alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1998 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

9-23-1998

United States v. Electrodyne Sys Corp

Precedential or Non-Precedential:

Docket 97-5366

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1998

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1998 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"United States v. Electrodyne Sys Corp" (1998). 1998 Decisions. Paper 233.

http://digitalcommons.law.villanova.edu/thirdcircuit_1998/233
 UNITED STATES COURT OF APPEALS 

 FOR THE THIRD CIRCUIT 

 No. 97-5366 

 USA v. Electrodyne Systems Corp. 

 The following modifications have been made to the Court's 

opinion issued on June 10, 1998 in the above-entitled appeal and 

will appear as part of the final version of the opinion: 

 

 Page 252 (147 F.3d 250) Making a False Statement During Plea 

"Allocation" should be "Allocution" 

 /s/ P. Douglas Sisk, 

 Clerk 

September 23, 1998
Ex. 10.14

                              UBS Loan Finance LLC
                            677 Washington Boulevard
                          Stamford, Connecticut 06901


December 22, 2003

Citigroup Global Markets Inc.
390 Greenwich Street, First Floor
New York, New York 10013

Attention: John Dankel
Fax:       212-723-8539

Re: $125,000,000 Senior Secured Revolving Credit Facility for Affordable
Residential Communities LP

Ladies and Gentlemen:

We refer to the attached copy of the Summary of Terms and Conditions (the
"Summary") relating to the $125,000,000 senior secured revolving credit facility
(the "Facility") for Affordable Residential Communities LP (the "Company").
Subject to the terms and conditions contained in the Summary, and to the
additional conditions set forth below, we are pleased to commit $15,000,000 to
the Facility. Capitalized terms used herein but not defined herein have the
meanings given to such terms in the Summary.

Our commitment is subject to (i) the negotiation, execution and delivery of
definitive documentation relating to the Facility satisfactory to us, (ii) the
size of the Facility being no less than $125,000,000, and (iii) a fee in the
amount of 75 basis points on the amount of our final allocation of the Facility
payable to us concurrently with or prior to the execution of the credit
agreement relating to the Facility (the "Closing").

Our commitment may be terminated by us if the Closing does not occur on or prior
to January 30, 2004. In addition, our commitment may be terminated by us if,
prior to the Closing, (i) any change shall occur or any additional information
is disclosed to or discovered by us which in our judgment could reasonably be
expected to have a material adverse effect on the condition (financial or
otherwise), business, operations, assets, liabilities or prospects of the
Company or (ii) any information furnished to us by or on behalf of the Company
in connection with the Facility is determined by us to be inaccurate,
incomplete or misleading in any material respect.

This letter may not be amended or any provision hereof waived or modified
except by an instrument in writing signed by us. This letter may be executed in
any number of counterparts, each of which shall be an original and all of which,
when taken together, shall constitute one agreement. Delivery of an executed
counterpart of a signature page of this letter by facsimile transmission shall
be effective as delivery of a manually executed counterpart hereof. THIS LETTER
SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
NEW YORK WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW PRINCIPLES THEREOF.

Yours sincerely,

UBS LOAN FINANCE LLC

By: /s/ Warren Jervez
    ---------------------
    Name: Warren Jervez
    Title: Director

By: /s/ John C. Crockett
    ---------------------
    Name: John C. Crockett
    Title: Director
`DTCC Repo-US Treasury <30 YR - NYSE LIFFE - NYPC                     Code-045L2T
OPTION AND FUTURES COMBINED POSITIONS AS OF 03/05/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF $5,000,000)                            OPEN INTEREST:       51,036
COMMITMENTS
   1,538    9,149    1,645   46,476   38,624   49,659   49,418    1,377    1,618

CHANGES FROM 02/26/13 (CHANGE IN OPEN INTEREST:     -1,357)
  -1,153    1,426   -2,439    2,025     -943   -1,567   -1,956      210      599

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
     3.0     17.9      3.2     91.1     75.7     97.3     96.8      2.7      3.2

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       44)
       4        8        9       24       23       33       36`

---

Updated March 8, 2013
ADDENDUM
TO EMPLOYMENT AGREEMENT DATED


October
18, 2018


BY
AND BETWEEN


NEW
WORLD TECHNOLOGIES, INC.


