alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2012 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

12-10-2012 

# U S A v . C r e mne B r a nch

P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ock e t N o . 11-1205

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_2012

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 2012 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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" U SA v . C r e mne B r a nch " (2012). 2012 D e cisio n s . P a pe r 62. 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_2012/62

### UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________ No. 11

- 1205

_____________ UNITED STATES OF AMERICA

v. CREMNE BRANCH,

Appellant

_____________ On Appeal from the United States District Court for the Middle District of Pennsylvania (No. 1

- 05

- cr - 00146

- 001 ) District Judge: Honorable Christopher C. Connor Submitted Pursuant to Third Circuit L.A.R. 34.1(a)

September 1 1 , 2012

____________ Before: SMITH, CHAGARES, and GARTH, Circuit Judges

.



### (Filed: Dece mber 10, 2012)

___________ JUDGMENT ORDER

____________ The defendant Branche having appealed from the denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 and from the denial of a certifica te of appealability by the District Court, it is on this 10 th 

### day of December, 2012 ordered and adjudged that the judgment of the District Court entered on December 17,

### 2010 be and the same is hereby affirmed substantially for the reasons so adequately set

forth in the District Court’s opinion. BY THE COURT, Michael A. Chagares Circuit Judge Dated: December 10 , 2012
| 1. | The      Form 10-Q 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-Q fairly presents, in all material      respects, the financial condition and results of operations of the      Company. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |   | /s/ Gregory      R. Hahn              |   |
|--------|--------|--------------------------------------------|--------|
|   |   | Gregory      R. Hahn                       |   |
|   |   | President      and Chief Executive Officer |   |
|   |   | February      13, 2009                     |   |
---

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 

I, Dr. Ahmad Doroudian, hereby 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 Annual Report on Form 10-K of Neurokine
      Pharmaceuticals Inc. for the year ended January 31, 2011 (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 Neurokine Pharmaceuticals Inc.                                                              

Dated: May 10, 2011

| | /s/
      Dr. Ahmad Doroudian                         
| | ------------------------------------------------------
| | Dr. Ahmad Doroudian                                   
| | President, Chief Executive Officer, and
      Director
| | (Principal Executive Officer)                         
| | Neurokine Pharmaceuticals Inc.                        

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Neurokine
Pharmaceuticals Inc. and will be retained by Neurokine Pharmaceuticals Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

---
Timothy WILSON, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3514

District Court of Appeal of Florida, First District.

Opinion filed December 22, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

July 31, 2013

t0731 

# Order

Clerk July 31, 2013

147332 & (51)

MICHAEL BEYDOUN,

Plaintiff

- Appellee,

v SC: 147332

COA: 304729

Wayne CC: 09

- 026647

- NI

CHARLES BENJAMIN WILLS, JR.,

Defendant,

and

CITY OF DETROIT,

Defendant

- Appellant.

_________________________________________/

On order of the Court, it appearing that proceedings in this case are stayed by the

filing of a petition in bankruptcy, In re City of Detroit, Michigan , U.S. Bankruptcy Court,

Eastern District of Michigan Case No. 13

- 53846, the case is administratively CLO SED

without prejudice and without decision on the merits. Once the stay is no longer in

effect, this case may be reopened on the motion of any party filed within 42 days after the

date of the order removing the stay.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
Sterling Drilling Fund third quarter 1998 10Q and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          36,610
<SECURITIES>                                         0
<RECEIVABLES>                                    8,497
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                45,107
<PP&E>                                       7,982,144
<DEPRECIATION>                              (6,995,755)
<TOTAL-ASSETS>                               1,031,496
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,031,496<F1>
<TOTAL-LIABILITY-AND-EQUITY>                 1,031,496
<SALES>                                        215,630<F2>
<TOTAL-REVENUES>                               215,630
<CGS>                                          201,104
<TOTAL-COSTS>                                  201,104
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,526
<EPS-PRIMARY>                                     0.72<F3>
<EPS-DILUTED>                                        0
<FN>
<F1>Other-se includes total partners' equity.
<F2>Sales includes $903 of interest income.
<F3>The limited partnership income was sperated by class of partner.  The
limited partner class income was divided by the total number of
limited partnership units of 9,236.
</FN>
        

</TABLE>
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 93 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 93

    Expressing support for the designation of February 4, 2023, as 
                  ``National Cancer Prevention Day''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2023

   Mrs. Dingell (for herself and Mr. James) submitted the following 
 resolution; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
    Expressing support for the designation of February 4, 2023, as 
                  ``National Cancer Prevention Day''.

