alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Justin F. JONES, Appellant, v. STATE of Missouri, Respondent.

No. ED105987

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: September 18, 2018

FOR APPELLANT: Lisa M. Stroup, Missouri Public Defender Office, 1010 Market Street, Suite 1100, St. Louis, MO 63101.

FOR RESPONDENT: Joshua D. Hawley, Attorney General, Mary H. Moore, Asst. Atty. Gen., P.O. Box 899, Jefferson City, MO 65102.

Before Roy L. Richter, P.J., Robert M. Clayton III, J., and Angela T. Quigless, J.

*ORDER*

PER CURIAM.

Justin F. Jones appeals the judgment denying his Rule 29.15 motion for post-conviction relief following an evidentiary hearing. We find that the motion court's findings of fact and conclusions of law are not clearly erroneous.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the motion court is affirmed under Rule 84.16(b).
STATE of Missouri, Respondent, v. Travis Dewayne COATS, Appellant.

WD 81024

Missouri Court of Appeals, Western District.

ORDER FILED: July 3, 2018

Christian Lehmberg, Columbia, MO, Counsel for Appellant.

Risa Perkins, Fulton, MO, Counsel for Respondent.

Before Division One: Lisa White Hardwick, P.J., Thomas H. Newton, and Edward R. Ardini, JJ.

**ORDER**

Per Curiam:

Mr. Travis Dewayne Coats appeals his conviction by a Callaway County jury of two counts of third-degree domestic assault. § 565.074, RSMo. (2000 and 2012 Supp.). The trial court sentenced him to ninety days of incarceration in jail on each count to be served concurrently but suspended execution of sentence, placing Mr. Coats on two years of supervised probation. For reasons stated in the memorandum *149provided to the parties, we affirm. Rule 30.25(b).
p.1 

OAR Box 1828 

Prepped by Ollie Stewart 

Document Number: 

68) ll-K-(B)-56 

Docket Number: 

A-83-27 

Printed 11/12/200811:12:50 AM Sheet 68 of 325 
P.2 

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II-K-(B)-56 

CONFIRM REGULATORY CASES FOR SEVENTH ROUND AND SUMMARIZE 

THE CHANGES THAT HAVE BEEN MADE TO THE MODEL. 

Letter from E. Medine, EEA to R. Short, EPA:SASD. 

September 15, 1980. 

THIS INFORMATION CAN BE FOUND IN DOCKET A-79-02, ITEM 

II-K-(B)-56
Order entered May 6 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 12 - 01385 - CV ANTHONY LEEARTIS HAL L, Appellant

V. OBINNA CHINEMEREM NJ OKU, Appellee On Appeal from the County Court at Law No. 2

Dallas County, Texas Trial C ourt Cause No. CC - 09 - 02988 - B



### O RDER We GRANT Charles I. Kaplan, Stella L. Dulanya, Kaplan & Associates, LLP, Jeffrey Hellberg, and David Hanschen’s April 23, 2014 motion to withdraw as counsel and DIRECT the Clerk of the Court to remove them as counsel for appellee. The Clerk of the Court shall direct all communications to appellee to the following address: Obinna Njoku All

- Ways Insurance Group, LLC 9035 Forest Lane, Suite 107 Dallas, Texas 75243 obie@all

- wa ysinsurance.com On our own motion, we GRANT appellee an extension of time to file his brief and ORDER the brief be filed no later than June 5, 2014.

/s/ ELIZABETH LANG

- MIERS JUSTICE
Exhibit 10.1


 


Executive Compensation and Equity
Awards


 


At a meeting of the
Compensation Committee of the Board of Directors of Allos Therapeutics, Inc.
(the “Company”) held on February 22, 2010, the Compensation Committee (a) determined
and approved 2009 cash bonus awards and 2010 base salaries and target bonus
awards (expressed as a percentage of base salary) for the Company’s “named
executive officers” (as defined in Item 402(a)(3) of Regulation S-K
promulgated by the Securities and Exchange Commission), and (b) granted
stock options and restricted stock units to the Company’s named executive
officers pursuant to the Company’s 2008 Equity Incentive Plan, in each case, as
set forth in the table below.  The 2009
cash bonus award and 2010 target bonus award (expressed as a percentage of base
salary) for the Company’s Chief Executive Officer was also reviewed and
approved by the full Board of Directors at a meeting held on February 22
and 23, 2010.


