alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Shaun Alan GLAZE, Defendant-Appellant

No. 17-50045 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed October 16, 2017

Joseph H. Gay, Jr,, Margaret Mary Em-bry, Assistant U.S. Attorneys, U.S. Attor-ne/s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee

Shaun Alan Glaze, Pro Se

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: *

Shaun Alan Glaze appeals the 57-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm. Glaze argues that the district court erred by imposing an enhancement pursuant to U.S.S.G. § 2K2.1(b)(6)(B) because the Government failed to proffer sufficient evidence to establish that he was engaged in drug trafficking.

As Glaze’s objection below, which was based upon the firearm’s lack of proximity to the drugs and drug paraphernalia at issue, failed to alert the district court sufficiently to his current argument, plain error review applies. *See United States v. Mondragon-Santiago,*564 F.3d 357, 361 (5th Cir. 2009). A district court’s determination that a firearm was possessed in connection with another offense for purposes of § 2K2.1(b)(6)(B) is a factual' finding. *See United States v. Coleman,*609 F.3d 699, 708 (5th Cir. 2010). “Questions of fact capable of resolution by the district court upon proper objection at sentencing can never constitute plain error.” *United States v. Lopez,*923 F.2d 47, 50 (5th Cir. 1991); *accord United States v. Delacruz,*801 F.3d 508, 512 (5th Cir. 2015). Thus, Glaze necessarily fails to show plain error. *See Mondragon-Santiago,*564 F.3d at 361.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
# Department of Pesticide Regulation

Mary-Ann Warmerdam

Director 

### M E M O R A N D U M Arnold Schwarzenegger

Governor

1001 I Street • P.O. Box 4015 • Sacramento, California 95812-4015 • www.cdpr.ca.gov

A Department of the California Environmental Protection Agency

Printed on recycled paper, 100% post-consumer--processed chlorine-free. TO: James Goldstene

Executive Officer

Air Resources Board

1001 I Street Sacramento, California 95814 MaryLou Verder-Carlos FROM: Christopher W. Reardon for Chief Deputy Director

916-445-4000

DATE: October 5, 2009

SUBJECT: AMENDMENT TO THE PEST ICIDE ELEMENT OF THE OZONE STATE

IMPLEMENTATION PLAN

On April 17, 2009, the Department of Pesticide Regulation (DPR) adopted amendments to the pesticide element of the State Implementation Plan (SIP) for ozone. This amendment replaces the pesticide SIP commitment included in the 2007 State Strategy that was adopted by the Air Resources Board in September 2007.

The amendment and documents required under Title 40, Code of Federal Regulations section 51.102 are enclosed. At your convenience, please submit these documents to the U.S. Environmental Protection Agency (U.S. EPA) for inclusion into California’s SIP for ozone for the San Joaquin Valley (SJV).

For your convenience, this packag e includes hard copies and el ectronic copies on CD-ROM of the following documents for submittal to U.S. EPA:

Enclosure 1: DPR Director’s Decision to A dopt and the Proposed SIP Commitment for the

SJV.

Enclosure 2: Staff Report on the DPR’ s Proposed SIP Commitment for SJV.

Enclosure 3: Copies of newspaper advertisements in the area affected (SJV) showing that the public was given more than 30-day notice of each hearing.

Enclosure 4: A copy of the e-mail no tice sent to interested parties and a listing of the interested parties, including U.S. EPA Region 9 sta ff and the impacted air pollution control district (SJV).

Enclosure 5: A copy of the final statement of reasons for the development of amendments to Title 3, California Code of Regulations section 6452.2 which includes responses to comments on the development of the SIP amendment.James Goldstene October 5, 2009 Page 2

Enclosure 6: A copy of the November 5, 2008 memorandum from Rosemary Neal to Randy Segawa describing the methodology us ed to estimate pesticide volatile organic compound emissions.

