alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 41068 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
EMERICO DE LUNA

- MAGALLON, also known as Jorge Trevino

- Gonzalez , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15

- CR

- 143

- 1

Before JONES, CLEMENT, and OWEN , Circuit Judges

. PER CURIAM: *
The Federal Public Defender appointed to represent Emerico De Luna

Magallon has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). De Luna

- Magallon h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 21, 2016 Lyle W. Cayce Clerk Case: 15-41068 Document: 00513557563 Page: 1 Date Filed: 06/21/2016No. 15

- 41068

2 nonfrivolous issue for appellate review. Ac cordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 15-41068 Document: 00513557563 Page: 2 Date Filed: 06/21/2016
Charles W. Schroeder, Elsie 

A. Schroeder Schneider, 

Hollis London, Terry Mergers 

Reel, \

Fourth Court of Appeals

San Antonio, Texas

April 16, 2014

No. 04-14-00167-CV

STEPHENS & JOHNSON OPERATING CO., Henry W. Breyer, III, Trust; CAH, Ltd.-MOPI 

for Capital Account; CAH, Ltd.-Stivers Capital Account; CAH, Ltd.-Wiegand Resources Captial 

Account Wiegand Resources; C.T. Carden; Myrl W. Dietch Trust, Et al.,

Appellants

v.

Charles W. SCHROEDER, Elsie A. Schroeder Schneider, Hollis London, Terry Mengers Reel, 

Ted Mengers, Debbie Mengers Quates, August H. Setinmeyer, Carole Schroeder Miller, James 

M. Schroeder, Sally Schroeder Tinanus, James E. Schroeder, Et al.,

Appellees

From the 229th Judicial District Court, Jim Hogg County, Texas

Trial Court No. CC-04-143

Honorable Ana Lisa Garza, Judge Presiding

ORDER

The clerk’s record was filed April 10, 2014; however it is being returned to the District 

Clerk of Jim Hogg County because it fails to comply with the Supreme Court Order Directing 

the Form of the Appellate Record. In particular:

1) when more than one request for inclusion of items in the record is filed, the clerk must

prepare only one consolidated record. Here, it appears the clerk prepared a separate 

volume for each request; see Supreme Court Order Directing the Form of the Appellate 

Record. Rule 1.1; 

2) the documents in the consolidated record must be arranged in ascending chronological 

order, by date of filing or by date of occurrence, see id. Rule 1.1(d);

3) page numbering does not start on the front cover of the first volume of the clerk’s 

record and continue to number all pages consecutively—including the front and back 

covers, tables of contents, and certification page—until the final page of the clerk’s 

record, without regard for the number of volumes in the clerk’s record, see id. Rule 

1.1(e); and
4) the detailed table of contents must state the date each document was filed, see id. Rule 

1.1(i). 

We therefore order Zonia G. Morales, the District Clerk of Jim Hogg County, Texas, to 

prepare a new clerk’s record in proper form. We order the new record filed in this court by 

April 30, 2014. The clerk must provide a copy of the corrected record to any party who has 

previously made a copy of the original, defective clerk’s record at the trial clerk’s expense. See

id. Rule 1.4. 

_________________________________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 16th day of April, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
| 1. | The                Form 10-K fully complies with the requirements of Section 13(a) or                15(d)                of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));                and                  |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | The                information contained in the Form 10-K fairly presents, in all material                respects, the financial condition and results of operations of the                Company.                            |

|   Date:                March                14, 2007 |   /s/                Lee W. Hendrickson                 Lee                W. HendricksonChief                Financial Officer |
|----------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Office of the Secretary

# AGENCY:

Department of Defense; National Defense University.

# ACTION:

Notice of open meeting.

# SUMMARY:

The National Defense University (NDU), Designated Federal Officer, has scheduled a meeting of the Board of Visitors. The National Defense University Board of Visitors is a Federal Advisory Board. The Board meets twice a year in proceedings that are open to the public.

# DATES:

The meeting will be held on May 28-29, 2009 from 1130-1700 on the 28th and continuing on the 29th from 0800-1200.

# ADDRESSES:

The Board of Visitors meeting will be held at Building 62, Marshall Hall, Room 155, National Defense University, 300 5th Avenue, Fort McNair, Washington, DC 20319-5066.

# FOR FURTHER INFORMATION CONTACT:

                        The point of contact for this notice is Jeanette Tolbert @ (202) 685-3955, Fax (202) 685-3328 or                         *TolbertJ@ndu.edu*.                    

