alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Roberto Carlos HOLLMAN-SANABRIA, Defendant-Appellant.

No. 03-10552.

D.C. No. CR-03-00100-DCB.

United States Court of Appeals, Ninth Circuit.

Submitted May 10, 2004.*

Decided May 14, 2004.

Julia Soto Maldonado, Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Rosemary Marquez, Montoya *&*Marquez, Tucson, AZ, for Defendant-Appellant.

Before CANBY, KOZINSKI, and PAEZ, Circuit Judges.

*

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

MEMORANDUM**

Roberto Carlos Hollman-Sanabria appeals the sentence imposed following his guilty plea to illegal re-entry after deportation in violation of 8 U.S.C. § 1326 with a sentencing enhancement pursuant to 8 U.S.C. § 1326(b)(2).

We lack jurisdiction to review the district court’s decision to grant a two-level, rather than a four-level, downward depar*157ture for savings to the government. *United States v. Dickey,*924 F.2d 836, 838 (9th Cir.1991) (the extent to which a district court chooses to exercise its discretion in fixing a downward departure is not reviewable on appeal). We lack jurisdiction to review the district court’s failure to depart based on Hollman-Sanabria’s extraordinary mental and emotional abuse as a child, where the district court stated “I am going to exercise my discretion not to depart farther based on diminished capacity or any other departure, even if recognized by the guidelines.” *United States v. Davoudi*172 F.3d 1130, 1133 (9th Cir.1999) (discretionary refusal to depart is unreviewable).

DISMISSED.

**

 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.
This opinion is subject to administrative correction before final disposition.

Before 

GASTON, ATTANASIO, and HOUTZ

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Tajh L. BARBER

Lance Corporal (E-3), U.S. Marine Corps

Appellant

No. 202000265

Decided: 28 April 2021

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: 

Kyle G. Phillips

Sentence adjudged 31 July 2020 by a general court-martial convened 

at Marine Corps Base Camp Lejeune, North Carolina, consisting of a 

military judge sitting alone. Sentence in the Entry of Judgment: reduction to E-1, confinement for ten months, and a bad-conduct discharge.

For Appellant: 

Commander Michael E. Maffei, JAGC, USN

For Appellee:

Brian K. Keller, Esq.
United States v. Barber, NMCCA No. 202000265

Opinion of the Court

2

_________________________

This opinion does not serve as binding precedent under 

NMCCA Rule of Appellate Procedure 30.2(a).

_________________________

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the findings and sentence are correct in law 

and fact and that no error materially prejudicial to Appellant’s substantial 

rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. 

§§ 859, 866.

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court
**Exhibit32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICEROF TRM CORPORATIONAS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002,18 U.S.C. SECTION 1350**

 

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, I, Kenneth L. Tepper,Chief Executive Officer of TRM Corporation (the “Company”), hereby certify thatthe accompanying Quarterly Report of the Company on Form 10-Q for thequarterly period ended September 30, 2003 (the “Report”), fully complieswith the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934 and that the information contained in the Report fairly presents,in all material respects, the financial condition and results of operations ofthe Company.

 
| Date:  November 14, 2003 | By:    | /s/ Kenneth  Lewis Tepper |   |
|-------------------------------|--------|---------------------------|--------|
|                          |   | Kenneth  Lewis Tepper     |
|                          |   | Chief  Executive Officer  |

 

----
Francis P. SICOLA, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-1427

District Court of Appeal of Florida, Second District.

Opinion filed October 20, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
##### 



Exhibit 10.7(l)
 
  Re: Executive Vice President  Corporate Operations
   1.
    
    Base salary of $25,000 per month, equivalent to $300,000 annually.2.
    
    Annual bonuses will be determined by the compensation committee of the board of directors as
of each anniversary of the Commencement Date and will be targeted to be at least 50% of your
base salary. For the first year of your employment, the bonus will not be less than $100,000.3.
    
    You will be granted 50,000 shares of restricted stock and 50,000 options to acquire common
stock as of the Commencement Date, to vest over three years, with acceleration of vesting upon
a Change in Control.4.
    
    You may terminate your employment upon not less than thirty (30) days written notice. If
your employment is terminated by TRM (other than due to a Change in Control or for cause)
you will receive severance equal to one month of annual compensation for each month (or part
thereof) you will have been at TRM, but such severance shall not be less than six months
compensation nor greater than twenty-four months compensation. If your employment is
terminated by TRM upon or in anticipation of a Change in Control then the minimum severance
will be one year of compensation. As used herein, the term Change in Control shall mean the
direct or indirect sale, lease, transfer, conveyance or other disposition, in one or a series
of related transactions, of all or substantially all of the properties or assets of the
Company and its subsidiaries taken as a whole. As used herein cause shall mean you have
committed a crime of moral turpitude, you use alcohol in an inappropriate manner or any
unlawful controlled substance while performing your duties and such use materially interferes
with the performance of your duties, you commit any act of criminal fraud, material dishonesty
or misappropriation relating to or involving the Company or you materially violate a rule,
regulation, policy or plan governing your employment.
 54




---



##### 



5.
    
