alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Jose Alberto DE LOS SANTOS-VALLEJO, Defendant-Appellant.

No. 10-41317

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 22, 2011.

Renata Ann Gowie, Assistant U.S. Attorney, James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Molly Estelle Odom, Esq., Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH and PRADO, Circuit Judges.

PER CURIAM: *

After entering a plea agreement, Jose Alberto De Los Santos-Vallejo was convicted of illegal reentry and was sentenced to 37 months of imprisonment and two years of supervised release. De Los Santos-Vallejo now appeals the judgment of the district court and requests that this court order the modification of his presen-fence report (PSR), which incorrectly concluded that De Los Santos-Vallejo’s statutory maximum term of imprisonment was 20 years, implying that he should be sentenced pursuant to 8 U.S.C. § 1326(b)(2) rather than § 1326(b)(1), and of the judgment, which merely cites § 1326(b) in reference to De Los Santos-Vallejo’s punishment. De Los Santos-Vallejo concedes that he did not object on these grounds in the district court. The Government agrees that the judgment should be modified.

Because De Los Santos-Vallejo did not object in the district court, we review for plain error his argument that the PSR should be modified. A plain error is a forfeited error that is clear or obvious and affects the defendant’s substantial rights. *United States v. Ellis,*564 F.3d 370, 377 (5th Cir.), *cert. denied,*— U.S.-, 130 S.Ct. 371, 175 L.Ed.2d 124 (2009). When those elements are shown, this court has the discretion to correct the error only if it “seriously affects the fairness, integrity, or public reputation of judicial proceedings.” *Id.*(internal quotation and citation omitted).

We decline to order the modification of the PSR, as De Los Santos-Vallejo has not demonstrated that the error therein affects his substantial rights. However, the judgment is modified to reflect that De Los Santos-Vallejo was sentenced pursuant to § 1326(b)(1). *See United States v. Mondragon-Santiago,*564 F.3d 357, 369 (5th Cir.2009).

AFFIRMED AS MODIFIED.

*

 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.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          35,874
<SECURITIES>                                         0
<RECEIVABLES>                                    7,935
<ALLOWANCES>                                     (348)
<INVENTORY>                                      7,139
<CURRENT-ASSETS>                                51,079
<PP&E>                                           7,268
<DEPRECIATION>                                 (2,698)
<TOTAL-ASSETS>                                  55,692
<CURRENT-LIABILITIES>                            6,743
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            17
<OTHER-SE>                                      48,786
<TOTAL-LIABILITY-AND-EQUITY>                    55,692
<SALES>                                         36,346
<TOTAL-REVENUES>                                36,346
<CGS>                                           19,995
<TOTAL-COSTS>                                   19,995
<OTHER-EXPENSES>                                28,029
<LOSS-PROVISION>                                   420
<INTEREST-EXPENSE>                             (2,247)
<INCOME-PRETAX>                                (9,431)
<INCOME-TAX>                                         2
<INCOME-CONTINUING>                            (9,433)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (9,433)
<EPS-PRIMARY>                                   (0.61)
<EPS-DILUTED>                                   (0.61)


</TABLE>
# L_2008352EN.01S00301.xml

| 31.12.2008 | EN | Official Journal of the European Union | L 352/s3 |
| --- | --- | --- | --- |

31.12.2008

EN

Official Journal of the European Union

L 352/s3

---

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
# C_2004180EN.01001001.xml

| 13.7.2004 | EN | Official Journal of the European Union | C 180/10 |
| --- | --- | --- | --- |

13.7.2004

EN

Official Journal of the European Union

C 180/10

---

Non-opposition to a notified concentration

(Case No COMP/M.3403 — JP MORGAN / BANK ONE)

(2004/C 180/09)

(Text with EEA relevance)

On 10 May 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EEC) No 4064/89. The full text of the decision is available only in english and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3403. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below: |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 304M3403. CELEX is the computerized documentation system of European Community law. For more information on how to access Celex, see ‘subscriber information’ links below:

CELEX: subscriber information

http://publications.eu.int/general/en/eulaw_en.htm

---
#### Julie S. Diachuk, Respondent, v Walter O. Diachuk, Appellant.

(Appeal No. 2.)

