alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Philome JACQUES-SIMON, Appellant, v. The STATE of Florida, Appellee.

No. 3D16-2692

District Court of Appeal of Florida, Third District.

Opinion filed July 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 12.1  Certification by the Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002  I, Manuel Sánchez Ortega, Chief Executive Officer of Abengoa S.A. (the Company), certify that:  1. I have reviewed this annual report on Form 20-F of the Company;  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;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report;  4. The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b) Evaluated the effectiveness of the Companys disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the Companys internal control over financial reporting that occurred during the period covered by this report that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and  5. The Companys other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of Companys board of directors (or persons performing the equivalent function):  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Companys ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Companys internal control over financial reporting.  Date: March 18, 2014   By:
/s/ Manuel Sánchez OrtegaName:
Manuel Sánchez OrtegaTitle:
Chief Executive Officer
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5403 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5403

   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
    liability under State and local requirements respecting devices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2016

    Mr. Fitzpatrick (for himself and Ms. Slaughter) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
    liability under State and local requirements respecting devices.

    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 ``Ariel Grace's Law''.

SEC. 2. LIABILITY UNDER STATE AND LOCAL REQUIREMENTS RESPECTING 
              DEVICES.

    (a) Amendment.--Section 521 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360k) is amended by adding at the end the following:
    ``(c) No Effect on Liability Under State Law.--Nothing in this 
section shall be construed to modify or otherwise affect any action for 
damages or the liability of any person under the law of any State.''.
    (b) Effective Date; Applicability.--The amendment made by 
subsection (a) shall--
            (1) take effect as if included in the enactment of the 
        Medical Device Amendments of 1976 (Public Law 94-295); and
            (2) apply to any civil action pending or filed on or after 
        the date of enactment of this Act.
                                 <all>
```
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T M O H A M E D S A L A H E L D IN S H A R A W I, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 71453 A ge nc yN o. A 020- 812- 153 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d Jul y19, 2010 ** B efo re: B . F L E T C H E R , R E IN H A R D T , an dW A R D L A W , C i rcu i tJu d g es. M oh am ed S al ahel di n S haraw i , a nat i ve and ci t i ze n o f E gypt , pet i t i on s pro se for r evi ew of the B oard of Im m i grat i on A pp ea l s’ order di sm i ss i ng hi s app ea l fr om an i m m i grat i on j ud ge’ s r em ov alorder. W e have j uri sdi ct i on un der 8 U . S . C . § 1 25 2. W e r evi ew for abu se of di sc re t i on the deni alof a c on t i nu ance , 

# FI LED AU G 02 2010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 71453 2 Sa ndoval-L un a v. Mukasey , 526 F . 3d 1243, 1246 ( 9th C i r . 2008) ( pe rc ur i a m ) , and we d e n yth e p e t i t i o n f

o rr e v i e w. T he agency di d n otabuse i t s di sc re t i on i n d enyi ng a c on t i nu ance w here S h ar aw i d idn o t d e m o n s tr a te g o o dc au s e . See 8 C . F . R . § 1003. 29 ( an I Jm aygr ant am o tio n f

o rac o n tin u an c e f

o rg o o dc au s e s h o w n ) ; Ba i r es v . I NS , 856 F . 2d 89, 92- 9 3 ( 9 th C ir . 1 9 8 8 ) . S h ar aw i’s r e m a in in g c o n te n tio n s ar e u n a v a ilin g . P E T I T I O N F O R R E V I E W D E N I E D .
<PAGE>

                                                                   EXHIBIT 10.34

                              Terms of Compensation

Name:             David Henry

Title:            Senior Vice President and Chief Financial Officer

Base Salary:      $250,000

Bonus Plan:       $40,000 one-time net hire date bonus