(the
“Company”)


and


RICHARD
GONSALVES


(the
“Employee”)


 


This
Addendum (“Addendum”), made and entered into this 4th day of March, 2019 (the “Effective Date”), shall
modify and, to the extent inconsistent with, amend that Employment Agreement between NEW WORLD TECHNOLOGIES, INC. (the “Company”)
and RICHARD GONSALVES (the “Employee”) (the “Agreement”). Except as expressly set forth in the Addendum,
all capitalized terms shall have the meanings assigned to them in the Preprinted Employment Agreement. The Preprinted Employment
Agreement, as modified and amended by this Addendum and all riders and exhibits attached hereto, shall be referred to as the “Agreement”.


 


For
further clarity and confirmation of Agreement terms, the Company and Employee agree that the Base Salary as provided for in the
Agreement was intended to be, fully and mutually executed upon and shall remain thirty thousand (30,000) one (1) year restricted
shares of the Company’s common stock. As such, in order to better clarify and define terms of the Agreement, the Company
and Employee agree to the following updates and/or changes to the Agreement:


 


Section
4. Cash Compensation. shall be replaced, in its entirety, to the following language:


 


Section
4. Compensation.


 


Section
4(a) Base Salary shall be replaced, in its entirety, to the following language:


 


(a)
Base Salary. In consideration of the services to be rendered by the Employee to the Company and in consideration of the
Employee's other covenants hereunder, the Company will compensate the Employee with thirty thousand (30,000) one (1) year restricted
shares of the Company’s common stock, commencing on the term defined in Section 2 above, issuable within 90 days of signing
of this Agreement.


 


All
other provisions and conditions of the original Employment Agreement remain the same except as adjusted herein.


 


In
witness thereof, the parties have executed this employment agreement addendum on the day and year first above written.


 


	By:
    		By:
    	
	 	Officer
    / Director	 	Richard
    Gonsalves
William E. VUKICH, Petitioner, v. UNIFIED JUDICIAL SYSTEM OF PENNSYLVANIA.

No. 19-7615.

Supreme Court of the United States.

April 20, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
Mark Steven Elk SHOULDER, Petitioner, v. UNITED STATES.

No. 19-8079.

Supreme Court of the United States.

April 20, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
# C_2017087EN.01000801.xml

| 21.3.2017 | EN | Official Journal of the European Union | C 87/8 |
| --- | --- | --- | --- |

21.3.2017

EN

Official Journal of the European Union

C 87/8

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and in Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

(2017/C 87/07)

The following information is brought to the attention of the persons designated in Annex I to Council Decision 2013/255/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2017/485 (2), and in Annex II to Council Regulation (EU) No 36/2012 (3), as implemented by Council Implementing Regulation (EU) 2017/480 (4), concerning restrictive measures in view of the situation in Syria.

1

2

3

4

The Council of the European Union has decided that the persons that appear in the abovementioned Annexes should be included in the list of persons and entities in Annex I to Decision 2013/255/CFSP and Annex II to Regulation (EU) No 36/2012. The grounds for designation of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IIa to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation that the decision to include them on the abovementioned list should be reconsidered to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| E-mail: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s next review, pursuant to Article 34 of Decision 2013/255/CFSP and Article 32(4) of Regulation (EU) No 36/2012, of the list of designated persons and entities.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 147, 1.6.2013, p. 14.

1

(2)  OJ L 75, 21.3.2017, p. 24.

2

(3)  OJ L 16, 19.1.2012, p. 1.

3

(4)  OJ L 75, 21.3.2017, p. 12.