# SUPPLEMENTARY INFORMATION:

The Board will discuss: State of the University, National Security Professional Development, Accreditation, and Federal Policy. The meeting is open to the public; limited space is made available for observers and will be allocated on a first-come, first-serve basis.

Dated: March 9, 2009.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. E9-5629 Filed 3-13-09; 8:45 am]

BILLING CODE 5001-06-P
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  Annual  Report  on Form  10-K for the year  ended
December  31,  2006  (the   "Report")   of  FMS   Financial   Corporation   (the
"Corporation") as filed with the Securities and Exchange  Commission on the date
hereof, we, Craig W. Yates,  President and Chief Executive Officer, and Channing
L. Smith, Vice President and Chief Financial  Officer,  certify,  pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
that:

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

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Corporation.
<TABLE>
<CAPTION>



<S>                                                           <C>
/s/ Craig W. Yates                                            /s/ Channing L. Smith
--------------------------------------                        -----------------------------------------------------
Craig W. Yates                                                Channing L. Smith
President and Chief Executive Officer                         Vice President and Chief Financial Officer
                                                              (Principal Financial and Accounting Officer)
</TABLE>


March 13, 2007
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5401 Received in Senate (RDS)]

  2d Session
                                H. R. 5401

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2006

                                Received

_______________________________________________________________________

                                 AN ACT

  To amend section 308 of the Lewis and Clark Expedition Bicentennial 
    Commemorative Coin Act to make certain clarifying and technical 
                              amendments.

    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 ``Lewis and Clark Commemorative Coin 
Correction Act''.

SEC. 2. LEWIS AND CLARK COMMEMORATIVE COIN AMENDMENTS.

    Section 308 of the Lewis and Clark Expedition Bicentennial 
Commemorative Coin Act (31 U.S.C. 5112 note) is amended--
            (1) in subsection (a), by striking ``Secretary as 
        follows:'' and all that follows through the end of the 
        subsection and inserting the following:
 ``Secretary for expenditure on activities associated with 
commemorating the bicentennial of the Lewis and Clark Expedition, as 
follows:
            ``(1) National council of the lewis and clark 
        bicentennial.--\1/2\ to the National Council of the Lewis and 
        Clark Bicentennial.
            ``(2) Missouri historical society.--\1/2\ to the Missouri 
        Historical Society.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Transfer of Unexpended Funds.--Any proceeds referred to in 
subsection (a) that were dispersed by the Secretary and remain 
unexpended by the National Council of the Lewis and Clark Bicentennial 
or the Missouri Historical Society as of June 30, 2007, shall be 
transferred to the Lewis and Clark Trail Heritage Foundation for the 
purpose of establishing a trust for the stewardship of the Lewis and 
Clark National Historic Trail.''.

            Passed the House of Representatives May 22, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00236-CR

Jennifer Polson, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 5 OF WILLIAMSON COUNTY

NO. 22-00267-1, THE HONORABLE WILL WARD, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Jennifer Polson has filed a motion to dismiss her appeal. The motion is 

signed by both appellant and her attorney. See Tex. R. App. P. 42.2(a). We grant the motion and 

dismiss the appeal. See id.

__________________________________________

Gisela D. Triana, Justice

Before Justices Baker, Triana, and Smith

Dismissed on Appellant’s Motion

Filed: October 26, 2023

Do Not Publish
I 

109TH CONGRESS 

2D SESSION H. R. 5490 

To require the Secretary of Veterans Affairs to establish a personal identification number for each veteran in order to help preserve the confidentiality 

of Department of Veterans Affairs information on veterans, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2006 

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To require the Secretary of Veterans Affairs to establish 

a personal identification number for each veteran in 

order to help preserve the confidentiality of Department 

of Veterans Affairs information on veterans, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Identification 

5 Protection Act’’. 


ycherry on PROD1PC64 with BILLS
2 

•HR 5490 IH

1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PERSONAL 

2 IDENTIFICATION NUMBER FOR VETERANS. 

3 (a) ESTABLISHMENT OF PIN NUMBER.—The Sec4 retary of Veterans Affairs shall establish a national data5 base of each veteran who receives benefits, or applies for 

6 benefits, under laws administered by the Secretary. As 

7 part of the database, the Secretary shall assign to each 

8 such veteran a four-digit personal identification number 

9 (referred to as a PIN code). 