If you have any questions, please feel free to cont act me or Mr. Randy Segawa, of my staff, at 916-324-4137. Many thanks for your assistance and support.

cc: Mary-Ann Warmerdam, DPR Director (w/o Enclosures) Randy Segawa, DPR Environmental Pr ogram Manager (w/o Enclosures)
<PAGE>

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I,  JOHN PLATT, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form
10-KSB  of  Custom Branded Networks, Inc., Inc. for the year ended June 30, 2002
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange  Act of 1934 and that the information contained in the Annual Report on
Form 10-KSB fairly presents in all material respects the financial condition and
results  of  operations  of  Custom  Branded  Networks,  Inc.




                                      By:  /s/ JOHN  PLATT
                                          ------------------------------
                                           Name:    JOHN  PLATT
                                           Titles:  Chief  Executive  Officer
                                                    Chief  Financial  Officer

                                           Date:    October  15,  2002
# U.S. Navy Speeches Feed

Speeches from U.S Navy.

- SECNAV Del Toro Delivers Remarks at the USS Constellation (FFG 62) Keel Laying SECNAV Del Toro&#39;s &quot;as prepared&quot; remarks at the USS Constellation (FFG 62) Keel Laying ceremony, April 12.
- SECNAV Delivers Keynote at Sea Air Space Luncheon Secretary of the Navy Carlos Del Toro delivered the keynote address at Sea Air Space 2024 in National Harbor, Md., April 9.
- SECNAV Delivers Remarks for Navy Education for Seapower Advisory Board Open Forum Secretary of the Navy Carlos Del Toro delivered remarks to the&nbsp;Navy Education for Seapower Advisory Board Open Forum at the Naval War College in Newport, Rhode Island, April 4.
- Continued, Collective, Commitment Secretary of the Navy Carlos Del Toro delivered a speech, &quot;Continued, Collective, Commitment,&quot; at the transfer of authority ceremony for the closure of the Red Hill Bulk Fuel Storage Facility in Hawaii, March 28.&nbsp;
- Secretary of the Navy Carlos Del Toro Delivers Remarks at USS Bataan (LHD 5) Homecoming Secretary of the Navy Carlos Del Toro spoke to reporters at the homecoming of USS Bataan (LHD 5) in Norfolk, Virginia, March 21.
- CNO Delivers Remarks at 15th McAleese Defense Programs Conference Chief of Naval Operations Adm. Lisa Franchetti delivers remarks during the 15th annual McAleese Defense Programs Conference in Washington D.C., March 7, 2024.
- SECNAV Delivers Remarks at 2024 McAleese Defense Programs Conference Secretary of the Navy Carlos Del Toro delivered remarks at the 15th annual&nbsp;McAleese Defense Programs Conference in Washington, D.C., March 7.
- SECNAV Del Toro Announces the Department of the Navy (DON) Maritime Economic Deterrence Executive Council (MEDEC) Secretary Del Toro announced the Department of the Navy (DON) Maritime Economic Deterrence Executive Council (MEDEC) during remarks and a moderated panel discussion hosted by the Aspen Institute and powered by the Bloomberg Foundation with VADM Francis Morley, Feb. 22.
- SECNAV Del Toro Delivers Remarks at USNS James D. Fairbanks (T-ATS 13) Naming Celebration SECNAV Del Toro delivers remarks at USNS James D. Fairbanks (T-ATS 13) Naming Celebration at the&nbsp;National Museum of the American Indian, Washington, DC, Feb. 21, 2024.
- SECNAV Del Toro Delivers Principal Address at USS John L. Canley (ESB 6) Commissioning SECNAV Del Toro delivers Principal Address at USS John L. Canley (ESB 6) Commissioning. Remarks are as delivered.
Exhibit








Exhibit 10.31

PRIVATE AND CONFIDENTIAL


February 1, 2018 
Amit Sharma
A-20 Niti Bagh 
New Delhi-110049


Re:      India Assignment


Dear Amit Sharma:


On behalf of American Tower Corporation (“ATC”), we congratulate you on, and intend by this letter to clarify your international assignment to the employment of ATC India Infrastructure Private Limited (“ATC Infra”) based in Gurgaon, India.