4

---
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

WILLIE LEON BARNES § 

VS. § CIVIL ACTION NO. 1:23-CV-352

CAPTAIN EASTER, ET AL. §

MEMORANDUM OPINION AND ORDER

Plaintiff Willie Leon Barnes, a prisoner confined at the Gib Lewis Unit of the Texas

Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this civil

rights action pursuant to 42 U.S.C. § 1983 against employees of the Gib Lewis Unit.

Discussion

When, as in this case, jurisdiction is not founded solely on diversity of citizenship, 28 U.S.C.

§ 1391 provides that venue is proper only in the judicial district where the defendants reside or in

which the claim arose. However, under 28 U.S.C. § 1404(a), for the convenience of parties and

witnesses and in the interest of justice, a district court may transfer any civil action to any other

district or division where it could have been brought. Such a transfer may be done sua sponte and

is reviewable only for an abuse of discretion. Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5th

Cir. 1989).

Plaintiff complains about incidents that took place at the Gib Lewis Unit, which is located

in the Lufkin Division of the United States District Court for the Eastern District of Texas. 

However, this case was filed in the Beaumont Division. The court has considered the circumstances

and determined that the interests of justice would be served if the complaint were transferred to the

division in which the claims arose. It is accordingly

Case 1:23-cv-00352-MAC-ZJH Document 16 Filed 04/01/24 Page 1 of 2 PageID #: 59
ORDERED that this civil rights action is TRANSFERRED to the Lufkin Division of the

United States District Court for the Eastern District of Texas.

2

_________________________

Zack Hawthorn

United States Magistrate Judge SIGNED this 1st day of April, 2024.

Case 1:23-cv-00352-MAC-ZJH Document 16 Filed 04/01/24 Page 2 of 2 PageID #: 60
Javier GOMEZ-CARRASQUILLO, Petitioner, v. UNITED STATES.

No. 19-8027.

Supreme Court of the United States.

April 20, 2020

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
CONSENT OF EXPERT





March 30, 2017



Eldorado Gold Corporation



United States Securities and Exchange Commission



Ladies and Gentlemen:



Re: Eldorado Gold Corporation



I, John Nilsson, do hereby consent to the filing
of the written disclosure regarding the description of mineral reserves of Kisladag, Certej, Tocantinzinho and Skouries (open pit)
properties and of extracts from or a summary of other information pertaining to this project, and the use of my name in the Annual
Information Form and Annual Report on Form 40-F of Eldorado Gold Corporation (the “Company”) for the year ended December
31, 2016 and any amendments thereto and any Registration Statement on Form S-8 incorporating by reference the Company’s Annual
Information Form and Annual Report on Form 40-F.



| | By: | /s/ John Nilsson                                      
| | --- | ------------------------------------------------------
| |     | John Nilsson, P.Eng
        Nilsson Mine Services Ltd.
| |     |                                                       
| |     |                                                       
| |     |
```

```

----

Updated July 19, 2013
```
 
 
CRUDE OIL, LIGHT SWEET - ICE FUTURES EUROPE                          Code-067411
OPTION AND FUTURES COMBINED POSITIONS AS OF 05/21/13          |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  Long  | Short  |Spreads |  Long  | Short  |  Long  | Short  |  Long  | Short
--------------------------------------------------------------------------------
(CONTRACTS OF 1,000 BARRELS)                         OPEN INTEREST:      702,620
COMMITMENTS
  99,971   31,396  194,277  390,054  456,164  684,302  681,837   18,318   20,783

CHANGES FROM 05/14/13 (CHANGE IN OPEN INTEREST:    -43,755)
  -3,540     -198  -19,073  -18,082  -22,432  -40,695  -41,703   -3,060   -2,052

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADER
    14.2      4.5     27.7     55.5     64.9     97.4     97.0      2.6      3.0

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      154)
      47       38       62       59       62      133      138
```

----

Updated May 24, 2013
Chris Ann JAYE, Petitioner, v. OAK KNOLL VILLAGE CONDOMINIUM OWNERS ASSOCIATION, INC., et al.

No. 19-1077.

Supreme Court of the United States.