                  Eligible for participation in the company's Key Manager
                  Incentive Program with a target payout at 50% of base salary
                  and a maximum payout of 150% of base salary

Stock Options:    Eligible to participate in the Amended and Restated
                  AMIS Holdings, Inc. 2000 Equity Incentive Plan. In 2004,
                  received stock options to purchase 150,000 shares, with an
                  exercise price = fair market value on grant date, vesting 1/4
                  on the first anniversary of the grant date and an additional
                  1/48 monthly thereafter

Health Benefits:  Eligible for group insurance program consisting of a
                  hospital, surgical, major medical, life, dependent life,
                  accidental death insurance and dental plan, and an annual
                  executive physical

401K:             Company match of 50% of the employee's first 6% contribution,
                  not to exceed 50% of the 402(g) limit

Relocation:       Relocation Assistance from Maine to Pocatello, Idaho
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with this quarterly report of Transax International
Limited (the "Company") on Form 10-Q for the three months ended March 31, 2009,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Adam Wasserman, Principal Financial and Accounting 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, that, to the best of my knowledge
and belief:

         (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/ Adam Wasserman
------------------
Adam Wasserman
Principal Financial and Accounting Officer
May 20, 2009
Dudley Allen HICKS, Appellant, v. STATE of Florida, Appellee.

No. 1D17-0708

District Court of Appeal of Florida, First District.

August 17, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

In Re: Case No: 20-13145-BKC-PGH 

 Chapter 13 

MONICA ELAINE WAITE 

 Debtor. 

____________________________/ 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that true copies of the following document(s) were served upon all 

interested parties on the attached service list, in the manner noted therein, on May 11, 2020: 

Order Sustaining Objection to Proof of Claim filed by the Department of the 

Treasury – Internal Revenue Service (Claim no.: 2-1) (DE 33). 

Dated: May 11, 2020 LAW OFFICES OF MICHAEL H. JOHNSON 

Attorneys for Debtor(s) 

3601 W. Commercial Blvd, Ste 31 

Ft. Lauderdale, FL 33309 

(954) 535-1131 

By:_/s/ Michael H. Johnson_____ 

 Michael H. Johnson 

 Florida Bar No. 0149543 

I HEREBY CERTIFY THAT I AM ADMITTED TO THE BAR OF THE 

UNITED STATES DISTRICT COURT FOR THE SOUTHERN 

DISTRICT OF FLORIDA AND I AM IN COMPLIANCE WITH THE

ADDITIONAL QUALIFICATIONS TO PRACTICE IN THIS COURT

SET FORTH IN LOCAL RULE 2090-1(A). 

Case 19-24331-PGH Doc 71 Filed 05/11/20 Page 1 of 2
SERVICE LIST:

Via CM/ECF:

Office of the US Trustee 

USTPRegion21.MM.ECF@usdoj.gov 

Robin R Weiner 

ecf@ch13weiner.com;ecf2@ch13weiner.com 

Via US Mail:

Internal Revenue Service 

PO Box 7346 

Philadelphia, PA 19101-7346 

Internal Revenue Service 

1555 Poydras St., Suite 220. 

M/S 31 

New Orleans, LA 70112 

ATTN: Kathleen Connor, Insolvency Manager 

Case 19-24331-PGH Doc 71 Filed 05/11/20 Page 2 of 2
Danny CONLEY, Appellant, v. STATE of Florida, Appellee.

No. 1D17-2467

District Court of Appeal of Florida, First District.

June 27, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
[Federal Register Volume 62, Number 125 (Monday, June 30, 1997)]
[Corrections]
[Page 35247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X97-30630]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP97-137-006]


Southern Natural Gas Company; Notice of Proposed Changes in FERC 
Gas Tariff

Correction

    In notice document 97-16296 beginning on page 33855 in the issue of 
Monday, June 23, 1997 make the following correction:
    On page 33855, in the third column, the docket number should read 
as set forth above.
BILLING CODE 1505-01-D
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 17, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-40155

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MIGUEL VACA-HERNANDEZ,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:03-CR-1201-1

--------------------

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Miguel Vaca-Hernandez pleaded guilty to violating 8 U.S.C.

§ 1326(a) and (b) by being found in the United States, without

permission, following his deportation. The district court

