion should not be published and is not precedent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

November 9, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-50718

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

QUINCY LAMAR ALEXANDER,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 1:05-CR-11-ALL

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

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Quincy Lamar

Alexander raises arguments that are foreclosed by United States

v. Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held

that Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render

21 U.S.C. § 841 unconstitutional on its face. The Government’s

motion for summary affirmance is GRANTED, and the judgment of the

district court is AFFIRMED.
|              |  |                
|------------- |  | ---------------
|CERTIFICATION |  | Exhibit (31)(2)



I, William T. Hanelly certify that:



1. I have reviewed this quarterly report on Form 10-Q of C-COR.net Corp.;



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:



(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 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;



(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 report based on such evaluation; and



(c) 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 that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. 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:



(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 registrant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 registrants internal control
over financial reporting.



|                       |  |  |  |                                           
|---------------------- |  |  |  | ------------------------------------------
|                       |  | 
|Date: February 6, 2004 |  |  |  | /s/ William T. Hanelly                    
|                       |  |  |  |                                           
|                       |  |  |  | William T. Hanelly Chief Financial
Officer
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0001015610
<NAME> GOLD BANC CORPORATION, INC.
<MULTIPLIER> 1,000
<CURRENCY> U. S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          59,602
<INT-BEARING-DEPOSITS>                           7,022
<FED-FUNDS-SOLD>                                20,575
<TRADING-ASSETS>                                 9,245
<INVESTMENTS-HELD-FOR-SALE>                    267,310
<INVESTMENTS-CARRYING>                              25
<INVESTMENTS-MARKET>                                25
<LOANS>                                        946,250
<ALLOWANCE>                                     12,233
<TOTAL-ASSETS>                               1,407,379
<DEPOSITS>                                   1,086,537
<SHORT-TERM>                                    79,364
<LIABILITIES-OTHER>                             15,929
<LONG-TERM>                                    138,535
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,698
<OTHER-SE>                                      69,316
<TOTAL-LIABILITIES-AND-EQUITY>               1,407,379
<INTEREST-LOAN>                                 72,753
<INTEREST-INVEST>                               14,369
<INTEREST-OTHER>                                 2,758
<INTEREST-TOTAL>                                89,880
<INTEREST-DEPOSIT>                              39,045
<INTEREST-EXPENSE>                              48,793
<INTEREST-INCOME-NET>                           41,087
<LOAN-LOSSES>                                    1,602
<SECURITIES-GAINS>                                 133
<EXPENSE-OTHER>                                 42,746
<INCOME-PRETAX>                                 14,806
<INCOME-PRE-EXTRAORDINARY>                      14,806
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,803
<EPS-BASIC>                                       0.57
<EPS-DILUTED>                                     0.57
<YIELD-ACTUAL>                                    3.41
<LOANS-NON>                                      2,519
<LOANS-PAST>                                       960
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                10,752
<CHARGE-OFFS>                                    2,712
<RECOVERIES>                                       761
<ALLOWANCE-CLOSE>                               12,233
<ALLOWANCE-DOMESTIC>                            12,233
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
# }/DP Maryland

# Departmentof Planning Rivbard Eberhart Hall Marti" 0 '.\!allry Strntary Govemor Martbe»]. POIIItr A"th0'!YG. BrolP" U. Governor Dtpllty Smrtary April 4, 2008

Ms. Deborah Rabin Regulations Coordinator, Air & Radiation Management Administration Maryland Department ofthe Environment 1800 Washington Boulevard Suite 730 Baltimore, MD 21230 REVISED STATE CLEARINGHOUSE REVIEW PROCESS

State Application Identifier: MD20080320-0236 Project Description: Air Quality Regulation Amendments: Clean Air interstate rule requirements; a Conformity regulation; prevention ofSignificant Deterioration requirements: public hearing April 30, 2008 Project Location: Maryland Clearinghouse Contact: Bob Rosenbush Dear Ms. Rabin: Thank you for submitting your project for intergovernmental review. Participation in the Maryland Intergovernmental Review and Coordination (MIRC) process helps ensure project consistency with plans, programs, and objectives ofState agencies and local**~overnments.** Notice ofyour application is being provided to State and local public officials through the 

### IntergovernmentalMonitor, which is a weekly Internet publication identifying projects received by the State Clearinghouse for Intergovernmental Assistance. This document may be viewed at http://www.mdp.state.md.us/CLHOUSE/monitorfy04.htm. The project has been assigned a unique State Application Identifier that should be used on all documents and correspondence. All MIRC requirements have been met in accordance with Code ofMaryland Regulations (COMAR 14.24.04) and this concludes the review process for the above referenced project. If you need assistance or have questions, contact the State Clearinghouse staff person noted above at 410-767-4490 or through e-mail atbrosenbush@mdp.state.md.us

. Thank you for your cooperation with the MIRC process. Sihcerely,

Linda C. Janey, J.D., Assistant Secretary for Clearinghouse and Communications LCJ:BR Enclosure cc: Kathleen Blinebury - U.S. Environmental Protection Agency"
08-0236 _NM N£Wdoc

