alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Alberto PADILLA-PEDRAZA, Defendant—Appellant.

Nos. 03-10348, 03-10349.

United States Court of Appeals, Ninth Circuit.

Submitted May 10, 2004.*

Decided May 14, 2004.

Robert A. Bork, Esq., Office of the U.S. Attorney, Las Vegas, NV, for PlaintiffAppellee.

John C. Lambrose, Esq., Anne R. Traum, Esq., Federal Public Defender’s Office, Las Vegas, NV, 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 **

Alberto Padilla-Pedraza appeals the 77-month sentence imposed following his conviction by jury trial for unlawful reentry following deportation, in violation of 8 U.S.C. § 1326, and the consecutive 6-month sentence imposed following his admission to violating the terms of his supervised release for a prior conviction of bank robbery. We have jurisdiction pursuant to 18 U.S.C. § 3742. We affirm in part and vacate in part.

Padilla-Pedraza contends that the district court erred when it denied his request for a downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. We agree. We review de novo whether a district court misapprehended the law, and we review for clear error its factual determinations with respect to the acceptance of responsibility reduction. *See United States v. Cortes,*299 F.3d 1030, 1037 (9th Cir.2002), *cert. denied,*537 U.S. 1224, 123 S.Ct. 1333, 154 L.Ed.2d 1084 (2003). The government incorrectly contended at sentencing that Padilla-Pedraza’s decision to go to trial for a *150reason other than to assert or to preserve a legal issue not related to factual guilt “disqualifie[d]” him from consideration for the reduction, *see United States v. McKinney,*15 F.3d 849, 852-53 (9th Cir.1994), and the district court appeared to simply accept this argument. Because the record fails to make clear whether the district court recognized that Padilla-Pedraza’s decision to go to trial to contest an issue related to factual guilt was not a *per se*bar to receiving the § 3E1.1 adjustment, we vacate his 77-month sentence and remand so that the district court may consider all the relevant factors related to the acceptance of responsibility reduction. *See id.*at 1038-39. We express no opinion on the merits of Padilla-Pedraza’s request for this reduction.

We reject Padilla-Pedraza’s contention that the district court erred by enhancing his sentence because of his prior conviction for bank robbery. *See Apprendi v. New Jersey,*530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (holding that *“[ojther than the fact of a prior conviction,*any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”) (emphasis added).

AFFIRMED in part, VACATED and REMANDED in part.

**

 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 32.2**

** **

**  **

**CERTIFICATE OF PRINCIPAL FINANCIALOFFICER PURSUANT TO**

**18 U.S. SECTION 1350, AS ENACTEDPURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

 

Inconnection with the Quarterly Report of Seitel, Inc. on Form 10-Q for the quarterended September 30, 2005, as filed with the Securities and Exchange Commission onthe date hereof (the "Report"), I, William Restrepo, PrincipalFinancial 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, to thebest of my knowledge and belief, 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 Company.

 

Date: November 8, 2005

  /s/ William Restrepo

William Restrepo

Principal  Financial Officer

 

 

A signed original of this written statement, required by Section906, has been provided to the Company and will be furnished to the Securitiesand Exchange Commission or its staff upon request.

  |
# Official Journal L 57/2022

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 57 |
| | |
| English edition | Legislation | Volume 6528 February 2022 |

ISSN 1977-0677

Official Journal

of the European Union

L 57

English edition

Legislation

Volume 6528 February 2022

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2022/334 of 28 February 2022 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine | 1 |
| | | DECISIONS |
| | * | Council Decision (CFSP) 2022/335 of 28 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine | 4 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2022/334 of 28 February 2022 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

1

DECISIONS

*

Council Decision (CFSP) 2022/335 of 28 February 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

4

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
-86 -84 -82 -80 -78 -76 -74

 36

 38

 40

 42

▲ ★

▲

▲

▲

★ ▲

▲

▲

▲

 500

 1000

 1500

 1000

18 12 06 00

08/15

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 15 Aug 07

 EDAS Meteorological Data

Source

★ at 38.92 N 77.01 W Meters AGL
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

Pursuant to 18 U.S.C. Section 1350, the undersigned President and Chief Executive Officer of HD Supply, Inc. (the
Company), hereby certifies that the Company's annual report on Form 10-K/A (Amendment No. 1) for the period ended February 2, 2014 (the Report) fully complies with the
requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the Company.

Date:
March 25, 2014

/s/ JOSEPH J. DEANGELO Joseph J. DeAngelo President and Chief Executive Officer


The
foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report.

---



QuickLinks
LOUISIANA BOARD OF ETHICS v. Susan THEALL

Louisiana Board of Ethics v. Burton Zaunbrecher

2017-CC-2015

Supreme Court of Louisiana.

February 9, 2018

**ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE**

Writ denied.

Hughes, J., dissents.

