alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
respond to the complaint or appear for the formal hearing.' SCR 105(2). 

The issue for this court is whether the recommended discipline is 

sufficient. 2 

The purpose of attorney discipline is to protect the public, the 

courts, and the legal profession, not to punish the attorney. State Bar of 

Neu. u. Claiborne, 104 Nev. 115, 213, 756 P.2d 464, 527-28 (1988). In 

determining the appropriate discipline, this court has considered four 

factors to be weighed: "the duty violated, the lawyer's mental state, the 

potential or actual injury caused by the lawyer's misconduct, and the 

existence of aggravating or mitigating factors." In re Discipline of Lerner, 

124 Nev. 1232, 1246, 197 P.3d 1067, 1077 (2008). 

Having considered the record and the factors for imposing 

discipline, we approve the recommendation. We hereby suspend Gibson 

from the practice of law in Nevada• for a period of six months and one day 

commencing from the date of this order. 2Also, Gibson shall pay the costs 

'The panel found that the State Bar failed to establish by clear and 

convincing evidence that Gibson had violated RPC 5.3 (responsibilities 

regarding nonlawyer assistants) and RPC 5.5 (unauthorized practice of 

law) on the basis that the allegations in the complaint were not sufficient 

to establish those violations on a default basis. 

2Gibson has not filed an opening brief in this court. This matter 

therefore stands submitted for decision based on the record. SCR 

105(3)(b). 

3Based on the length of the suspension, Gibson will be required to 

comply with SCR 116 and petition for reinstatement. SCR 116(1), (2). 

SUPREME COURT 

OF 

NEVADA 

2 

(0) 1947A ceet(c) 
of the disciplinary proceeding (excluding bar counsel and staff salaries) 

within 30 days of receipt of the State Bar's bill of costs. See SCR 120. 

Gibson shall comply with SCR 115, and the State Bar shall comply with 

SCR 121.1. 

It is so ORDERED. 

/4.-144-1. bee...satt , C.J. 

Hardesty 

cc5 J. 

SUPREME COURT 

OF 

NEVADA 

Parraguirre 

CI--- >ugl 14=0 

Douglas 

, J. 

J. 

Cherry. 

Gibbons 

Pickering 

cc: Chair, Northern Nevada Disciplinary Board 

Allen D. Gibson 

Stan Hunterton, Bar Counsel, State Bar of Nevada 

Kimberly Farmer, Executive Director, State Bar of Nevada 

Perry Thompson, U.S. Supreme Court Admissions Office 

3 

(0) 1947A
#### UNITED STATES of America, Plaintiff-Appellee, v. Kisha Lyn Masga KING, Defendant-Appellant.

No. 09-10433.

United States Court of Appeals, Ninth Circuit.

Submitted May 25, 2010.*

Filed June 14, 2010.

James J. Benedetto, Assistant U.S. Attorney, USNMI-Office of the U.S. Attorney, Saipan, MP, for Plaintiff-Appellee.

Matthew F. Smith, Esquire, Law Office of F. Matthew Smith, LLC, Saipan, MP, for Defendant-Appellant.

*676Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Kisha Lyn Masga King appeals from the revocation of her supervised release and the 9-month term of imprisonment imposed upon revocation. Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), King’s counsel has filed a brief stating there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided the appellant with the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.

Our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 80-81, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable grounds for relief on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 32.1




CERTIFICATION




In connection with the periodic report of China Jo-Jo Drugstores, Inc. (the "Company") on Form 10-Q for the quarter ended September 30, 2010, as filed with the Securities and Exchange Commission (the "Report"), I, Lei Liu, Chief Executive Officer (Principal Executive Officer) of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:




(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.






Date: November 15, 2010
/s/ Lei LiuLei LiuChief Executive Officer(Principal Executive Officer)
Exhibit 13.1



CERTIFICATION



June 30, 2005



Securities and Exchange Commission

450 Fifth Street, N.W

Washington, D.C. 20549



Ladies and Gentlemen:



The certification set forth below is being submitted to the
Securities and Exchange Commission solely for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United
States Code. This certification is not to be deemed filed pursuant to the Exchange Act and does not constitute a part of the Annual Report on Form 20-F (the Report) accompanying this letter.