May 4, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
Therian WIMBUSH, Petitioner, v. Willie Sue MICKENS, Warden.

No. 19-6836.

Supreme Court of the United States.

April 20, 2020

Motion of petitioner for reconsideration of order denying leave to proceed *in forma pauperis* denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLAR

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           4,922
<SECURITIES>                                     2,500
<RECEIVABLES>                                    4,521
<ALLOWANCES>                                       795
<INVENTORY>                                      3,049
<CURRENT-ASSETS>                                14,553
<PP&E>                                           3,967
<DEPRECIATION>                                   1,508
<TOTAL-ASSETS>                                  18,804
<CURRENT-LIABILITIES>                            7,108
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           205
<OTHER-SE>                                      11,491
<TOTAL-LIABILITY-AND-EQUITY>                    18,804
<SALES>                                         27,633
<TOTAL-REVENUES>                                27,633
<CGS>                                           18,968
<TOTAL-COSTS>                                   18,968
<OTHER-EXPENSES>                                 7,747
<LOSS-PROVISION>                                   170
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,862
<INCOME-TAX>                                        56
<INCOME-CONTINUING>                              2,806
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,806
<EPS-BASIC>                                      .12
<EPS-DILUTED>                                      .12


</TABLE>
**Exhibit 32.2**

 

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

 

In connection with the AnnualReport of Smurfit-Stone Container Corporation (the “Company”) on Form 10-K forthe period ending December 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Charles A. Hinrichs, Senior VicePresident and Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,that:

 

(1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

(2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

 
|  /s/ Charles A.  Hinrichs                           |   |
|----------------------------------------------------------|--------|
|  Charles A.  Hinrichs                               |
|  Senior Vice  President and Chief Financial Officer |
|  February 28, 2007                                  |

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to Smurfit-Stone Container Corporation and will beretained by Smurfit-Stone Container Corporation and furnished to the Securitiesand Exchange Commission or its staff upon request.

 

----
Robert ROWLES, Petitioner, v. GEO GROUP, INC., et al.

No. 19-7860.

Supreme Court of the United States.

May 4, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

September 4, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-41264

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

CARLOS IGNACIO MACIEL-PADILLA, also known as Carlos Maciel, also

known as Carlos Ignacio Maciel-Padillo

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:05-CR-1595-1

Before KING, HIGGINBOTHAM, and CLEMENT, Circuit Judges.

PER CURIAM:*

Carlos Ignacio Maciel-Padilla (Maciel) appeals his conviction and sentence

for illegal reentry following deportation. Maciel argues that the district court

erred by enhancing his sentence pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) based

upon the determination that his 2004 conviction under TEX. PENAL CODE

§ 21.11(a) for attempted indecency with a child is a crime of violence.
No. 06-41264

2

Sexual abuse of a minor is an enumerated offense which qualifies as a

crime of violence under § 2L1.2(b)(1)(A)(ii). United States v. Zavala-Sustaita,

214 F.3d 601, 604-05 (5th Cir. 2000), held that a violation of § 21.11(a) is sexual

abuse of a minor as that term is used in its “ordinary, contemporary, [and]

common meaning.” As such, the district court did not err in applying the

enhancement under § 2L1.2(b)(1)(A)(ii). 

Maciel also challenges the constitutionality of 8 U.S.C. § 1326(b). Maciel’s

constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523

U.S. 224, 235 (1998). Although Maciel contends that Almendarez-Torres was

incorrectly decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), we

have repeatedly rejected such arguments on the basis that Almendarez-Torres

remains binding. See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.

2005); see also Rangel-Reyes v. United States, 126 S. Ct. 2873 (2006); United

States v.Pineda-Arrellano, 2007 U.S. App. LEXIS 16925 (5th Cir. July 17, 2007).

Maciel properly concedes that his argument is foreclosed in light of AlmendarezTorres and circuit precedent, but he raises it here to preserve it for further

review. 

Accordingly, the judgment of the district court is AFFIRMED.