alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

UNITED STATES OF AMERICA '

'

'

versus ' NO. 1:23-cr-118

'

'

MARK EZEKIEL CANE '

ORDER ADOPTING FINDINGS OF FACT AND RECOMMENDATION

ON DEFENDANT’S GUILTY PLEA

The court referred this matter to the Honorable Zack Hawthorn, United States 

Magistrate Judge, for administration of a guilty plea under Rule 11 of the Federal Rules of 

Criminal Procedure. Judge Hawthorn conducted a hearing in the form and manner prescribed 

by Federal Rule of Criminal Procedure 11 and issued his Findings of Fact and 

Recommendation on Guilty Plea Before the United States Magistrate Judge. The magistrate 

judge recommended that the court accept the Defendant’s guilty plea. He further 

recommended that the court adjudge the Defendant guilty on Count One of the Indictment filed 

against the Defendant.

The parties waived their right to object to the magistrate judge’s findings. The court 

ORDERS that the Findings of Fact and Recommendation on Guilty Plea of the United States 

Magistrate Judge are ADOPTED. The court accepts the Defendant’s plea but defers 

acceptance of the plea agreement until after review of the presentence report. 

It is further ORDERED that, in accordance with the Defendant’s guilty plea and the 

magistrate judge’s findings and recommendation, the Defendant, Mark Ezekiel Cane, is 

Case 1:23-cr-00118-MAC-CLS Document 29 Filed 11/05/24 Page 1 of 2 PageID #: 132
2

adjudged guilty as to Count One of the Indictment charging a violation of 18 U.S.C. § 

922(g)(1) - Felon in Possession of a Firearm.

Case 1:23-cr-00118-MAC-CLS Document 29 Filed 11/05/24 Page 2 of 2 PageID #: 133
EXHIBIT 32.1

                            SECTION 906 CERTIFICATION


<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 Glas-Aire  Industries Group,
Ltd.  (the  "Company")  on Form 10-QSB for the period  ending June 30, 2005 (the
"Report") I, Craig Grossman,  Chairman, Chief Executive Officer,  President, and
Secretary of the Company,  certify,  pursuant to 18 USC Section 1350, as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that to the best of
my knowledge and belief:

         (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.

Dated:  August 14, 2006


\s\ Craig Grossman
---------------------------------------
Craig Grossman, Chairman, Chief Executive Officer,
President, and Secretary

         This  certification  accompanies  the Report pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 and shall not, except to the extent required by
the  Sarbanes-Oxley  Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<PAGE>
 
                               EXHIBIT 10.09(B)

<PAGE>
 
                                    FORM OF
                                   AMENDMENT
                                     TO THE
                               CUSTOMER AGREEMENT

     This Customer Agreement Amendment ("Amendment") is made as of this 1st day
of [MONTH, YEAR] by and between [THE FUND] (the "Fund") and Merrill Lynch
Futures Inc.

                              W I T N E S S E T H:

     WHEREAS, the parties hereto entered into a Customer Agreement relating to
the purchase and sale of commodity futures and forward contracts and commodity
options (the "Customer Agreement");

     WHEREAS, the parties hereto have agreed to reduce the brokerage commissions
paid by the Fund to Merrill Lynch Futures Inc., the Fund's commodity broker,
pursuant to the Customer Agreement and wish to amend the Customer Agreement
accordingly;

     NOW THEREFORE, in consideration of the premises and mutual covenants
contained in the Customer Agreement and herein, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree to amend the Customer
Agreement as follows:

     1.  Brokerage Commissions. Beginning [DATE, YEAR] the brokerage commissions
         ---------------------                                                  
payable by the Fund to Merrill Lynch Futures Inc. will be reduced to ______ of
1% of month-end Net Assets, before reduction for such monthly brokerage
commissions and any New Profits Account allocation but after the crediting of
interest income received during the month (a ____% annual rate). Such brokerage
commissions shall not include any administrative fee paid directly to Merrill
Lynch Investment Partners Inc.

     2.  Amendment.  This Amendment may not be amended except by the written
         ---------                                                          
consent of each of the parties hereto.
 
     3.  Counterparts.  This Amendment may be executed in one or more
         ------------                                                
counterparts, each of which shall, however, together constitute one and the same
documents.

                                      -1-
<PAGE>
 
          IN WITNESS WHEREOF, this Amendment has been executed by the parties
hereto as of the day and year first above written.