Carlos Felices, the Chief Executive Officer and Valerio Cavallo, the Chief
Financial Officer of Telecom Argentina S.A. (Telecom) each certifies that, to the best of his knowledge:



| | 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 Telecom.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Carlos FelicesName:

Carlos FelicesChief Executive Officer/s/ Valerio CavalloName:

Valerio CavalloChief Financial Officer




A signed original of this
written statement required by Section 906 has been provided to Telecom and will be retained by Telecom and furnished to the Securities and Exchange Commission or its staff upon request.
H. Res. 114 

In the House of Representatives, U. S., 

February 10, 2009. 

Whereas, since 1987, the National Girls and Women in 

Sports Coalition has declared February 4 as ‘‘National 

Girls and Women in Sports Day’’; 

Whereas the House of Representatives has recognized the importance of girls and women in sports through title IX, 

which governs the overall equity of treatment and opportunity in athletics so that women have equal opportunities to participate in athletics; 

Whereas the number of girls playing high school sports has 

increased from just under 300,000 during the 1971 to 

1972 school year to nearly 3,000,000 during the 2005 to 

2006 school year; 

Whereas the number of women playing college sports grew 

from fewer than 32,000 in 1972 to nearly 171,000 from 

2005 to 2006; 

Whereas, despite great advancement, high school girls still receive 1,300,000 fewer participation opportunities than do 

boys, and the money spent on girls’ sports is still far less 

than that spent on boys’ sports; 

Whereas high school girls who play sports are more likely to 

get better grades in school and are more likely to graduate than girls who do not play sports; 
2 

•HRES 114 EH 

Whereas as little as 4 hours of exercise a week may reduce 

a girl’s risk of breast cancer, osteoporosis, and obesity; 

Whereas girls and women who play sports have a more positive body image, higher levels of confidence and self-esteem, and experience higher states of psychological wellbeing than girls and women who do not play sports; 

Whereas the celebration of ‘‘National Girls and Women in 

Sports Day’’ would increase awareness of the importance 

sports play in the lives of girls and women in the United 

States; and 

Whereas February 4, 2009, has been designated as ‘‘National 

Girls and Women in Sports Day’’ by the National Girls 

and Women in Sports Coalition: Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) supports the goals and ideals of ‘‘National Girls 

and Women in Sports Day’’, an event sponsored by the 

National Girls and Women in Sports Coalition to honor 

the achievements of and encourage participation of girls 

and women in sports; and 

(2) encourages the continued participation of 

schools and communities in providing opportunities for 

girls and women in elementary, secondary, and college 

sports to promote awareness of the positive influence of 

sports participation in the lives and health of girls and 
3 

•HRES 114 EH 

women, and the continuing struggle for equality and access for women in sports. 

Attest: 

Clerk.
#### UNITED STATES of America, Plaintiff-Appellee, v. Pablo MADERA-GOMEZ, Defendant-Appellant.

No. 06-50255.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 8, 2008.*

Filed Sept. 11, 2008.

U.S. Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Pablo Madera-Gomez, Herlong, OR, pro se.

Elizabeth A. Missakian, Esq., San Diego, CA, for Defendant-Appellant.

Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Pablo Madera-Gomez appeals from the 120-month sentence imposed following his guilty-plea conviction for importing methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We dismiss the appeal.

The government contends that this appeal should be dismissed pursuant to the appeal waiver in Madera-Gomez’s plea agreement. Application of the appeal waiver is contingent on Madera-Gomez’s safety-valve eligibility. We conclude that the district court properly found Madera-Gomez ineligible for safety valve relief. *See*U.S.S.G. § 4A1.2(c)(l)(A); *see also United States v. Ajugwo,*82 F.3d 925, 929-30 (9th Cir.1996) (affirming because the appellant failed to show that she met each of the five safety valve criteria). Therefore, the appeal waiver applies.