 


	
  Name and Title

  	
   

  	
  2009

  Bonus

  Award

  	
   

  	
  2010

  Base

  Salary

  	
   

  	
  2010

  Target

  Bonus (%)

  	
   

  	
  Stock

  Options

  	
   

  	
  Restricted

  Stock Units

  	
   

  
	
  Paul L. Berns

  President and Chief Executive Officer

  	
   

  	
  $

  	
  340,703

  	
   

  	
  $

  	
  550,000

  	
   

  	
  75

  	
  %

  	
  170,000

  	
   

  	
  100,000

  	
   

  
	
  James V. Caruso

  Executive Vice President, Chief Commercial Officer

  	
   

  	
  $

  	
  183,521

  	
   

  	
  $

  	
  426,929

  	
   

  	
  50

  	
  %

  	
  102,300

  	
   

  	
  58,254

  	
   

  
	
  Marc H. Graboyes

  Senior Vice President, General Counsel and Secretary

  	
   

  	
  $

  	
  137,418

  	
   

  	
  $

  	
  321,192

  	
   

  	
  50

  	
  %

  	
  73,083

  	
   

  	
  41,617

  	
   

  
	
  Bruce K. Bennett

  Vice President, Pharmaceutical Operations

  	
   

  	
  $

  	
  66,951

  	
   

  	
  $

  	
  245,180

  	
   

  	
  30

  	
  %

  	
  31,500

  	
   

  	
  17,937

  	
   

  
	
  David C. Clark

  Vice President, Finance and Treasurer

  	
   

  	
  $

  	
  59,789

  	
   

  	
  $

  	
  236,775

  	
   

  	
  30

  	
  %

  	
  26,250

  	
   

  	
  14,948
I 

109TH CONGRESS 

1ST SESSION H. R. 545 

To improve computer access for members of the United States Armed Forces 

serving in combat zones designated in connection with Operation Enduring Freedom and Operation Iraqi Freedom so that such members can 

use electronic mail to communicate with family members and other persons. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005 

Mr. GENE GREEN of Texas introduced the following bill; which was referred 

to the Committee on Armed Services 

A BILL 

To improve computer access for members of the United 

States Armed Forces serving in combat zones designated 

in connection with Operation Enduring Freedom and 

Operation Iraqi Freedom so that such members can use 

electronic mail to communicate with family members and 

other persons. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 545 IH 

1 SECTION 1. COMPUTER ACCESS FOR MEMBERS OF THE 

2 ARMED FORCES SERVING IN OPERATION EN3 DURING FREEDOM AND OPERATION IRAQI 

4 FREEDOM. 

5 (a) INCREASE IN NUMBER OF COMPUTERS IN COM6 BAT ZONES.—As soon as practicable after the date of the 

7 enactment of this Act, the Secretary of Defense shall in8 crease the number of computers located in combat zones 

9 designated in connection with Operation Enduring Free10 dom and Operation Iraqi Freedom so that the total num11 ber of computers available for regular use by members of 

12 the Armed Forces serving in such combat zones to send 

13 and receive personal electronic mail is at least double the 

14 number of computers available for such use as of Decem15 ber 31, 2004. 

16 (b) FUNDING SOURCES.— 

17 (1) IN GENERAL.—To achieve the increase in 

18 computer access required by subsection (a), the Sec19 retary of Defense shall maximize the use of existing 

20 Department of Defense computer equipment and ca21 pabilities, free or reduced-cost equipment and serv22 ices of private-sector entities, and programs to en23 hance the morale and welfare of members of the 

24 Armed Forces. The Secretary may not award a con25 tract to a commercial firm for the purposes of this 
3 

•HR 545 IH 

1 paragraph other than through the use of competitive 

2 procedures. 

3 (2) DONATIONS.—The Secretary may accept 

4 gifts and donations in order to defray the costs of 

5 acquiring, transporting, installing, and maintaining 

6 the computer equipment required by this section. 

7 Such gifts and donations may be accepted from— 

8 (A) any foreign government; 

9 (B) any foundation or other charitable or10 ganization, including any that is organized or 

11 operates under the laws of a foreign country; 

12 and 

13 (C) any source in the private sector of the 

14 United States or a foreign country. 

15 (c) NO COMPROMISE OF MILITARY MISSION.—The 

16 Secretary of Defense should not take any action under this 

17 section that would compromise the military objectives or 

18 mission of the Department of Defense. 

Æ
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II CITY OF PORT TOWNSEND, No. 47170

- 1

- II

Respondent,

v. UNPUBLISHED OPINION RYAN A. BOWEN, Petitioner.

M AXA , J.

