alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv10w47







 




    Exhibit
    10.47



 




    [Freddie
    Mac letterhead]



 




    July 9,
    2004
    



 




    Patricia L.
    Cook

    3 Red Fox Lane

    Upper Brookville, New York 11545
    



 



    Dear Ms. Cook:
    



 



    This letter confirms the agreement between you and Freddie Mac
    to modify the second and third full paragraphs of
    Section V, captioned
    “Employment-At-Will;
    Termination of Employment Payment,” of your July 8,
    2004 offer letter in order to add the text in bold font as
    follows:



 



    In the event Freddie Mac terminates your employment prior to the
    second anniversary of the Employment Date for any reason other
    than “Gross Misconduct” as such term is defined in
    Policy 3-254.1 —
    Officer Severance (as it may be modified or amended from time to
    time in Freddie Mac’s sole discretion) or any other
    willful or malicious misconduct on your part that is
    substantially injurious to Freddie Mac, Freddie Mac agrees
    to pay you in cash an amount equal to the sum of $3,800,000
    minus $133,333.33 per month for each whole month worked
    beginning on your Employment Date and ending the day prior to
    the second anniversary of your Employment Date.



 



    In the event Freddie Mac terminates your employment on or after
    the second anniversary of the Employment Date but prior to your
    sixty-second (62) birthday for any reason other than
    “Gross Misconduct” as such term is defined in
    Policy 3-254.1 —
    Officer Severance (as it may be modified or amended from time to
    time in Freddie Mac’s sole discretion) or any other
    willful or malicious misconduct on your part that is
    substantially injurious to Freddie Mac, Freddie Mac agrees
    to pay you in cash an amount equal to $600,000.



 



    Please return one signed original to me at your earliest
    convenience. Should you have any questions or need additional
    information, please do not hesitate to contact me.



 




    Sincerely,
    



 


	 	 	 	 	 
	

    /s/  Margaret
    A. Colon



	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 

	

    Margaret A. Colon


	
 
	
 
	
 
	
 

	
 
	
 
	
 
	
 
	
 

	

    Signed and Agreed to:


	
 
	
    /s/  Patricia
    Cook

	
 
	
 

	
 
	
 
	
 
	
 
	
 

	
 
	
 
	
    Patricia L. Cook
	
 
	
    July 9, 2004









 


		
	
    cc:  
    
	
    Richard
    Syron, CEO
    





    Michael Hager, SVP — Human Resources
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. JUAN C ARLOS SANC H EZ-C ARR ILLO, De fe nda

nt - Appe lla

nt. No. 13-50310

D.C . No. 3:13-c r-00270-LAB M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia Larry A. B urns, Distric t Judge , Pre siding Subm itte d De c e m

be r 9, 2014 ** B e fore : W ALLAC E, LEAVY, a nd B YB EE, C i rc uit Judge s . Jua n C arlos Sa

nc he z -C arrillo a

ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 70-m onth se nte n c e im pose d following his guilty -ple a c onvic tion for im porta tion of m e tha

m phe tam ine , in viola

t ion of 21 U.S.C . §§ 952 a nd 960. W e have jurisdic tion unde r 28 U.S.C . § 1291, a nd we va c ate and re m and for 

# FIL ED D EC 12 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).re se nte nc ing.

Sanc he z -C arrillo c onte nds tha t in im posing se n te nc e , the distric t c ourt re lie d on a c le arly e rrone ous finding tha

t he ha d pre viously

sm uggle d 10 pounds of m e tha m phe tam ine . At se nte nc i ng, the c ourt a c knowle d ge d tha t the re wa s no proof re ga rding e ithe r the ty

pe or the qua

ntity of drugs involve d in theprior inc ide nt. Ne ve rthe le ss, the c ourt pre s um e d tha t the prior inc ide nt involve d 10 pounds of m e tha m phe tam ine . B e c a

use the re c ord sugge sts tha t this pre sum

ption a ffe c te d the c ourt’ s c h oic e of se nte nc e , we va c ate and re m and for re se nte nc ing. S e eUnite d State s v . Pine da-Dov al , 692 F.3d 942, 944 (9th C ir. 2012) (a fa c tua l finding is c le arly e rrone ous if it is without support in infe re nc e s tha t m ay be drawn from

the re c o rd); Unite d State

s v . C arty , 520 F.3d 984, 993 (9th C ir. 2008) (e n ba nc ) (proc e dura l e rror for a distric t c ourt to c hoose a se nte nc e ba se d on c le arly e rrone ous fa c ts). In light of this disposition, we de c line to re a c h

Sanc he z -C arrillo’ s othe r c la im s of se nte nc ing e rror. V ACAT E D and RE M ANDE D for r e se nte nc i ng.

