alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Brunner, Christine

From: Sargeant, Kathryn

Sent: Monday, February 17, 2014 4:44 PM

To: Whiteman, Chad

Subject: EPA Response to EO 12866 Comments on Tier 3 draft final rule (RIN 2060-AQ86)

Attachments: EPA_Response_EO12866_Comments on EPA_Tier_3_draft_final_rule-2_13_2014.docx

Chad, attached please find our responses to the comments that you embedded in the rule document (dated Feb. 13). 

Our responses are in the comment bubbles (though note that we are still preparing a response to comment A33). 

We will send you a response to your Feb. 13 summary comments on Tuesday. We are also still preparing responses to 

the second round of comments that you sent on Friday, Feb. 14. 

Please let me know if you have any questions. 

From: Whiteman, Chad [mailto:Chad_S_Whiteman@omb.eop.gov] 

Sent: Thursday, February 13, 2014 1:45 AM 

To: Sargeant, Kathryn 

Subject: EO 12866 Comments on Tier 3 draft final rule (RIN 2060-AQ86) 

Kathryn, 

 Attached are some of the EO 12866 comments on the Tier 3 draft final rule (RIN 2060-AQ86). 

Regards, 

Chad
Exhibit 10.45

 

At its meeting on September 22, 2010, the Compensation, Nominating and Governance Committee of City National Corporation approved the following with respect to Brian Fitzmaurice:

 

	
Base   Salary:
    	
$400,000,   effective October 1, 2010
    
	
 
    	
 
    
	
Stock   grant:
    	
Restricted   Shares:
    	
20,000
    
	
 
    	
Stock   Options:
    	
17,000
    
	
 
    	
Normal   vesting schedule
    
	
 
    	
 
    
	
Incentive   Bonus:  
    	
For   2010, bonus of $400,000 guaranteed
    
	
 
    	
 
    
	
 
    	
To be   paid under the terms of the Executive Committee Bonus Plan, Variable Bonus   Plan or other appropriate executive bonus plan
    
	
 
    	
 
    
	
Auto   Allowance:
    	
Continue   at $1,000 / Month
##### 



EXHIBIT 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of IPC Acquisition Corp. (the
Company) on Form 10-Q for the quarterly period ended March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Timothy Whelan, Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Section 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, as amended; and 2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company. By: /s/ Timothy WhelanTimothy WhelanChief Financial OfficerMay 12, 2004
 A signed original of this written statement required by Section 906 has been
provided to IPC Acquisition Corp. and will be retained by IPC Acquisition
Corp. and furnished to the Securities and Exchange Commission or its staff upon
request.
United States Court of Appeals

for the Fifth Circuit

No. 21-11275

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

John Christopher Ware, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:15-CR-494-2

Before Jolly, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

John Christopher Ware, federal prisoner # 97441-379, appeals the 

denial of his motion for compassionate release under 18 U.S.C. 

§ 3582(c)(1)(A), which was based on his contention that his age and medical 

conditions, including obesity, Type 2 diabetes, renal tubulointerstitial 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 5, 2022

Lyle W. Cayce

Clerk

Case: 21-11275 Document: 00516421711 Page: 1 Date Filed: 08/05/2022
No. 21-11275

2

disease, uncontrolled hypertension, and cerebrovascular disease, combined 

with the COVID-19 pandemic, constituted extraordinary and compelling 

reasons warranting early release. 

We review the denial of a motion for compassionate release for an 

abuse of discretion. See United States v. Chambliss, 948 F.3d 691, 693 (5th 

Cir. 2020). Contrary to Ware’s contention, there is no indication that the 

district court felt constrained by U.S.S.G. § 1B1.13, p.s., and its commentary. 

Rather, the district court permissibly considered § 1B1.13 in its independent 

assessment of whether prison conditions and Ware’s age and particular 

medical conditions were sufficiently compelling and extraordinary to entitle 

him to relief. See United States v. Thompson, 984 F.3d 431, 433-35 (5th Cir.), 

cert. denied, 141 S. Ct. 2688 (2021); see also United States v. Rodriguez, 27 F.4th 

1097, 1099-1101 & n.2 (5th Cir. 2022). Additionally, when Ware filed his 

motion, 74 percent of his sentence remained to be served.

Accordingly, Ware has failed to show that the district court abused its 

discretion in denying his motion for compassionate release. See Rodriguez, 27 

F.4th at 1100-01; Thompson, 984 F.3d at 433-35; Chambliss, 948 F.3d at 693.

The judgment of the district court is AFFIRMED. 

Case: 21-11275 Document: 00516421711 Page: 2 Date Filed: 08/05/2022
No. 09-740.

