alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w3



 





AMENDMENT NUMBER ONE

TO THE

EXELON CORPORATION

STOCK DEFERRAL PLAN

(As Amended and Restated Effective January 1, 2005)




     The Exelon Corporations Stock Deferral Plan, as amended and restated effective January 1, 2005
(the “Plan”), is hereby amended in the following respect:



     Section 5.3(b) of the Plan is amended in its entirety to read as follows:




(b) Each Participant may elect to receive a distribution of such
Participant’s Deferred Stock Account attributable to Plan Years
prior to January 1, 2007 in a lump sum payment of Exelon Stock in
the third quarter of 2007, by submitting such election on or before
December 31, 2006 in accordance with procedures prescribed by the
Plan Administrator, provided that such election shall be null and
void if such Participant’s distribution under the Plan otherwise
would be made or commence prior to January 1, 2007. A Participant
who files such a lump sum election, whose position is Executive Vice
President or above and who has achieved two times his or her stock
ownership requirement may elect to receive such distribution in the
form of Exelon Stock, in cash, or one quarter in Exelon Stock and
three quarters in cash.



Executed this ____ day of ___________, 2007.




EXELON CORPORATION




	 	 	 	 
	By:
	 	 
	 

	 	 
	 

	 	S. Gary Snodgrass
	 

	 	Executive Vice President and
	 

	 	Chief Human Resources Officer
* Local Rule 47.5.1 provides: "The publication of

opinions that merely decide particular cases on the basis of

well-settled principles of law imposes needless expense on the

public and burdens on the legal profession." Pursuant to that

Rule, the court has determined that this opinion should not be

published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40332 

Conference Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

MARCOS GONZALEZ,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CR-B-94-95-1

- - - - - - - - - -

December 21, 1995

Before DAVIS, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Marcos Gonzalez appeals his convictions for possession with

intent to distribute approximately 576 kilograms of cocaine and

attempting to conduct a financial transaction with the proceeds

of an unlawful activity. He argues that the district court

abused its discretion in denying his motion for a continuance and

that his conviction violates the Double-Jeopardy Clause because

of a civil forfeiture of real property prior to his trial.
No. 95-40332

-2-

We have reviewed Gonzalez's contentions and the record, and

we find no reversible error as to the district court's denial of

the motion for a continuance. Gonzalez did not raise the doublejeopardy issue in the court below. A double-jeopardy defense to

prosecution must be raised prior to trial, or it is waived. See

United States v. Moore, 958 F.2d 646, 650 (5th Cir. 1992) citing

FED. R. CRIM. P. 12(b), (f). Assuming, arguendo, that Gonzalez

had standing to raise the double-jeopardy defense, he waived the

issue by not raising it in the district court.

AFFIRMED.
```

[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Page 97035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28604]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4818-DR; Docket ID FEMA-2024-0001]

Saint Regis Mohawk Tribe; Amendment No. 1 to Notice of a Major 
Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the Saint Regis Mohawk Tribe (FEMA-4818-DR), dated September 20, 
2024, and related determinations.

DATES: This amendment was issued November 1, 2024.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW, 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the Saint Regis Mohawk Tribe is hereby amended to include the 
Individual Assistance program for the following area adversely affected 
by the event declared a major disaster by the President in his 
declaration of September 20, 2024.

    Saint Regis Mohawk Tribe for Individual Assistance (already 
designated for Public Assistance).

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2024-28604 Filed 12-5-24; 8:45 am]
BILLING CODE 9111-23-P
```
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## By Year

Illustrations        July 11, 2022        A Long-Suspected Culprit is Caught - Panel 1
|   | Exhibit 32.2 |
|--------|--------------|

| 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. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Signatures                     |   | Title                                                       |   | Date          |
|--------------------------------|--------|-------------------------------------------------------------|--------|---------------|
|                           |   |                                                        |   |          |
| /s/ Chong Him LauChong Him Lau |   | Chief Financial OfficerPrincipal Accounting OfficerDirector |   | July 14, 2015 |

