alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.
TANYA MARIE MORREO,

Defendant

- Appellant. No. 16

- 50170

D.C. No. 3:15

- cr

- 02659

- BEN

MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding

Submitted May 8 , 2017 **

Before: REINHARDT, LEAVY, and NGUYEN , Circuit Judges.
Tanya Marie Morreo appeals from the dist rict court’s judgment and

challenges the 180

- month sentence imposed following her guilty

- plea conviction
for importation of methamphetamine, in violation of 21 U.S.C. §§ 952, 960. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

# FILED

MAY 11 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 16

- 50170

Morreo contends that the district court ’s mitigating role analysis was legally

flawed and resulted in the erroneous denial of her request for a minor role
adjustment under U.S.S.G. § 3B1.2. We review the district court’s interpretation

of the Guidelines de novo , and its application of the Guideline s to the facts for

abuse of discretion

. See United States v. Gasca

- Ruiz , 852 F.3d 1167, 1170 (9th

Cir. 2017 ) (en banc) . Contrary to Morreo ’s contention, the record demonstrates

that the district court properly compar ed her to her co

- participants in the offense

and considered the factors enumerated in the G uideline and the totality of the

circumstances to determine whether Morreo was “substantially less culpable than
the average participant.” See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); United States v.

Quintero

- Leyva , 823 F.3d 519, 523 (9th Cir. 2016) ; see also United States v. Carty
, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (district judges are presumed to know
the law and need not “tick off” all of the sentencing facto rs)

. Moreover, in light of

the circumstances of the offense, the district court did not abuse its discretion in
concluding that Morreo was not a minor participant. See Quintero

- Leyva , 823 F.3d
at 523 (the court may consider factors other than those included in the commentary
to the Guideline and may deny a reduction even if some of the factors support a
contrary result).

AFFIRMED.
[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Page 5637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2100]


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

DEPARTMENT OF ENERGY

Office of Science


Basic Energy Sciences Advisory Committee

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Basic Energy Sciences 
Advisory Committee (BESAC). Federal Advisory Committee Act (Pub. L. 92-
463, 86 Stat. 770) requires that public notice of these meetings be 
announced in the Federal Register.

DATES: Monday, March 7, 2005, 8:30 a.m. to 5 p.m., and Tuesday, March 
8, 2005, 8:30 a.m. to 12 p.m.

ADDRESSES: The Gaithersburg Marriott Washingtonian Center, 9751 
Washingtonian Boulevard, Gaithersburg, Maryland 20878.

FOR FURTHER INFORMATION CONTACT: Karen Talamini; Office of Basic Energy 
Sciences; U.S. Department of Energy; Germantown Building, Independence 
Avenue, Washington, DC 20585; Telephone: (301) 903-4563.

SUPPLEMENTARY INFORMATION:
    Purpose of the Meeting: The purpose of this meeting is to provide 
advice and guidance with respect to the basic energy sciences research 
program.
    Tentative Agenda: Agenda will include discussions of the following:
    <bullet> News from the Office of Science.
    <bullet> News from the Office of Basic Energy Sciences.
    <bullet> BESAC discussion.
    Public Participation: The meeting is open to the public. If you 
would like to file a written statement with the Committee, you may do 
so either before or after the meeting. If you would like to make oral 
statements regarding any of the items on the agenda, you should contact 
Karen Talamini at (301) 903-6594 (fax) or 
<a href="/cdn-cgi/l/email-protection#9ff4feedfaf1b1ebfef3fef2f6f1f6dfecfcf6faf1fcfab1fbf0fab1f8f0e9"><span class="__cf_email__" data-cfemail="cca7adbea9a2e2b8ada0ada1a5a2a58cbfafa5a9a2afa9e2a8a3a9e2aba3ba">[email protected]</span></a> (e-mail). You must make your request for 
an oral statement at least 5 business days prior to the meeting. 
Reasonable provision will be made to include the scheduled oral 
statements on the agenda. The Chairperson of the Committee will conduct 
the meeting to facilitate the orderly conduct of business. Public 
comment will follow the 10-minute rule.
    Minutes: The minutes of this meeting will be available for public 
review and copying within 30 days at the Freedom of Information Public 
Reading Room; 1E-190, Forrestal Building; 1000 Independence Avenue, 
SW.; Washington, DC 20585; between 9 a.m. and 4 p.m., Monday through 
Friday, except holidays.

