alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted March 24, 2010

Decided March 26, 2010

Before

FRANK H. EASTERBROOK, Chief Judge

ANN CLAIRE WILLIAMS, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

No. 09

‐ 3724

UNITED STATES OF AMERICA,

Plaintiff

‐ Appellee

,

v.

REGINALD J. BALLARD,

Defendant

‐ Appellant. Appeal from the United States District

Court for the Western District of Wisconsin.

No. 09

‐ CR

‐ 66

‐ C

‐ 01

Barbara B. Crabb,

Chief Judge

.

O R D E R

Reginald J. Ballard pleaded guilty to a two

‐ count indictment for bank robbery

(“Count I”), 18 U.S.C. § 2113(a), (d), and knowing and intentional brandishment of a firearm

during a crime of violence (“Count II”), 18 U.S.C. § 924(c), and the district court sentenced

him to 130 months’ imprisonment. Ballard appeals, but his appointed lawyer moves to

withdraw because she believes that his appeal is frivolous. See Anders v. California

, 386 U.S.

738 (1967). Ballard has not responded to counsel’s motion, see C IR

. R. 51(b), and so we limit NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1No. 09

‐ 3724 Page 2

our review to the potential arguments identified in counsel’s facially adequate brief, see

United States v. Cano

‐ Rodriguez

, 552 F.3d 637, 638 (7th Cir. 2009).

Ballard has not indicated that he wishes to challenge his plea, and so counsel

properly refrains from considering the adequacy of Ballard’s plea colloquy or the

voluntariness of his plea. See United States v. Knox

, 287 F.3d 667, 670–72 (7th Cir. 2002).

Counsel considers only one potential argument—whether Ballard could challenge

his sentence. We agree with counsel that any such challenge would be frivolous. At

sentencing, the district court properly calculated the advisory guidelines range of 57 to 71

months for Count I (based on a total offense level of 19 and a criminal history category of V)

and a seven

‐ year mandatory minimum for Count II. Based on the government’s request for

a sentence reduction for Ballard’s substantial assistance, see 18 U.S.C. § 3553(e), the district

court imposed a below

‐ guidelines sentence of 46 months for Count I and a consecutive

seven

‐ year sentence for Count II. The below

‐ guidelines sentence the court

chose is presumptively reasonable, see United States v. Liddell

, 543 F.3d 877, 885 (7th Cir.

2008), and counsel suggests nothing to rebut that presumption. Moreover, the district court

adequately examined the factors under 18 U.S.C. § 3553(a), considering, among other things,

Ballard’s struggles with heroin addiction, his history of petty crimes, the seriousness of his

crime that put “many, many people in distress,” and the need to protect the community

from further crimes by Ballard.

Accordingly, we GRANT counsel’s motion to withdraw and DISMISS the appeal.
#### The People of the State of New York, Respondent, v Anthony J. Ravarini, Appellant.

[946 NYS2d 920]

Appeal from a *1701judgment of the Niagara County Court (Mark A. Violante, A.J.), rendered April 6, 2011. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal *(see generally People v Lopez,*6 NY3d 248, 256 [2006]), we conclude that the valid waiver of the right to appeal does not encompass the challenge to the severity of the sentence because County Court failed to advise defendant of the potential periods of incarceration or the potential maximum term of incarceration *(see People v Newman,*21 AD3d 1343 [2005]; *People v McLean,*302 AD2d 934 [2003]; *cf. People v Lococo,*92 NY2d 825, 827 [1998]; *People v Hidalgo,*91 NY2d 733, 737 [1998]), and there was no specific sentence promise at the time of the waiver *(cf. People v Semple,*23 AD3d 1058, 1059 [2005], *lv denied*6 NY3d 852 [2006]). Nevertheless, on the merits, we conclude that the sentence is not unduly harsh or severe. Present — Scudder, P.J., Smith, Centra, Sconiers and Martoche, JJ.
#### All data considered provisional and subject to revision.