This assignment has an effective start date of February 1, 2018. ATC Infra will issue you an employment letter to absorb you into its employment (such period of assignment, the “Indian Employment Period”). Please note that you are not being assigned to ATC Infra in order to render services for ATC or on ATC's behalf. Rather, the work undertaken for ATC Infra (“ATC Infra Work”) shall be deemed solely undertaken for ATC Infra, shall be distinct from work undertaken by you for the Company and, during the Indian Employment Period, ATC shall not be responsible for any acts or omissions committed by you with respect to ATC Infra Work. Rather, you will be rendering the ATC Infra Work to ATC Infra solely as its employee and will be under its sole supervision and control with respect to the ATC Infra Work for the entirety of the Indian Employment Period. However, your service at ATC Infra will be included in calculating your overall service in the group.


Mr. Pankaj Mittal will be your principal contact in India. He will help you maintain key contacts within ATC Infra and will, if required, participate in merit increase, bonus and share allocation discussions (if any). Mr. Mittal will also be your principal HR contact in the Company.


To facilitate your assignment, and for other administrative or business purposes, ATC and ATC Infra may share information that they maintain about you, such as information about your work qualifications, compensation or benefits enrollments, either with one another or with other agents or affiliates, whether operating in your home country, your host country or elsewhere.


Please feel free to contact me with any other questions that you may have. If you are in agreement with the terms of the assignment as outlined here, please sign below and return this letter to me, retaining a copy for your own record. On behalf of ATC, I would like to congratulate you on your international assignment with ATC Infra .


**Remainder of Page Intentionally Left Blank - Counterpart Signature Page Follows**













AMERICAN TOWER CORPORATION


	
		
	BY:
	/s/ Edmund DiSanto

	Name:
	Edmund DiSanto, General Counsel, Secretary, 

	 
	Executive Vice President and Chief Administrative Officer

	Date:
	February 1, 2018

	 
	 






         
	
		
	 
	                               

	Name:
	Amit Sharma

	Date:
	February 1, 2018
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose Ricardo OCANAS, Defendant-Appellant.

No. 15-3940

United States Court of Appeals, Eighth Circuit.

Submitted: October 17, 2016

Filed: April 14, 2017

Allen A. Slaughter, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, District of Minnesota, Minneapolis, MN, for Plaintiff-Appellee

Terry L. Hegna, Hegna Law Office, Saint Paul, MN, for Defendant-Appellant

Jose Ricardo Ocanas, Pro Se

Before LOKEN, SMITH *, and COLLOTON, Circuit Judges.

*

 The Honorable Lavenski R. Smith became Chief Judge of the United States Court of Appeals for the Eighth Circuit on March 11, 2017.

PER CURIAM.

Jose Ricardo Ocanas pleaded guilty to conspiracy to distribute methamphetamine. The district court ** determined an advisory guideline range of 292 to 365 months’ imprisonment, settled on a term of 360 months before any departure, and then departed downward to a term of 270 months for reasons not relevant here. Oca-nas appeals, arguing that his sentence is unreasonably long. We affirm.

The district court, in fashioning a sentence, has broad discretion over how to weigh the sentencing factors set forth in 18 U.S.C. § 3553(a). We review the sentence under a deferential abuse-of-discretion standard. *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The court sentenced Ocanas consistent with the advisory guideline range, and the sentence is therefore presumed reasonable. *See Rita v. United States,*551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); *United States v. Watson,*480 F.3d 1175, 1177 (8th Cir. 2007).

The district court did not abuse its broad discretion. Ocanas argues that the court gave insufficient weight to mitigating evidence about his personal history and characteristics, including his “age, health, and dysfunctional upbringing.” The court did not address these points expressly at the hearing, but Ocanas raised them orally and in writing, so we presume that the court considered these potential mitigating factors and found them' unpersuasive. *United States v. Timberlake,*679 F.3d 1008, 1012 (8th Cir. 2012). Ocanas also argues that the district court gave too much weight to his criminal history, but it was proper for the sentencing judge to consider that Ocanas’s record showed “a ‘constant breaking of the law for as far back as at least I go in reading that history.” It was permissible for the court to accord more weight to criminal history than to alleged mitigating factors cited by *539Ocanas. *See United States v. Ruelas-Mendez,*556 F.3d 655, 657 (8th Cir. 2009).