— Ryan Bowen filed a motion for discretionary review of his conviction for possession of less than 40 grams of marijuana, entered by a court of limited jurisdiction. RAP 2.3(d). A commissioner of this court granted review. After we accepted review, Bowen and the City of Port Townsend filed an agreed motion to reverse the conviction. We reverse and dismiss Bowen’s conviction with prejudice

. FACTS Bowen was charged with misdemeanor marijuana possession on May 28, 2012. He entered into a pretrial diversion a greement on June 25, 2012. O n November 6, 2012, Washington voters passed Initiative 502 (I

- 502), decriminalizing the possession of small amounts of marijuana. I

- 502 became effective on December 6, 2012. In 2014, t he d istrict c ourt found that Bowen had f ailed to comply with the terms of his diversion agreement. The district court revoked the diversion agreement and conducted a Filed Washington State Court of Appeals Division Two June 21, 2016No. 47170

- 1

- II

2

stipulated facts bench trial. The district court found Bowen guilty of possession of less than 40 grams of marijuana. Bowen app eals his conviction.
ANALYSIS The parties rely on State v. Rose , 191 Wn. App. 858, 365 P.3d 756 (2015), review denied , N o. 92726

- 0 (Wash. June 1, 2016) and State v. Gradt , 192 Wn. App. 230, 366 P.3d 462 (2016) to jointly argue that the City ’ s opposition to Bowen ’ s appeal is futile and a waste of public funds. Upon review of Rose and Gradt , we agree. In Rose , Division Three of this court reversed the conviction of a defendant who entered into a deferral agreement before the passage of I

- 502, but who was convicted at a stipulated facts bench trial conducted after I

- 502 became effective. Rose , 191 Wn. App. at 8 61

- 63 . The court concluded t hat I

- 502 applied retroactively to cases in progress

. Id. at 868

- 69, 71 . T herefore, it reversed the defendant ’ s convictions for possession of less than 40 grams of marijuana and use of drug paraphernalia. Id. at 8 71.
In Gradt , we held that I

- 502 must be applied retroactiv ely to a defendant who was cited for marijuana possession before the effective date of I

- 502, but who was tried and convicted after voters passed the initiative. 192 Wn. App. at 236

- 37. Accordingly, we reversed the defendant’s convi ction. Id. at 237. The facts here are almost identical to those in Rose

. Because Gradt and Rose control, we reverse and dismiss Bowen ’ s conviction with prejudice.No. 47170

- 1

- II

3

A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.

MAXA, J.

We concur:

JOHANSON , J.

BJORGEN, C.J.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MANUEL GAMIZ-SOSA,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 13-73061

Agency No. A079-766-826

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 13, 2016**

Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.

Manuel Gamiz-Sosa, a native and citizen of Mexico, petitions for review of 

the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an 

immigration judge’s (“IJ”) decision denying his applications for cancellation of 

removal, asylum, withholding of removal, and protection under the Convention 

 

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

except as provided by 9th Cir. R. 36-3.

 **The panel unanimously concludes this case is suitable for decision without oral 

argument. See Fed. R. App. P. 34(a)(2).

FILED

APR 19 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 13-73061

Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We 

review for substantial evidence the agency’s factual findings. Wakkary v. Holder, 

558 F.3d 1049, 1056 (9th Cir. 2009). We deny the petition for review.

Although he argues the merits of his cancellation of removal claim, GamizSosa does not contest the BIA’s conclusion that he waived any challenge to the IJ’s 

dispositive finding that he was ineligible for cancellation of removal based on his 

conviction for illegal possession of a firearm. See Corro-Barragan v. Holder, 718 

F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief 

resulted in waiver). Thus we deny the petition for review as to cancellation of 

removal.

Similarly, Gamiz-Sosa makes no arguments challenging the BIA’s 

dispositive finding that he failed to show or allege the Mexican government is 

unwilling or unable to protect him from the individuals he fears. See id. Thus, 

we deny the petition as to Gamiz-Sosa’s asylum and withholding of removal 

claims. 

Finally, substantial evidence supports the BIA’s denial of Gamiz-Sosa’s 

CAT claim because he failed to establish it is more likely than not he would be

tortured by or with the consent or acquiescence of the government if returned to 

Mexico. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). 

PETITION FOR REVIEW DENIED.
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







In connection with the Quarterly Report of Dahua, Inc. (the "Company") on Form 10-QSB/A2 for the period ending June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Younglin Du, CEO and President 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; and



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









|                            | 
|--------------------------- | 
|/s/ Yonglin Du              | 
|Yonglin Du, CEO & President | 





March 30, 2007
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 Health and Human Services

###### National Institutes of Health 

                    Notice is hereby given of a change in the meeting of the President's Cancer Panel, March 17, 2009, 1 p.m. to 3 p.m. which was published in the                     **Federal Register**                     on February 25, 2009, 74 FR 8557.                 