#### Antoine Hill, Petitioner v. United States.

559 U.S. 1106, 130 S. Ct. 2402,

176 L. Ed. 2d 922,

2010 U.S. LEXIS 3770.

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 340 Fed. Appx. 950.
No. 09-8785.

#### Deron E. Jackson, Petitioner v. United States.

559 U.S. 986, 130 S. Ct. 1724,

176 L. Ed. 2d 203,

2010 U.S. LEXIS 1922.

March 1, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Eighth Circuit denied.

Same case below, 333 Fed. Appx. 154.
<PAGE>



                                                                   EXHIBIT 32.1

                             NOVELLUS SYSTEMS, INC.

                                 CERTIFICATION

In connection with the annual report of Novellus Systems, Inc. (the "Company")
on Form 10-K for the period ended December 31, 2003 as filed with the
Securities and Exchange Commission (the "Report"), I, Richard S. Hill, Chairman
of the Board of Directors and Chief Executive Officer of the Company, hereby
certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my knowledge:

    (1) the Report fully complies with the requirements of Section 13(a) or
        15(d), as applicable, 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 at the dates and for the periods indicated.


    Date: March 12, 2004                  By: /s/ Richard S. Hill
                                             -----------------------------------
                                          Richard S. Hill
                                          Chairman of the Board of Directors and
                                          Chief Executive Officer
************************

• MONOGRAPH NO.: 4A2

************************

ITEM: Cheese Spread (CSP)

NSN: 8940-01-295-1149 ITEM SPECIFICATION: MIL-C-44068

APPROXIMATE CALORIC VALUE PER SERVING: 170

CHARACTERISTICS OF ITEM:

 APPEARANCE: After kneading, spread should be smooth,

homogeneous, pasty, dull yellow or off-white.

 ODOR: Medium cured to sharp cheddar cheese.

 FLAVOR: Cream cheese to sharp cheddar, cooked milk.

 TEXTURE: Smooth, buttery consistency and easily spreadable at

70 degrees F.

 ESTIMATED SHELF-LIFE AT 70 DEGREES F: 66 months

 80 DEGREES F: 54 months

 90 DEGREES F: 42 months

 100 DEGREES F: 30 months

EXPECTED DETERIORATIVE CHANGES:

 APPEARANCE: Off-white cheese - medium gray to moderately tan.

Yellow colored cheese - color varies from faded yellow to

moderate tan to brown; may exhibit slight green areas at edges;

product tends to separate (oil off).

 ODOR: Old cheddar, scorched milk, sour.

 FLAVOR: Bitter, overcooked/scorched milk, slight metallic,

acidic/sour.

 TEXTURE: Curdled, grainy, gummy, rubbery, excessively thick or

excessively oily or oiled off.

UNIQUE EXAMINATION/TEST PROCEDURES: Package must be kneaded prior to opening

for examination of the product. If mold growth is observed, examine pouch

closely for tears, cuts or holes,

especially at the product edge of the seals and pouch body. If

pouch integrity has been compromised, score the pouch defect and

note the mold finding in the narrative.

SPECIAL NOTES: Color of product varies by year of pack with 1986

to 1988 colors being off-white to light tan, with slight hints of

pink noted. The major problem with this item has been the

effects of storage on its color. Color changes are unavoidable

in this product and should not be the sole deciding factor for

making judgments unless the user is unlikely to taste the
 APP B

 DSCPM 4155.2

product. Some of the problems resulted from cheese being packed

prior to cooling. This phenomenon is known as stack burning.

Other degradative processes turn off-white cheese to light pink

or beige even under ideal storage conditions; yellow cheese tends

to fade allowing a browning color to prevail.
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Donald Neal, President, Chief Executive Officer, Secretary, and
Treasurer of American  Goldfields  Inc. (the  "Company"),  certifies,  under the
standards  set forth and solely for the purposes of 18 U.S.C.  1350,  as adopted
pursuant  to  Section  906  of the  Sarbanes-Oxley  Act of  2002,  that,  to his
knowledge,  the  Quarterly  Report on Form 10-QSB of the Company for the quarter
ended July 31, 2006 fully  complies  with the  requirements  of Section 13(a) or
15(d) of the Securities  Exchange Act of 1934 and information  contained in that
Form 10-QSB fairly presents,  in all material respects,  the financial condition
and results of operations of the Company.


Date: September 12, 2006



/s/ Donald Neal
---------------------
Donald Neal
President, Chief Executive Officer,
Secretary, and Treasurer
(Principal Executive Officer,
Principal Financial Officer, and Principal Accounting Officer)


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original  of this  written  statement  required  by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
No. 09-9225.

#### Rodney Branham, Petitioner v. David Bergh, et al.; Rodney Branham, Petitioner v. Terry Malloy, et al.

559 U.S. 1047, 130 S. Ct. 2353,

2010 U.S. LEXIS 3042.

176 L. Ed. 2d 559,

April 5, 2010.

