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NOT FOR PUBLICATION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. 

ADAM MICHAEL HARRIS, 

Defendant-Appellant.

No. 17-10376 

D.C. No. 2:13-cr-00140-APG

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Andrew P. Gordon, District Judge, Presiding

Submitted May 15, 2018**

Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Adam Michael Harris appeals from the district court’s judgment and 

challenges the 13-month sentence imposed upon revocation of supervised release. 

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

Harris contends that the district court procedurally erred by failing to explain 

 

* This disposition is 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

MAY 17 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-10376

the sentence adequately. He also argues that the court's remarks concerning 

specific deterrence and the need to keep him away from drugs reflect that the court 

made clearly erroneous findings that the instant revocation involved drug use and 

new crimes. We review for plain error, see United States v. Valencia-Barragan, 

608 F.3d 1103, 1108 (9th Cir. 2010), and conclude that there is none. The district 

court adequately explained why the above-Guidelines sentence was warranted, 

citing Harris’s long record of resistance to supervision and breaches of the court’s 

trust, as documented in four prior hearings stemming from violations of his 

supervisory conditions. Furthermore, the record does not support Harris’s 

argument that the court misunderstood the nature of his supervised release 

violations. In light of Harris's history, the court reasonably observed that a prison 

term would have the salutary effect of keeping Harris away from alcohol and drugs 

for a period of time. In addition, it did not plainly err by invoking the need for 

deterrence. See 18 U.S.C. §§ 3553(a)(2)(B), 3583(e); United States v. Miqbel, 444 

F.3d 1173, 1181 & n.19 (9th Cir. 2006).

Harris also contends that his above-Guidelines sentence is substantively 

unreasonable. The district court did not abuse its discretion in imposing Harris’s

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

substantively reasonable in light of the 18 U.S.C. § 3583(e) factors and the totality 

of the circumstances, including Harris’s extensive record of violating his 
3 17-10376

conditions of supervised release. See Miqbel, 444 F.3d at 1182 (defendant’s 

breach of the court’s trust is an appropriate sentencing consideration at a 

revocation sentencing).

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM INTENSIVA
HEALTHCARE CORPORATION'S CONSOLIDATED FINANCIAL STATEMENTS FOR THE YEAR ENDED
DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                        DEC-31-1997
<PERIOD-START>                           JAN-01-1997
<PERIOD-END>                             DEC-31-1997
<CASH>                                       1433812
<SECURITIES>                                       0
<RECEIVABLES>                               31876315
<ALLOWANCES>                                 1736367
<INVENTORY>                                   781317
<CURRENT-ASSETS>                            34946873
<PP&E>                                       8392885
<DEPRECIATION>                               1509928
<TOTAL-ASSETS>                              43260449
<CURRENT-LIABILITIES>                       14918215
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                        9969
<OTHER-SE>                                  23782472
<TOTAL-LIABILITY-AND-EQUITY>                43260449
<SALES>                                            0
<TOTAL-REVENUES>                            69589496
<CGS>                                              0
<TOTAL-COSTS>                               59913263
<OTHER-EXPENSES>                             4605961
<LOSS-PROVISION>                             1951890
<INTEREST-EXPENSE>                            235171
<INCOME-PRETAX>                              1730913
<INCOME-TAX>                                   93557
<INCOME-CONTINUING>                          1637356
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                 1637356
<EPS-PRIMARY>                                   0.16
<EPS-DILUTED>                                   0.16



</TABLE>
Exhibit 32



SECTION 906 CERTIFICATION



The following statement is provided by the undersigned to accompany the foregoing Report on Form 10-QSB pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed pursuant to any provision of the Securities Exchange Act of 1934 or any other securities law.



Each of the undersigned certifies that the foregoing Report on Form 10-QSB fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. Section 78) and that the information contained in the Form 10-QSB fairly presents, in all material respects, the financial condition and results of operations of Broadway Financial Corporation as of
and for the three and nine months ended September 30, 2005.



|                        |  |  |  |     |  |                    |  |                                                                                    
|----------------------- |  |  |  | --- |  | ------------------ |  | -----------------------------------------------------------------------------------
|                        |  |  | 
|Date: November 14, 2005 |  |  |  | By: |  | /s/ Paul C. Hudson
|                        |  |  |  |     |  |                    |  | Paul C. Hudson President and Chief Executive Officer Broadway Financial Corporation
|                        |  |  | 
|Date: November 14, 2005 |  |  |  | By: |  | /s/ Sam Sarpong   
|                        |  |  |  |     |  |                    |  | Sam Sarpong Chief Financial Officer Broadway Financial Corporation
<PAGE>
                                                                   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 Asta Funding, Inc. (the
"Company") on Form 10-Q for the quarter ended December 31, 2003, filed with
the Securities and Exchange Commission (the "Report"), I, Gary Stern, Chief
Executive 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) of
          the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the consolidated financial condition of the
          Company as of the dates presented and the consolidated result of
          operations of the Company for the periods presented.

