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

No. 17-10224 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed December 4, 2017

Finnuala Kelleher Tessier, Trial Attorney, U.S. Department of Justice, Criminal Division, Washington, DC, James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee

Aaron Clay Graham, Fort Worth, TX, for Defendant-Appellant

Before REAVLEY, PRADO, and GRAVES, Circuit Judges.

PER CURIAM: *

Megan Kemp appeals the sentence imposed following her guilty plea conviction of conspiracy to possess with intent to distribute a controlled substance. Kemp argues that the district court committed procedural and substantive error by failing to account for her cooperation with state authorities in a related criminal matter.

Kemp’s contention that the district court failed to consider her cooperation as an 18 U.S.C. § 3553(a) sentencing factor is belied by the record. During sentencing, the district court acknowledged its authority to impose a sentence below the advisory guideline range. In discussing Kemp’s argument regarding her cooperation, the district court understood that Kemp wanted her cooperation to be taken into account when determining if a sentence below the advisory guideline range was appropriate. The district court explicitly stated that it would take Kemp’s arguments regarding her cooperation into consideration. There is no indication that the district court did not understand its discretion to consider Kemp’s assistance to state authorities with respect to the § 3553(a) factors. Accordingly, there was no procedural error. *See United States v. Robinson,*741 F.3d 588, 599 (5th Cir. 2014).

In addition, Kemp fails to rebut the presumption that her sentence is substantively reasonable. *See United States v. Cooks,*589 F.3d 173, 186 (5th Cir. 2009). The record reflects that the district court considered the relevant § 3553(a) factors as well as Kemp’s arguments for mitigating her sentence, but concluded that a within-guidelines sentence was appropriate. This court will not reweigh the § 3553(a) factors. *See United States v. Campos-Maldonado,*531 F.3d 337, 339 (5th Cir. 2008). Kemp’s general disagreement with the propriety of her sentence and the district court’s weighing of the *311§ 3553(a) factors is insufficient to rebut the presumption of reasonableness that attaches to her within-guidelines sentence. *See Cooks,*589 F.3d at 186; *see also Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

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.
#### Andrew B. AAMES, Plaintiff-Appellant, v. UNITED STATES of America; State of Missouri; MO Jackson County, Defendants-Appellees, Does 1 through 99, Defendant.

No. 17-1619

United States Court of Appeals, Eighth Circuit.

Submitted: November 7, 2017

Filed: November 29, 2017

Andrew B. Aames, Pro Se

*451. Jeffrey P, Ray, Assistant U.S. Attorney, U.S, Attorney’s Office, Kansas City, MO, for Defendant-Appellee United States of America

Nicolas Taulbee, Attorney General’s Office, Kansas City, MO, for Defendant-Ap-pellee State of Missouri

Jared Dominic Bustamante, Robert Travis Willingham, Jackson County Attorney’s Office, Kansas City, MO, for Defendant-Appellee MO Jackson County

Before COLLOTON, BOWMAN, and KELLY, Circuit Judges.

PER CURIAM.

Andrew Aames challenges the district court’s1 dismissal of his complaint challenging the constitutionality of state and federal statutes requiring him to register as a sex offender. After carefully reviewing the record and the briefs, we affirm for the reasons stated by the district court, but we modify the judgment so that the dismissal of Aames’s state-law request for relief is without prejudice. *See Franklin v. Zain,*152 F.3d 783, 786 (8th Cir. 1998). The judgment is affirmed as modified. *See*8th Cir. R. 47B.

1

. The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri,
Exhibit 32.1





CERTIFICATIONS PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)





In connection with the Annual Report of Barclay Road, Inc., a Wyoming corporation (the “Company”), on Form 10-Kfor the fiscal year ended December 31, 2007, as filed with the Securities and Exchange Commission (the “Report”), Eduardo Valero Erana, Chief Executive Officer of the Company, does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to his 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/ Eduardo Valero EranaEduardo Valero Erana, Chief Executive Officer

July 6, 2011
Exhibit 35.1

                                                          [LOGO] IndymacBank(SM)


                       REG AB 1123 Statement of Compliance

I am an authorized officer for IndyMac Bank, F.S.B, the servicer for the
transaction listed below and I certify:

a)    A review of IndyMac Bank's activities during the reporting period and of
      its performance under the applicable servicing agreement has been made
      under my supervision.

b)    To the best of my knowledge, based on such review, except as set forth
      below IndyMac Bank has fulfilled all of its obligations under the
      agreement in all material respects throughout the reporting period.

c)    None


                                By: /s/ Robert M. Abramian
                                    ----------------------
                                    Robert M. Abramian
                                    First Vice President
                                    Home Loan Servicing
                                    Investor Reporting
                                    Indymac Bank


                                By: /s/ Barbara Perez
                                    ----------------------
                                    Barbara Perez
                                    Senior Vice President
                                    Indymac Bank



Prepared for:   Deutsche Bank

Date:           February 28, 2007

Ref:            6014 - INDX 2006-AR35 RBS GREENWICH



                                                             www.indymacbank.com


             460 Sierra Madre Villa Ave., Pasadena, CA 91107   Tel: 626.535.5555
<PAGE>

                                                                  Exhibit 10.75a



                            MONRO MUFFLER/BRAKE, INC.
                      Kendall Motor Oil Purchase Agreement
                                 March 15, 2002

Paragraph F.1 of the agreement dated February 18, 2002 as follows is amended to
include F.1.a as follows:

F.1.a.   The exclusivity provision of paragraph A and new store promotional
         provision of paragraph F.1 do not apply to any Monro acquisition of 10
         or more locations. In the case of any such acquisition, Monro reserves
         the right to continue pre-exisiting non-Kendall supply agreement(s)
         and/or seek additional promotional support from Kendall.