The judgment of the district court is affirmed.

**

**The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
COMPANY'S FORM 10-Q FOR THE QUARTER ENDED  SEPTEMBER 7, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                      1000

<S>                                               <C>
<PERIOD-TYPE>                                     3-MOS
<FISCAL-YEAR-END>                                            DEC-28-1999
<PERIOD-START>                                               JUN-16-1999
<PERIOD-END>                                                 SEP-07-1999
<CASH>                                                         71,308
<SECURITIES>                                                        0
<RECEIVABLES>                                                       0
<ALLOWANCES>                                                        0
<INVENTORY>                                                    11,876
<CURRENT-ASSETS>                                               88,223
<PP&E>                                                        449,679
<DEPRECIATION>                                                      0
<TOTAL-ASSETS>                                                570,936
<CURRENT-LIABILITIES>                                          38,818
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                          345
<OTHER-SE>                                                    527,111
<TOTAL-LIABILITY-AND-EQUITY>                                  570,936
<SALES>                                                       134,801
<TOTAL-REVENUES>                                              134,801
<CGS>                                                          47,314
<TOTAL-COSTS>                                                 136,580
<OTHER-EXPENSES>                                                7,651
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                                639
<INCOME-PRETAX>                                                (8,791)
<INCOME-TAX>                                                   (3,475)
<INCOME-CONTINUING>                                                 0
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                   (5,316)
<EPS-BASIC>                                                   (0.15)
<EPS-DILUTED>                                                   (0.15)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           4,606
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     19,560
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        110,229
<ALLOWANCE>                                      1,611
<TOTAL-ASSETS>                                 138,453
<DEPOSITS>                                     122,441
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                              4,124
<LONG-TERM>                                        173
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,039
<OTHER-SE>                                       5,676
<TOTAL-LIABILITIES-AND-EQUITY>                 138,453
<INTEREST-LOAN>                                  2,687
<INTEREST-INVEST>                                  285
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 2,972
<INTEREST-DEPOSIT>                               1,250
<INTEREST-EXPENSE>                               1,298
<INTEREST-INCOME-NET>                            1,674
<LOAN-LOSSES>                                      111
<SECURITIES-GAINS>                                 (10)
<EXPENSE-OTHER>                                  1,678
<INCOME-PRETAX>                                    747
<INCOME-PRE-EXTRAORDINARY>                         747
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       474
<EPS-PRIMARY>                                      .86
<EPS-DILUTED>                                      .84
<YIELD-ACTUAL>                                    9.32
<LOANS-NON>                                        241
<LOANS-PAST>                                       202
<LOANS-TROUBLED>                                    85
<LOANS-PROBLEM>                                    648
<ALLOWANCE-OPEN>                                 1,544
<CHARGE-OFFS>                                       54
<RECOVERIES>                                        10
<ALLOWANCE-CLOSE>                                1,611
<ALLOWANCE-DOMESTIC>                               855
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            756
        

</TABLE>
AMENDMENT
#1 TO THE SECURITIES PURCHASE AGREEMENT, CONVERTIBLE PROMISSORY NOTE,


AND
COMMON STOCK PURCHASE WARRANT DATED JANUARY 28, 2019


THIS
AMENDMENT #1 (the “Amendment”) to the SPA (as defined below), Note (as defined below), and Warrant (as defined below)
is made effective as of February 13, 2019, by and between Generex Biotechnology Corporation, a Delaware corporation (the “Company”),
and FirstFire Global Opportunities Fund, LLC, a Delaware limited liability company (the “Holder”) (collectively the
“Parties”).