1 3 - 5 0 3 1 0 2
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5320 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 5320

    To restrict the inclusion of social security account numbers on 
 documents sent by mail by the Social Security Administration, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2016

 Mr. Sam Johnson of Texas (for himself and Mr. Renacci) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
    To restrict the inclusion of social security account numbers on 
 documents sent by mail by the Social Security Administration, and for 
                            other purposes.

    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 ``Social Security Must Avert Identity 
Loss (MAIL) Act of 2016''.

SEC. 2. RESTRICTION ON SOCIAL SECURITY ACCOUNT NUMBERS IN DOCUMENTS 
              SENT BY MAIL.

    (a) In General.--Section 205(c)(2)(C) of the Social Security Act 
(42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following:
    ``(xiv)(I) The Commissioner of Social Security shall ensure that no 
document sent by mail by the Social Security Administration includes a 
complete social security account number unless the Commissioner 
determines that inclusion of such complete number is necessary.
    ``(II) Not later than 30 days after the date of the enactment of 
this clause and not later than each of March 31 and September 30 of 
each year following the year in which such date of enactment occurs, 
the Commissioner of Social Security shall submit to the Committee on 
Ways and Means of the House of Representatives and the Committee on 
Finance of the Senate a report on the implementation of subclause (I). 
Such report shall include--
            ``(aa) the title and identification number of each document 
        used by the Social Security Administration during the previous 
        year on which is printed an individual's complete social 
        security account number;
            ``(bb) the most recent date on which each such document was 
        updated; and
            ``(cc) the projected date on which complete social security 
        account numbers will be removed from each such document, or if 
        the Commissioner determines that inclusion of such complete 
        number is necessary, the rationale for such determination.''.
    (b) Effective Date.--Subsection (a) shall take effect as soon as 
practicable after the date of the enactment of this Act.
                                 <all>
```
DEPARTMENT OF CONSERVATION

DARRYL YOUNG, Director

EOTHERMAL FIELDS

ALIFORNIA
<PAGE>

                                                                    EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

         I, Klaus Moeller, Chief Executive Officer and Interim Chief Financial
Officer of Genius Products, Inc. (the "Registrant"), do hereby certify pursuant
to Rule 15d-14(b) of the Securities and Exchange Act of 1934, as amended, and
Section 1350 of Chapter 63 of Title 18 of the United States Code that:

         (1) the Registrant's Quarterly Report on Form 10-QSB of the Registrant
for the period ended June 30, 2003 (the "Report"), to which this statement is
filed as an exhibit, fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

         (2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Registrant.

Dated:  May 17, 2004                    By:  /s/ Klaus Moeller
                                             -----------------------------------
                                             Klaus Moeller
                                             Chief Executive Officer and Interim
                                             Chief Financial Officer
****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 Annual Report on Form 20-F of the Company for the period ended December 31, 2004, 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: July 14, 2004
/s/ Ralph Braun Chief Financial OfficerJ-Pacific Gold Inc.
Exhibit 99.2

Statement of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code

 

Pursuant to Section 1350 of Title 18 of the United States Code, I, James N. Ryan, the Chief Executive Officer of PDC 2002-A Limited Partnership, hereby certify that: 

- I have reviewed the Quarterly Report on Form 10-Q of the Company (the "Report") to which this statement is an Exhibit;
- the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
- the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

_____/s/ James N. Ryan______________

Name: James N. Ryan

Title: Chief Executive Officer

Date: __March 26, 2003________
Exhibit 99.1



     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  eTelcharge.com,  Inc.(the
"Company")  on Form 10QSB for the period  ending June 30, 2002 as filed with the
Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,Carl
Sherman, Chief Executive and 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 requirements of section 13(a) or
15(d) of the Securities Act of 1934 (15 U.S.C.78m or 780(d)); and

         (2) The  information  contained in the Report fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.






By: /s/ Carl Sherman
----------------------------
Chief Executive and Financial Officer

August 19, 2002
Ray Donovan NEVELS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2760

District Court of Appeal of Florida, Second District.

August 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-10667

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ODELL HARMON,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:96-CV-413-P

- - - - - - - - - -

March 6, 1998

Before DUHE’, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:*

Odell Harmon, prisoner # 22488-077, appeals the district

court’s denial of his 28 U.S.C § 2255 motion in which he argued

that he received ineffective assistance of counsel based upon his

attorney’s erroneous advice that Harmon’s sentence would be five

