alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

SUNITHA GUNTIPALLY,

Defendant

- Appellant. No. 17

- 10533

D.C. No. 5:16

- cr

- 00189

- LHK

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California

Lucy H. Koh, District Judge, Presiding

Submitted August 15, 2018 **

Before: FARRIS, BYBEE, and N. R. SMITH, Circuit Judges.

Sunitha Guntipally appeals from the district court’s judgment and challenges

the 52

- month sentence imposed following her guilty

- plea conviction for conspiracy

to commit visa fraud, in violation of 18 U.S.C. § 371 . We have jurisdiction under

28 U.S.C. § 1291, and we vacate and remand for resentencing

.

* This disposition i s not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 22 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 10533

Guntipally contends that the district court plainly erred by failing to invite

her to alloc u te at her sentencing hearing. The Government argues that this appeal

is barred by a valid appeal waiver. Because it is not clear that the waiver

encompasses this issue, we address the merits of Guntipally’s claim. S ee United

States v. Jacobo Castillo , 496 F.3d 947, 957 (9th Cir. 2007) (en banc).

Under Federal Rule of Criminal Procedure 32(i)(4)(A)(ii) , the court must

“ address the defendant personally in order to permit the defendant to speak or

present any information to mitigate the sentence.” “ We review the district court ’ s

failure to afford the defendant the right to allocution at sentencing for harmless

error. ” United States v. Gunning , 401 F.3d 1145, 1147 (9th Cir. 2005) . Here,

Guntipally was not personally invited to alloc u te and , because she “ could have

received a shorter sentence, the denial of the right of a llocution is not harmless. ”

Id. Accordingly, we vacate her sentence and remand for resentencing. In light of

this decision, we need not reach Guntipally’s remaining contentions.

VACATED and REMANDED.
exv10w7



 




Exhibit 10.7



AMENDMENT



TO THE PATTERSON-UTI ENERGY, INC.




AMENDED AND RESTATED 1997 LONG-TERM INCENTIVE PLAN



     
THIS AGREEMENT is by Patterson-UTI Energy, Inc. (the
“Sponsor”),



WITNESSETH:


     
WHEREAS, the Sponsor maintains the Plan known as the
“Patterson-UTI Energy, Inc. Amended and Restated 1997
Long-Term Incentive Plan” (the “Plan”); and


     
WHEREAS, the Sponsor retained the right in Section 5.3 of
the Plan to amend the Plan from time to time; and


     
WHEREAS, the Board of Directors of the Sponsor approved
resolutions on April 28, 2004 to amend the Plan;


     
NOW, THEREFORE, the Sponsor agrees that, effective upon the
approval of a majority of the stockholders of the Sponsor
entitled to vote thereon, the Plan is hereby amended, as follows:



		
	 	     
    1. The reference to “$500,000” in the third
    paragraph of Section 1.5 of the Plan is hereby deleted and
    replaced by “$2,000,000”.
	 
	 	     
    2. The last sentence of Section 3.1(a) of the Plan is
    hereby deleted in its entirety and replaced by





		
	 	
    “Performance objectives will be based on absolute and
    relative increases in share prices, operating income, net
    income, cash flow, cash margins and earnings before interest,
    income taxes and depreciation, depletion and amortization
    thresholds on a company wide, subsidiary, division or group
    basis, rig utilization, safety records, return on common equity
    or any combination of the foregoing.”





		
	 	     
    3. The last sentence of Section 4.1(b) of the Plan is
    hereby deleted in its entirety and replaced by





		
	 	
    “Such objectives, however, shall be based on absolute and
    relative increases in share prices, operating income, net
    income, cash flow, cash margins and earnings before interest,
    income taxes and depreciation, depletion and amortization
    thresholds on a company wide, subsidiary, division or group
    basis, rig utilization, safety records, return on common equity
    or any combination of the foregoing.”




     
IN WITNESS WHEREOF, the Sponsor has executed this Agreement this
29th day of June 2004.



		
	 	
    PATTERSON-UTI ENERGY, INC.
	 
	 	
    By        /s/ JONATHAN D. NELSON
	 	
    

	 
	 	
    Name:        Jonathan D. Nelson
	 	
    

	 	Title:        Chief Financial Officer
STATE EX REL. Timothy RANDAZZO v. STATE of Louisiana

No. 2017-KH-1718

Supreme Court of Louisiana.

December 3, 2018

**ON SUPERVISORY WRITS TO THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ASCENSION**

PER CURIAM:

Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of *Strickland v. Washington* , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, *see*28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations *668period as set out in La.C.Cr.P. art. 930.8. Notably, the legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
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newsletter        January 6, 2021      WaterMarks Newsletter - 2020
Mark Antonio BURGOS, DOC #T72747, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-728

District Court of Appeal of Florida, Second District.