      Bank Storage                    
csv

      Storage                    
csv

      Evaporation                    
csv

      Inflow                    
csv

      Inflow Volume                    
csv

      Unregulated Inflow                    
csv

      Unregulated Inflow Volume                    
csv

      Power Release                    
csv

      Total Release                    
csv

      Release Volume                    
csv

      Pool Elevation                    
csv

      Power Release Volume                    
csv

      Spillway Release                    
csv

      Bypass Release                    
csv

      Delta Storage                    
csv

      Area                    
csv

#### All data considered provisional and subject to revision.

      Bank Storage                    
json

      Storage                    
json

      Evaporation                    
json

      Inflow                    
json

      Inflow Volume                    
json

      Unregulated Inflow                    
json

      Unregulated Inflow Volume                    
json

      Power Release                    
json

      Total Release                    
json

      Release Volume                    
json

      Pool Elevation                    
json

      Power Release Volume                    
json

      Spillway Release                    
json

      Bypass Release                    
json

      Delta Storage                    
json

      Area                    
json
Exhibit 23.1



CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We have issued our report dated December 13, 2004, accompanying the consolidated financial statements in the Annual Report
of Sunterra Corporation on Form 10-K for the nine months ended September 30, 2004. We hereby consent to the incorporation by reference of said report in the Registration Statements of Sunterra Corporation on Forms S-3 (File No. 333-116486, effective
June 15, 2004 and File No. 333-111758, effective January 7, 2004), on Form S-3A (File No. 333-111758, effective January 26, 2004) and on Form S-8 (File No. 333-106122, effective June 13, 2003).



|                      
|----------------------
|/s/ GRANT THORNTON LLP



Los Angeles, California

December 13, 2004
Predictmedix Inc.: Exhibit 4.6 - Filed by newsfilecorp.com


    

    

    

    

    

    

    

    

    

    ADDENDUM TO THE CONSULTING AGREEMENT



    THIS ADDENDUM IS MADE TO THE CONSULTING AGREEMENT (the "Agreement") effective as of July 1, 2020, (the "Effective Date"), by and between Predictmedix Inc., a Company incorporated in Canada (the "Company"), with registered address at Suite 3000, Kings Street West, TD Centre, North Tower, PO Box 95, Toronto Canada and Greenacres Medical Corp., a corporation with an address at 464 Old Orchard Grove, Toronto, M5M 2G4 Canada represented by Sheldon Kales. (the "Executive").

    Both parties mutually agree to amend clause 4(a) of the said agreement effective September 1, 2020: 

    The new Clause 4(a) effective September 1, 2020 reads as follows:

    4. Compensation.

    (a) Remuneration. During the Services Term, Executive will receive a monthly fee (the "Services Fee") of CAD$8,500. In addition, the executive will be reimbursed $1,500 per month for use of personal vehicle for Company business and $2,000 per month being rent for use of executive premises for Company meetings with investors, keeping records etc. The Company will make one cheque payment for $12,000 per month either in name of Greenacres Medical Corp. or in name of Sheldon Kales for the services.

    All other terms and conditions of the said agreement are unchanged and binding on both parties

    IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 4th day of October 2020. 

    	 	Predictmedix Inc.
	 	 	 
	 	By:	/s/  Rakesh Malhotra
	 	 	 
	 	
                Name:

            	Rakesh Malhotra
	 	Title:	CFO


     

    	 	Executive (Greenacres Medical Corp.)
	 	 	 
	 	By:	/s/ Sheldon Kales
	 	 	 
	 	Name:	Sheldon Kales
	 	Title:	CEO
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

July 30, 2007 Clifford W. Taylor,

 Chief Justice 

133841 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 133841 

 COA: 275786 

Macomb CC: 2005-004843-FC 

ROUMMEL JEROME INGRAM,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the February 23, 2007 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p0723 

I, Corbin R. Davis, 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. 

July 30, 2007 

 Clerk
#### The People of the State of New York ex rel. Kermit Burns, Appellant, v Chris Mellas, as Superintendent of Watertown Correctional Facility, et al., Respondents.

Submitted December 6, 2006;

decided February 15, 2007

Motion for leave to appeal dismissed upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus *(see People ex rel. Wilder v Markley,*26 NY2d 648 [1970]).