Madera-Gomez contends that the appeal waiver is unenforceable because his guilty plea was not knowingly and voluntarily entered into due to ineffective assistance of counsel. Because the record is insufficiently developed, we decline to consider this claim on direct appeal. *See United States v. Jeronimo,*398 F.3d 1149, 1155-56 (9th Cir.2005).

*670Accordingly, we dismiss in light of the valid appeal waiver. *See United States v. Nguyen,*235 F.3d 1179, 1182 (9th Cir. 2000).

DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
# C_2011132EN.01011301.xml

| 3.5.2011 | EN | Official Journal of the European Union | C 132/113 |
| --- | --- | --- | --- |

3.5.2011

EN

Official Journal of the European Union

C 132/113

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty on the Functioning of the European Union, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent’ (recast)

COM(2011) 29 final — 2011/0011 (COD)

2011/C 132/22

On 15 February 2011, the Council and, on 14 February 2011, the European Parliament decided to consult the European Economic and Social Committee, under Article 114 of the Treaty on the Functioning of the European Union (TFEU), on the

Proposal for a Directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty on the Functioning of the European Union, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (Recast)

Proposal for a Directive of the European Parliament and of the Council on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty on the Functioning of the European Union, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (Recast)

COM(2011) 29 final — 2011/0011 COD.

Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 470th plenary session of 15/16 March 2011 (meeting of 15 March), by 180 votes to two with 21 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 15 March 2011.

The President of the European Economic and Social Committee

Staffan NILSSON

---
Exhibit EX-99.906CERT

**Certification 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)**

In connection with the attached Report of Fidelity Investment Trust  (the "Trust") onForm N-CSR to be filed with the Securities and Exchange Commission (the "Report"),each of the undersigned officers of the Trust does hereby certify that, to the best of suchofficer's knowledge:

1.	The Report fully complies with the requirements of 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 Trust as of, and for, theperiods presented in the Report.

Dated:	June 26, 2013

Dated:	June 26, 2013

A signed original of this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appears in typedform within the electronic version of this written statement required by Section 906, hasbeen provided to the Trust and will be retained by the Trust and furnished to the Securities and Exchange Commission or its staff upon request.
#### ADVANCED TECHNOLOGY & MATERIALS CO., LTD., Beijing Gang Yan Diamond Products Company, and Gang Yan Diamond Products, Inc., Plaintiffs-Appellants, and Bosun Tools Groups Co., Ltd., Plaintiff, v. UNITED STATES, Defendant, and Diamond Sawblades Manufacturers Coalition, Defendant-Appellee, and Weihai Xiangguang Mechanical Industrial Co., Ltd. and Qingdao Shinhan Diamond Industrial Co., Ltd., Defendants.

No. 2013-1305.

United States Court of Appeals, Federal Circuit.

Nov. 13, 2013.

*1003Jeffrey S. Neeley, Barnes, Richardson & Colburn, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Michael S. Holton, and Stephen W. Brophy.

Daniel B. Pickard, Wiley Rein LLP, of Washington, DC, argued for defendantsappellees. With him on the brief was Maureen E. Thorson. Of counsel was Tessa V. Capeloto.

LOURIE, BRYSON, and O’MALLEY, Circuit Judges.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is

Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
```

[Federal Register: July 27, 1999 (Volume 64, Number 143)]
[Notices]
[Page 40573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy99-46]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Meeting Notice

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11:00 a.m., Friday, August 6, 1999.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99-19278 Filed 7-23-99; 2:33 pm]
BILLING CODE 6351-01-M
```

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**======== RETURN TO INDEX    ========**

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#### Helen THOMPSON, Plaintiff-Appellant, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

No. 09-12634.

United States Court of Appeals, Eleventh Circuit.

June 21, 2010.

Charles P. Sehropp, Sehropp Law Firm, P.A., Tampa, FL, James J. Dowling, Law Offices of Berger & Dowling, Palm Harbor, FL, for Plaintiff-Appellant.