    Medical/Dental and Flexible Spending Account coverage will be available on 1 January 2007.6.
    
    401(k) plan open enrollment is quarterly. You will be eligible 1 January 2007.7.
    
    Personal Time Off (PTO) will begin accumulating 1 October 2006 at a rate of 13.34 hours per
month.
     
  /s/ Richard B. Stern

Richard B. Stern
    
    9/15/06

Date
 55
J.A.M.P., Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-62

District Court of Appeal of Florida, Second District.

Opinion filed October 20, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Holli BATY, Appellant/Petitioner(s), v. Wesley EARIHEART, Appellee/Respondent(s).

CASE NO.: 2D17-3405

District Court of Appeal of Florida, Second District.

October 06, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Anne PERSICO, Appellant, v. Margaret M. EGAN, individually, and as Trustee of the Jane Egan Trust u/a/d August 4, 2004, Appellee.

No. 4D17-1185

District Court of Appeal of Florida, Fourth District.

[February 22, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Kathy R. NOLAN, Appellant/Petitioner(s), v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Appellee/Respondent(s).

CASE NO.: 2D16-4264

District Court of Appeal of Florida, Second District.

August 31, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Anthony S. TABBITA, Appellant, v. CUI LING HUANG, Appellee.

No. 3D17-50

District Court of Appeal of Florida, Third District.

Opinion filed February 14, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# m

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Daniel Carroll LEVASSEUR, Appellant, v. Cassie Lynn LEVASSEUR, Appellee.

No. 1D17-1689

District Court of Appeal of Florida, First District.

April 18, 2018

Daniel Carroll LeVasseur, pro se, Appellant.

No appearance for Appellee.

Per Curiam.

*1295AFFIRMED . *See**Frost v. Frost* , 227 So.3d 227, 227 (Fla. 1st DCA 2017) ("This court has consistently held that absent fundamental error, we will not address legal issues not presented to the trial court.").

Rowe, Ray, and Makar, JJ., concur.
CERTIFICATION

      I, Gary J. Novinskie, certify that:

      1. I have reviewed this Quarterly Report on Form 10-QSB of Daleco
Resources Corporation for the period ending June 30, 2005 ("quarterly report").

      2. Based on my knowledge, this First amendment to quarterly 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 quarterly report;

      3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

      4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

            (a) designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

            (b) evaluated the effectiveness of the registrant's disclosure
controls and procedures as of a date within 90 days prior to the filing date of
this quarterly report (the "Evaluation Date"); and

            (c) presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;

      5. The registrant's other certifying officers and I have disclosed, based
on our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

            (a) all significant deficiencies in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weakness in internal controls; and

            (b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

      6. The registrant's other certifying officers and I have indicated in this
quarterly report whether there were significant changes in internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: August 15, 2005                     /s/ Gary J. Novinskie
                                          --------------------------------------
                                          Gary J. Novinskie
                                          President and Chief Financial Officer
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 this Form 10-K period report of Tri-Tech Holding Inc. for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof and pursuant to
18 U.S.C. 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Peter Dong, certify that:

(1) This period report
containing the financial statements 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 this period report fairly presents, in all material respects, the financial condition and results of operations of
Tri-Tech Holding Inc.

Date: March 28, 2011



/s/ Peter DongPeter DongPrincipal Financial Officer
Document

Exhibit 10(d)


Magellan GP, LLC
Non-Management Director
Compensation Program


Effective January 1, 2022




									
		Compensation	Timing of Payment(1)

	Annual Board Retainer:(2)


Cash




Common Units
	



$80,000






$135,000(3)
	



Paid quarterly as of January 1st, April 1st, July 1st and October 1st


As of January 1st

	Annual Chair Retainer:(2)


Audit Committee


Compensation Committee


Conflicts Committee


Nominating and Governance
Committee


Sustainability Committee


Lead Director


Independent Board Chair
	

$20,000

$20,000

$10,000

$15,000


$15,000

$20,000

$75,000
	





Paid quarterly as of January 1st, April 1st, July 1st and October 1st

	Meeting Fees:


Board Meeting Fees


Committee Meeting Fees
	

$1,500 per meeting

$1,500 per meeting	



Paid quarterly as of January 1st, April 1st, July 1st and October 1st





1.For newly elected directors or a newly appointed committee chair, the annual board retainer and annual chair retainer, if applicable, are payable pro-rata for the year of election.  