    Issued in Washington, DC on January 31, 2005.
Rachel M. Samuel,
Deputy Advisory Committee Management Officer.
[FR Doc. 05-2100 Filed 2-2-05; 8:45 am]
BILLING CODE 6450-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Ginger A. MCKINNEY, now Ginger L. Sutphin, Plaintiff, v. Joseph A. MCKINNEY, Jr., Defendant.

No. COA18-475

Court of Appeals of North Carolina.

Filed: December 18, 2018

AFFIRMED.
[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Rules and Regulations]
[Page 60742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20993]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 15

[ET Docket No. 04-37; ET Docket No. 03-104; FCC 04-245]


Broadband Power Line Systems

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay of effective date.

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

SUMMARY: On September 29, 2005, (70 FR 56856), the Commission announced 
the effective date of certain rules containing new information 
collection requirements that were published in the Federal Register on 
January 7, 2005. This document stays the effective date of the 
information collection requirements, which were approved by the Office 
of Management and Budget on September 15, 2005.

DATES: Effective October 19, 2005, the amendments to Sec. Sec.  15.615 
(a) through (e) published at 70 FR 1360, January 7, 2005, are stayed 
until November 19, 2005.

FOR FURTHER INFORMATION CONTACT: Nancy J. Brooks, Office of Engineering 
and Technology, Policy and Rules Division, (202) 418-2454.

List of Subjects in 47 CFR Part 15

    Communications equipment, Computer technology, Labeling, Radio, 
Reporting and recordkeeping requirements, Security measures, Telephone, 
Wiretapping and electronic surveillance.

Federal Communications Commission.
Bulah P. Wheeler,
Agenda and Publication Analyst.
[FR Doc. 05-20993 Filed 10-18-05; 8:45 am]
BILLING CODE 6712-01-U
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Vincent Rossi, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB of St. Bernard Software, Inc.;

2. Based on my knowledge, this
report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period
covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all
material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.

4.
The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; and

b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants
board of directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control
over financial reporting.



By:

/s/ Vincent RossiVincent RossiActing Chief Financial OfficerDated: November 19, 2007
In the MATTER OF Gregory Alan NEWELL, Petitioner.

Appellate Case No. 2018-000444

Supreme Court of South Carolina.

February 20, 2019

**573ORDER

By opinion dated April 8, 2002, this Court suspended petitioner from the practice of law *217for nine months. *In re Newell* , 349 S.C. 40, 562 S.E.2d 308 (2002). Petitioner filed a petition for reinstatement pursuant to Rule 33, RLDE, Rule 413, SCACR. After referral to the Committee on Character and Fitness (the Committee), the Committee has filed a report and recommendation recommending the Court reinstate petitioner to the practice of law and require petitioner to enter into a **574repayment plan with the Commission on Lawyer Conduct (the Commission) in order to reimburse $12,500 the Lawyers' Fund for Client Protection paid on claims filed by petitioner's prior clients.

We find petitioner has met the requirements of Rule 33(f), RLDE. Accordingly, we grant the petition for reinstatement upon the condition that, within thirty (30) days from the date of this order, petitioner enter into a repayment plan with the Commission in order to reimburse the Lawyers' Fund for Client Protection for the $12,500 it paid on claims relating to petitioner. Failure to comply with the repayment plan may result in further sanctions and/or discipline.

*/s/ Donald W. Beatty*, C.J.

*/s/ John W. Kittredge*, J.

*/s/ Kaye G. Hearn*, J.

*/s/ John Cannon Few*, J.