JOI Wm

### Pressa« Slmt • SNitt 1101 • Baltiff/orr, Maryla"d 21201-2305 T,Itpho"t: 410.161.4500 • Fax:410.161.4480 • TollFre« 1.877. 767.6272 • TTY UIm: Maryland IVIqy I"I,mtt:/VlIIUI.MDP.Itatt.ff/d.III
l. n:\). &:L-f" + ~~­

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c_l_.., SS ho o ..._ 1' ... ..,; ........ *-:.. 3,f ,JL A'ie - \1-M.P. S-:·--~o-\-s_::-·-( ~) - -

@'pp roved for Release by NSA on 07-25-2013 pursuantto E .0. 1352a
# CE2004084EN.01013301.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/133 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/133

---

(2004/C 84 E/0170)

WRITTEN QUESTION E-4026/03

by Nicholas Clegg (ELDR) to the Commission

(9 January 2004)

Subject:   Precious Metals Directive

Subject:

Given the Council of Minister's failure to reach agreement on the Precious Metals Directive during the Italian Presidency, will the European Commission withdraw its proposal on Articles made of precious metal (1)? If not, why not?

1

Answer given by Mr Liikanen on behalf of the Commission

(11 February 2004)

(11 February 2004)

The Committee of Permanent Representatives on 19 November 2003 did not consider the subject ready for discussion in the Council of Ministers.

As there continue to be divergent views on the proposal for the directive in Council, the Commission will consider its position and duly inform the Honourable Member on its further course of action.

---

(1)  COM(1993)0322, OJ C 318, 25.11.1993, p. 5.

1

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       7,284,092
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             7,284,092
<PP&E>                                      33,185,708
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              40,469,800
<CURRENT-LIABILITIES>                          140,819
<BONDS>                                      1,293,112
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  39,035,869
<TOTAL-LIABILITY-AND-EQUITY>                40,469,800
<SALES>                                      1,145,069
<TOTAL-REVENUES>                             1,248,721
<CGS>                                          365,717
<TOTAL-COSTS>                                  365,717
<OTHER-EXPENSES>                               437,949
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                445,055
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            445,055
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   445,055
<EPS-PRIMARY>                                     5.35
<EPS-DILUTED>                                     5.35
        

</TABLE>
May 29, 2015 

Mr. Kenneth Leake 

14835 S. Boyd Street 

Sapulpa, OK 74066 

Dear Mr. Leake.: 

This letter is to inform you that we are unable to process your request for an exemption. It 

explains why we can not process your request and what you should do in the next 30 days. 

Why We Can Not Process Your Request 

We entered your April 23, 2015, exemption request on behalf into the public docket 

(No. FAA-2015-1171), but we are unable to process your request any further. The 

information you sent does not comply with the requirements of § 11.81 (copy enclosed). For 

us to consider the request any further, you must send us all of the following: 

 The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reason you seek relief. 

 The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole. 

 The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption. 

 Any additional information, views, or arguments available to support your request. 

What You Should Do 

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption. 
2 

If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677. 

Sincerely, 

/s/ 

Brenda Robeson 

Program Analyst, Airmen and 

 Airspace Rules Division 

Enclosure
REF ID:A415.33 ' 

~. s. s. tlilU . De~ment ot Kathf:mlt\t1e• 

Box 708; Fine Rall . PrtncetOJi Uni'lft'a1't7 

PJ:ttnoeton, low J•r..-r 

neu ssa~ 

,,,... 

1 3. APR 1954 

· xn ftf'•l'tnce to 1Q' lctta ot U Feb~ 1951t- '1hicb aoliclted 

fOlU' further eouit\el'&t1·on, :irtor to the next~ ...una, ot · · caaditate1·. lar our po11t1on ot Deputy Df.H~ tctt Rca-.rch U!4 " 

»welnp9nt, I te.te :pt.asun in tn.f~ 10\4 tbat ·•·· A. 1. Clai-k1 

·a '¥'ice P"•1dent of the B•ll ~t"'lephonl X..llorator1••1 Inc., baa 

•cieevte4 ttte pogts.cm ten&t1'tf4 bl• recent~ bf a..nl ·c.nt•· 

It 18 ant1eipat.t tbat ht Vill ~the Agb!J'f QD an •:pprold. ... 

•1:4111' balt~1• bat:l• tot the next •~ .cntM uatU. bl retirff 

ft<* ITL, and. that sub.Mquent thereto~ be VS.11 aal\1Jllt hi• h..t1•• 

in -. on • tulJ. ... ts. bu1s. . . 

I'<*' J'OU1.9 1ntol'lll\timi X am. i~clo11ug 'biQOa»hJ.eal. S.nforat1on 

pertaining to ~.:cla1*, llbo., X aa gi.4 to sq, expect• to be 

~lent to meet ':'11th• 'B~d .metiber• on 20 .. 21 April. · 

Incloanre ... e/s 

S:lnctU't}7, 

WlLLIAMP.~ 

Ent\\tl'ff Se~arytr"..A Scient1tic Advi•Ol7 Icard 

M/n~ linno®ces appointlllnt of Mr. fl.. ll. !:llt.l'• t\IJ DD/a&D t~ mernbet-1 

o£ the Nr~$AB. · 

ir McDonal4]ietr .. t,USAl' I 

Aeat to H/NJ'•i~/ero 

pp roved for Release by NSA on 12-01-2014 pursuant 

o E.O. 13526
EX-10.5 Amendment to the Time Warner Inc.






