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NOT FOR PUBLICATION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.

EFRAIN TREVIZO-CORONA,

 Defendant - Appellant.

No. 13-10398

D.C. No. 2:13-cr-00492-DGC

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Ronald S. W. Lew, District Judge, Presiding** 

Submitted April 7, 2014*** 

Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.

Efrain Trevizo-Corona appeals from the district court’s judgment and

challenges the 87-month sentence imposed following his guilty-plea conviction for

FILED

APR 16 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 Honorable Ronald S. W. Lew, Senior United States District Judge

for the Central District of California, sitting by designation.

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

without oral argument. See Fed. R. App. P. 34(a)(2).
reentry of a removed alien, in violation of 8 U.S.C § 1326. We have jurisdiction

under 28 U.S.C. § 1291, and we affirm.

Trevizo-Corona contends that his sentence is substantively unreasonable

under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), given the

staleness of his prior convictions, his age, and the remoteness of his violent acts. 

He also argues that the district court should not have imposed a sentence 23

months longer than the 64-month sentence he previously served for a reentry

offense.

The district court did not abuse its discretion in imposing Trevizo-Corona’s

sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The 87-month

sentence, at the top of the Guidelines range, is substantively reasonable in light of

the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances,

including Trevizo-Corona’s immigration history and his significant criminal

history. See id.

AFFIRMED.

2 13-10398
IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court No.DA 19-0565 MONTANA ENVIRONMENTAL INFORMATION CENTER,

Petitioner/Appellee,
vs. MONTANA PUBLIC SERVICE COMMISSION,MONTANA DEPARTMENT OF PUBLIC SERVICE REGULATION,

Appellant,and NORTHWESTERN CORPORATION d/b/a NORTHWESTERN ENERGY, Respondent/Appellant. Order for 30-day Extension Based upon the unopposed motion pursuant to M.R.App.P. 26(1) and good cause appearing; The motion is hereby GRANTED. Appellants shall each have up to and including April 24, 2020,to file reply briefs. 03/18/2020

Case Number: DA 19-0565Dated this ay ofMarch,2020.

2
EXHIBIT
32.2





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 PNG Ventures, Inc. (the “Company”) on Form
10-K for the period ended December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Kevin W. Markey,
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:





(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.





A signed original of this written
statement required by Section 906 has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.





The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350
and is not being filed for purposes of Section 18 of the Securities Exchange Act
of 1934, as amended, and is not to be incorporated by reference into any filing
of the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.





Dated:  April
14, 2009





/s/
      Kevin W. MarkeyKevin
      W. MarkeyPrincipal
      Financial and Accounting Officer
COLORADO RIVER AT PARKER GAGELatitude: 34.149Longitude: -114.308Elevation: 347.30

Colorado River at Parker Gage
<PAGE>   1
                                                                    EXHIBIT 12.1

                  STATEMENT OF COMPUTATION OF RATIO OF EARNINGS
                                TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                          FOR THE YEARS ENDED DECEMBER 31,
                                             ----------------------------------------------------------
                                             1996        1997         1998          1999           2000
                                             ----        ----         ----          ----           ----
<S>                                        <C>         <C>         <C>           <C>            <C>
EARNINGS:

     Pre-tax income                        $16,737     $28,312     $ 50,989      $  94,176      $  75,707

     Fixed charges                           3,597      10,528       26,338         94,864        128,079
     Less:  Preferred stock dividends           --          --       (3,234)        (4,144)        (4,144)
     Less:  Capitalized interest                --          --         (262)            --             --
                                           -------     -------     --------      ---------      ---------
        Net fixed charges                    3,597      10,528       22,842         90,720        123,935
                                           -------     -------     --------      ---------      ---------
     EARNINGS                              $20,334     $38,840     $ 73,831      $ 184,896      $ 199,642
                                           =======     =======     ========      =========      =========

FIXED CHARGES:
     Interest expense                      $ 2,837     $ 9,330     $ 20,267      $  81,633      $ 112,433
     Preferred stock dividends                  --          --        3,234          4,144          4,144
     Capitalized interest                       --          --          262             --             --
     Amortization of debt costs                252         329          865          4,930          6,254
     Interest factor of rental expense         508         869        1,710          4,157          5,248
                                           -------     -------     --------      ---------      ---------
     TOTAL FIXED CHARGES                   $ 3,597     $10,528     $ 26,338      $  94,864      $ 128,079
                                           =======     =======     ========      =========      =========
RATIO OF EARNINGS TO FIXED CHARGES             5.7         3.7          2.8            1.9            1.6
                                           =======     =======     ========      =========      =========
</TABLE>
#### Pamela B. Rodman, Appellant, v Robert H. Friedman, Respondent.