Motion of petitioner for leave to proceed in forma pauperis denied, and petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit dismissed. See Rule 39.8.
No. 11-7229.

#### In re Saeed Bakhouche, aka Abdul Razak Ali, Petitioner.

565 U.S. 1109, 132 S. Ct. 1036,

181 L. Ed. 2d 794,

2012 U.S. LEXIS 570.

January 9, 2012.

Petition for writ of mandamus denied.
Unassociated Document











Exhibit 10.12


 


DIRECTOR COMPENSATION


 


The following compensation arrangements have been established for the Board of Directors of the Company: All outside directors will receive an annual retainer of $25,000. The chairpersons of the Audit Committee, the Compensation Committee, the Risk Oversight Committee, and the Nominating/Governance Committee will for this service receive retainers of $10,000, of $7,000, of $5,000, and of $5,000 respectively. In addition, the director representing the Board of the Company as the non-executive Chairman of the Board of East West Bank’s subsidiary East West Bank (China) Limited receives a retainer of $125,000 for such duties. Outside directors also receive a meeting fee of $1,000 for each Board and Committee meeting attended. Outside directors also receive an annual grant of $40,000 of restricted stock, which stock has 3-year cliff vesting. Directors have the option to receive their $25,000 annual retainer in the form of stock at a 25% premium (i.e., $31,250 of stock) if they agree to hold the stock for at least one year. No separate compensation is paid to directors who are also employees of the Company.
<PAGE>   1
                                                                      EXHIBIT 11

                         EARNINGS PER SHARE COMPUTATIONS
                      (IN THOUSANDS EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                                               1997      1996      1995
                                                                               ----      ----      ----
<S>                                                                          <C>       <C>       <C>
EARNING PER COMMON AND DILUTIVE
  COMMON EQUIVALENT SHARE:
  Income Before Extraordinary Item                                           $21,662   $11,887   $28,990
                                                                             =======   =======   =======
  Net Income                                                                 $21,204   $10,501   $28,990
                                                                             =======   =======   =======
  Shares:
  Weighted average number of common
      shares outstanding                                                      21,374    18,523    17,724
  Weighted average number of additional
      shares issuable for common stock
      equivalents (a)                                                          1,121       977       287
                                                                             -------   -------   -------
         Adjusted common shares                                               22,495    19,500    18,011
                                                                             =======   =======   =======

EARNINGS PER SHARE:
  Income Before Extraordinary Item                                           $  0.96   $  0.61   $  1.61
                                                                             =======   =======   =======
  Net Income                                                                 $  0.94   $  0.54   $  1.61
                                                                             =======   =======   =======
</TABLE>

(a)  Shares issuable were derived using the "Treasury Stock Method" for all
     dilutive common stock equivalents.
#### Oran YOUNG, Appellant, v. UNITED STATES of America, Appellee.

No. 7541.

United States Court of Appeals Tenth Circuit.

March 26, 1964.

Certiorari Denied June 15, 1964.

See 84 S.Ct. 1886.

*317David L. Peterson, Denver, Colo., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

This is the fourth attack under 28 U.S.C. § 2255 on the sufficiency of the information charging that the petitioner did “enter” a state insured bank “with intent then while in said bank and therein to commit a felony * * *.” See Young v. United States, 294 F.2d 517, 10 Cir., certiorari denied 368 U.S. 979, 82 S.Ct. 484, 7 L.Ed.2d 440; and Young v. United States, 309 F.2d 749, 10 Cir., cer-tiorari denied 371 U.S. 964, 83 S.Ct. 546, 9 L.Ed.2d 511. This petition under § 2255 is based on the contention that the information does not allege that the petitioner entered the bank with the requisite intent to commit a felony but formed the intent after entry. As we read the information, it charges with sufficient clarity that the petitioner entered the bank with the intent to commit the felony. See Martin v. United States, 10 Cir., 285 F.2d 150; and Godish v. United States, 10 Cir., 182 F.2d 342.

The judgment is affirmed.
V 

109TH CONGRESS 

1ST SESSION H. R. 506 

For the relief of Christine L. Barrott. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2005 

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

For the relief of Christine L. Barrott. 

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

3 SECTION 1. WAIVER OF TIME LIMITATIONS. 

4 (a) IN GENERAL.—The limitations set forth in sec5 tions 6511 and 6514(a) of the Internal Revenue Code of 

6 1986 (relating to limitations on credit or refund and cred7 its or refunds after period of limitation ) shall not apply 

8 to a claim filed by Christine L. Barrott of Milton, Florida, 

9 for credit or refund of overpayments of the individual Fed10 eral income tax Christine L. Barrott paid for the taxable 

11 years 1990 through 1999. 
2 

•HR 506 IH 

1 (b) DEADLINE.—Subsection (a) shall apply only if 

2 Christine L. Barrott submits a claim pursuant to such 

3 subsection within the 1-year period beginning on the date 

4 of the enactment of this Act. 

