alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1





THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


December 29, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Argus Dividend Growers Total
Return Trust, Series 7


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Argus Dividend Growers Total Return Trust, Series 7 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on December 28, 2015, in accordance with the valuation method set forth in
the Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the
party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-207285) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an
exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                    


Gerardo Cipriano


Vice President
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-20-00153-CR

CHRISTIAN CASTILLO, Appellant

V.

THE STATE OF TEXAS

§

§

§

§

§

On Appeal from the 362nd District 

Court

of Denton County (F18-127-362)

July 8, 2021

Per Curiam Memorandum Opinion

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was no error in the trial court’s judgment. It is ordered that the judgment of the trial 

court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
OFFICE OF THE AlTORNEY OENERAL OF TEXAS 

AUSTIN 

QmArD~oo MAW 

Anolr(n- 

. . 44 

Eonorablr 8. A. Eodqsrr 

County Auditor, ~~lllanoon County 

Goorgeteyn, Tszar 

Dear Sir a 

* mata Court shall hare povf+r to fill Yoasnoi% in 

tha offlc~ of: Cotmty J~dga, Cmnty :Tlerh, yherifl, 
County Attarnoy, County Tmasuzsr; County Surveyor, 

Couaty IJlda &apeotor, Auoaaor or Texas, Collsotor 

of Tame, Jortlou oi the Fuwa, Constablss, and 

Cowztf suprlatendeat OS fubllo Jnatruotioa. Such 

vaoanoias shall be fillad by 1 .Yjority ones af the 

mmbora or mid Court, prtwnt eaa rothus, md tha 

psraon ohomn uhall hold ofiloo until bhe nort 

ecuma ala&ion; Au asHaded Xats 1927, Lath Lag., 

let c. s., p. 248, oh. 90 I 1." 

Ii there la a raoanay ln the offioe of County Soh001 

Superlntozidont of Vllllmxson County thr oaonnoy mat bs 

111Wl by a LlIijorlty vata of the CammAsslsners Court or 

said County present and votin& and +&s pureon ohoosa to 

f:‘,f;t;&~ vaaanoy shall hold orfiaa~unt~l the aext waeral 

Slnar tho quoted statute doer not rsqalrs~suah 

appoint&t to bo smdr at a rybuliw tera of said Court, 

tha sppoiatmaat map bs mds at a spaoial or called sssslon 

themof, and aany Chres sriabbrre of said oourt, lnoludine, tha 

County Judge, till oonetltuta a quoru!x for ths transsotlon 

or aiueh baalaus. ,Artiola 2323 Bsviasd Civil Statute8 Of 

Taxa .
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

J.S., the mother,

Appellant,

v.

DEPARTMENT OF CHILDREN AND FAMILIES and

GUARDIAN AD LITEM,

Appellees.

No. 4D20-2513

[May 28, 2021]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Stacey Schulman, Judge; L.T. Case No. 2018-1671-CJDP.

Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant 

Regional Counsel of the Office of Criminal Conflict and Civil Regional 

Counsel, Fourth District, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Carolyn Schwartz, 

Assistant Attorney General of the Office of the Attorney General, Children’s 

Legal Services, Fort Lauderdale, for appellee Department of Children and 

Families.

Thomasina F. Moore, Statewide Director of Appeals, and Sarah Todd 

Weitz, Senior Attorney of Statewide Guardian ad Litem Office, Tallahassee, 

for appellee Guardian ad Litem.

PER CURIAM.

Affirmed.

WARNER, CIKLIN and GERBER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**Exhibit      32.2**

|   | (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. |
|   |
|   |

|                             Date:  June 19,              2007 | /s/ Barry              H. Black                                                 |
|----------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------|
|                                                                                                                                               | Barry H.              Black                                                     |
|                                                                                                                                               | Vice              President              of Finance and Chief Financial Officer |
|                                                                                                                                               |
|                                                                                                                                               |
|                                                                                                                                               |
|                                                                                                                                               |
Exhibit 23.1 

 

CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS 

 

We consent to the incorporation by reference in the Registration Statements (Form S-3 No. 333-109508, 333-111945 and 333-67948; and Form S-8 Nos. 333-98263,333-97765, 333-83993, 333-50217, 333-50381, 333-107320, 333-63440 and 333-39376), of our report dated February 6, 2004, except Note 15 as to which the date is March 18, 2004, with respect to the consolidated financial statements of Nanogen,Inc., included in the Annual Report (Form 10-K) for the year ended December 31, 2003. 