Submitted January 16, 2007;

decided March 22, 2007

*896Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
EXHIBIT 32.2



CERTIFICATION IN ACCORDANCE WITH

18
U.S.C. SECTION 1350

AS ADOPTED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of Internet America, Inc. (the Company) for the period ending September 30, 2003 as filed with the Securities and Exchange commission on the date hereof
(the Report), I, Mark Novy, Controller and Chief Accounting Officer of the Company, certify in accordance with 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, to my knowledge 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.



/s/    Mark NovyMark Novy Controller and Chief Accounting Officer Date: November 14, 2003
[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Notices]
[Page 50754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19517]


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

SURFACE TRANSPORTATION BOARD

[Docket No. FD 36539]


WRL LLC dba Rainier Rail--Lease and Operation Exemption--City of 
Tacoma Department of Public Works dba Tacoma Rail Mountain Division

    WRL LLC dba Rainier Rail (WRL), a Class III railroad, has filed a 
verified notice of exemption pursuant to 49 CFR 1150.41 to lease from 
the City of Tacoma, Department of Public Works dba Tacoma Rail Mountain 
Division (Tacoma Rail) and operate an approximately 0.8-mile rail line 
between Tacoma Rail milepost 28.6 and milepost 27.8C near McKenna, in 
Pierce County, Wash. (the Line).
    WRL states that the Line was previously operated by Tacoma Rail. 
WRL states that it has reached an agreement with Tacoma Rail that will 
allow WRL to lease and operate the Line upon the exemption's effective 
date.
    According to WRL, the proposed transaction does not involve any 
provision or agreement that would limit future interchange with a 
third-party connecting carrier. Further, WRL certifies that its 
projected annual revenue will not exceed $5 million and will not result 
in the creation of a Class I or II rail carrier.
    The earliest this transaction may be consummated is September 25, 
2021, the effective date of the exemption (30 days after the verified 
notice was filed).
    If the verified notice contains false or misleading information, 
the exemption is void ab initio. Petitions to revoke the exemption 
under 49 U.S.C. 10502(d) may be filed at any time. The filing of a 
petition to revoke will not automatically stay the effectiveness of the 
exemption. Petitions for stay must be filed no later than September 17, 
2021 (at least seven days before the exemption becomes effective).
    All pleadings, referring to Docket No. FD 36539, should be filed 
with the Surface Transportation Board via e-filing on the Board's 
website. In addition, a copy of each pleading must be served on WRL's 
representative: James H.M. Savage, 22 Rockingham Court, Germantown, MD 
20874.
    According to WRL, this action is categorically excluded from 
environmental review under 49 CFR 1105.6(c) and from historic 
preservation reporting requirements under 49 CFR 1105.8(b).
    Board decisions and notices are available at www.stb.gov.

    Decided: September 7, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Kenyatta Clay,
Clearance Clerk.
[FR Doc. 2021-19517 Filed 9-9-21; 8:45 am]
BILLING CODE 4915-01-P
#### PGA Marketing Ltd., Respondent, v Windsor Plumbing Supply, Inc., Appellant. (Action No. 1.) Governale Bros., Inc., et al., Appellants, v PGA Marketing Ltd., et al., Respondents. (Action No. 2.)

*578The appellants have failed to demonstrate that their defense of fraud has merit *(see, PGA Mktg. v Windsor Plumbing Supply,*124 AD2d 576). Their remaining defenses sound in breach of contract and concern the underlying contract dispute. Such defenses do not bar payment of a letter of credit, as long as the letter of credit is valid on its face and any required documents conform to the requirements, if any, in the letter of credit *(see,*UCC 5-114; *United Bank v Cambridge Sporting Goods Corp.,*41 NY2d 254; White and Summers, Uniform Commercial Code §§ 18-1, 18-6 [2d ed 1980]).

The appellants also asserted as a basis for a claim of fraud that a third party had a lien on PGA’s personal property at the time PGA sold the inventory to the appellants. The appellants have failed to demonstrate that the presence of any such lien has or will adversely affect Windsor’s rights to any of the inventory purchased.

The appellants also failed to demonstrate that they would suffer irreparable harm or that the balance of equities favored the granting of the preliminary injunction *(see,*CPLR 6301; *Albini v Solork Assoc.,*37 AD2d 835). Denial of their motion for a preliminary injunction was therefore appropriate. Brown, J. P., Weinstein, Lawrence and Hooper, JJ., concur.
THE STATE OF TEXAS

M A N D A T E

*********************************************

TO THE 159TH DISTRICT COURT OF ANGELINA COUNTY, GREETING:

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 27th

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

ERIK DEWAYNE DRAYTON, Appellant

NO. 12-14-00144-CR; Trial Court No. 2013-0725

Opinion by Greg Neeley, Justice.