—Order unanimously reversed, on the law, without costs. Same memorandum as in *Diachuk v Diachuk*([Appeal No. 1], 117 AD2d 985). (Appeal from order of Supreme Court, Monroe County, Siracuse, J.—vacate default judgment.) Present—Doerr, J. P., Denman, Green, O’Donnell and Schnepp, JJ.
# C_2017424EN.01001401.xml

| 11.12.2017 | EN | Official Journal of the European Union | C 424/14 |
| --- | --- | --- | --- |

11.12.2017

EN

Official Journal of the European Union

C 424/14

---

Judgment of the Court (Eighth Chamber) of 19 October 2017 — Oleksandr Viktorovych Yanukovych v Council of the European Union, European Commission

(Case C-599/16 P) (1)

1

((Appeal - Restrictive measures taken in view of the situation in Ukraine - List of persons, entities and bodies subject to the freezing of funds and economic resources - Inclusion of the appellant’s name))

(2017/C 424/19)

Language of the case: English

Parties

Parties

Appellant: Oleksandr Viktorovych Yanukovych (represented by T. Beazley QC)

Appellant:

Other parties to the proceedings: Council of the European Union (represented by P. Mahnič Bruni and J.-P. Hix, Agents), European Commission (represented initially by S. Bartelt and J. Norris-Usher, and subsequently by E. Paasivirta and J. Norris-Usher, acting as Agents)

Other parties to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Mr Oleksandr Viktorovych Yanukovych to bear his own costs and to pay those incurred by the Council of the European Union; |
| --- | --- |

2.

Orders Mr Oleksandr Viktorovych Yanukovych to bear his own costs and to pay those incurred by the Council of the European Union;

| 3. | Orders the European Commission to bear its own costs. |
| --- | --- |

3.

Orders the European Commission to bear its own costs.

---

(1)  OJ C 30, 30.1.2017.

1

---
# Official Journal C 176A/11 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 176A |
| | |
| English edition | Information and Notices | Volume 5711 June 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 176A

English edition

Information and Notices

Volume 5711 June 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Medicines Agency |
| 2014/C 176A/01 | Recruitment for the European Medicines Agency (London) | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Medicines Agency

2014/C 176A/01

Recruitment for the European Medicines Agency (London)

1

---

| | |
| --- | --- |
| 2014/C 176A/02 | Review of ‘Competition’ C A Official Journals | 2 |

2014/C 176A/02

Review of ‘Competition’ C A Official Journals

2

---

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

EN
#### The People of the State of New York, Respondent, v Edward C. P., Appellant.

Adjudication unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from adjudication of Supreme Court, Erie County, McGowan, J. — youthful offender.) Present — Dillon, P. J., Doerr, Green, O’Donnell and Pine, JJ.
Exhibit
13.1



Credicorp Ltd.



Credicorp Ltd.



Certification Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002



(18 U.S.C. Section
1350)



Pursuant to the requirements
of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies as follows:



| | 1. | I am the Chief Executive Officer of Credicorp Ltd. (the “Company”).
| | -- | -------------------------------------------------------------------



| | 2. | To my knowledge:
| | -- | ----------------



| | (A) | The Company’s Annual Report on Form 20-F for the year ended December 31, 2013 accompanying
this Certification, in the form filed with the Securities and Exchange Commission (the “Report”), fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



Dated: April 30,
2014





By: /S/ DIONISIO
ROMERO P.



Name:	Dionisio
Romero



Title:	Chief Executive
Officer
Document

EXHIBIT 10.01


DESCRIPTION OF ANNUAL INCENTIVE BONUS PLAN FOR FISCAL YEAR 2022


On June 9, 2021, the Board of Directors of Flex Ltd. (the "Company") approved the Company’s Annual Incentive Bonus Plan for fiscal year 2022. The plan provides the Company’s executive officers with the opportunity to earn annual cash bonuses based upon the achievement of pre-established performance goals. Performance measures under the plan will be: operating profit, free cash flow and revenue targets at the Company level; and, additionally for certain executives, operating profit and revenue targets at the segment level. The plan allows awards to provide for different metrics, target levels and weightings for different executives. The Board, or the Compensation and People Committee, if so delegated by the Board, maintains the authority to adjust award payouts upon evaluation of each bonus award in the context of the Company’s overall performance.
 
Under the Annual Incentive Bonus Plan, target award opportunities are set at various percentages of base salary, which will be: 150% of base salary in the case of the Chief Executive Officer; 110% of base salary in the case of the Chief Financial Officer; and between 100% and 110% of base salary in the cases of other named executive officers. Actual payout opportunities for each bonus component will range from a threshold of 30% of target for operating profit, 30% of target for revenue, and 50% of target for free cash flow, to a maximum of 200% of target (for all metrics), in each case based on achievement of the performance measures. If the Company or segment fails to achieve the threshold level for any performance measure, no payout is awarded for that measure. In addition, Company operating profit will be a funding metric for all Company bonus plans, including the executive plan, such that actual bonus payouts for executives may increase or decrease based on the level of Company operating profit versus target. For purposes of determining achievement of award opportunities, the incentive bonus plan uses adjusted, non-GAAP measures.
#### Towne Buick-Opel, Inc., Respondent, v London Motors *1001Corporation, Appellant.

— Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: There are ambiguities in the terminology used in the conditional sales contract. Since a determination of the intent of the parties depends upon the credibility of extrinsic evidence, or on a choice among reasonable inferences to be drawn from extrinsic evidence, there are triable issues of fact raised which preclude granting summary judgment *(Hartford Acc. & Indent. Co. v Wesolowski,*33 NY2d 169, 172; *Mallad Constr. Corp. v County Fed. Sav. & Loan Assn.,*32 NY2d 285, 291). (Appeal from order of Supreme Court, Erie County, McGowan, J. — summary judgment.) Present — Callahan, J. P., Doerr, Green, O’Donnell and Pine, JJ.
Hennion & Walsh, Inc. 487


Exhibit 4.3



Consent of Independent Registered Public
Accounting Firm


We have issued our report
dated July 27, 2021, with respect to the financial statement of SmartTrust 528 contained in Amendment No. 1 to the Registration Statement
on Form S-6 (File No. 333-255290) and related Prospectus. We consent to the use of the aforementioned report in the Registration Statement
and Prospectus, and to the use of our name as it appears under the caption “Independent Registered Public Accounting Firm”.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


July 27, 2021
EXHIBIT 32.1



CEO/CFO Certification 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 Pinnacle Bankshares Corporation, respectively, certify that, to the best of their knowledge, the Quarterly Report on Form 10-QSB for the
period ended September 30, 2004, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 Pinnacle Bankshares Corporation and subsidiary 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 disclaim any obligation to update the foregoing certification except as required by law.



|                  |  |                                      
|----------------- |  | -------------------------------------
|November 12, 2004 |  | /s/ Robert H. Gilliam, Jr.           
|Date              |  | Robert H. Gilliam, Jr., President and
|                  |  | Chief Executive Officer              
|                  | 
|November 12, 2004 |  | /s/ Bryan M. Lemley                  
|Date              |  | Bryan M. Lemley, Secretary,          
|                  |  | Treasurer and Chief Financial Officer
Exhibit 4.2


 


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
FIRM


 


We have issued our report dated July 30, 2021, with respect to the financial statement
of m+ funds Trust, Series 1-21 contained in Amendment No. 1 to the Registration Statement on Form S-6 (File No. 333-255867) and related
Prospectus. We consent to the use of the aforementioned report in the Registration Statement and Prospectus, and to the use of our name
as it appears under the caption “Independent Registered Public Accounting Firm”.


 


 


/s/ GRANT THORNTON LLP


 


Chicago, Illinois


July 30, 2021
<TABLE> <S> <C>


<ARTICLE> 5
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         841,789
<SECURITIES>                                     2,364
<RECEIVABLES>                                  365,368
<ALLOWANCES>                                    26,033
<INVENTORY>                                     77,440
<CURRENT-ASSETS>                             1,810,875
<PP&E>                                       5,739,912
<DEPRECIATION>                               1,100,224
<TOTAL-ASSETS>                               8,853,442
<CURRENT-LIABILITIES>                        1,539,237
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,933
<OTHER-SE>                                   5,077,198
<TOTAL-LIABILITY-AND-EQUITY>                 8,853,442
<SALES>                                        357,216
<TOTAL-REVENUES>                             6,491,737
<CGS>                                          290,413
<TOTAL-COSTS>                                  290,413
<OTHER-EXPENSES>                             6,015,968
<LOSS-PROVISION>                                (4,500)
<INTEREST-EXPENSE>                             117,642
<INCOME-PRETAX>                                152,115
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            152,115
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   152,115
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .05



</TABLE>
**Exhibit 99.1**

**OFFICERS’ CERTIFICATION**

            Pursuant to Section 906 of the Corporate Fraud Accountability Act of 2002 (18 U.S.C.§ 1350, as adopted),  Richard S. Gilbert, Chief ExecutiveOfficer of Copper Mountain Networks, Inc. (the “Company”), and Michael O. Staiger, Chief Financial Officer of the Company, each hereby certify that, to the best of their knowledge:

**1.**        The Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2002, and to which this Certification is attached as Exhibit 99.1, (the“***Periodic Report***”) fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934; and

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

**     I****N W****ITNESS W****HEREOF,** the undersigned have set their hands hereto as of the 14th day of November, 2002.

|  
 

/s/ RICHARD S. GILBERT

 
 

 
 

**Richard S. Gilbert Chairman, President and Chief Executive Officer**

 
 

   
 
 

/s/ MICHAEL O. STAIGER

 
 

 
 

**Michael O. Staiger  Chief Financial Officer and Secretary**

  |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
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Exhibit 99.9

          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 Colmena Corp.  (the  "Company") on
Form 10-KSB for the year ended  September 30, 2003 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"),  I, Anthony Q. Joffe,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to 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) The  information  contained in the Report fairly  presents,  in all material
respects, the financial condition and result of operations of the Company.


/s/ Anthony Q. Joffe /s/
Anthony Q. Joffe, President and Chief Executive Officer
February 9, 2004