I respectfully dissent and would grant the writ. The alleged violation here was not "contained in a report" and is subject to a three year prescriptive period.
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 of Ecotality, Inc. (the "Company") on
amendment number 3 to Form 10-KSB for the year ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jonathan R. Read, acting in the capacity as the Chief Executive Officer of the Company, and I, Barry S. Baer, acting in the capacity as the Chief Financial Officer of the Company, certify to the best of our knowledge, 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/ Jonathan R. Read

Jonathan R. Read

Chief Executive Officer

July
11, 2007







/s/ Barry S. Baer

Barry S. Baer

Chief Financial Officer

July
11, 2007
Exhibit 32.2





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADDED BY


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report on Form 10-Q of QNB Corp. (the Company) for the period ended June 30, 2011, as filed with the Securities and Exchange Commission (the Report), I, Bret H. Krevolin, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as added by § 906 of the Sarbanes-Oxley Act of 2002, that this periodic report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in this report fairly presents, in all material respects, the financial condition and results of operations of the issuer.




Date: August 15, 2011
By:
/s/ Bret H. KrevolinBret H. KrevolinChief Financial Officer
From: Walt Stevenson/RTP/USEPA/US 

To: Keith Barnett/RTP/USEPA/US@EPA 

Cc: Frank Behan/DC/USEPA/US@EPA, Brian Shrager/RTP/USEPA/US@EPA, wayland.robertj@epa.gov, Nick Hutson/R

Date: 08/04/2010 12:21 PM 

Subject: ACI and Dioxin Generation / Cement NESHAP Comment 

Keith 

As I mentioned yesterday, I am not familiar with the Chang and Linz. paper that was referenced. 

It may be some type of lab study. 

As I also mentioned yesterday, all of the data we have collected (or that has been 

discussed at conferences I have attached) show the addition of activated carbon 

injection (ACI) reduces dioxin emissions. The attached paper was prepared in the 

1990s and shows ACI data from commercial applications at MWC plants in the US and 

Europe, medwaste incinerators, and hazardous waste incinerators. All of the plants 

show increased dioxin control with the use of ACI. Figure 3 (page14; total dioxin) and 

Figure 4 (page 15; TEQ dioxin) shows the addition of ACT increased dioxin control by 

75% or more (polishing), beyond what the scrubber achieved alone. 

Walt
----

            COMMISSION REGULATION (EC) No 1130/2004

of 17 June 2004         

concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1005/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2), and in particular Article 4 thereof,

Having regard to Commission Regulation (EC) No 1005/2004 of 19 May 2004 on a special intervention measure for cereals in Finland and Sweden (3),

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 11 to 17 June 2004 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1005/2004.

Article 2

This Regulation shall enter into force on 18 June 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at Brussels, 17 June 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

(3)OJ L 183, 20.5.2004, p. 28.

----
Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Quarterly Report on Form 10-Q of QNB Corp. (the
"Company for the period ended September 30, 2003, as filed with the Securities
and Exchange Commission (the "Report"), I, Bret H. Krevolin, Chief Accounting
Officer, of the Company, certify, pursuant to 18 U.S.C. ss.1350, as added by 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. To my knowledge, the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company as of and for the period covered by the Report.


Date:    November 13, 2003                             By:
                                                       /s/ Bret H. Krevolin
                                                       -----------------------
                                                       Bret H. Krevolin
                                                       Chief Financial Officer
Date: July 12, 2012

To: Terri Plumb

Regulations Development Group

OSORA

From: Anne E. Tayloe Hauswald

Director

Division of Ambulatory Services (Center for Medicare/HAPG)

Subject: Rulemaking Record for CMS-1590-P: Medicare Program; Payment Policies 

under the Physician Fee Schedule, DME Face-to-Face Encounters, Elimination of the 

Requirement for Termination of Non-random Prepayment Complex Medical Review, and 

Other Revisions to Part B for CY 2013

I certify that to the best of my knowledge, the attached information includes all 

material that the Division of Ambulatory Services (CM/HAPG) considered, or had before 

it in developing the above-referenced rule. I have identified any proprietary data or 

confidential information that should not be released to the public upon a request for 

information under the Freedom of Information Act (FOIA). Attached is an index of all 

material included.
Index of Supporting Information for:

CMS-1590-P: Medicare Program; Payment Policies under the Physician Fee Schedule, 

DME Face-to-Face Encounters, Elimination of the Requirement for Termination of Nonrandom Prepayment Complex Medical Review, and Other Revisions to Part B for 

CY 2013

Title of Document Does this document contain confidential 

information or proprietary data?

1. CR7397-R2368CP.pdf No

2. CR71009-R2115CP.pdf No

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.
Robert E. STAHR, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3306

District Court of Appeal of Florida, First District.