THE STATE OF TEXAS, Appellee

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

“THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the 

same being considered, it is the opinion of this court that there was no error in the judgment.

It is therefore ORDERED, ADJUDGED and DECREED that the judgment of the court 

below be in all things affirmed, and that this decision be certified to the court below for 

observance.”

WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals 

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

recognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court 

of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of 

Tyler, this the 4

th day of May, 2015.

CATHY S. LUSK, CLERK

By: _______________________________

Chief Deputy Clerk
### (Stouri ofAppeals iFtf ty Bisitxci at ©*xas at lallas JUDGMENT LEWIS SERVICES CORPORATION D/B/A CAPITAL MORTGAGE SERVICES AND COMMERCE SERVICE CORPORATION D/B/A OAK TREE MORTGAGE CORPORATION, Appellants No. 05-98-01366-CV V. MISSOURI-KANSAS-TEXAS RAILROAD EMPLOYEES HOSPITAL ASSOCIATION, Appellee Appeal from the 160th Judicial District Court ofDallas County, Texas. (Tr.Ct.No. 97-07978-H). Opinion delivered per curiam before JusticesMorris, Whittington, andMoseley.



### Based on the Court's opinion ofthis date, this appeal is DISMISSEDwith prejudice. It is ORDERED that each party shall bear its own costs ofthis appeal. All other reliefnot expressly granted is DENIED. Judgment entered December 4, 1998.

M£RK WHITTINGTONl JUSTICEDismissed and Opinion Filed December4, 1998

In The 

### (Gmtrt ofAppeals Wxfttj StstHrt 0fGkxas at Sallas No. 05-98-01366-CV LEWIS SERVICES CORPORATION d/b/a CAPITAL MORTGAGE SERVICES and COMMERCE SERVICE CORPORATION 

### d/b/a OAK TREE MORTGAGE CORPORATION, Appellants
V. MISSOURI-KANSAS-TEXAS RAILROAD EMPLOYEES HOSPITAL ASSOCIATION, Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. 97-07978-H OPINION PER CURIAM 

### Before Justices Morris, Whittington, and Moseley 

### The Court has before it the parties' November 30, 1998 amendedjoint motion to dismiss with prejudice, which recites that the parties have settled their differences. This 

### appeal is DISMISSED with prejudice. See Tex. R. App. P. 42.1; 43.2(f). It is ORDERED 

### that each partyshall bearits own costs ofthis appeal. All otherreliefnotexpresslygrantedis DENIED.

PER CURIAM Do Not Publish Tex. R. App. P. 47 981366F.U05

-2-
abmd-ex1019_560.htm



Exhibit 10.19

 

 April 27, 2020

By Email

Paul G. Thomas, Chairman of the Compensation Committee

Board of Directors of Abiomed, Inc.

C/O of: Marc Began, Secretary

22 Cherry Hill Drive 

Danvers, Ma 01923


Re:Temporary Salary Reduction

To the Board of Directors of Abiomed, Inc.:

In light of the disruption and uncertainty created by the evolving COVID-19 pandemic and its impact on the operations of Abiomed, Inc. (the “Company”), I hereby volunteer to forgo 50% of my annual cash salary payable between April 30, 2020 and June 30, 2020, after payment of my Company-sponsored health and welfare benefits.

 

 

Sincerely,

 

 

__________________________

Name: 

Title:
Fourth Court of Appeals

San Antonio, Texas

October 22, 2019

No. 04-19-00665-CR

John Stewart MUELLER,

Appellant

v.

The STATE of Texas,

Appellee

From the 198th Judicial District Court, Bandera County, Texas

Trial Court No. 19-009

Honorable M. Rex Emerson, Judge Presiding

O R D E R

Appellant filed a pro se notice of appeal on September 30, 2019, to appeal the trial 

court’s denial of his motion to suppress. Thereafter, the trial court clerk filed the clerk’s record. 

The clerk’s record does not contain a final judgment of conviction. “With certain exceptions . . ., 

this court has jurisdiction to consider an appeal filed by a criminal defendant only after a final 

judgment of conviction.” Zamarripa v. State, No. 04-16-00274-CR, 2016 WL 3085932, at *1 

(Tex. App.—San Antonio June 1, 2016, no pet.) (mem. op., not designated for publication) 

(citing TEX. CODE CRIM. PROC. art. 44.02); accord McKown v. State, 915 S.W.2d 160, 161 (Tex. 