Judge Jones taking no part.
Listen

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VIEW ALL
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS OF EAGLE USA AIRFREIGHT INC. FOR THE
PERIOD ENDED DECEMBER 31, 1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FORM 10-Q REPORT.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          21,571
<SECURITIES>                                     7,362
<RECEIVABLES>                                   39,195
<ALLOWANCES>                                       882
<INVENTORY>                                          0
<CURRENT-ASSETS>                                68,776
<PP&E>                                          12,961
<DEPRECIATION>                                   3,003
<TOTAL-ASSETS>                                  79,369
<CURRENT-LIABILITIES>                           23,518
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            18
<OTHER-SE>                                      55,833
<TOTAL-LIABILITY-AND-EQUITY>                    79,369
<SALES>                                         67,586
<TOTAL-REVENUES>                                67,586
<CGS>                                           38,071
<TOTAL-COSTS>                                   38,071
<OTHER-EXPENSES>                                22,317
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  7,471
<INCOME-TAX>                                     2,957
<INCOME-CONTINUING>                              4,514
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,514
<EPS-PRIMARY>                                     0.24
<EPS-DILUTED>                                     0.24
        

</TABLE>
# C_2021032EN.01001201.xml

| 29.1.2021 | EN | Official Journal of the European Union | C 32/12 |
| --- | --- | --- | --- |

29.1.2021

EN

Official Journal of the European Union

C 32/12

---

Notice concerning the anti-dumping and countervailing measures in force in respect of imports of electric bicycles originating in the People’s Republic of China: name change of one company subject to the anti-dumping duty rate for non-sampled cooperating companies and to the definitive countervailing duty rate for non-cooperating companies

(2021/C 32/09)

Imports of cycles, with pedal assistance, with an auxiliary electric motor (‘electric bicycles’) originating in the People’s Republic of China are subject to a definitive anti-dumping duty, imposed by Commission Implementing Regulation (EU) 2019/73 (1) (‘Regulation (EU) 2019/73’) and a definitive countervailing duty, imposed by Commission Implementing Regulation (EU) 2019/72 (2) (‘Regulation (EU) 2019/72’).

Wuxi Merry Ebike Co., Ltd. (TARIC (3) additional code C456) is a company located in the People’s Republic of China whose exports to the Union of electric bicycles are subject to the anti-dumping duty rate for non-sampled cooperating companies of 16,2 % and to the anti-subsidy rate for non-cooperating companies of 17,2 %. On 29 October 2020, Wuxi Merry Ebike Co., Ltd. informed the Commission that as of 18 September 2020 it had changed its name as set out below.

The company asked the Commission to confirm that the change of name does not affect the right of the company to benefit from the individual anti-dumping duty applied to the company under its previous name.

The Commission examined the information supplied and concluded that the change of name in no way affects the findings of Regulation (EU) 2019/73 and of Regulation (EU) 2019/72.

Therefore, the references in Annex II of Regulation (EU) 2019/73 and in Annex II of Regulation (EU) 2019/72 to:

| Wuxi Merry Ebike Co., Ltd. | Jiangsu | C456 |
| --- | --- | --- |

Wuxi Merry Ebike Co., Ltd.

Jiangsu

C456

should be read as:

| Changzhou Merry Ebike Co., Ltd. | Jiangsu | C456 |
| --- | --- | --- |

Changzhou Merry Ebike Co., Ltd.

Jiangsu

C456

The TARIC additional code C456 previously attributed to Wuxi Merry Ebike Co., Ltd. shall apply to Changzhou Merry Ebike Co., Ltd.

---

(1)  OJ L 16, 18.1.2019, p. 108.

(2)  OJ L 16, 18.1.2019, p. 5.

(3)  The Integrated Tariff of the European Union.

---
Exhibit 10.18.3


 


 


 


April 28, 2021


 


Thomas Garite, MD


653 Round Tree Drive


Grand Junction, CO 81506


 


Re:  3rd Amendment to Offer of Employment for Thomas Garite,
MD dated June 17, 2020


 


Dear Tom:


 


This letter is the 3rd amendment (the
 “3rd Amendment”) to the aforementioned Offer of Employment from Sera Prognostics, Inc. dated June 17, 2020 (the
 “Offer of Employment”), as amended on July 1, 2020 (the 1st Amendment) for the purpose of a change in salary and
on July 30, 2021 (the 2nd Amendment) for the purpose of a change in the initial number of options.