----
* 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

February 23, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-41616

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EVERARDO AGUILAR-MARTINEZ, also known as Ricardo Acuna-Dominguez,

also known as Benito Acuna-Dominguez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:04-CR-552-1

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

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Everardo Aguilar-Martinez appeals his guilty-plea conviction

of being found in the United States illegally. He argues that,

under United States v. Booker, 543 U.S. 220, 125 S. Ct. 738

(2005), the district court plainly erred in sentencing him under

a mandatory application of the Sentencing Guidelines. Here, the

district court erred by imposing a sentence pursuant to a

mandatory application of the Guidelines. See Booker, 125 S. Ct.

at 768; see also United States v. Mares, 402 F.3d 511, 520-21 &
No. 04-41616

-2-

n.9 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). However,

because Aguilar-Martinez has not shown that his sentence likely

would have been different absent a mandatory application of the

Guidelines, his argument fails. See Mares, 402 F.3d at 521. 

Aguilar-Martinez also argues that because this error is

structural in nature, reversal is required without any plainerror analysis or at least that prejudice should be presumed. 

However, he correctly recognizes that this argument is

foreclosed. See United States v. Martinez-Lugo, 411 F.3d 597,

601 (5th Cir.), cert. denied, 126 S. Ct. 464 (2005). 

Aguilar-Martinez also argues that the penalty provisions of

8 U.S.C. § 1326(b) are unconstitutional under Apprendi v. New

Jersey, 530 U.S. 466 (2000). Aguilar-Martinez’s constitutional

challenge is foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998). Although Aguilar-Martinez contends

that Almendarez-Torres was incorrectly decided and that a

majority of the Supreme Court would overrule Almendarez-Torres in

light of Apprendi, we have repeatedly rejected such arguments on

the basis that Almendarez-Torres remains binding. See United

States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert.

denied, 126 S. Ct. 298 (2005). Aguilar-Martinez properly

concedes that his argument is foreclosed in light of

Almendarez-Torres and circuit precedent, but he raises it here to

preserve it for further review.

The judgment of the district court is AFFIRMED.
****CERTIFICATIONS PURSUANT TO THE SARBANES-OXLEY ACT**18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

I, Ralph Braun, Chief Financial Officer of J-Pacific Gold Inc.(the "Company") do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:
1. This Amended Annual Report on Form 20-F/A of the Company for the period ended December 31, 2006, asfiled with the Securities and Exchange Commission (the "report"), fully complies withthe 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, thefinancial condition and results of operations of the Company. 
Date: Oct 2, 2007
/s/ Ralph Braun Chief Financial OfficerJ-Pacific Gold Inc.
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map        January 1, 1965        Natural gamma aeroradioactivity of the District of Columbia and parts of Maryland, Virginia, and West Virginia

map        January 1, 1978        Land cover map from Landsat, 1973, with place names, Washington urban area, D.C., MD, and VA

map        January 1, 1978        Land cover map from Landsat, 1973, with census tracts, Washington urban area, D.C., MD, and VA
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Featured Story        April 25, 2024        Preparing for volcano hazards: Where is the world’s largest lahar evacuation drill held?

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P. F-G., Appellant, v. FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, Appellee.

Case No. 5D18-562

District Court of Appeal of Florida, Fifth District.

Decision filed October 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
BAYFRONT HMA MEDICAL CENTER, LLC d/b/a Bayfront Health - St. Petersburg, Appellant, v. STATE of Florida, Department of Health, and Galencare, Inc., d/b/a Northside Hospital, Appellees.

No. 1D17-3171

District Court of Appeal of Florida, First District.

October 15, 2018

Geoffrey D. Smith, Timothy B. Elliott, and Corinne T. Porcher of Smith & Associates, Tallahassee, for Appellant.

Stephen A. Ecenia, David M. Maloney, and Gabriel F. V. Warren of Rutledge Ecenia, P.A., Tallahassee, for Appellee Galencare, Inc., d/b/a Northside Hospital.

Jason Gonzalez and Amber Stoner of Shutts & Bowen LLP, Tallahassee, for Appellee Florida Department of Health.

Per Curiam.