This meeting is being amended to reschedule the meeting to Monday, March 23, 2009, 12:30 p.m. to 3 p.m. as a telephone conference. The meeting is closed to the public. 

Dated: March 13, 2009. 

Jennifer Spaeth, 

Director,  Office of Federal Advisory Committee Policy.

 [FR Doc. E9-6046 Filed 3-18-09; 8:45 am] 

BILLING CODE 4140-01-P
Exhibit32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Salomon Smith Barney Fairfield Futures Fund L.P.(the "Partnership") on Form 10-Q for theperiod ending March 31, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, David J. Vogel, President and Director of Citigroup Managed FuturesLLC, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to§ 906 of the Sarbanes-Oxley Act of 2002, that:

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

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and resultsof operations of the Partnership.

/s/ David J.Vogel

|  |
|--|
|  |  |
|  |

David J.VogelCitigroup Managed Futures LLC President andDirector     May 10,2005

----
### 1997 D e c i sion s O p inion s of the U nit e d

S t a t e s C our t of Appe al s for the Thir d C ir c uit

11-28-1997


# W i l li a ms v . Run y on

P r e c e de n t i al or N on-P r e c e de n t i al :

D ock e t

97-5035



### F o l lo w thi s a nd a dd it ion al w ork s a t : h tt p://d i g it alc ommon s .l a w

. v i l l a no v a

. e du/thir dc ir c uit_1997

Thi s de c i sion i s br ou gh t t o y ou for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit a t V i l l a no v a

U niv e r sit y S choo l of L a

w Di g it al R e posit or y

. I t h as be e n a c c e pt e d for inclusion in 1997 D e c i sion s b y a n a uthor i z e d a dmini s tr a t or of V i l l a no v a

U niv e r sit y S choo l of L a

w Di g it al R e posit or y

. F or mor e infor m a t ion, p le as e c on t a ct Be n j a min

. C a rl s on@l a

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. v i l l a no v a

. e du

. 

### R e c omme nde d C it a t ion

" W i l l i a m s v . R un y on " (1997). 1997 D e cisio n s

. P a pe r 268.

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w

. v i l l a no v a

. e du/thir dc ir c uit_1997/268UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 97

- 5035 Williams vs. Runyon, et al

The following modifications have been made to the Court's Opinion issued on November 28, 1997 in the above

- entitled appeal and will appear as part of the final version of the opinion:

On page 3, second line from the top, the last word "sex" should be replaced with the word "sexual."

On page 4, first line, t he word "her" should be replaced

with the word "Williams'".

On page 5 of the slip opinion, 10 lines from the bottom:

"Red. R. Civ. P." should be "Fed. R. Civ. P."

On page 6, 5 lines into Section II, there should be a period

after "Fed."

O n page 6, 3 lines from the bottom, the word " defendants' " preceding right to raise...' should be replaced with

"defendant's".

On page 8, in the third full paragraph, the word "the" preceding "Williams had exhausted" should be deleted.

On pages 8 and 9, the last two lines of each: "April 24, 1995" should be replaced with "April 24, 1996"

Very truly yours,

/s/ P. Douglas Sisk,

Clerk

Dated: December 15, 1997
[No. 52267-1-I.

Division One.

April 26, 2004.]

#### The State of Washington, *Respondent,*v. Darryl Dawston, *Appellant.*

Appeal from a judgment of the Superior Court for Skagit County, No. 01-1-00041-1, Michael E. Riekert, J., entered April 18, 2003. *Remanded*by unpublished per curiam opinion.
MEMORANDUM 

DATE: October 30, 2014

TO: Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Howard J. Hoffman, EPA - OGC

SUBJECT: October 21, 2014 Meeting with AJW-Inc. and Johnson Controls Regarding 

Proposed Clean Power Plan for Existing Power Plants

SUMMARY

On October 30, 2014, EPA-OGC met with AJW-Inc. and Johnson Controls to discuss legal 

issues concerning the proposed Clean Power Plan for existing power plants.

ATTENDEES

Christopher Miller, AJW, Inc.

Christopher J. Hessler, AJW-Inc.

Mark F. Wagner, Johnson Controls

Howard J. Hoffman, EPA-OGC

Aileen Roder, EPA-OGC
EXHIBIT 32.1

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Mewbourne Energy Partners 03-A, L.P. (the Registrant) on Form 10-Q for the
three months ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certifies, in the capacity as indicated below and pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------

| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Date:                 August 16, 2010



/s/ Curtis W. MewbourneCurtis W. MewbourneChief Executive OfficerMewbourne Development Corporation,Managing General Partner of the Registrant