Exhibit 10.5




AMENDMENT TO THE

TIME WARNER INC. 1999 STOCK PLAN




     As approved by the Compensation and Human Development Committee of the Board of Directors of
Time Warner Inc. on July 30, 2008, the Time Warner Inc. 1999 Stock Plan (the “Plan”) shall be
amended as follows:



     1. Effective on October 1, 2008, the definition of “Fair Market Value” set forth in Section 2
of the Plan shall be amended by deleting such definition and replacing it with the following:




“Fair Market Value means, on a given date, (i) if there should be a public
market for the Shares on such date, the closing sale price of the Shares on the New
York Stock Exchange Composite Tape, or, if the Shares are not listed or admitted on
any national securities exchange, the average of the per Share closing bid price and
per Share closing asked price on such date as quoted on the National Association of
Securities Dealers Automated Quotation System (or such market in which such prices
are regularly quoted) (the “NASDAQ”), or, if no sale of Shares shall have been
reported on the New York Stock Exchange Composite Tape or quoted on the NASDAQ on
such date, then the immediately preceding date on which sales of the Shares have
been so reported or quoted shall be used, and (ii) if there should not be a public
market for the Shares on such date, the Fair Market Value shall be the value
established by the Administrator in good faith.”



     2. This Amendment shall not amend or affect the exercise price of any stock options granted
under the Plan prior to October 1, 2008.



Date: September 10, 2008




 

TIME WARNER INC.




	 	 	 
	By:
	 	/s/ Harry L. Spencer

	 	 	 

	 	 	Harry L. Spencer

	 	 	Vice President, Global Benefits & HR Operations
<PAGE>



                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Intermagnetics General Corporation
(the "Company") on Form 10-Q for the year ending August 29, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Michael K. Burke, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as added by ss. 906 oF the Sarbanes-Oxley Act of 2002, that:

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

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



/s/ Michael K. Burke*
---------------------------
Michael K. Burke
Executive Vice President and Chief Financial Officer
January 4, 2005



* These certifications are being furnished as required by Rule 13a-14(b) under
the Securities Exchange Act of 1934 (the "Exchange Act") and Section 1350 of
Chapter 63 of Title 18 of the United States Code, and shall not be deemed
"filed" for purposes of Section 18 of the Exchange Act or otherwise subject to
the liability of that Section. These certifications shall not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or
the Exchange Act, except as otherwise stated in such filing.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MIGUEL HERNANDEZ

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 19

- 2929

[ November 14, 2019 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Fifteenth Judicial Circuit, Palm Beach County ; Rosemarie Scher

, Judge; L.T. Case No. 2014CF010002AXX

.

Miguel Hernandez, Doral, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

G ROSS

, M AY and C ONNER

, JJ ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**EXHIBIT 23.1**

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

The Board of Directors

PETCO Animal Supplies, Inc.: 

We consent to the incorporation by reference in the registration statements (Nos. 333-84130 and 333-100397) on Form S-8 and (Nos. 333-112590 and 333-102512) on Form S-3 of our reports dated March 27, 2006, withrespect to the consolidated balance sheets of PETCO Animal Supplies, Inc. and subsidiaries as of January 28, 2006 and January 29, 2005, and the related consolidated statements of operations, stockholders’ equity (deficit), and cashflows for each of the years in the three-year period ended January 28, 2006, management’s assessment of the effectiveness of internal control over financial reporting as of January 28, 2006, and the effectiveness of internal controlover financial reporting as of January 28, 2006, which reports appear in the January 28, 2006, annual report on Form 10-K of PETCO Animal Supplies, Inc. 

/s/ KPMG LLP 

San Diego, California 

March 30, 2006
<PAGE>

                                                                      EXHIBIT 11
                                                                      ----------

                               BROOKSTONE, INC.

               Computation of Basic and Diluted Earnings (Loss)
                               Per Common Share
                     (In thousands, except per share data)
                                  (Unaudited)

<TABLE>
<CAPTION>
                                                                           Thirteen  Weeks Ended
                                                                   -------------------------------------
                                                                     May 1, 1999            May 2, 1998
                                                                   --------------          -------------
<S>                                                                <C>                     <C>
Net loss                                                              $(4,624)                 $(4,417)
                                                                     ==========               ==========
Weighted average number of common shares
 outstanding                                                            8,095                    7,889

Effect of dilutive securities:
   Stock options                                                           --                       --
                                                                     ----------               ----------
Weighted average number of common shares
 as adjusted                                                            8,095                    7,889
                                                                     ==========               ==========


Net loss per share - basic/diluted                                    $ (0.57)                 $ (0.56)
                                                                     ==========               ==========
</TABLE>