10 (b) VERIFICATION OF PIN CODE.—The Secretary 

11 shall take such steps as necessary to provide that any enti12 ty entering into a commercial transaction with a veteran 

13 that includes the extension to the veteran of credit, a loan, 

14 or any other thing of value shall verify the veteran’s iden15 tity through the use of the personal identification number 

16 for that veteran assigned under subsection (a). 

17 (c) FAILURE TO VERIFY IDENTITY OF VETERAN.— 

18 In any case in which an entity is required, pursuant to 

19 the procedures established under subsection (b), to verify 

20 an individual’s identity and the entity fails to verify the 

21 identity, then that entity shall be liable to that individual 

22 for all attorney fees and injuries incurred by that indi23 vidual resulting from that failure. 

Æ 


ycherry on PROD1PC64 with BILLS
[4910-13-PI

DEPARTMENT OF TRANSPORTATION XJ~nl""F~C!!5 "()LrI'I~GW"OOI. Federal Aviation Administration 'NmAt_~·11r; 

## C--C~

RIN 2120-AA64 Ainvorthiness Directives; Fokker Scn'lces B.Y.Model F28 Mark 0070 and 0100 AillJlanes AGENCY: Federal Aviation Administration (FAA), Department ofTransportation (DOT). ACTION: Final rule. SUMMARY: We are adopting anew airworthiness direclive (AD) forthe products list above. This AD results from 1J1andatorycontinuing airworiiliness infomwtion (MeAl) 

### - 'e i 

# lMTf./
RIJtrTIN(i,1""')Ol

alJTl.";W~"IIJL Originated by an aviation authority ofanother country to identi fy and correct an unsaCe k,~"",,---- condition on an aviation product. The MeAl describes the unsafe condition as: Several cases have been reported where apassenger door actuator dl':tac!ledfrom the passenger door This caused the passenger door to drop 10the platform in~muncontrolled manner. This conditioll, ifnot corrected, could result in Injury to persons on the ground and damage to the aircraft. 

## * * 

# , We are issuing this AD to require actions tocorrect the unsafe condition on these products. I/AII
ex10-15.htm


Exhibit 10.15


 



FOURTEENTH AMENDMENT OF


AMENDED AND RESTATED PARTICIPATION AGREEMENT


 


This Fourteenth Amendment of the Amended and Restated Participation Agreement (the "Amendment") is made and entered into as of this 10th day of December, 2010, by and between and Union Bank and. Trust Company, a Nebraska banking corporation and trust company, solely in its capacity as trustee of various grantor trusts known as Short Term Federal Investment Trusts or other grantor trusts ("Union Bank") and National Education Loan Network, Inc., a Nevada corporation ("Nelnet").


 


WHEREAS, the parties hereto entered into that certain Amended and Restated Participation Agreement dated as of June I, 2001, as amended (the "Agreement"), and the parties hereto wish to amend the Agreement under the terms set forth herein.


 


NOW THEREFORE, in consideration of the foregoing premises and the mutual covenants herein contained, the parties hereto agree as follows:


 


1.           Definitions. Unless otherwise expressly stated herein, capitalized terms in this Amendment shall have the same meanings given to them in the Agreement,


 


2.           Change in Definition of Nelnet's Fee. For purposes of Section 1.03 of the Agreement, Nelnet's Fee shall be defined to equal the difference between (i) the total of interest received with respect to such Eligible Loans contained in a participation certificate, and an amount equal to 30 basis points (0.30%) above the average of the bond equivalent rates of the quotes of 3-month commercial paper (financial) in effect for each of the days in such quarter as reported by the Federal Reserve in Publication H-15 (or its successor) for the relevant 3-month period, multiplied by the average aggregate principal balance of all Eligible Loans participated under the Agreement. Payments shall be distributed on a monthly basis, on the first business day of each month. Such fee shall apply to Eligible Loans and shall also apply in the same manner to participations of asset backed securities backed by Eligible Loans.


 


3.           Effect of Amendment. This Amendment shall be effective as of January 1, 2011. Unless expressly modified or amended by this Amendment, all terms and provision contained in the Agreement shall remain in full force and effect without modification.


 


 



	 	Union Bank and Trust Company 	 	 	
National Education Loan Network, Inc.