Whereas National Cancer Prevention Day is a day to remind us that, when looking 
        at cancer, we need to look at prevention and reducing risks for human 
        health and the environment;
Whereas when we work to prevent cancer risks, it impacts human health, the 
        environment, and the economy;
Whereas cancer is one of the leading causes of death around the world and has 
        touched the lives of nearly everyone, either directly or indirectly;
Whereas cancer is the cause of nearly 1 out of every 4 deaths in the United 
        States;
Whereas, in 2023, there will be an estimated 1,958,310 new cancer cases 
        diagnosed and 609,820 cancer deaths in the United States;
Whereas cancer is the second most common cause of death among children ages 1 to 
        14 years in the United States after accidents, and in 2023 an estimated 
        9,910 children in this age group will be diagnosed with cancer, and 
        1,040 will die from it;
Whereas President Biden has reignited the Cancer Moonshot to encourage all 
        Americans, companies, institutions, and organizations to work together 
        to cut the death rate from cancer by 50 percent over the next 25 years; 
        and
Whereas February 4, 2023, would be an appropriate date to designate as 
        ``National Cancer Prevention Day'': Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the designation of ``National Cancer 
        Prevention Day'';
            (2) recognizes all efforts to raise the awareness for the 
        reduction of cancer risks; and
            (3) recognizes the devastating effect cancer has on 
        families and wishes to expand knowledge, encourage early 
        detection, and work with friends in the medical and scientific 
        fields to put an end to this deadly disease.
                                 <all>
```
#### Wigit SUDWIKATMONO, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 03-70476.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 13, 2004.

Decided May 27, 2004.

*800Robert G. Ryan, Esq., Law Offices of Eugene C. Wong, PC, San Francisco, CA, for Petitioner.

Regional Counsel, Western Region, Immigration *&*Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, Eugene C. Wong, Esq., Law Offices of Eugene C. Wong, PC, San Francisco, CA, Jeffrey J. Bernstein, Esq., U.S. Department of Justice, Washington, DC, for Respondent.

Before: B. FLETCHER, TROTT and FISHER, Circuit Judges.

MEMORANDUM *

Wigit Sudwikatmono is an ethnic Chinese Christian who seeks protection based on alleged persecution of ethnic Chinese and Christians in Indonesia. The Immigration Judge denied his application for asylum, withholding of removal and protection under the Convention Against Torture. He petitions for review of the Board of Immigration Appeals’ ruling affirming the Immigration Judge’s decision. We have jurisdiction pursuant to 8 U.S.C. § 1252 (2000).

Substantial evidence supports the Board’s conclusion that Sudwikatmono has not established a “pattern or practice of persecution” of ethnic Chinese or Christians in Indonesia. *Mgoian v. INS,*184 F.3d 1029, 1035 (9th Cir.1999). Moreover, the evidence does not compel a finding that Sudwikatmono has a well-founded fear of persecution. *See Ghaly v. INS,*58 F.3d 1425, 1431 (9th Cir.1995).

Because Sudwikatmono has failed to satisfy the standard of proof for asylum eligibility, he also fails to meet the more stringent standard for withholding of removal. *Id.*at 1429. Furthermore, he has not established that it is “more likely than not that he ... would be tortured” if returned to Indonesia. *Kamalthas v. INS,*251 F.3d 1279, 1283 (9th Cir.2001).

PETITION DENIED.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
EXHIBIT 99.1

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


     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection
with  the  Quarterly Report on Form 10-Q of Concurrent Computer Corporation (the
"Corporation")  for  the  quarter  ended  March  31,  2003,  as  filed  with the
Securities  and  Exchange  Commission  on  the  date  hereof (the "Report"), the
undersigned,  the  President  and  Chief  Executive  Officer  of the Corporation
certifies  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 operation of
          the Corporation.



  /s/ Jack A. Bryant
-----------------------------------------
Jack A. Bryant
President and Chief Executive Officer
May 15, 2003


A signed original of this written statement required by Section 906 has been
provided to Concurrent Computer Corporation and will be retained by Concurrent
Computer Corporation and furnished to the Securities and Exchange Commission or
its staff upon request.


<PAGE>
EXHIBIT
32.3



CERTIFICATION
OF CHIEF FINANCIAL OFFICER

PURSUANT
TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Phillip J. Ahn, certify that:



| | 1. | I have reviewed this report
on Form 10-K/A of B. Riley Financial, Inc.;
| | -- | -----------------------------------------------------------------------



| | 2. | Based on my knowledge, this
report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by
this report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: April 22, 2020



| | /s/ PHILLIP J. AHN                                 
| | ---------------------------------------------------
| | Phillip J. Ahn                                     
| | Chief Financial Officer and Chief Operating Officer
| | (Principal Financial Officer)
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 923 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 923

 Designating the main hearing room of the Committee on Transportation 
     and Infrastructure as the ``Chairman Don Young Hearing Room''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2023

    Mr. Mast (for himself and Mrs. Peltola) submitted the following 
 resolution; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                               RESOLUTION

 
 Designating the main hearing room of the Committee on Transportation 
     and Infrastructure as the ``Chairman Don Young Hearing Room''.

    Resolved,

SECTION 1. DESIGNATING HEARING ROOM IN HONOR OF CHAIRMAN DON YOUNG.

    (a) Designation.--The main hearing room of the Committee on 
Transportation and Infrastructure (room 2167 of the Rayburn House 
Office Building) is designated as the ``Chairman Don Young Hearing 
Room''.
    (b) Commemorative Plaque.--
            (1) Placement of plaque over doorways of hearing room.--The 
        Architect of the Capitol shall place a plaque over each of the 
        doorways leading from the public hallway outside the hearing 
        room referred to in subsection (a) to the hearing room.
            (2) Contents of plaque.--The Architect of the Capitol shall 
        engrave on the plaque described in paragraph (1) the following 
        (in such form and presentation as the Architect considers 
        appropriate): ``The Chairman Don Young Hearing Room--
        Congressman for ALL Alaska''.
                                 <all>
```
Document