*/s/ George C. James, Jr.*, J.
##### 



Exhibit 12.1
 PlanetOut Inc.
Computation of Ratio of Earnings to Fixed Charges
(In thousands, except ratios)
 Year ended December 31,
    
    
    Nine months ended2002
    
    
    2003
    
    
    2004
    
    
    2005
    
    
    2006
    
    
    September 30, 2007Income (loss) from
operations as reported
    
    $
    (7,807
    )
    
    $
    (423
    )
    
    $
    449
    
    
    $
    2,043
    
    
    $
    (3,013
    )
    
    $
    (33,106
    )Add: Fixed charges
    
    
    112
    
    
    
    193
    
    
    
    1,713
    
    
    
    238
    
    
    
    1,216
    
    
    
    2,216Earnings as defined
    
    $
    (7,695
    )
    
    $
    (230
    )
    
    $
    2,162
    
    
    $
    2,281
    
    
    $
    (1,797
    )
    
    $
    (30,890
    )Fixed charges
    
    $
    112
    
    
    $
    193
    
    
    $
    1,713
    
    
    $
    238
    
    
    $
    1,216
    
    
    $
    2,216Ratio of earnings to
fixed charges (1)
    
    
    
    
    
    
    
    
    
    
    1.3
    x
    
    
    9.6
    x
    
    
    
    
    
    
    
 
 (1)
    
    The ratio of earnings to fixed charges is computed by dividing income
(loss) from operations plus fixed charges by fixed charges. Fixed
charges consist of interest expense, amortization of debt issuance
costs and that portion of rental payments under operating leases that
we believe to be representative of interest. Earnings were
insufficient to cover fixed charges in 2002, 2003, 2006 and the nine
months ended September 30, 2007 by amounts equal to the net loss for
the period.
EXHIBIT 24.1
  POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 28,
    2011          (Date)

/s/ Daniel I.
    BookerDaniel
    I. Booker, Director




---



##### 



POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 31,
    2011          (Date)

/s/ Ronald L.
    GallatinRonald
    L. Gallatin, Director




---



##### 



POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 28,
    2011          (Date)

/s/ Charles C.
    GedeonCharles
    C. Gedeon, Director




---



##### 



POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 28,
    2011          (Date)

/s/ Robert M.
    HernandezRobert
    M. Hernandez, Director




---



##### 



POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 28,
    2011          (Date)

/s/ Edith E.
    HolidayEdith
    E. Holiday, Director




---



##### 



POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 28,
    2011          (Date)

/s/ Bryan T.
    MossBryan
    T. Moss, Director




---



##### 



POWER OF
    ATTORNEY
  KNOW ALL
    MEN BY THESE PRESENTS:
  Form 10-K
    January 28,
    2011          (Date)

/s/ James A.
    WilliamsJames
    A. Williams, Director
IIB 

111TH CONGRESS 

1ST SESSION H. R. 511 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 16, 2009 

Received; read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

AN ACT 

To authorize the Secretary of Agriculture to terminate certain easements held by the Secretary on land owned 

by the Village of Caseyville, Illinois, and to terminate 

associated contractual arrangements with the Village. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 511 RFS

1 SECTION 1. TERMINATION OF NRCS EASEMENTS AND ASSO2 CIATED CONTRACTUAL ARRANGEMENTS, VIL3 LAGE OF CASEYVILLE, ILLINOIS. 

4 (a) TERMINATION AUTHORIZED.—The Secretary of 

5 Agriculture may terminate any easement held by the Sec6 retary on land owned by the Village of Caseyville, Illinois, 

7 and terminate associated contractual arrangements with 

8 the Village. 

9 (b) CONSIDERATION.—As consideration for the ter10 mination of an easement and associated contractual ar11 rangements under subsection (a), the Village of Caseyville, 

12 Illinois, shall enter into such compensatory arrangements 

13 with the Secretary as determined to be appropriate by the 

14 Secretary. 

Passed the House of Representatives September 15, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on DSKB9S0YB1PROD with BILLS
[Federal Register Volume 70, Number 206 (Wednesday, October 26, 2005)]
[Notices]
[Pages 61881-61882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21324]


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

DEPARTMENT OF THE TREASURY

United States Mint


Notification of Citizens Coinage Advisory Committee November 
2005; Public Meeting

SUMMARY: Pursuant to United States Code, Title 31, section 
5135(b)(8)(C), the United States Mint announces a Citizens Coinage 
Advisory Committee (CCAC) public meeting scheduled for November 15, 
2005.
    Date: November 15, 2005.
    Time: 1 p.m. to 2 p.m.
    Location: The meeting will occur via teleconference. Interested 
members of the public may attend the meeting at the United States Mint; 
801 Ninth Street, NW., Washington, DC; 2nd floor.
    Subject: Finalize the CCAC's annual report and other business.
    Interested persons should call 202-354-7502 for the latest update 
on meeting time, and location.