 
                              [THE FUND]

                              BY:   MERRILL LYNCH INVESTMENT
                                    PARTNERS INC., General Partner


                              BY:   ________________________________
                                    Name:
                                    Title:
 


                              MERRILL LYNCH FUTURES INC.
 

                              BY:   ________________________________
                                    Name:
                                    Title:

                                      -2-
Patrick J. TOBIN, Petitioner, v. CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA

No. 18-1526

Supreme Court of the United States.

October 7, 2019

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Buck Leon HAMMERS, Petitioner, v. UNITED STATES.

No. 19-1213.

Supreme Court of the United States.

May 18, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO, 

3 Plaintiff-Appellee,

4 v. NO. 34,702

5 DARREN HENRY,

6 Defendant-Appellant,

7 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY

8 Darren M. Kugler, District Judge

9 Hector H. Balderas, Attorney General

10 Santa Fe, NM

11 for Appellee

12 Almanza Abrams PA

13 Jared Abrams

14 Las Cruces, NM

15 for Appellant

16 MEMORANDUM OPINION

17 ZAMORA, Judge.
2

1 {1} Summary affirmance was proposed for the reasons stated in the notice of

2 proposed summary disposition. No memorandum opposing summary affirmance has

3 been filed and the time for doing so has expired.

4 {2} IT IS SO ORDERED.

5 

6 M. MONICA ZAMORA, Judge

7 WE CONCUR:

8 

9 MICHAEL E. VIGIL, Chief Judge

10 

11 J. MILES HANISEE, Judge
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7367

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ALBERT M. MCDOWELL, JR., Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CR-97-45-A, CA-01-156-7) Submitted: November 8, 2001 Decided: November 19, 2001 Before WILKINS, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Albert M. McDowell, Jr., Appellant Pro Se. Rick A. Mountcastle, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Albert M. McDowell, Jr., seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. McDowell , Nos. CR-97-45-A; CA-01-156-7 (W.D. Va. June 25, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
_________________________________________ 

 

 

 

 

_________________________________ 

Order Michigan Supreme Court

Lansing, Michigan 

July 12, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 131879(84) Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

MARY MULLINS, Personal

Representative of the Estate of

Nina F. Mullins, Deceased,

Plaintiff-Appellant, 

 SC: 131879 
 v COA: 263210 
 Washtenaw CC: 03-000812-NH 

ST. JOSEPH MERCY HOSPITAL,

d/b/a ST. JOSEPH MERCY HEALTH

SYSTEM, JASON WHITE, M.D.,

RAFAEL J. GROSSMAN, M.D., and 

KIMBERLY STEWART, M.D.,

 Defendants-Appellees 

and 

JAMES R. BENGSTON, and

WALTER WHITEHOUSE, M.D.,

 Defendants. 

On order of the Chief Justice, the motion by Michigan Health and Hospital 

Association for extension of the time for filing their brief amicus curiae is considered and 

it is GRANTED. 

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 12, 2007 

 Clerk
<PAGE>   1
                                                                    EXHIBIT 23.0


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-30909) and on Forms S-8 (No. 33-77882, No.
33-77884, No. 33-77888 and No. 333-2133), of DT Industries, Inc. of our report
dated October 4, 2000, except as to Note 4 which is as of October 10, 2000,
appearing in this Form 10-K.  We also consent to the incorporation by reference
of our report on the Financial Statement Schedule, which appears on page S-1 of
this Form 10-K.

/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
St. Louis, Missouri
October 10, 2000
[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Page 31552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11087]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[FR ID 88210]


Deletion of Item From May 19, 2022 Open Meeting

May 17, 2022.
    The following item was released by the Commission on May 17, 2022 
and deleted from the list of items scheduled for consideration at the 
Thursday, May 19, 2022, Open Meeting. The item was previously listed in 
the Commission's Sunshine Notice on Thursday, May 12, 2022.

------------------------------------------------------------------------
 
------------------------------------------------------------------------
5.........................  ENFORCEMENT.........  TITLE: Enforcement
                                                   Bureau Action.
                                                  SUMMARY: The
                                                   Commission will
                                                   consider an
                                                   enforcement action.
------------------------------------------------------------------------


Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2022-11087 Filed 5-23-22; 8:45 am]
BILLING CODE
Exhibit AB

Redacted in Entirety

Case 2:24-cv-00021-JRG Document 54-29 Filed 07/18/24 Page 1 of 1 PageID #: 3515
EXHIBIT 10.1



 Exhibit 10.1 
 Terms and Conditions of 
 Success Equity Award (CEO performance based RSUs) 

 

	1.	 Award Subject to Plan: 


 This Success Equity Award is granted to Paul S. Otellini (the “Executive”) under and subject to Section 8 of the Intel Corporation 2006 Equity Incentive Plan (the “Plan”). Capitalized terms
not defined herein shall have the meaning set forth in the Plan. 
  