	 	 	 	 	 
	By:	/s/ Tom Sullivan	 	By:	/s/ Jim Kruger
	 	 	 	 	 
	Title:	First Vice President	 	Title:	Executive Director & Controller
**Exhibit3.01(b)**

**CERTIFICATE OFAMENDMENT**

**TO**

**AMENDED ANDRESTATED**

**CERTIFICATE OFINCORPORATION**

**OF**

**CALIFORNIA COASTAL COMMUNITIES, INC.**

California CoastalCommunities, Inc., a corporation organized and existing under the laws of theState of Delaware (the “Corporation”), hereby certifies as follows:

## 1.             The name of the Corporation isCalifornia Coastal Communities, Inc.  Thedate of the filing of its original certificate of incorporation with theSecretary of State of Delaware was September 20, 1988.  The name under which the Corporation filedits original certificate of incorporation was Henley Newco Inc.

## 2.             This Certificate of Amendment toAmended and Restated Certificate of Incorporation (“Certificate”) amends andrestates in its entirety the provisions of Article FOURTH of the Amended andRestated Certificate of Incorporation of the Corporation.  This Certificate was duly adopted by theBoard of Directors of the Corporation in accordance with the provisions ofSection 242 of the Delaware General Corporation Law, as amended from timeto time (“DGCL”), and was duly adopted by the stockholders of the Corporationin accordance with the applicable provisions of Section 242 of the DGCL.

## 3.             The text of Article FOURTH of theAmended and Restated Certificate of Incorporation of the Corporation is herebyamended and restated in its entirety to provide as follows:

**                FOURTH:** The Corporation shall have the authority to issue a total of27 million shares of stock, to be divided into two classes.  The Corporation shall have authority to issue13.5 million shares of Common Stock, par value $0.05 per share (“CommonStock”), and 13.5 million shares of Excess Stock, par value $0.05 pershare (“Excess Stock”).

IN WITNESS WHEREOF, theundersigned Corporation has caused this Certificate to be executed by its dulyauthorized officer this 7th day of June, 2004.

 
|   | CALIFORNIA COASTAL COMMUNITIES, INC.

        |
|--------|----------------------------------------------------|
| By:    | /s/ Sandra G. Sciutto                              |   |
|   | Name:    Sandra  G. Sciutto         |
|   | Office:    Chief  Financial Officer |
|        |                                                    |  |  |

 

 

----
Exhibit 10.26


 


Summary
Description of Named Executive Officer

Oral At-Will Employment Agreement


 


With
the exception of Daniel M. Bradbury, our President and Chief Executive Officer,
with whom we have a written employment agreement, we maintain oral at-will
employment relationships with each of our other currently-serving named
executive officers: Mark G. Foletta, Orville G. Kolterman, M.D., Marcea Bland
Lloyd and Vincent Mihalik. Each of these executive officers receives our normal
and customary employment benefits, generally on the same terms as all of our
employees. The benefits include the right to (i) participate in our 401(k) Plan
and our Employee Stock Purchase Plan, (ii) receive 10% of eligible
compensation in the form of Amylin common stock under our Employee Stock
Ownership Plan and (iii) receive stock option grants under our Equity
Incentive Plan and cash bonuses under our cash bonus plan. Each of these
executive officers is also eligible, along with all of our employees holding
the title of vice-president and above, to participate in our Deferred
Compensation Plan and our Officer Change in Control Severance Benefit Plan. The
Change in Control Plan provides each participant with certain benefits in the
event such employee ceases employment with Amylin without cause or under
certain specified circumstances and within 90 days prior to, or within 13
months following specified change of control transactions.  In such event,
(i) the president and chief executive officer would receive salary
continuation for 36 months and three times his annual target bonus; (ii) executive
officers would receive salary continuation for 24 months and two times their
annual target bonus, and (iii) non-executive officers would receive 18
months salary continuation and an amount equal to their annual target
bonus.  Under the Change in Control Plan,
officers would also receive 18 months of certain COBRA payment
reimbursement.  We also have customary indemnification agreements with our
officers, including these executive officers. In addition, the Compensation and
Human Resources Committee of our Board of Directors reviews the salaries of our
executive officers from time to time.  Mr. Bradbury’s annual salary
is currently set at $675,000. Annual salaries for each of our other named executives
are currently set as follows:  Dr. Kolterman
- $440,000, Mr. Foletta - $419,750, Ms. Lloyd - $400,125 and Mr. Mihalik
- $375,000.