Maureen G. Pearcy, Hinshaw & Culbertson LLP, Miami, FL, James H. Wyman, Hinshaw & Culbertson LLP, Ft. Lauder-dale, FL, for Defendant-Appellee.

EDMONDSON and MARCUS, Circuit Judges, and BARBOUR,* District Judge.

*

 Honorable William Henry Barbour, Jr., United States District Judge for the Southern District of Mississippi, sitting by designation.

PER CURIAM:

Appellant-Plaintiff Helen Thompson’s husband died as a result of an injury sustained while on a business trip in Florida. He had been drinking and, while walking, *921fell in a parking lot, hitting his head. His life insurance policy through LINA contains an exclusion for accidents caused by or resulting from the insured’s “intoxication as determined according to the laws of the jurisdiction in which” the accident occurred. Florida law contains no general definition of legal intoxication. LINA denied benefits, claiming that the DUI statute establishes 0.08% as the “legal limit.” ERISA applies to this case. The district court granted Defendant LINA summary judgment.

After hearing oral argument and looking repeatedly at Florida’s laws, we regard the only debatable issue in this appeal to be whether the district court was to determine *de novo*about the administrator’s denial of benefits or to determine whether the denial was arbitrary or capricious. But we do not decide that issue. It is unnecessary.

If a *do novo*standard applies, we are unanimous in concluding that Plaintiffs husband was not intoxicated “as determined according to the laws of’ Florida. If the arbitrary and capricious standard applies, a majority of today’s court concludes that the administrator’s denial of coverage was arbitrary or capricious given Florida’s laws.

Accordingly, we reverse the judgment of the district court.

REVERSED.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-30820

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LATASHA NIKKOLE WILSON,

Defendant-Appellant.

* * * * *

consolidated with 

* * * * *

 

No. 02-30861

Conference Calendar

 

UNITED STATES OF AMERICA, 

 

 Plaintiff-Appellee, 

 v. 

TOIYA DANNIELLIE MURRAY, 

Defendant-Appellant.

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

Appeals from the United States District Court

for the Western District of Louisiana

USDC No. 01-CR-50113-1

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

February 20, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. 
No. 02-30820 c/w

No. 02-30861

-2-

* 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.

PER CURIAM:*

The Federal Public Defender appointed to represent Latasha

Nikkole Wilson in appeal no. 02-30820 has moved for leave to

withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967). Wilson has not filed a

response. Our independent review of the record and counsel’s

brief shows that there are no nonfrivolous issues for appeal. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and

appeal no. 02-30820 is DISMISSED. See 5TH CIR. R. 42.2.
#### UNITED STATES of America, Plaintiff-Appellee v. Megan WILLIAMS, Defendant-Appellant.

No. 09-11018

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 22, 2010.

Ann Cruce Roberts, Assistant U.S. Attorney, U.S. Attorney’s Office, Lubbock, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender’s Office, Dallas, TX, Helen Miller Liggett, Assistant Federal Public Defender, Federal Public Defender’s Office, Lubbock, TX, for Defendant-Appellant.

Megan Williams, FPC Bryan, Bryan, TX, pro se.

Before JOLLY, STEWART, and OWEN, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Megan Williams has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493*428(1967). Williams has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
**Exhibit 32.2**

**Certification of Principal Financial Officer**

Pursuant to 18U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Actof 2002, the undersigned officer of Valentis, Inc. (the “Company”) herebycertifies, to such officer’s knowledge, that:

(i)            the accompanyingAnnual Report on Form 10-K of the Company for the fiscal year ended June 30,2005 (the “Report”) fully complies with the requirements of Section 13(a) orSection 15(d), as applicable, of the Securities Exchange Act of 1934, asamended; and

(ii)        theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Date: September 26, 2005 | /s/ JOSEPH A.  MARKEY                          |
|------------------------------------|------------------------------------------------|
|                               | Joseph A. Markey                               |
|                               | *Vice President of Finance and Administration* |
|                               | *(Principal Financial and Accounting Officer)* |

 

----