alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

JONATHAN ORTIZ ESCALANTE, AKA

Superman,

Defendant

- Appellant. No. 21

- 30199

D.C. No. 3:14

- cr

- 00098

- RRB

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Alaska

Ralph R. Beistline, District Judge, Presiding

Submitted August 17, 2022 * *

Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.

Jonathan Ortiz Escalante appeals pro se from the district court’s order

denying his motion for compassionate release pursuant to 18 U.S.C.

§ 3582(c)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Escalante contends that he is entitled to release in light of the COVID

- 19

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

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

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

# FILED

AUG 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 30199

pandemic, his medical conditions, his release plan and rehabilitation, and because

he has served a portion of his sentence in lockdown conditions due to the

pandemic. The district court did not abuse its discretion in concluding otherwise.

S ee United States v. Aruda , 993 F.3d 797, 799 (9th Cir. 2021) (stating standard of

review) . The court considered Escalante’s medical conditions and circumstances,

but reasonably concluded that t hey did not constitute extraordinary and compelling

reasons for release because Escalante was in relatively good health , was receiving

adequate care, and had been fully vaccinated. The district court also reasonably

determined that the 18 U.S.C. § 3553(a) factors did not justify release due to

Escalante’s criminal history and the “ impact of his illegal conduct on the

community

. ” Escalante has not shown that the district court relie d on any clearly

erroneous findings of fact, see United States v. Graf , 610 F.3d 1148, 1157 (9th Cir.

2010) , nor is there any support in the record for his suggestion that the court

improperly treated U.S.S.G. § 1B1.13 as binding, see Aruda , 993 F.3d at 802.

AFFIRMED.
Exhibit 35.1

Servicer Compliance Statement of AmeriCredit Financial Services, Inc.

This Annual Statement as to Compliance is delivered to you pursuant to Section 4.10 (a) of the Sale and Servicing Agreement dated as of June 4,
2014 (the Agreement) and Item 1123 of Regulation AB, executed in connection with the formation of AmeriCredit Automobile Receivables Trust 2014-2 (the Trust), the issuance of the Notes by the Trust and the closing of the
transactions and the execution and delivery of the various documents by AmeriCredit Financial Services, Inc. (the Servicer) and AFS SenSub Corp. in connection therewith. The capitalized terms used herein shall have the same meanings as
in the Agreement.

The undersigned certifies that I am the Executive Vice President, Corporate Controller and Chief Accounting Officer of
the Servicer. I further certify as follows:



| | 1. | I have conducted, or caused to be conducted under my supervision, a review of the Servicer during the preceding period from January 1, 2015 through December 31, 2015, and its performance under the Agreement.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, following such review, the Servicer has fulfilled all its obligations under the Agreement throughout such period, and, to the best of my knowledge, there has been no default in the
fulfillment of any such obligation.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



AmeriCredit Financial Services, Inc.By:

/s/ Connie CoffeyConnie CoffeyExecutive Vice President, CorporateController and Chief Accounting Officer


Dated: March 25, 2016
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in Registration Statements on FormS-8 (File Nos. 333-135731, 333-107005, 333-39974, 333-33760, 333-80691, 333-28435, 333-20925) of our report relating to the consolidated financial statements of Pharmaceutical Product Development, Inc. dated February 24, 2009 (which reportexpresses an unqualified opinion and includes explanatory paragraphs relating to the adoption of FASB Interpretation No. 48, *Accounting for Uncertainty in Income Taxes – an interpretation of FASB Statement No. 109*, in 2007 andthe adoption of FASB Statement No. 158, *Employers’ Accounting for Defined Benefit Pension and Other Postretirement Plans – an amendment of FASB Statements No. 87, 88, 106, and 132(R)*, in 2006 and 2008), andmanagement’s report on the effectiveness of internal control over financial reporting also dated February 24, 2009, appearing in this Annual Report on Form 10-K of Pharmaceutical Product Development, Inc. for the year endedDecember 31, 2008. 