Opinion filed December 14, 2018

Howard L. Dimmig, II, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, and Helene S. Parnes, Senior Assistant Attorney General, Tampa (substituted as counsel of record), for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and VILLANTI and SLEET, JJ., Concur.
##### 



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 American Medical Systems Holdings,
Inc. (the Company) on Form 10-Q for the quarterly period ended October 2,
2004 as filed with the Securities and Exchange Commission on the date hereof
(the Report), Douglas W. Kohrs, as Chairman and Chief Executive Officer of
the Company, and Carmen L. Diersen, as Executive Vice President and Chief
Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant 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 results of operations of
the Company. Date:  November 12, 2004
    By:
    /s/ Douglas W. KohrsName:
    Douglas W. KohrsTitle:
    Chairman and Chief Executive OfficerDate:  November 12, 2004
    By:
    /s/ Carmen L. DiersenName:
    Carmen L. DiersenTitle:
    Executive Vice President and
Chief Financial Officer
Mae Lee RUCKER, Benny S. M. Rucker, Marcus I. L. Rucker, Latrice Rucker Young, Kimberlyn Rucker Belone, and Albert T.K. Rucker v. PARISH OF ASCENSION

NO. 2018-C-1704

Supreme Court of Louisiana.

January 14, 2019

Denied.

JOHNSON, C.J., would grant.
Saul PRECIADO, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1527

District Court of Appeal of Florida, Fourth District.

[December 12, 2018]

Thomas A. Kennedy of Thomas A. Kennedy, P.A., Vero Beach, for appellant.

No appearance required for appellee.

Per Curiam.

*Affirmed. See**Hernandez v. State* , 124 So.3d 757 (Fla. 2012).

Warner, Taylor and Conner, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal Service  TM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 27, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service ® hereby gives notice that, pursuant to 39 U.S.C.                           ( print page 105640)                        3642 and 3632(b)(3), on December 13, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage ® Contract 536 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-833, K2025-834.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-30801 Filed 12-26-24; 8:45 am]

BILLING CODE 7710-12-P
DEPT. OF CHILDREN & FAMILIES, Appellant/Petitioner(s), v. Jerome WILGANOWSKI, Appellee/Respondent(s).

CASE NO.: 2D18-4778

District Court of Appeal of Florida, Second District.

January 30, 2019

BY ORDER OF THE COURT:

Petitioner's notice of voluntary dismissal is accepted and this petition for writ of certiorari is dismissed.
H. Res. 492 

In the House of Representatives, U. S., 

February 27, 2014. 

Resolved, That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, 

declare the House resolved into the Committee of the Whole 

House on the state of the Union for consideration of the bill 

(H.R. 899) to provide for additional safeguards with respect 

to imposing Federal mandates, and for other purposes. The 

first reading of the bill shall be dispensed with. All points of 

order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one 

hour equally divided and controlled by the chair and ranking 

minority member of the Committee on Oversight and Government Reform. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall 

be considered as read. All points of order against provisions 

in the bill are waived. No amendment to the bill shall be in 

order except those printed in the report of the Committee on 

Rules accompanying this resolution. Each such amendment 

may be offered only in the order printed in the report, may 
2 

•HRES 492 EH 

be offered only by a Member designated in the report, shall 

be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, 

and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All 

points of order against such amendments are waived. At the 

conclusion of consideration of the bill for amendment the 

Committee shall rise and report the bill to the House with 

such amendments as may have been adopted. The previous 

question shall be considered as ordered on the bill and 

amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. 

Attest: 

Clerk.
III 

118TH CONGRESS 

1ST SESSION S. RES. 233 

Expressing support for the designation of May 2023 as Motorcycle Safety 

Awareness Month. 

IN THE SENATE OF THE UNITED STATES 

JUNE 1, 2023 

Ms. ERNST (for herself and Mr. PETERS) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Expressing support for the designation of May 2023 as 

Motorcycle Safety Awareness Month. 

Whereas, in the United States, motorcycling is a great tradition enjoyed by an estimated 30,000,000 individuals annually, representing approximately 9 percent of the population; 

Whereas motorcycles are a valuable component of the transportation mix; 

Whereas motorcycles are fuel-efficient and decrease congestion while having little impact on the transportation infrastructure of the United States; 

Whereas the motorcycling community promotes rider safety 

education, licensing, and motorcycle awareness; 


kjohnson on DSK79L0C42PROD with BILLS
2 

•SRES 233 ATS 

Whereas the motorcycling community is committed to decreasing motorcycle crashes through training and safety 

education, personal responsibility, and increased public 

awareness; 

Whereas approximately 87 percent of motorcycles operated on 

highways are operated in conjunction with other vehicles; 

Whereas motorcyclist fatalities occur more frequently than 

passenger vehicle motorist fatalities; 

Whereas motorcycle awareness is beneficial to all road users 

and will help decrease motorcycle crashes; and 

Whereas the National Highway Traffic Safety Administration 

promotes Motorcycle Safety Awareness Month to encourage riders to be properly licensed, receive training, and 

wear personal protective equipment, and to remind all 

riders and motorists to always share the road: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the designation of Motorcycle 

3 Safety Awareness Month; 

4 (2) recognizes the contribution of motorcycles 

5 to the transportation mix; 