sentenced him to serve 84 months of imprisonment and three years

of supervised release.

For the first time on appeal, Vaca-Hernandez argues that the

“felony” and “aggravated felony” provisions set forth in 8 U.S.C.

§ 1326(b)(1) and (2) are unconstitutional in light of Apprendi v.
No. 04-40155

-2-

New Jersey, 530 U.S. 466, 490 (2000), because they do not require

the fact of a prior felony or aggravated felony conviction to be

charged in the indictment and proved beyond a reasonable doubt. 

As Vaca-Hernandez concedes, his argument is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

See United States v. Dabeit, 231 F.3d 979, 984 (5th Cir. 2000). 

Vaca-Hernandez also argues for the first time on appeal that

if Almendarez-Torres is overruled, the Supreme Court’s holding in

Blakely v. Washington, 124 S. Ct. 2531, 2537 (2004), renders

unconstitutional the district court’s calculation of his sentence

under the United States Sentencing Guidelines based on facts

relating to his prior conviction that were neither found by a

jury beyond a reasonable doubt nor admitted by him. VacaHernandez concedes that in addition to the obstacle posed by

Almendarez-Torres, his argument regarding the effect of Blakely

is foreclosed by United States v. Pineiro, 377 F.3d 464, 465-66

(5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004)

(No. 04-5263), in which this court held that Blakely does not

extend to the United States Sentencing Guidelines. 

AFFIRMED.
[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Corrections]
[Page 20087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: Z8-5252]



Federal Register / Vol. 73, No. 72 / Monday, April 14, 2008 / 
CORRECTIONS

[[Page 20087]]



DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP08-59-000]


Columbia Gas Transmission Corporation; Notice of Request for 
Permission to Withdraw Tariff Filing

Correction

    In notice document E8-5252 beginning on page 14242 in the issue of 
Monday, March 17, 2008, make the following correction:
    On page 14242, in the third column, the docket number should read 
as set forth above.

[FR Doc. Z8-5252 Filed 4-11-08; 8:45 am]
BILLING CODE 1505-01-D
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

###### Department of Energy

###### Environmental Protection Agency

###### Nuclear Regulatory Commission

          - [Docket No. EPA-HQ-OAR-2006-0957]

### Correction

In notice document E9-975 beginning on page 2998 in the issue of Friday, January 16, 2008, the docket number should read as set forth above.

[FR Doc. Z9-975 Filed 1-21-09; 8:45 am]

BILLING CODE 1505-01-D
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

ISRAEL PEREZ-SANTIAGO, a.k.a. Israel

Garcia, a.k.a. Isreal Perez-Santiago,

 Defendant - Appellant.

Nos. 13-10535

 13-10536

D.C. Nos. 2:10-cr-01731-RCC

 4:13-cr-00646-RCC

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Raner C. Collins, Chief Judge, Presiding

Submitted September 23, 2014** 

Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges. 

In these consolidated appeals, Israel Perez-Santiago appeals from his guiltyplea conviction and 46-month sentence for reentry after deportation, in violation of

8 U.S.C. § 1326; and from the revocation of supervised release and concurrent

FILED

OCT 6 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
four-month sentence imposed upon revocation. Pursuant to Anders v. California,

386 U.S. 738 (1967), Perez-Santiago’s counsel has filed a brief stating that there

are no grounds for relief, along with a motion to withdraw as counsel of record. 

We have provided Perez-Santiago the opportunity to file a pro se supplemental

brief. No pro se supplemental brief or answering brief has been filed.

Perez-Santiago has waived his right to appeal his conviction and sentence. 

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80

(1988), discloses no arguable issue as to the validity of the waiver. See United

States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). Accordingly, we dismiss

Appeal No. 13-10536. See id. at 988.

Because Perez-Santiago has fully served the sentence imposed upon

revocation of supervised release, we dismiss Appeal No. 13-10535 as moot. See

Spencer v. Kemna, 523 U.S. 1, 12-14 (1998). 

Counsel’s motion to withdraw is GRANTED. 

DISMISSED.

2 13-10535 & 13-10536
STATE of Louisiana v. Caresses PERIQUE

No. 2018-KK-981

Supreme Court of Louisiana.

June 28, 2018

PER CURIAM