2.Directors who resign from the board or relinquish their role of committee chair after a payment date has occurred, but prior to the payment having been received, will receive a pro-rata annual board retainer and annual chair retainer for the period of time between the payment date and the resignation/relinquishment. 


3.The number of common units to be issued for the annual board retainer will be determined based on the closing price on the first business day immediately following the January 1st payment date.
674 

SUPREME COURT 

OF 

NEVADA 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

IN THE MATTER OF RESIGNATION 

OF ERIC WILLIS BAR NO. 10798. 

No. 70188 

FILED 

MAY 0 9 2016 

ORDER GRANTING PETITION FOR RESIGNATION 

This is a joint petition by the State Bar of Nevada and 

attorney Eric Willis for his resignation from the Nevada bar. 

SCR 98(5) provides that Nevada attorneys who are not 

actively practicing law in this state may resign from the state bar if 

certain conditions are met. The petition includes statements from state 

bar staff confirming that no disciplinary, fee dispute arbitration, or client 

security fund matters are pending against Willis; and that he is current on 

all membership fee payments and other financial commitments relating to 

his practice of law in this state. See SCR 98(5)(a)(1)-(2). 

Bar counsel has recommended that the resignation be 

approved, and the Board of Governors has approved the application for 

resignation. See SCR 98(5)(a)(2). Willis acknowledges that his 

resignation is irrevocable and that the state bar retains continuing 

jurisdiction with respect to matters involving a past member's conduct 

prior to resignation. See SCR 98(5)(c)-(d). Finally, Willis has submitted 

an affidavit of compliance with SCR 115. See SCR 98(5)(e). 

(0) 1947A ex> 
Douglas 

CLUZ 

Cherry 

Gibbons 

The petition satisfies the requirements of SCR 98(5). 

Accordingly, we approve attorney Eric Willis's resignation. SCR 

98(5)(a)(2). The petition is hereby granted. 

It is so ORDERED. 

I 41-01 co- C.J. 

Parraguirre 

Hardesty 

Pickering 

J. 

J. 

J. 

cc: Eric C Willis 

C. Stanley Hunterton, Bar Counsel, State Bar of Nevada 

Kimberly K. Farmer, Executive Director, State Bar of Nevada 

Perry Thompson, Admissions Officer, U.S. Supreme Court 

SUPREME COURT 

OF 

NEVADA 2 

(0) 1947A 0
Wentz MAYALA, Appellant, v. COUNTRYWIDE BANK FSB, Appellee.

No. 3D17-275

District Court of Appeal of Florida, Third District.

Opinion filed October 11, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-90,146-01

EX PARTE JAMES WADE ELROD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 11,834-A IN THE 46TH DISTRICT COURT

FROM WILBARGER COUNTY 

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of

burglary of a habitation and sentenced to imprisonment for eight years.

On July 3, 2019, an order designating issues was signed by the trial court. The habeas record

has been properly forwarded to this Court by the district clerk pursuant to TEX.R.APP.P.73.4(b)(5). 

However, the record has been forwarded without the trial court having resolved the designated

issue(s) in this case. We remand this application to the 46 District Court of Wilbarger County to th

allow the trial judge to complete an evidentiary investigation and enter findings of fact and
conclusions of law.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court. 

Filed: August 21, 2019

Do not publish
<TABLE> <S> <C>

<ARTICLE>        5
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MEDICAL
DISCOVERIES, INC. JUNE 30, 1998 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
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<S>                             <C>
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<FISCAL-YEAR-END>                          DEC-31-1998
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<RECEIVABLES>                                   11,477
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Erik BRYANT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-2843

District Court of Appeal of Florida, Second District.

August 29, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Roderick COOK v. Ruby Wood LUNSFORD

1150847

Supreme Court of Alabama.

November 10, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Thomas R. DOYLE, Appellant, v. STATE of Missouri, Respondent.

WD 81144

Missouri Court of Appeals, Western District.

ORDER FILED: March 26, 2019

Natalie H. Hoge, Kansas City, MO, for appellant.

Gregory L. Barnes, Jefferson City, MO, for respondent.

Before Division One: Cynthia L. Martin, Presiding Judge, Victor C. Howard, Judge and Thomas H. Newton, Judge

**ORDER**

Per curiam:

Thomas Doyle appeals the denial of his Rule 29.15 motion which alleged ineffective assistance of counsel because trial counsel failed to investigate and present evidence of false disclosures by alleged victims and evidence pertaining to adolescent memory development when that evidence would have supported a defense that Doyle did not commit the crimes charged. Because it was not clearly erroneous for the motion court to find that it was sound trial strategy not to call an expert witness for this purpose, we affirm. Rule 84.16(b).