Dated: February 10, 2004

                                          /s/ Gary Stern
                                          -----------------------
                                          Gary Stern
                                          Chief Executive Officer

The foregoing certification is being furnished solely pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350,
Chapter 63 of Title 18, United States Code) and is not being filed as part of
the Form 10-Q or as a separate disclosure document.

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


                                       21
<PAGE>
 
Exhibit 11.1


               Wilsons The Leather Experts Inc. and Subsidiaries
                  Computation of Net Income Per Common Share
                   (In Thousands, Except Per Share Amounts)

<TABLE> 
<CAPTION> 

                                                   For the             For the             Period From
                                                     Year               Year                Inception
                                                    Ended               Ended            (May 26, 1996) to
                                                January 30, 1999   January 31, 1998      February 1, 1997
                                                ----------------   --------------------  --------------------
<S>                                             <C>                <C>                   <C>  
Basic:

  Net income                                      $   18,177        $      10,838         $     23,906
                                                  ==========       ===============       ==============
                                                          
  Weighted average common shares outstanding          10,357                8,910                7,650
                                                  ==========       ===============       ==============
                                                          
  Basic net income per common share               $     1.75        $        1.22         $       3.12
                                                  ==========       ===============       ==============
                                                          
Diluted:                                                  
                                                          
  Net income                                      $   18,177        $      10,838         $     23,906
                                                  ==========       ===============       ==============
  Weighted average common shares outstanding          10,357                8,910                7,650
                                                          
Effect of:                                                
  Options granted                                        372                  218                   78
  Warrant                                                192                1,270                1,242
                                                 -----------       ---------------       --------------
                                                          
  Weighted average common shares outstanding - 
    assuming dilution                                 10,920               10,398                8,970
                                                 ===========       ===============       ==============
                                                          
  Diluted net income per common share            $      1.66       $        1.04         $       2.67
                                                 ===========      ===============       ==============
</TABLE>
CONSENT OF INDEPENDENT ACCOUNTANTS


We  hereby  consent  to  the  incorporation  by  reference  in  the Registration
Statements  on  Form  S-8 (No. 333-12945 and 333-47253) of RockShox, Inc. of our
report  dated  April 27, 1999, except as to "Management's Plans" in Note 1 which
is  as  of  July 17, 2001 relating to the financial statements, which appears in
this  Annual  Report  on  Form  10-K.  We  also  consent to the incorporation by
reference of our report dated April 27, 1999 relating to the financial statement
schedule,  which  appears  in  this  Form  10-K.


/s/PricewaterhouseCoopers  LLP


San  Jose,  California
July  19,  2001



<PAGE>
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 30, 2018

a1022 

# Order

Clerk October 30, 2018

157066

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 157066

COA: 339223

Oakland CC: 2012

- 241693

- FC

TREANDIS MARQUA JAMISON,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 21, 2017

order of the Court of Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
NUMBER 13-23-00004-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

 

IN THE INTEREST OF C.Y.S. AKA C.Y.

 

On appeal from the County Court at Law No. 5

of Nueces County, Texas.

 

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Silva

Memorandum Opinion by Chief Justice Contreras

Appellant, mother, filed a notice of appeal from the trial court’s December 19, 2022

final order in this suit affecting the parent-child relationship. On January 24, 2023, 

appellant filed an unopposed amended motion to dismiss the appeal, stating that she no 

longer desires to pursue an appeal. Appellant’s motion certifies that she conferred with

appellee, the Texas Department of Family and Protective Services, who is unopposed to 

the relief requested in appellant’s motion. See TEX. R. APP. P. 10.3(a)(2).

The Court, having considered appellant’s motion, is of the opinion that the motion 
2

should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, appellant’s unopposed 

amended motion to dismiss is granted, and the appeal is hereby dismissed. See TEX. R.

APP. P. 43.2. Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) (“Absent 

agreement of the parties, the court will tax costs against the appellant.”). Because the 

appeal is dismissed at appellant’s request, no motion for rehearing will be entertained.

DORI CONTRERAS 

Chief Justice

Delivered and filed on the

2nd day of February, 2023.
<PAGE>

                                  EXHIBIT 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                      PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
<PAGE>

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

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

     Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, the undersigned certifies that (1) this Annual
Report of CNL Hospitality Properties, Inc. (the "Company") on 10-K/A for the
year ended December 31, 2003, as filed with the Securities and Exchange
Commission on the date hereof (this "Report"), 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 this Report fairly presents, in
all material respects, the financial condition of the Company as of December 31,
2003 and December 31, 2002 and its results of operations for the three year
period ended December 31, 2003.