6 (3) encourages motorcycle awareness by all 

7 road users; 

8 (4) recognizes that motorcyclists have a right to 

9 the road and that all motorists should safely share 

10 the roadways; 

11 (5) encourages rider safety education, training, 

12 and proper gear for safe motorcycle operation; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•SRES 233 ATS 

1 (6) supports the goals of Motorcycle Safety 

2 Awareness Month. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
**Exhibit 13.2****Certification**     Pursuant to Rule 13a-14(b) under the Securities Exchange Act of 1934, as amended (the“Exchange Act”), and 18 U.S.C. § 1350, the undersigned officer of China Unicom Limited (the“Company”), hereby certifies that the Company’s Annual Report on Form 20-F for the year endedDecember 31, 2006 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Exchange Act and that the information contained in the Report fairly presents,in all material respects, the financial condition and results of operations of the Company.       Dated: June 29, 2007 By: /s/ Tong Jilu    Name:  Tong Jilu    Title: Chief Financial Officer       The foregoing certification is being furnished solely pursuant to Rule 13a-14(b) under theExchange Act and 18 U.S.C § 1350 and will not be deemed “filed” for purposes of Section 18 of theExchange Act, or otherwise subject to the liability of that section.
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slideshow        January 2, 2024        December 2023 New England Flood Event
##### 



EXHIBIT 32.1 E-SMART TECHNOLOGIES, INC. CERTIFICATION PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of e-Smart Technologies, Inc. on Form
10-KSB for the fiscal years ended December 31, 2002 and December 31, 2003, as
filed with the Securities and Exchange Commission on March 30, 2004 (the
Report), the undersigned, in the capacities and on the dates indicated below,
hereby certifies 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 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 e-Smart
Technologies, Inc. Date: March 30, 2004 /s/ Mary A. Grace
Exhibit  23.d





INDEPENDENT AUDITORS’ CONSENT





We consent to the incorporation by reference in the following Registration Statements of our report dated December 15, 2016, relating to the financial statements of Meritor WABCO Vehicle Control Systems for the year ended September 30, 2016 appearing in this Annual Report on Form 10-K/A of Meritor, Inc. for the year ended October 1, 2017:





FormRegistration No.PurposeS-8333-215874Amended and Restated 2010 Long Term Incentive PlanS-8333-192458Amended and Restated 2010 Long Term Incentive PlanS-3333-222045Registration of common stock, preferred stock, warrants, debt securities and guaranteesS-8333-171713Amended 2010 Long-Term Incentive PlanS-8333-1643332010 Long-Term Incentive PlanS-8333-1411862007 Long-Term Incentive PlanS-8333-107913Meritor, Inc. Savings PlanS-8333-123103Meritor, Inc. Hourly Employees Saving PlanS-8333-496101997 Long-Term Incentives Plan











/s/ DELOITTE & TOUCHE LLP


DELOITTE & TOUCHE LLP





Detroit, Michigan


December 15, 2017
Exhibit 4.12


 


FIFTH AMENDMENT TO  SEGUE SOFTWARE, INC. 

1996 EMPLOYEE STOCK PURCHASE PLAN


 


A.                                   The SEGUE SOFTWARE,
INC. 1996 EMPLOYEE STOCK PURCHASE PLAN (the “Plan”), is hereby amended as
follows:


 


1.                                       In
Section 12 by deleting the entire subparagraph (a) and inserting in place
thereof the following subparagraph:


 


“(a)                            The maximum number of
shares of the Company’s Common Stock which shall be made available for sale
under the Plan shall be 700,000 shares, subject to adjustment upon changes in
capitalization of the Company as provided in paragraph 18.  If the total number of shares which would
otherwise be subject to options granted pursuant to Section 7(a) hereof on
the Offering Date of an Offering Period exceeds the number of shares then
available under the Plan (after deduction of all shares for which options have
been exercised or are then outstanding), the Company shall make a pro rata
allocation of the shares remaining available for option grant in as uniform a
manner as shall be practicable and as it shall determine to be equitable.  Any amounts remaining in an Employee’s
account not applied to the purchase of stock pursuant to this Section 12
shall be refunded on or promptly after the Exercise Date.  In such event, the Company shall give
written notice of such reduction of the number of shares subject to the option
to each Employee affected thereby and shall similarly reduce the rate of
Contributions, if necessary.”


 


B.                                     The effective date
of this Fifth Amendment shall be June 6, 2003.


 


C.                                     Except as expressly
amended hereby, the Plan remains in full force and effect in accordance with
its terms.
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Podcasts        August 17, 2021        USGS Outstanding in the Field, Episode 8, Braving thin ice

Podcasts        March 14, 2022        USGS Outstanding in the Field, Episode 11, Designing Accessible Research for Rural Communities
Earlis WILLIAMS and Kaonta, Minor, Individually and on Behalf of Her Father Earlis, Minor v. PEL HUGHES PRINTING COMPANY

NO. 2018-OC-1915

Supreme Court of Louisiana.

January 18, 2019

Denied.