EXHIBIT 10.21

THIRD AMENDMENT
TO THE
CATERPILLAR INC.
SUPPLEMENTAL EMPLOYEES’ INVESTMENT PLAN
Caterpillar Inc. (the “Company”) sponsors the Caterpillar Inc. Supplemental Employees’ Investment Plan (the “Plan”). The Plan was most recently amended and restated effective May 15, 2017 by a document dated May 9, 2017.  Pursuant to Section 9.1 of the Plan, the Company has reserved the right to amend the Plan, in whole or in part, at any time. By this instrument, the Company amends the Plan to reflect overpayment recovery changes.
    1.    This Third Amendment shall be effective as of January 1, 2022. 
    2.    Article X of the Plan is amended to add a new Section 10.13 to read as follows:
“10.13       Overpayments.  If it is determined that the benefits under the Plan should not have been paid or should have been paid in a lesser amount, the Plan has the right at any time to, as elected by the Plan Administrator: (i) recover the overpayment from the recipient to whom it was made; (ii) offset the amount of that overpayment from a future payment to the recipient; or (iii) a combination of (i) and (ii).  The Plan Administrator or the Company may also take all actions permissible under law and applicable guidance to recover for the Plan the amount of the overpayment.”
    3.    This Third Amendment amends only the provisions of the Plan as noted herein, and those provisions not expressly amended shall be considered in full force and effect. Notwithstanding the foregoing, this Third Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions and the intent of this Third Amendment.
			
	










IN WITNESS WHEREOF, the Company has caused this Third Amendment to be executed by its duly authorized representative as of December 15, 2021.


												
	CATERPILLAR INC.
	
	  /s/ Cheryl H. Johnson
	
	Cheryl H. Johnson
	Chief Human Resources Officer




			
	

2
#### P.F. LAZOR, Plaintiff-Appellant, v. Scott PATTERSON; et al., Defendants-Appellees.

No. 03-55540.

United States Court of Appeals, Ninth Circuit.

*779Submitted May 10, 2004.*

Decided May 19, 2004.

P.F. Lazor, Lancaster, CA, pro se.

Before: CANBY, KOZINSKI, and PAEZ, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

P.F. Lazor, a California state prisoner, appeals pro se the district court’s judgment dismissing without prejudice, pursuant to 28 U.S.C. § 1915(g), his 42 U.S.C. § 1983 action alleging that prison officials violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Taylor v. Delatoore,*281 F.3d 844, 847 (9th Cir.2002). We affirm.

The district court properly dismissed Lazor’s action pursuant to section 1915(g) because the record shows that Lazor has, on three or more prior occasions, brought an action that was dismissed as frivolous, malicious, or for failure to state a claim. *See*28 U.S.C. § 1915(g).

Lazor’s remaining contentions lack merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Rose SZYMANSKI, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-210

District Court of Appeal of Florida, Second District.

Opinion filed March 7, 2018

Howard L. Dimmig, II, Public Defender, and Caroline Joan Picart, Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Rose Szymanski appeals her judgment and sentences for battery on a law enforcement officer, possession of cannabis, and possession of drug paraphernalia. We affirm in all respects but one. Ms. Szymanski argues-and the State correctly concedes-that the trial court erred by explicitly relying upon her lack of remorse in imposing her sentences. Our precedents require that we reverse Ms. Szymanski's sentences and remand the case to the trial court with instructions for Ms. Szymanski to be resentenced before a different judge. *See**Williams v. State*, 164 So.3d 739, 740-41 (Fla. 2d DCA 2015) ; *Brown v. State*, 27 So.3d 181, 183 (Fla. 2d DCA 2010).

Affirmed in part, reversed in part, and remanded with instructions.

CASANUEVA, CRENSHAW, and SALARIO, JJ., Concur.
Exhibit 32.1

Certification of Chief Executive Officer of  Advance America, Cash Advance Centers, Inc.  Pursuant to 18 U.S.C. Section 1350  (Adopted by Section 906 of the
Sarbanes-Oxley Act of 2002)

In connection with the Annual Report on Form 10-K of Advance America, Cash Advance Centers, Inc. (the "Company") for the year ended
December 31, 2007, as filed with the Securities and Exchange Commission (the "Report"), I, Kenneth E. Compton, President and Chief Executive Officer, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|                  | /s/KENNETH E. COMPTONKenneth E. Compton President and Chief Executive
Officer
|----------------- | -----------------------------------------------------------------------------
|February 29, 2008 |                                                                              

---



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