The police officer lawfully stopped the defendant's vehicle and detained the defendant after observing several traffic violations. *Whren v. United States*, 517 U.S. 806, 810, 116 S.Ct. 1769, 1772, 135 L.Ed.2d 89 ("[T]he decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred."). The officer had sufficient probable cause to arrest the defendant upon seeing him commit the violations. La. C.Cr.P. art. 213(A)(1). Further, during the traffic detention, the officer properly removed the defendant from the area of the vehicle upon learning there was an outstanding warrant for the defendant's arrest and witnessing the defendant engage in furtive movements near the driver's door and seat.

The subsequent warrantless search and seizure of the weapon from under the defendant's driver's seat by police was not unreasonable when there was an immediate and constitutionally reasonable concern for the safety of the officers and the general public. *Arizona v. Gant*, 556 U.S. 332, 347, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (" [*N.Y. v.* ] *Belton*, [453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981) ] does not authorize a vehicle search incident to a recent occupant's arrest after the arrestee has been secured and cannot access the interior of the vehicle ... [However,] officers may search a vehicle when genuine safety or evidentiary concerns encountered during the arrest of a vehicle's recent occupant justify a search."). The defendant's vehicle obstructed traffic as it was parked near a fuel pump at a gas station located at a busy intersection. There was the risk of the officers and general public being injured by the loaded semi-automatic handgun as the officer stepped into the vehicle to turn on the ignition to move the vehicle. There was also the risk of persons gaining access to the vehicle and finding the weapon. Further, the scope of the warrantless search did not exceed what was necessitated by the exigency. The officer conducted a protective sweep of only the immediate area where the defendant was observed gesturing near the driver's seat and door.

*319Accordingly, we find the trial court abused its discretion by granting the defendant's motion to suppress the physical evidence seized during the search of defendant's vehicle. We grant the state's writ application and reverse as to the trial court's suppression of the physical evidence. The case is remanded to the trial court for further proceedings.

Hughes, J., concurs.

GENOVESE, J., would deny.
H.C., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-2648

District Court of Appeal of Florida, Third District.

Opinion filed July 11, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit
10.9


 


AMENDMENT
#1 TO THE CONVERTIBLE PROMISSORY NOTE


ISSUED
ON APRIL 25, 2017


 


THIS
AMENDMENT #1 TO THE CONVERTIBLE PROMISSORY NOTE ISSUED ON APRIL 25, 2017 (the “Amendment”) is made effective as of
July 28, 2017, by and between NanaFlex Power Corporation, a Florida corporation (the “Company”), and JSJ Investments,
Inc., a Texas corporation (the “Holder”) (collectively the “Parties”).


 


BACKGROUND


 


A.     The Company and Holder are the parties to that certain convertible promissory note originally issued by the Company to the Holder
on April 25, 2017, in the original principal amount of $115,000.00 (the “Note”); and


 


B.     The Parties desire to amend the Note as set forth expressly below.


 


NOW
THEREFORE, in consideration of the execution and delivery of the Amendment and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Parties agree as follows:


 


1.       The
first sentence of Section 2(b) shall. be replaced with the following:


 


“Holder’s
Conversion Rights. At any time after the 180th day after the Issuance Date, the Holder shall be entitled to convert
all of the outstanding and unpaid principal and accrued interest of this Note into fully paid and non-assessable shares of Common
Stock in accordance with the stated Conversion Price.”


 


2.       This
Amendment shall be deemed part of, but shall Lake precedence over and supersede any provisions to the contrary contained in
the Note. Except as specifically modified hereby, all of the provisions of the Note, which are not in conflict with the terms
of this Amendment, shall remain in full force and effect.


 


IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.


 


	NanoFlex
    Power Corporation	 	JSJ Investments, Inc.
	 	 	 	 	 
	By:	/s/
    Dean Ledger	 	By:	/s/
    Sameer
    Hirji
	Name:	Dean
    Ledger	 	Name:	Sameer
    Hirji
	Title:	Chief
    Executive Officer	 	Title:	President