	2.	 Date of Vesting of Success Equity Award and Conversion into Common Stock: 



The Success Equity Award shall vest and convert into shares of Intel stock upon certification by the Compensation Committee of the
Board (the “Committee”) following the end of the Performance Period. 
  

	3.	 Conversion Rate: 


 The Success Equity Award is an award of 75,000 performance based RSUs, which vest and convert into a number of shares of Intel shall stock, pursuant to the following table, based upon the performance level
certified by the Committee: 
  

							
	       	 	Performance Rating	  	Number of Shares from 75,000
RSUs
		 	 Outstanding
	  	150,000
		 	 Exceeds Expectations
	  	112,500
		 	 Successful
	  	75,000
		 	 Below Expectations
	  	0

  

	4.	 Performance Period: 


 The Performance Period shall be the 2012 fiscal year. 
  

	5.	 Success Equity Performance Criteria: 


 The Compensation Committee shall determine the Performance Rating, pursuant to the Executive’s achievement of strategic, leadership, and organizational objectives established by the Committee and such other
criteria as the Committee deems appropriate for the Performance Period. 
  

	6.	 Transferability of RSUs: 


 The RSUs are not transferable. 
  

	7.	 Transferability of Shares from Converted RSUs: 



Upon vesting, the net number of shares earned and converted under the Success Equity Award, after withholding by the Corporation of
a sufficient number of shares with a fair market value equal to the amount of any required withholding tax obligation related to the Success Equity Award, shall be delivered to the Executive provided however that one-half of the net shares delivered
shall not be transferable (or otherwise subject to any hypothecation) until the first anniversary of the Executive’s retirement or other termination of employment and the other half of the shares delivered shall not be transferable (or
otherwise subject to any hypothecation) until the second anniversary of the Executive’s retirement or other termination of employment. 
  

	8.	 Dividends and Dividend Equivalent Rights: 


 No dividends or dividend equivalent rights shall be earned or payable with respect to the RSUs or the shares subject thereto prior to the issuance of shares, if any, pursuant to this award.
Exhibit 10

Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 1 of 8 PageID #: 5068
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 2 of 8 PageID #: 5069
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 3 of 8 PageID #: 5070
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 4 of 8 PageID #: 5071
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 5 of 8 PageID #: 5072
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 6 of 8 PageID #: 5073
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 7 of 8 PageID #: 5074
Case 2:24-cv-00093-JRG Document 102-10 Filed 11/05/24 Page 8 of 8 PageID #: 5075
<PAGE>

EXHIBIT 10.1.1(E)


                           Magnesium Corporation of America
                              238 North 2200 West Street
                               Salt Lake City, UT 84116



July 22, 1998


Mr. Todd R. Ogaard
C/O Magnesium Corporation of America
238 North 2200 West Street
Salt Lake City, UT 84116

Dear Lee:

Reference is made to your Employment Agreement with this Corporation dated
December 1, 1994 (the "Agreement").

This will confirm our agreement with you as follows:

The base salary provided in Section 2(a) of the agreement is increased from
$82,000 to $96,000, effective this date.

The parties reaffirm the Agreement as amended hereby.

Please confirm your agreement to the foregoing by signing and returning the
enclosed copy.

                                             Very truly yours,

                                             MAGNESIUM CORPORATION
                                                  OF AMERICA


                                             By  /s/ Michael H. Legge



CONFIRMED AND AGREED TO:




/s/ Todd R. Ogaard
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-41545

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SANTOS RODRIGUEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

(B-98-CR-402-04)

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

December 11, 2000

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

The attorney appointed to represent Defendant-Appellant Santos

Rodriguez has moved for leave to withdraw and has filed a brief in

accordance with Anders v. California, 386 U.S. 738 (1967).

Rodriguez was notified of counsel’s motion and brief but has not

filed a response to counsel’s motion. Both counsel’s brief and our

independent review of the record show that there are no

nonfrivolous issues for appeal. Consequently, counsel’s motion for

leave to withdraw is GRANTED, counsel is excused from further
2

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR.