                                          /s/ C. BRIAN STRICKLAND
                                          --------------------------------------
                                          Name: C. Brian Strickland
                                          Title:   Executive Vice President and
                                                   Corporate Secretary
                                                   (Principal Financial Officer)

Date: April 29, 2004
#### Anne Remmely et al., Respondents, v Town of Irondequoit et al., Respondents; Albert L. Manley et al., as Trustees of Irondequoit Plaza Trust, Appellants, et al., Defendants.

—Order unanimously affirmed, with costs. Memorandum: In this personal injury action arising from a vehicular collision in the Irondequoit Plaza, Special Term properly granted the motion of defendant Town of Irondequoit for summary judgment dismissing the second affirmative defense asserted in the amended answer and cross claim of defendant plaza owners. The affirmative defense alleged that the town had, by local ordinance, assumed responsibility for prescribing traffic signals and signs at the plaza.

In accordance with the written request of the plaza owners, the Town Board of the Town of Irondequoit, pursuant to the authority granted under Vehicle and Traffic Law §§ 1603 and 1660-a (Volker Act), adopted an ordinance which gave the town police authority to regulate and control traffic at the plaza. It is clear from the record, however, that the plaza owners’ request was limited to the creation and enforcement of a no-parking zone along the store fronts. In their written request, the plaza owners specified that "The above owners do not consent to or request any other control or regulation by the Town of Irondequoit at this time.” The ordinance is thus limited to comply with that request and should not be read to empower the town to regulate other aspects of traffic responsibilities listed in the Volker Act. (Appeal from order of Su*985preme Court, Monroe County, Boehm, J. — summary judgment.) Present — Dillon, P. J., Callahan, Doerr, Denman and Schnepp, JJ.
Exhibit 10.6


 


STOCK
TRANSFER AGREEMENT


 


This
Stock Transfer Agreement (this “Agreement”) is entered into as of _______ ___, 2021 by and between 8i Holdings 2 Pte Ltd
(the “Transferor”) and _______ (the “Transferee”).


 


RECITALS


 


WHEREAS,
the Transferor desires to transfer 5,000 ordinary shares (the “Shares”) of 8i Acquisition 2 Corp., a British Virgin Islands
business company (the “Company”) to the Transferee.


 


NOW,
THEREFORE, the parties hereto, for good and valuable consideration which each party acknowledges the receipt of, hereby agree as follows:


 


1.
Transfer of the Shares.


 


For
nominal consideration, the Transferor hereby transfers to the Transferee the Shares.


 


2.
Representations and Warranties of the Transferor.


 


The
Transferor represents and warrants that it has full legal capacity and authority to enter into the Agreement and to transfer the Shares
to the Transferee hereunder, and is not bound by any agreement, instrument or governmental order prohibiting such transfer. The Transferor
also represents that it is transferring such interests free and clear of all liens and encumbrances other than those created by the terms
of the Company’s organizational documents or imposed by applicable federal and state securities laws.


 


3.
Binding Effect.


 


This
Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors
and assigns.


 


4.
Entire Agreement.


 


This
Agreement constitutes the entire agreement of the parties hereto.


 


5.
Governing Law.


 


This
Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws principles.


 


6.
Modification.


 


This
Agreement may not be amended or supplemented at any time unless by a writing executed by the parties hereto.


 


7.
Headings.


 


The
headings in this Agreement are solely for convenience or reference and shall not affect its interpretation.


 


8.
Counterparts; Facsimile.


 


This
Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of
which taken together shall constitute one and the same instrument. This Agreement or any counterpart may be executed via facsimile or
other electronic transmission, and any such executed facsimile or electronic copy shall be treated as an original.


 


[The
balance of this page is intentionally left page.]


 




    	 



     


    

 


IN
WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above.


 


	 	Transferor: 
	 	 	 
	 	 	8i
    Holdings 2 Pte Ltd
	 	 	 
	 	 	By:
    	 
	 	 	Name:
    	      
	 	 	Title:	 





 


	 	Transferee:
	 	 	 	 
	 	 	 	      
	 		Name:	


 




    	2
# C_2021226EN.01000101.xml

| 14.6.2021 | EN | Official Journal of the European Union | C 226/1 |
| --- | --- | --- | --- |

14.6.2021

EN

Official Journal of the European Union

C 226/1

---

Non-opposition to a notified concentration

(Case M.10226 — Prosegur/Euronet/JV)

(Text with EEA relevance)

(2021/C 226/01)

On 2 June 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). 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:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10226. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10226. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
**Exhibit 32.2**

**CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906**

**OF SARBANES-OXLEY ACT OF 2002**

 

I, the undersigned Jack (J.D.) Draper, President and Chief Executive Officer of FIRSTPLUS Financial Group, Inc. (the “Company”), do hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that: 

 

1.             The Quarterly Report on Form 10-QSB of the Company for the quarter ended March 31, 2006 (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.

 

 

| Dated: May 22, 2006 | /s/ Jack (J.D.) Draper |
|---------------------|------------------------|

Jack (J.D.) Draper

President and Chief Executive Officer

Principal Accounting Officer