The recent convergence of this Court's decision in *State, Department of Health v. Bayfront HMA Medical Center, LLC* , 236 So.3d 466 (Fla. 1st DCA 2018), and chapter 2018-66, Laws of Florida, has rendered the instant appeal moot and subject to dismissal. *See**Montgomery v. Dep't of Health & Rehab. Servs.* , 468 So.2d 1014, 1016-17 (Fla. 1st DCA 1985) (explaining that "[a] case becomes moot, for purposes of appeal, where, by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief," and emphasizing that "[i]t is the function of a judicial tribunal to decide actual controversies by a judgment which can be carried into effect, and not to give opinions on moot questions, or to declare principles or rules of law which cannot affect the matter in issue").

DISMISSED .

Wolf, Bilbrey, and Jay, JJ., concur.
J.R., Appellant/Petitioner(s), v. DEPT. OF CHILDREN & FAMILIES, Appellee/Respondent(s).

CASE NO.: 2D18-3064

District Court of Appeal of Florida, Second District.

October 25, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Appeal is dismissed.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                       9,122,538
<SECURITIES>                                         0
<RECEIVABLES>                                1,501,657
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            11,127,965
<PP&E>                                       4,357,933
<DEPRECIATION>                               1,290,976
<TOTAL-ASSETS>                              14,199,202
<CURRENT-LIABILITIES>                        1,908,708
<BONDS>                                              0
<PREFERRED-MANDATORY>                       13,068,160
<PREFERRED>                                  5,109,785
<COMMON>                                       707,084
<OTHER-SE>                                 (7,169,445)
<TOTAL-LIABILITY-AND-EQUITY>                14,199,202
<SALES>                                      3,306,833
<TOTAL-REVENUES>                             3,306,833
<CGS>                                        2,302,540
<TOTAL-COSTS>                                8,171,330
<OTHER-EXPENSES>                               431,238
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              46,122
<INCOME-PRETAX>                            (5,295,735)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,295,735)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,295,735)
<EPS-BASIC>                                     (0.08)
<EPS-DILUTED>                                   (0.08)


</TABLE>
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Real-time Data        March 17, 2016        Volcano Monitoring Data

Data Release        May 30, 2019        Bristle-Thighed Curlew (Numenius tahitiensis) Mark-Resight Encounter History from the James Campbell National Wildlife Refuge and Surrounding Area, Oahu, Hawaii, 2012-2017

Data Release        April 9, 2020        Measurements Used to Determine the Sex of Bristle-thighed Curlews (Numenius tahitiensis)
## COURT OF APPEALS

SEVENTH DISTRICT OF TEXAS

AMARILLO

MANDATE

THE STATE OF TEXAS

To the 237th District Court of Lubbock County, Greeting:

BEFORE our Court of Appeals for the Seventh District of Texas, on March 27,

2015, the cause upon appeal to revise or reverse your judgment between

Irma Villalon v. Kollman & Kollman, Co., d/b/a Chicken Express and Birdman, Inc.

Case Number: 07-14-00183-CV Trial Court Number: 2013-505,753

was determined and therein our said Court made its order in these words:

Pursuant to the opinion of the Court dated March 27, 2015, it is ordered,

adjudged and decreed that the judgment of the trial court be affirmed.

It is further ordered that appellant pay all costs in this behalf expended for which

let execution issue.

It is further ordered that this decision be certified below for observance.

o O o

WHEREFORE, WE COMMAND YOU to observe the order of said Court of

Appeals for the Seventh District of Texas, in this behalf, and in all things to have it duly

recognized, obeyed and executed.

WITNESS, the Honorable Justices of our said Court, with the seal thereof

annexed, at the City of Amarillo on June 16, 2015

.



# Vivian Long

VIVIAN LONG, CLERK
Exhibit 32.1

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

In connection with the Quarterly Report of Tabatha IV, Inc. (the "Company") on Form 10-QSB for the
period ending September 30, 2004 (the "Report"), I, John Ballard, President and Chief Financial 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/John Ballard



 John Ballard,

 President and Chief Financial Officer

November 12, 2004