R. 42.2.

S:\OPINIONS\UNPUB\98\98-41545.0

4/29/04 4:51 am
Rohit KUMAR, Petitioner, v. William P. BARR, Attorney General, et al.

No. 19-1151.

Supreme Court of the United States.

April 27, 2020

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
<PAGE>

                                                                     EXHIBIT 3.3

                         CERTIFICATE OF INCORPORATION

                                       OF

                                   PACJ, Inc.

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

     FIRST.  The name of this corporation shall be:

                                   PACJ, Inc.


     SECOND.  Its registered office in the State of Delaware is to be located at
1013 Centre Road, in the City of Wilmington, Count of New Castle and its
registered agent at such address is CORPORATION SERVICE COMPANY.


     THIRD.  The purpose or purposes of the corporation shall be:

     To engage in any lawful act or activity for which corporations may
organized under the General Corporation Law of Delaware.


     FOURTH.  The total number of shares of stock which this corporation is
authorized to issue is:

     One Thousand Five Hundred (1,500) shares without par value.


     FIFTH.  The name and address of the incorporator is as follows:

                                 Amy C. Sparks
                          Corporation Service Company
                               1013 Centre Road
                             Wilmington, DE  19805


     SIXTH.  The Board of Directors shall have the power to adopt, amend or
repeal the by-laws.
<PAGE>

     SEVENTH.  No director shall be personally liable to the Corporation or its
stockholders for monetary damages for any breach of fiduciary duty by such
director as a director.  Notwithstanding the foregoing sentence, a director
shall be liable to the extent provided by applicable law, (i) for breach of the
director's duty of loyalty to the Corporation or its stockholders, (ii) for acts
or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law, (iii) pursuant to Section 174 of the Delaware General
Corporation Law or (iv) for any transaction from which the director derived an
improper personal benefit.  No amendment to or repeal of this Article Seventh
shall apply to or have any effect on the liability or alleged liability of any
director of the Corporation for or with respect to any acts or omissions of such
director occurring prior to such amendment.

     IN WITNESS WHEREOF, the undersigned, being the incorporator hereinbefore
named, has executed, signed and acknowledged this certificate of incorporation
this tenth day of September, A.D., 1996

                                                    /s/ Amy C. Sparks
                                                    --------------------------
                                                    Amy C. Sparks
                                                    Incorporator
(c) Attorneys (Firm Name, Address, and Telephone Number)

Michael K. Hurst, 

Chris Schwegmann, 

Yaman Dasai

Lynn Pinker Hurst & Schwegmann, LLP 

2100 Ross Avenue Suite 2700

Dallas, Texas 75201

Telephone: (214) 981-3800

Laurence D. King, 

Kaplan Fox & Kilsheimer LLP 

1999 Harrison Street, Suite 1560

Oakland, CA 94612

Telephone: (415) 772-4700

Frederic S. Fox

Jeffrey P. Campisi

Matthew P. McCahill

Kaplan Fox & Kilsheimer LLP

800 Third Avenue, 38th Floor

New York, NY 10022

Telephone: (212) 687-1980

Attorneys for Plaintiffs

Case 4:23-cv-01104-SDJ Document 1-2 Filed 12/14/23 Page 1 of 1 PageID #: 43
Exhibit 11

                                                 Oxford Resources Corp.
                                                       and Subsidiaries
                                            Statement of Computation of
                                                   Net Income Per Share
================================================================================

Three Months Ended September 30,                   1996          1995
--------------------------------------------------------------------------------

(In thousands except per share data)

Net income                                        $ 5,700       $ 4,035
                                                  -------       -------
Weighted average common shares
  outstanding                                      14,840        13,268
Common stock equivalents                              195           213
                                                  -------       -------
Weighted average number of common
  and common equivalent shares outstanding         15,035        13,481
                                                  =======       =======

Primary earnings per share                        $  0.38       $  0.30
                                                  =======       =======
<PAGE>   1
                                                                    EXHIBIT 23.0




                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-30909) and on Forms S-8 (No. 33-77882, No.
33-77884, No. 33-77888, and No. 333-2133), of DT Industries, Inc., of our report
dated August 6, 1999, except for Note 16 which is as of September 27, 1999 and
Notes 1 and 17 which are as of October 4, 2000, appearing in this Form 10-K/A.
We also consent to the incorporation by reference of our report on the Financial
Statement Schedule, which appears on page S-1 of this Form 10-K/A.



PricewaterhouseCoopers LLP
St. Louis, Missouri
December 8, 2000