to seven years if he pleaded guilty. Harmon was sentenced to 25

years’ imprisonment on one count of distribution of more than

five grams of cocaine base.

Harmon was properly advised by the district court when
No. 97-10667

-2-

pleading guilty that he faced a maximum sentence of 40 years’

imprisonment. He cannot claim that his guilty plea was

involuntary based upon his attorney’s erroneous prediction about

the length of the sentence. United States v. Gracia, 983 F.2d

625, 629 (5th Cir. 1993). 

Harmon’s motion for leave to file a pro se supplemental

appellate brief or, alternatively, to proceed pro se on appeal is

DENIED.

AFFIRMED.
Exhibit 32



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER



Pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)



The
undersigned, as the Chief Executive Officer and Chief Financial Officer of Pioneer Bankshares Inc., respectively, certify that, to the best of each such individuals knowledge and belief, the Quarterly Report on Form 10-QSB for the period ended
June 30, 2005, which accompanies this certification fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the
financial condition and results of operations of Pioneer Bankshares Inc. at the dates and for the periods indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not
be relied upon for any other purpose. The undersigned expressly disclaims any obligation to update the foregoing certification except as required by law.



|                      |  |                                           
|--------------------- |  | ------------------------------------------
|                      |  | /s/ THOMAS R. ROSAZZA                     
|                      |  | Thomas R. Rosazza                         
|                      |  | President and Chief Executive Officer     
|                      | 
|Date: August 11, 2005 |  |                                           
|                      | 
|                      |  | /s/ LORI G. HASSETT                       
|                      |  | Lori G. Hassett                           
|                      |  | Vice President and Chief Financial Officer



Date: August 11, 2005



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 Pioneer Bankshares, Inc. and will be retained by
Pioneer Bankshares, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Amendment No. 1 to SunFuels, Inc. 2005 Stock Option Plan



 Exhibit 10.31 
 FIRST AMENDMENT TO SUNFUELS, INC., 
 2005 STOCK OPTION PLAN 
 Sunfuels, Inc., a Colorado corporation, hereby adopts this First Amendment to Sunfuels, Inc., 2005 Stock Option Plan (“Plan”) 
 1. Section 3(a) of the Plan shall be amended to read in its entirety as follows: 
 Section 3(a). Shares Reserved for Issuance. The total number of shares of Stock reserved and available for distribution under the Plan shall
be 260,000. Such shares shall consist of authorized and un-issued shares of Stock. 
 If any shares become available as a result of canceled,
unexercised, lapsed, or terminated Stock Options, or if any shares subject to any Restricted Sock award granted hereunder are forfeited or terminated, such shares shall again be available for distribution in connection with future awards under the
Plan. Notwithstanding the foregoing, no person shall receive grants of Stock Options under this Plan in excess of 100,000 shares during any fiscal year of the Company. 
 2. Except as expressly amended hereby, the Plan shall continue in full force and effect. 
 Adopted by the
Board of Directors by unanimous written consent on January 1, 2006.
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Freddie MORALES, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-1622

District Court of Appeal of Florida, Third District.

Opinion filed September 12, 2018

Freddie Morales, in proper person.

Pamela Jo Bondi, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellee.

Before LAGOA, FERNANDEZ and LUCK, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

This is an appeal of an order summarily denying a motion under Florida Rule of Criminal Procedure 3.850. On appeal from a summary denial, this court must reverse unless the postconviction record, *see* Fla. R. App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. *See* Fla. R. App. P. 9.141(b)(2)(D).

As the state properly concedes, because the record now before us fails to make the required showing, we reverse the order *430and remand for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the postconviction motion, the court shall attach record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.
Pierre Michel DARBOUZE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D17-2522

District Court of Appeal of Florida, Third District.

March 06, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
Kevin Michael ROSE, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-2643

District Court of Appeal of Florida, Second District.

August 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
EXHIBIT 12.1
  STATEMENT
    RE: COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
    Oct. 1,


Oct. 2,


Oct. 3,


Sept. 28,


Sept. 29,2010


2009


2008


2007


2006(In thousands, except per share amounts)Earnings:Income/(loss) before income taxes

$
21,476


$
(24,632
)

$
4,896


$
(24,811
)

$
(25,372
)Add: Fixed charges


3,198



5,189



7,384



7,375



7,478$
24,674


$
(19,433
)

$
12,280


$
(17,436
)

$
(17,894
)Fixed Charges:Interest expense

$
1,817


$
3,127


$
5,310


$
5,248


$
4,938Interest portion of rental expense


1,381



2,062



2,074



2,127



2,540$
3,198


$
5,189


$
7,384


$
7,375


$
7,478Ratio of earnings to fixed charges(1)


7.7







1.7







     (1)
    
    Our earnings were insufficient to cover our fixed charges by
    $24.6 million (fiscal 2009), $24.8 million (fiscal
    2007) and $25.4 million (fiscal 2006).