PHILLIPS PETROLEUM COMPANY        MONRO MUFFLER/BRAKE, INC.
(Kendall Motor Oil, Lubricants
Division)


By:     /s/ Susan Tate                By:    /s/ Robert W. August
        --------------------------           ----------------------------------


Title:  Manager, Sales                Title: Sr. Vice President - Store Support
        --------------------------           ----------------------------------


Date:   April 9, 2002                 Date:  April 5, 2002
        --------------------------           ----------------------------------
# EUR-Lex - 32003R0159 - EN

Avis juridique important

*|*

# 32003R0159

**Commission Regulation (EC) No 159/2003 of 29 January 2003 amending Regulation (EC) No 2377/2002 opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council Regulation (EC) No 1766/92 **

*
Official Journal L 025 , 30/01/2003 P. 0037 - 0037 *

Commission Regulation (EC) No 159/2003

of 29 January 2003

amending Regulation (EC) No 2377/2002 opening and providing for the administration of a Community tariff quota for malting barley from third countries and derogating from Council Regulation (EC) No 1766/92

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Article 12(1) thereof,

Whereas:

(1) Regulation (EC) No 2377/2002(3) opens a tariff quota for the import of 50000 tonnes of malting barley falling within CN code 1003 00 50. This CN code was created during the special Uruguay Round negotiations and refers to HS code 1003 00. In order to avoid practical customs problems when malting barley is imported under this quota, HS code 1003 00, which covers malting barley, should be used.

(2) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2(1) of Regulation (EC) No 2377/2002 is hereby replaced by the following:

"1. A tariff import quota of 50000 tonnes of malting barley falling within HS code (ex) 1003 00 to be used in the manufacture of beer aged in vats containing beechwood is hereby opened."

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 January 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21.

(2) OJ L 193, 29.7.2000, p. 1.

(3) OJ L 358, 31.12.2002, p. 95.
EXHIBIT 10(i)



AMENDMENT NO. 2 TO RIGHTS AGREEMENT



THIS AMENDMENT TO RIGHTS AGREEMENT (this Amendment), effective as of December 21, 2005, is between Lucent Technologies Inc., a Delaware corporation (the Company), and The Bank of New York (as successor to First Chicago Trust Company of New York), as rights agent (the Rights Agent).



WHEREAS, the Company and the Rights Agent are parties to a Rights Agreement, dated as of April 4, 1996, as amended by an Amendment to Rights Agreement, dated February 18, 1998(collectively, the Rights Agreement); and



WHEREAS, pursuant to Section 27 of the Rights Agreement, the Company and the Rights Agent desire to amend the Rights Agreement as set forth below;



NOW, THEREFORE, the Rights Agreement is hereby amended as follows:



| | 1. | Amendment of Section 7.
| | -- | -----------------------



Paragraph (a), clause (i) of Section 7 of the Rights Agreement is amended to read as follows:



(i) the Close of Business on December 31, 2005 (the Final Expiration Date),



| | 2. | Effectiveness.
| | -- | --------------



This Amendment shall be deemed effective as of the date hereof as if executed by both parties hereto on such date.  Except as amended hereby, the Rights Agreement shall remain in full force and effect and shall be otherwise unaffected hereby.



| | 3. | Miscellaneous.
| | -- | --------------



This Amendment shall be deemed to be a contract made under the laws of the State of Delaware and for all purposes shall be governed by and construed in accordance with the laws of such state applicable to contracts to be made and performed entirely within such state.  This Amendment may be executed in any number of counterparts, each of such counterparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument.  If any term, provision, covenant or restriction of this Amendment is held by a court of competent jurisdiction or other authority to be invalid, illegal, or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Amendment shall remain in full force and effect and shall in no way be affected, impaired or invalidated.





---





IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date set forth above.





LUCENT
  TECHNOLOGIES INC.





By:
  /s/Michael C. Keefe

Name: Michael C. Keefe

Title: Law Vice President and Assistant Secretary





THE BANK OF NEW YORK



By:/s/James F. Kiszka

Name: James F. Kiszka

Title: Vice President





2



---
[Federal Register Volume 87, Number 48 (Friday, March 11, 2022)]
[Notices]
[Page 14084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05157]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration # 17365 and # 17366; ALABAMA Disaster Number AL-
00126]


Administrative Declaration of a Disaster for the State of Alabama

AGENCY: Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of Alabama dated 03/07/2022.
    Incident: Tornado.
    Incident Period: 02/03/2022.