Raleigh, North Carolina 

February 24, 2009
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Notices]
[Page 21767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08967]


=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Committee Management; Renewal

    The NSF management officials having responsibility for the Advisory 
Committee for International Science and Engineering, #25104 has 
determined that renewing this committee for another two years is 
necessary and in the public interest in connection with the performance 
of duties imposed upon the Director, National Science Foundation (NSF), 
by 42 U.S.C. 1861 et seq. This determination follows consultation with 
the Committee Management Secretariat, General Services Administration.
    Effective date for renewal is April 15, 2015. For more information, 
please contact Crystal Robinson, NSF, at (703) 292-8687.

    Dated: April 15, 2015.
Suzanne Plimpton,
Acting, Committee Management Officer.
[FR Doc. 2015-08967 Filed 4-17-15; 8:45 am]
 BILLING CODE 7555-01-P
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4319 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4319

     To amend title 38, United States Code, to provide for certain 
    improvements in the laws relating to specially adapted housing 
       assistance provided by the Secretary of Veterans Affairs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2009

 Mr. Moran of Kansas introduced the following bill; which was referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
     To amend title 38, United States Code, to provide for certain 
    improvements in the laws relating to specially adapted housing 
       assistance provided by the Secretary of Veterans Affairs.

    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 ``Specially Adapted Housing Assistance 
Enhancement Act of 2009''.

SEC. 2. PILOT PROGRAM ON SPECIALLY ADAPTED HOUSING ASSISTANCE FOR 
              VETERANS RESIDING TEMPORARILY IN HOUSING OWNED BY A 
              FAMILY MEMBER.

    (a) Treatment of Certain Limitations.--Notwithstanding subsection 
(d) of section 2102 of title 38, United States Code, a grant under 
section 2102A of such title shall not count toward the dollar amount 
limitations specified in that subsection.
    (b) Termination.--Subsection (a) shall apply only to a grant made 
during fiscal year 2011.

SEC. 3. NATURE OF CERTAIN DISABILITIES PROVIDING FOR ELIGIBILITY FOR 
              SPECIALLY ADAPTED HOUSING ASSISTANCE FOR VETERANS.

    (a) Definition of Loss of Use.--
            (1) In general.--Chapter 21 of title 38, United States 
        Code, is amended by inserting before section 2101 the following 
        new section:
``Sec. 2100. Definition
    ``For purposes of this chapter, the term `loss of use' with respect 
to an individual's extremity means any loss of use for which the 
individual is entitled to receive compensation under chapter 11 of this 
title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting before the 
        item relating to section 2101 the following new item:

``2100. Definition.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to assistance provided on or after the date of the 
enactment of this Act.
                                 <all>
```
#### Foster-Thompson Lumber Company *v.*Brigham.

Opinion delivered April 23, 1928.

*30
      *McKay*& Smith, for appellant.

*Wade Kitchens,*for appellee.

Kirby, J.,

(after stating the facts). Appellant urges that the decree should he reversed, not being supported by the evidence, and this contention must be sustained.

The undisputed testimony shows the clause, “$50 per year for extension until cut,” was not in the draft of the timber deed to Drake and Harper, under which Brigham claims, when prepared for execution, and one of the grantees testified he wrote it in at the direction of the grantor, Atkins, before it was signed by him. Atkins denied,- however, that there was any such agreement, and that the deed when executed by him contained said clause. It was a material change in the terms of the instrument, and, the alteration appearing on the face of it, the burden of explaining such alteration was on the party claiming under the instrument. This burden could not be discharged by the testimony alone of one o'f the members of the partnership grantee, that the alteration was interlined by him at the suggestion of the grantor before signature, when the grantor denied not only that any .such agreement was made but also stated that the instrument did not contain the interlined clause when it was executed by. him. Neither the scrivener who prepared the deed for execution nor the officer who. took the acknowledgment thereto testified in the case. The grantor, immediately upon the expiration of the time allowed for removal of the timber in the original deed, made a new conveyance of it to the appellant company, such action being consistent with his statement that the alteration in the deed was unauthorized by him, and the preponderance of the testimony did not support the claim of a tender having-been made of the amount necessary to extend the term for another year *for*removal of the timber, as provided in the interlined alteration.

*31The chancellor’s findings to the contrary are clearly against the preponderance of the testimony, and the decree will be reversed, and the canse remanded with directions to make permanent the temporary injunction granted. It is so ordered.
[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Notices]
[Page 22175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09180]



[[Page 22175]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1475-000]


North Star Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204 
Authorization

    This is a supplemental notice in the above-referenced proceeding, 
of North Star Solar, LLC's application for market-based rate authority, 
with an accompanying rate schedule, noting that such application 
includes a request for blanket authorization, under 18 CFR part 34, of 
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability is May 5, 2015.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive email notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC Online service, please email <a href="/cdn-cgi/l/email-protection#0d4b485f4e4263616463685e787d7d627f794d6b687f6e236a627b"><span class="__cf_email__" data-cfemail="460003140509282a2f282315333636293432062023342568212930">[email protected]</span></a>. or 
call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: April 15, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-09180 Filed 4-20-15; 8:45 am]
 BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
No. PD-0389-15

IN THE

COURT OF CRIMINAL APPEALS

OF TEXAS

SITTING ATAUSTIN, TEXAS

ADRIAN THOMAS WALKER

Appellant

THE STATE OF TEXAS

Appellee

RECEIVED IN

COURT OF CRIMINAL APPEALS

APR 24 2015

Abel Acosta, Clerk

FILED IN

COURT OF CRIMINAL APPEALS

APR 24 2015

Abel Acosta, Clerk

On Petitionfor Discretionary Reviewfrom the Fifth Court ofAppeals

Sitting at Dallas, Texas

in Cause No.

05-14-00148-CR

On appealfrom 283r Judicial District Court

ofDallas County, Texas

In Cause No. F12-35059-T

MOTION FOR AN EXTENSION OF TIME

IN WHICH TO FILE

PETITION FOR DISCRETIONARY REVIEW
COMES NOW Adrian Thomas Walker, Appellant, and respectfully submits

this Motion for an Extension of Time in Which to File Petition for Discretionary

Review in the above entitled and numbered cause. In support ofthis Motion, Appellant

would show this Honorable Court the following:

I.

Appellant was charged by indictment with the offense of aggravated sexual

assault of a child under the age of six. (CR: 9). The indictment was amended to

aggravated sexual assault of a child under the age of 14. (CR: 64). Appellant pled

guilty to the primary charge in the amended indictment. (RR2: 12-13). Ajury trial was

held regarding punishment, and the jury assessed punishment at 20 years and a $10,000

fine. (RR4: 223). Judgment was entered by the trial court on January 30, 2014. (CR:

70). A notice of appeal was timely filed. (CR: 73).

II.

Appellant's conviction was affirmed in the Court of Appeals on February 27,

2015 in an unpublished opinion. Walker v. State, No. 005-14-00148-CR, 2015 Tex.

App. LEXIS 1945 (Tex. App. - Dallas, February 27, 2015).

III.

The facts relied upon to show good cause for this requested extension are as follows:

1. Appellant was represented by court appointed counsel during appeal of

this case to the Court of Appeals.
2. Appellant wishes to proceed pro se and additional time will be needed to

prepare and file the Petition pro se or to seek other legal assistance in filing

the Petition.

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully requests

that this Honorable Court extend the time for filing a Petition for Discretionary Review

for thirty days.

Respectfully submitted,

CERTIFICATE OF SERVICE