 


	Effective date:	January 1, 2021




 


	Annual Salary:	$267,000, based on an assumption of an average monthly effort of 112 hours or .65 FIE, paid semi-monthly on the 15th
 & last day of each month.




 


	Annual Incentive:	Under the annual incentive plan (“AIP”) you will be eligible to earn a 35% annual target cash incentive, measured
on a calendar year basis.




 


All other terms, conditions, and provisions of
the Offer of Employment as amended by the 1st and 2nd Amendments remain unchanged by this 3rd amendment
and are in full force and effect.


 


	 	Sincerely,




 


	 	Sera Prognostics, Inc.




 


	 	By:	/s/ Gregory Critchfield




	 	 	Gregory Critchfield
	 	Its:	Chairman, President, and CEO




 


This Amendment is accepted and agreed to as of the ‘hate hereof:


 


	/s/ Thomas Garite, MD	 	Dated:
	Thomas Garite, MD
# C_2021390EN.01000101.xml

| 27.9.2021 | EN | Official Journal of the European Union | C 390/1 |
| --- | --- | --- | --- |

27.9.2021

EN

Official Journal of the European Union

C 390/1

---

Non-opposition to a notified concentration

(Case M.10417 — D’Ieteren/Wehold/TVH Parts)

(Text with EEA relevance)

(2021/C 390/01)

On 21 September 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 32021M10417. 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 32021M10417. EUR-Lex is the online access to European law.

---

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

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


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial  information extracted from the audited
financial statements of the Company for the year ended December 31, 1999, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                               9,866
<SECURITIES>                                             0
<RECEIVABLES>                                       78,503
<ALLOWANCES>                                         2,335
<INVENTORY>                                         55,456
<CURRENT-ASSETS>                                   147,876
<PP&E>                                              21,709
<DEPRECIATION>                                     (8,991)
<TOTAL-ASSETS>                                     223,990
<CURRENT-LIABILITIES>                               62,823
<BONDS>                                            187,728
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                        (27,783)
<TOTAL-LIABILITY-AND-EQUITY>                       223,990
<SALES>                                            318,766
<TOTAL-REVENUES>                                   318,766
<CGS>                                              176,269
<TOTAL-COSTS>                                      176,269
<OTHER-EXPENSES>                                   113,377
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  21,723
<INCOME-PRETAX>                                    (7,270)
<INCOME-TAX>                                         1,235
<INCOME-CONTINUING>                                (6,035)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (6,035)
<EPS-BASIC>                                              0
<EPS-DILUTED>                                            0



</TABLE>
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 Secure Computing Corporation (the Company) on Form 10-Q/A for
the period ending September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John E. McNulty, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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/ John E. McNulty                            
|John E. McNulty                                
|Chairman, President and Chief Executive Officer
|February 16, 2007
**Exhibit 23.1**

 

**Consent of Independent Accountants**

 

The Board of Directors 

    Dover Motorsports, Inc.: 

 

We consent to theincorporation by reference in the Registration Statement (No. 333-58779) on Form S-8 of Dover Motorsports, Inc. of our report dated January 28, 2004, except as to the second paragraph of Note 6 and the third paragraph of Note 7, which is as of March4, 2004, with respect to the consolidated balance sheet of Dover Motorsports, Inc. and subsidiaries as of December 31, 2003 and 2002, and the related consolidated statements of earnings and comprehensive earnings and cash flows for each of the yearsin the three-year period ended December 31, 2003, which report appears in the December 31, 2003 annual report on Form 10-K of Dover Motorsports, Inc. 

 

Our report refers to the adoption of Statement of Financial Accounting Standards No. 142, “Goodwill and Other Intangible Assets,” as of January 1, 2002.

 

KPMG LLP 

 

Philadelphia, Pennsylvania 

March 9, 2004