January 11, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# Official Journal C 18/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.018.eng |
| --- | --- |
| Official Journal
  of the European Union | C 18 |
| | |
| English edition | Information and Notices | Volume 5622 January 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.018.eng

Official Journal

of the European Union

C 18

English edition

Information and Notices

Volume 5622 January 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 018/01 | Non-opposition to a notified concentration (Case COMP/M.6709 — Alpha Group Investments/Janoland Properties/NEU Property Holdings/Liberty Mall) (1) | 1 |
| 2013/C 018/02 | Non-opposition to a notified concentration (Case COMP/M.6805 — Apollo/Aurum Holdings) (1) | 1 |
| 2013/C 018/03 | Non-opposition to a notified concentration (Case COMP/M.6814 — Elavon/Banco Santander/JV) (1) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 018/01

Non-opposition to a notified concentration (Case COMP/M.6709 — Alpha Group Investments/Janoland Properties/NEU Property Holdings/Liberty Mall) (1)

1

2013/C 018/02

Non-opposition to a notified concentration (Case COMP/M.6805 — Apollo/Aurum Holdings) (1)

1

2013/C 018/03

Non-opposition to a notified concentration (Case COMP/M.6814 — Elavon/Banco Santander/JV) (1)

2

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 018/04 | Euro exchange rates | 3 |
| 2013/C 018/05 | New national side of euro coins intended for circulation | 4 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 018/06 | Information communicated by Member States regarding closure of fisheries | 5 |
| 2013/C 018/07 | Information communicated by Member States regarding closure of fisheries | 5 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 018/04

Euro exchange rates

3

2013/C 018/05

New national side of euro coins intended for circulation

4

NOTICES FROM MEMBER STATES

2013/C 018/06

Information communicated by Member States regarding closure of fisheries

5

2013/C 018/07

Information communicated by Member States regarding closure of fisheries

5

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 018/08 | Prior notification of a concentration (Case COMP/M.6773 — Canon/I.R.I.S.) (1) | 6 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 018/08

Prior notification of a concentration (Case COMP/M.6773 — Canon/I.R.I.S.) (1)

6

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                  3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         127,324
<SECURITIES>                                     1,000
<RECEIVABLES>                                   42,129
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               170,453
<PP&E>                                       3,943,835
<DEPRECIATION>                               1,612,176
<TOTAL-ASSETS>                               2,502,112
<CURRENT-LIABILITIES>                           33,217
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,468,895
<TOTAL-LIABILITY-AND-EQUITY>                 2,502,112
<SALES>                                              0
<TOTAL-REVENUES>                               121,088
<CGS>                                                0
<TOTAL-COSTS>                                   36,055
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 85,033
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             85,033
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    85,033
<EPS-BASIC>                                     3.12
<EPS-DILUTED>                                     3.12


</TABLE>
TIMES PUBLISHING COMPANY, et al., Appellant/Petitioner(s), v. Terry Gene BOLLEA, et al., Appellee/Respondent(s).

CASE NO.: 2D15-5044

District Court of Appeal of Florida, Second District.

March 17, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Granted.

Quashed.
---

| | KPMG LLP                  | Telephone | (416) 777-8500
| | ------------------------- | --------- | --------------
| | Bay Adelaide Centre       | Fax       | (416) 777-8818
| | 333 Bay Street Suite 4600 | Internet  | www.kpmg.ca   
| | Toronto ON M5H 2S5        |           |               
| | Canada                    |           |               

Consent of Independent Registered Public Accounting Firm

The Board of Directors of Primero Mining Corp.

We consent to the use in this Annual Report on Form 40-F of:

- Our Independent Auditors Report of Registered Public Accounting Firm,
  dated March 14, 2017, on the consolidated financial statements of Primero
  Mining Corp. (the Company) comprising the consolidated statements of
  financial position of the Company as at December 31, 2016 and December 31,
  2015, the consolidated statements of operations and comprehensive income
  (loss), changes in equity and cash flows for the years ended December 31, 2016
  and December 31, 2015, and notes, comprising a summary of significant
  accounting policies and other explanatory information, and
- Our Report of Independent Registered Public Accounting Firm on Internal
  Control over Financial Reporting, dated March 14, 2017, on the effectiveness
  of the Companys internal control over financial reporting as of December 31,
  2016

each of which is incorporated by reference in this Annual
Report on Form 40-F of the Company for the fiscal year ended December 31, 2016.

Our Independent Auditors Report of Registered Public
Accounting Firm, dated March 14, 2017, contains an emphasis of matter
(explanatory) paragraph which states that the Companys cash and liquidity
position may not sufficient to meet its obligations as they become due. This
condition along with other matters as set forth in Note 2(b) in the consolidated
financial statements, indicate the existence of material uncertainties that cast
substantial doubt about the Companys ability to continue as a going concern.
The consolidated financial statements do not include any adjustments that might
result from the outcome of these uncertainties.

Chartered Professional Accountants, Licensed Public Accountants

March 31, 2017 Toronto, Canada

---
Jimmy Dwight GREEN, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-868

District Court of Appeal of Florida, Second District.

Opinion filed August 2, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.