Æ
No. 09-9408.

#### David Render, Petitioner v. Corey Hall, et al.

559 U.S. 1110, 130 S. Ct. 2413,

176 L. Ed. 2d 930,

2010 U.S. LEXIS 3846.

May 3, 2010.

Petition for writ of certio-rari to the Court of Appeals of Ohio, Hamilton County, denied.
Form of Amendment with Executive Officers



 EXHIBIT 10.4(7) 

 
 Amendment 

 
 This Amendment to the Amended and Restated Employment
Agreement dated [DATE] (the “Agreement”) between PerkinElmer, Inc., a Massachusetts corporation (hereinafter the “Company”), and [NAME] (hereinafter referred to as the “Employee”), is entered into this
     day of                     , 2010. 
  

WHEREAS, the Employee is employed by the Company pursuant to the terms of the Agreement; and 

 
 WHEREAS, the Employee and the Company desire to amend the
Agreement in order to conform to guidance issued by the Internal Revenue Service under Section 409A of the Internal Revenue Code of 1986, as amended; 
  

NOW, THEREFORE, in consideration of sum of One Dollar, the mutual covenants contained herein and other valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the parties agree as follows: 
  
 The following text is added to the end of the Agreement, immediately following Section 13(h): 
  

“(i) The reference in Section 5(f) to execution of a severance agreement and release shall be subject to the
following terms. Payments pursuant to Section 5(f) shall commence on the 60th day following the Employee’s separation from service, provided that the Employee has executed and submitted the severance agreement and release and the agreement and release have become irrevocable.
The payment made on such 60th day shall include any
periodic payments to which the Employee would have been entitled had payments commenced upon the Employee’s separation from service. 
  

(j) In determining whether a payment is made on permissible payment event or date, the rules of the Treasury
Regulations and other guidance under Section 409A shall apply, including without limitation the rules of Treasury Regulation section 1.409A-3(g) (related to disputed payments) and the rules of Treasury Regulation section 1.409A-3(d) (generally
permitting payment to be made at a later date within the same taxable year (or if later by the 15th day of the third calendar month following the date specified) so long as the Employee is not permitted, directly or indirectly, to designate the year of payment). 

 
 The terms of this Agreement shall be interpreted as necessary to provide
payments that comply with (or are exempt from) the requirements of Section 409A.” 
  
 IN WITNESS WHEREOF, the Company and the Employee have entered into this Amendment on the date first above written: 

 

			
	PERKINELMER, INC.
		
	By:	 	 
		
	 Title:
	 	
	
	  

	 [NAME]
Exhibit 32.1

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

I, Fred B. Zaziski, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Falcon Natural Gas Corp. on Form 10-QSB/A for the quarterly period
ended September 30, 2004 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information contained
in such Form 10-QSB/A fairly presents in all material respects the financial
condition and results of operations of Falcon Natural Gas Corp.

DATE: January 7, 2005                    By: /s/ Fred B. Zaziski
                                              --------------------
                                              Fred B. Zaziski
                                              Chief Executive Officer

<PAGE>
```

[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Page 10623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5110]

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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice (09-020)]

Government-Owned Inventions, Available for Licensing

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of availability of inventions for licensing.

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

SUMMARY: Patent applications on the inventions listed below assigned to 
the National Aeronautics and Space Administration, have been filed in 
the United States Patent and Trademark Office, and are available for 
licensing.

DATES: March 11, 2009.

FOR FURTHER INFORMATION CONTACT: James J. McGroary, Patent Counsel, 
Marshall Space Flight Center, Mail Code LS01, Huntsville, AL 35812; 
telephone (256) 544-0013; fax (256) 544-0258.
    NASA Case No. MFS-32518-1: Liquid Propellant Injection Elements 
with Self-Adjusted Inlet Area for Rocket and Other Combustor-Type 
Engines Applications;
    NASA Case No. MFS-32597-1: Electromagnetic Pump for High-
Temperature Liquid Metals;
    NASA Case No. MFS-32584-1: Optical System and Method for Gas 
Detection and Monitoring.

Richard W. Sherman,
Deputy General Counsel.
[FR Doc. E9-5110 Filed 3-10-09; 8:45 am]
BILLING CODE 7510-13-P
```
No. 09-9511.

#### Ramse Thomas, Petitioner v. United States.

559 U.S. 1057, 130 S. Ct. 2363,

2010 U.S. LEXIS 3047.

176 L. Ed. 2d 576,

April 5, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Second Circuit denied.