DATES: Issued on 03/07/2022.
    Physical Loan Application Deadline Date: 05/06/2022.
    Economic Injury (EIDL) Loan Application Deadline Date: 12/7/2022.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW, 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Hale.
Contiguous Counties:
    Alabama: Bibb, Greene, Marengo, Perry, Tuscaloosa.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Homeowners with Credit Available Elsewhere.................      2.875
  Homeowners without Credit Available Elsewhere..............      1.438
  Businesses with Credit Available Elsewhere.................      5.880
  Businesses without Credit Available Elsewhere..............      2.940
  Non-Profit Organizations with Credit Available Elsewhere...      1.875
  Non-Profit Organizations without Credit Available Elsewhere      1.875
For Economic Injury:
  Businesses & Small Agricultural Cooperatives without Credit      2.940
   Available Elsewhere.......................................
  Non-Profit Organizations without Credit Available Elsewhere      1.875
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 17365 C 
and for economic injury is 17366 0.
    The State which received an EIDL Declaration # is Alabama.

(Catalog of Federal Domestic Assistance Number 59008)

Isabella Guzman,
Administrator.
[FR Doc. 2022-05157 Filed 3-10-22; 8:45 am]
BILLING CODE 8026-03-P
Exhibit 32.2

CERTIFICATION BY 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

The undersigned hereby certifies that to his knowledge, the Companys Annual Report on Form 10-K/A for the period ended
December 31, 2014 (the Form 10-K/A) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-K/A fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Date: March 6, 2015



|                                                              
|--------------------------------------------------------------
|/S/ DANIEL BURON                                              
|Daniel Buron Senior Vice-President and Chief Financial Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the unaudited
consolidated balance sheet as of September 30, 1997, and the unaudited statement
of income for the nine months then ended contained in the report on Form 10-Q
for the nine months ended September 30, 1997, of Batteries Batteries, Inc. and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                             795
<SECURITIES>                                         0
<RECEIVABLES>                                    7,122
<ALLOWANCES>                                       551
<INVENTORY>                                     10,639
<CURRENT-ASSETS>                                19,095
<PP&E>                                           1,176
<DEPRECIATION>                                     219
<TOTAL-ASSETS>                                  26,268
<CURRENT-LIABILITIES>                            4,649
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                      10,716
<TOTAL-LIABILITY-AND-EQUITY>                    26,268
<SALES>                                         39,682
<TOTAL-REVENUES>                                39,682
<CGS>                                           27,820
<TOTAL-COSTS>                                   27,820
<OTHER-EXPENSES>                                10,214
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 524
<INCOME-PRETAX>                                  1,124
<INCOME-TAX>                                       545
<INCOME-CONTINUING>                                579
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       579
<EPS-PRIMARY>                                     0.12
<EPS-DILUTED>                                     0.12
        

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS, STATEMENTS OF INCOME AND STATEMENTS OF CASH FLOW
INCLUDED IN THE COMPANY'S QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED
JULY 2, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUL-02-2000
<CASH>                                          15,508
<SECURITIES>                                         0
<RECEIVABLES>                                   14,223
<ALLOWANCES>                                       255
<INVENTORY>                                     23,854
<CURRENT-ASSETS>                                56,238
<PP&E>                                          15,636
<DEPRECIATION>                                   9,222
<TOTAL-ASSETS>                                  67,510
<CURRENT-LIABILITIES>                           19,807
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            12
<OTHER-SE>                                      45,680
<TOTAL-LIABILITY-AND-EQUITY>                    67,510
<SALES>                                         35,661
<TOTAL-REVENUES>                                35,661
<CGS>                                           24,680
<TOTAL-COSTS>                                   13,703
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  88
<INCOME-PRETAX>                                (2,325)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,325)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2325)
<EPS-BASIC>                                     (0.19)
<EPS-DILUTED>                                   (0.19)


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

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             483
<SECURITIES>                                         0
<RECEIVABLES>                                   15,618
<ALLOWANCES>                                     (339)
<INVENTORY>                                      3,754
<CURRENT-ASSETS>                                19,516
<PP&E>                                         643,189
<DEPRECIATION>                                (335,721)
<TOTAL-ASSETS>                                 326,984
<CURRENT-LIABILITIES>                           19,316
<BONDS>                                        121,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         16
<COMMON>                                           169
<OTHER-SE>                                     170,075
<TOTAL-LIABILITY-AND-EQUITY>                   326,984
<SALES>                                         62,843
<TOTAL-REVENUES>                                63,433
<CGS>                                           30,301
<TOTAL-COSTS>                                   33,695
<OTHER-EXPENSES>                                   116
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,863
<INCOME-PRETAX>                                 24,759
<INCOME-TAX>                                     4,952
<INCOME-CONTINUING>                             19,807
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    19,807
<EPS-BASIC>                                       1.06
<EPS-DILUTED>                                      .87


</TABLE>