Public Law 108-15 Established the CCAC to

    <bullet> Advise the Secretary of the Treasury on any theme or 
design proposals relating to circulating coinage, bullion coinage, 
Congressional gold medals, and national and other medals.

[[Page 61882]]

    <bullet> Advise the Secretary of the Treasury with regard to the 
events, persons, or places to be commemorated by the issuance of 
commemorative coins in each of the five calendar years succeeding the 
year in which a commemorative coin designation is made.
    <bullet> Make recommendations with respect to the mintage level for 
any commemorative coin recommended.

FOR FURTHER INFORMATION CONTACT: Brendan Adams, United States Mint 
Liaison to the CCAC; 801 Ninth Street, NW., Washington, DC 20220; or 
call 202-354-7200.
    Any member of the public interested in submitting matters for the 
CCAC's consideration is invited to submit them by fax to the following 
number: 202-756-6830.

    Authority: 31 U.S.C. 5135(b)(8)(C).

    Dated: October 19, 2005.
David A. Lebryk,
Acting Director, United States Mint.
[FR Doc. 05-21324 Filed 10-25-05; 8:45 am]
BILLING CODE 4810-37-P
Electronically Filed

Intermediate Court of Appeals

CAAP-18-0000110

12-JUN-2018

08:13 AM
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

# NAME:

Proposal Review Panel for Materials Research #1203.

# DATES AND TIMES:

November 15, 2005; 7:45 a.m.-9 p.m. (open 7:45-11:45, 12:45-4:30, 6-7; closed 4:30-6); November 16, 2005; 8 a.m.-4 p.m. (open 9-10:15).

# PLACE:

University of Alabama, Tuscaloosa, AL.

# TYPE OF MEETING:

Part Open.

# CONTACT PERSON:

Dr. Ulrich Strom, Program Director, Materials Research Science and Engineering Centers, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4938.

# PURPOSE OF MEETING:

To provide advice and recommendations concerning progress of Materials Research Science and Engineering Center.

# AGENDA:

 

November 15, 2005—Closed to brief site visit panel.

November 16, 2005—Open for Directors overview of Materials Research Science and Engineering Center and presentations. Closed to review and evaluate progress of Materials Research Science and Engineering Center.

# REASON FOR CLOSING:

The work being reviewed may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552 b(c), (4) and (6) of the Government in the Sunshine Act.

Dated: October 4, 2005.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 05-20275 Filed 10-4-05; 2:40 pm]

BILLING CODE 7555-01-M
Exhibit 32.01



Educate, Inc.



Certification of Principal Executive Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



I, R. Christopher Hoehn-Saric, Chief Executive Officer of Educate, Inc. (the
Company), certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. | The Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2004 (the Report) fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ R. Christopher
Hoehn-Saric

Name: R. Christopher Hoehn-Saric

Date: November 12, 2004



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
Exhibit 10.12




DIRECTOR COMPENSATION




The following compensation arrangements have been established for the Board of Directors of the Company: All outside directors will receive an annual retainer of $25,000. The chairpersons of the Audit Committee, the Compensation Committee, the Risk Oversight Committee, and the Nominating/Governance Committee will for this service receive retainers of $10,000, of $7,000, of $5,000, and of $5,000 respectively. In addition, the director representing the Board of the Company as the non-executive Chairman of the Board of East West Bank’s subsidiary East West Bank (China) Limited receives a retainer of $125,000 for such duties. Outside directors also receive a meeting fee of $1,000 for each Board and Committee meeting attended. Outside directors also receive an annual grant of $40,000 of restricted stock, which stock has 3-year cliff vesting. Directors have the option to receive their $25,000 annual retainer in the form of stock at a 25% premium (i.e., $31,250 of stock) if they agree to hold the stock for at least one year. No separate compensation is paid to directors who are also employees of the Company.