App.—Fort Worth 1996, no pet.) (“Generally, we only have jurisdiction to consider an appeal by 

a criminal defendant where there has been a judgment of conviction.”). It is therefore 

ORDERED that appellant show cause in writing within fifteen days from the date of this order 

why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines 

are SUSPENDED pending further order of this court.

_________________________________

Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 22nd day of October, 2019.

___________________________________

LUZ ESTRADA,

Chief Deputy Clerk
# Patent

## Title
Expansion joint and seal for sewer pipe

## Abstract

Reasonable variations and modifications which will be apparent to those skilled in the art can be made in this invention without departing from the spirit and scope thereof.

## Background
## Claims

1. A thermoplastic article comprising material, and material communicating with the interior of said body section, wherein said body section has been rotationally molded from crosslinkable thermoplastic material in contact with and around said one end of said pieces of pipe of non-crosslinked thermoplastic material.

2. An article in accordance with claim 1 wherein both the hollow body section and said pieces of pipe consist essentially of a polymer of ethylene.

3. An article in accordance with claim 1 wherein at least the hollow body section consists essentially of high density polyethylene having a density of about 0.95 to 0.965 g/cc and a melt index measured in accordance with ASTM D-1238-65T Condition E of about 10 to about 30 g/10 min.
# C_2006234EN.01000901.xml

| 29.9.2006 | EN | Official Journal of the European Union | C 234/9 |
| --- | --- | --- | --- |

29.9.2006

EN

Official Journal of the European Union

C 234/9

---

Communication from the Commission on the estimated availability of financial resources for granting of restructuring aid for the 2006/2007 marketing year, in the framework of the implementation of Council Regulation (EC) No 320/2006 establishing a temporary restructuring scheme for the sugar industry in the Community

(2006/C 234/04)

In accordance with Article 10(2) of Commission Regulation (EC) No 968/2006 of 27 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community (1), the Commission informs the Member States that the estimated financial resources available in the temporary restructuring fund are sufficient to grant restructuring aid for all the applications submitted in respect of the 2006/2007 marketing year and found eligible by them.

1

---

(1)  OJ L 176, 30.6.2006, p. 32.

1

---
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
FINANCIAL STATEMENTS OF RENTAL SERVICE CORPORATION AS OF AND FOR THE YEAR ENDED
DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       8,932,000
<SECURITIES>                                         0
<RECEIVABLES>                               64,953,000
<ALLOWANCES>                                 2,925,000
<INVENTORY>                                 31,714,000
<CURRENT-ASSETS>                                     0
<PP&E>                                     414,678,000
<DEPRECIATION>                              64,183,000
<TOTAL-ASSETS>                             699,326,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                    306,975,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       198,000
<OTHER-SE>                                 290,583,000
<TOTAL-LIABILITY-AND-EQUITY>               699,326,000
<SALES>                                     90,559,000
<TOTAL-REVENUES>                           261,263,000
<CGS>                                       67,666,000
<TOTAL-COSTS>                              192,631,000
<OTHER-EXPENSES>                            27,680,000
<LOSS-PROVISION>                             2,596,000
<INTEREST-EXPENSE>                          14,877,000
<INCOME-PRETAX>                             23,479,000
<INCOME-TAX>                                10,330,000
<INCOME-CONTINUING>                         13,149,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                534,000
<CHANGES>                                            0
<NET-INCOME>                                12,615,000
<EPS-PRIMARY>                                      .92
<EPS-DILUTED>                                      .91
        

</TABLE>
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50138 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SALOMON GARCIA-TORRES, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. DR-96-CR-175

- - - - - - - - - - October 23, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * Salomon Garcia-Torres appeals his guilty-plea conviction and sentence for reentry after deportation in violation of 8 U.S.C. § 1326. He argues that he was charged with and pleaded guilty to simple reentry under § 1326(a) and that he could not be sentenced under § 1326(b)(1) because the indictment did not allege that he had a prior felony conviction. His argument is foreclosed by this court’s opinion in United States v. Vasquez-Olvera , 999 F.2d 943, 946-47 (5th Cir. 1993).No. 97-50138 -2-

Garcia-Torres’ motion for a stay of his appeal pending the Supreme Court’s decision in United States v. Almendarez-Torres , 113 F.3d 515 (5th Cir. 1996), cert. granted , 117 S. Ct. 1333 (1997), is DENIED.
AFFIRMED.