I certify that a true copy ofthe foregoing Motion for Extension ofTime to File a

Petition For Discretionary Review was served on Lori Ordiway, counsel for the State,

Dallas County District Attorney's Office, 133 N. Riverfront Blvd., LB-19,10th Floor,

Dallas, Texas 75207, Cyw $x%\<> .

I further certify that a true copy ofthe foregoing Motion for Extension ofTime

to File a Petition For Discretionary Review was served on Lisa C. McMinn, the State's

Prosecuting Attorney, P.O. Box -13046, Capitol Station, Austin, Texas 78711, on
<PAGE>

                                                                    EXHIBIT 99.2


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


In connection with the Annual Report of Velocity Express Corporation (the
"Company") on Form 10-K for the period ended June 29, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Mark E.
Ties, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.1350, as adopted pursuant to Section 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 results of operations
          of the Company.


                                       /s/ Mark E. Ties
                                       -----------------------------------------
                                       Mark E. Ties
                                       Chief Financial Officer
                                       September 27, 2002
**Exhibit E-9**

**CERTIFICATION**

     Pursuant to Section  906 of the Public Company Accounting Reform and Investor Protection Act of 2002  (18 U.S.C. § 1350, as adopted), Stuart Cruickshank, the Group Finance Director  of Eidos plc (the "Company''), hereby certifies that, to the best of his  knowledge:

**1.**The Company's Transition Report on Form 20-F for the quarter ended June 30, 2002, to which this Certification is attached as  Exhibit E-9 (the "Transition Report''), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act  of 1934, as amended; and

**2.**The information contained in the Transition Report fairly presents, in all material respects, the financial condition of the Company at  the end of the period covered by the Transition Report and results of operations of the Company for the period covered by the Transition  Report.

Dated: September 27, 2002

/s/Stuart Cruickshank  Stuart Cruickshank  Group Finance Director

E9-1

----
July 15,2015 

Ms. Brenda Robeson 

Program Analyst 

U.S. Department ofTransportation 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 ' 

RE· Exempti fro T.tl · on m 1 e 14, Code of Federal Regulations (1 4 CFR) 

~;'vi<Ic. 

ln a ~~erda~ July_ 8, 2015 .the _Federal Aviation Admiuistrat.ion (t.AA) requested that 1 

ac!c!monal ~orma~on ~ orde~ to comply with the requirements of§ 11.81. Th.e 

Jetter 

empnon reQUested request ts dCS:nbed m detail on the public docket (No. FAA-201 ).10!17). Tho 

thJit J'rovsdo tho l'ollvwing ll(!OiOOnal information: 

• The reAsons why grunting the: request would be in the public interest; that is, how tt would benefit the public as a whole. 

• Aily additional information, views or 3J'llltmen~ <>v!ill<>blc to ""PI''" t 1 uur request. 

In response to the FAA's request I am providing the follo\\<ing information: 

of 

Aerial photography, as described in my exemption request, bas existed for a long period 

private 

time utilizing manned fixed-wing and rotor-wing aircraft. For the small business or 

individual the expense of fixed-wing and rotor• wing aircraft is cost prohibitive. 

For the past decade the operating cost of fixed-wing and rotor-wing aircraft has 

skyrocketed. This is primarily due to increased fuel and insurance costs. This high cost 

bas prevented small business and/or private individuals for utilizing manned aircraft of 

aerial photography for tasks such as marketing, survey and fme art purposes. 

Additionally the use of manned fixed-wing and rotor-wing aircraft carries a higher 

element of risk than small-unmanned aircraft systems. A catasTrophic crash of a manned 

fixed-wing and rotor-wing aircraft often results in loss of life and significant property 

damage. Small-unmanned aircraft systems pose a significantly lower risk due to size, 

aircraft 

speed, the nonexistence of flammable fuel ~d their unmanned nature .. S~l-unman~ed 

systems also reduce environmental unpacts such as reduced eiDJSSions and notse. 
Please contact me should you require further information. 

'"""'"· ~ 

Travis . rown 

Chief Operating Officer 

Sky Vue Technologies. LLC dlbla Travis Jay Brown Photography 

912 S. Alfred Street 

Alexandria, VA 22314
exv10w18





Exhibit 10.18



Indemnification Agreements



The following current directors of NuPathe Inc. are each a party to an Indemnification Agreement
with NuPathe Inc. consistent in all material respects with the Form of Indemnification Agreement
which is filed as Exhibit 10.17 to Amendment No. 1 to NuPathe Inc.’s Registration Statement on Form
S-1 filed June 15, 2010.




Michael Cola

Jeanne Cunicelli

Michael C. Diem, MD

John H. Dillon, II

Jane H. Hollingsworth

Richard S. Kollender

Gary J. Kurtzman, MD
<PAGE>

                                                                    EXHIBIT 32.2

            CERTIFICATION OF THE CHIEF FINANCIAL OFFICER 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 Annual Report of Kensey Nash Corporation (the "Company")
on Form 10-K for the fiscal year ended June 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Wendy
F. DiCicco, Chief Financial 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; and

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

Date: September 29, 2003
                                          By: /s/ WENDY F. DICICCO
                                            ------------------------------------
                                            Wendy F. DiCicco
                                            Chief Financial Officer