BACKGROUND


A.
The Company and Holder are the parties to that certain securities purchase agreement (the “SPA”), convertibl promissory
note in the principal amount of $750,000.00 (the “Note”), and common stock purchase warrant for the purchase of 57,143
shares of the Company’s common stock (the “Warrant”), all dated January 28, 2019; and


B.
The Parties desire to amend the SPA, Note, and Warrant, as set forth expressly below.





NOW
THEREFORE, in consideration of the execution and delivery of the Amendment and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree as follows:


1.
The reference to “one hundred twenty (120) days following the Issue Date” in Section 3.23 of the Note shall
be replaced with “one hundred twenty (120) days following the Issue Date (provided, further, that if the SEC’s offices
are closed due to a shutdown of the U.S. government, then the number of days that the SEC’s offices are closed shall be added
to the deadline for effectiveness)”. The Company shall not provide more advantageous terms to any of its other debt holders
with respect to the filing obligations identified in this Section 1 of this Amendment unless the Company provides such terms to
the Holder as well.


2.
The references to “January 28, 2019” in the Note, SPA, and Warrant shall be amended to February 13, 2019.


3.
This Amendment shall be deemed part of, but shall take precedence over and supersede any provisions to
the contrary contained in the SPA, Note, and Warrant. Except as specifically modified hereby, all of the provisions of the SPA,
Note, and Warrant which are not in conflict with the terms of this Amendment, shall remain in full force and effect.


[Signature
page to follow] 



    	 	1	 



     


    




IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.





	GENEREX BIOTECHNOLOGY CORPORATION	 
	 	 
	 	 
	By:	 
	Name: Joseph Moscato	 
	Title: Chief Executive Officer	 
	 	 
	 	 
	FIRSTFIRE GLOBAL OPPORTUNITIES FUND, LLC	 
	 	 
	By: FirstFire Capital Management LLC, its manager	 
	 	 
	By:	 
	ELI FIREMAN	 









    	 	2
U.S. BANK, N.A., etc., Appellant, v. WESTERN HOMES, LLC, Appellee.

No. 3D15-2667

District Court of Appeal of Florida, Third District.

Opinion filed June 6, 2018

Quarles & Brady LLP, and Benjamin B. Brown, and Joseph T. Kohn (Naples), for appellant.

Wesoloski Carlson, P.A., and Erik Wesoloski, Miami, for appellee.

Before ROTHENBERG, C.J., and LUCK, and LINDSEY, JJ.

PER CURIAM.

In this foreclosure case, U.S. Bank, N.A., Successor Trustee to Bank of America, N.A., Successor in Interest to Lasalle Bank N.A., as Trustee, on behalf of the Holders of the WAMU Mortgage Pass-Through Certificates, Series 2007-OA2 ("U.S. Bank"), appeals the September 28, 2015 final summary judgment entered in favor of Western Homes, LLC, et al. ("Western Homes") and the November 3, 2015 order denying U.S. Bank's motion for rehearing.

The transcripts of the summary judgment hearing demonstrate that the trial court, in agreement with the arguments raised in Western Homes' motion for summary judgment, found that U.S. Bank's foreclosure action was barred by the statute of limitations based on this Court's then-current panel decision in *1012*Deutsche Bank Trust Co. Americas v. Beauvais*, 40 Fla. L. Weekly D1, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014), *opinion withdrawn and superseded on reh'g en banc,*188 So. 3d 938 (Fla. 3d DCA 2016).

However, while U.S. Bank's appeal was pending, this Court withdrew the *Beauvais* panel opinion and substituted an en banc opinion in its place. *See**Beauvais*, 188 So.3d at 955 (Fla. 3d DCA 2016), *review denied sub nom.**Aqua Master Ass'n, Inc. v. Deutsche Bank Nat'l Tr. Co. Ams.*, --- So.3d ----, 2018 WL 1136530, at *1 (Fla. Mar. 2, 2018). As in *Wilmington Trust, N.A. v. Alvarez*, 239 So.3d 1265 (Fla. 3d DCA 2018), we reverse the final summary judgment and remand this cause to the trial court for further consideration in light of our *Beauvais* en banc opinion.

REVERSED AND REMANDED.