 

ERNST & YOUNG LLP 

 

San Diego, California 

March 25, 2004
* Pursuant to 5 TH C IR
. 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 5 TH C IR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40503 Summary Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee

v. JORGE LUIS MIRELES-FLORES Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-81-1
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM: * Jorge Luis Mireles-Flores appeals his conviction and sentence for being present in the United States following deportation in violation of 8 U.S.C. § 1326. Mireles-Flores argues that the district court erred in applying a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii), based on the determination that his 2006 T exas conviction for burglary of a habitation constitutes a crime ofviolence. We review the district court’s application of the United States Court of Appeals

Fifth Circuit 

### F I L E D February 14, 2008 Charles R. Fulbruge III ClerkNo. 07-40503

2 Sentencing Guidelines de no vo and its findings of fact for clear error. U nited States v. Villanueva, 408 F.3d 193, 202, 203 n. 9 (5th Cir. 2005); U nited States v. Vargas-Duran, 356 F.3d 598, 602 (5th Cir. 2004) (en banc). Mireles-Flores recognizes that this court has previously held that an offense committed under T EX
. P ENAL CODE § 30.02(a)(1), the statute of his conviction, is a crime ofviolence for purposes of § 2L1.2, but he argues that the Supreme Court’s recent decision in James v. United States, 127 S. Ct. 1586, 1599-1600 (2007), overrules this circuit’s precedent. In U nited States v. GomezGuerra, 485 F.3d 301, 303 n.1 (5th Cir.), cert. denied, 128 S.Ct. 156 (2007), this court noted that the analysis in James expressly does not concern enumerated offenses and pertains only to a residual provision in 18 U.S.C. § 924(e)(2)(B)(i), which § 2L1.2 does not contain. Consequently, James is not dispositive of this
case. Moreover, because this court has held that an offense under § 30.02(a)(1) constitutes a crime ofviolence for purposes of § 2L1.2, the district court did not err in applying the enhancement under § 2L1.2(b)(1)(A)(ii). See United States v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005), cert. denied. 126 S.Ct. 1398 (2006). In light of Apprendi v. New Jersey, 530 U .S. 466 (2000), Mireles-Flores challenges the constitutional ity of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements ofthe offense that must be found by a jury. This argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). U nited States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 2008WL 59441 (Jan. 7, 2008) (No. 07-6202). Accordingly, the judgment of the district court is AFFIRMED.
ATCH11 Unit: U05P [02-28-12 19:51:20] PGT: MILES1 GALLEYS�

Cite as: 565 U. S. ––– (2011) 1 

Statement of Ginsburg, J.

SUPREME COURT OF THE UNITED STATES

No. 11A762 

AMERICAN TRADITION PARTNERSHIP, INC., fka
 

WESTERN TRADITION PARTNERSHIP, INC.,
 

et al. v. STEVE BULLOCK, ATTORNEY
 

GENERAL OF MONTANA, et al.
 

on application for stay
 

[February 17, 2012] 

The application for stay presented to Justice Kennedy and 

by him referred to the Court is granted, and the Montana Supreme Court’s December 30, 2011, decision in case No. DA 11– 

0081, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of 

certiorari be denied, this stay shall terminate automatically. In 

the event the petition for a writ of certiorari is granted, the stay 

shall terminate upon the issuance of the mandate of this Court. 

Statement of Justice Ginsburg, with whom Justice Breyer

joins, respecting the grant of the application for stay. 

Montana’s experience, and experience elsewhere since this 

Court’s decision in Citizens United v. Federal Election Comm’n, 

558 U. S. ––– (2010), make it exceedingly difficult to maintain that 

independent expenditures by corporations “do not give rise to 

corruption or the appearance of corruption.” Id., at ––– (slip op., 

at 42). A petition for certiorari will give the Court an opportunity to consider whether, in light of the huge sums currently 

deployed to buy candidates’ allegiance, Citizens United should 

continue to hold sway. Because lower courts are bound to follow 

this Court’s decisions until they are withdrawn or modified, however, Rodriguez de Quijas v. Shearson/American Express, Inc., 

490 U. S. 477, 484 (1989), I vote to grant the stay.
EXHIBIT 32


CERTIFICATION PURSUANT TO SECTION 906

Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned officer of the Canistel Acquisition Corporation
(the "Company"), hereby certify to my knowledge that:

The Report on Form 10-Q for the period ended June 30,
2008 of the Company fully complies, in all material respects,
with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the
Report fairly represents, in all material respects, the
financial condition and results of operations of the Company.

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.


                             /s/ James M. Cassidy
                                 President and Director and
                                 Chief Executivie Officer,
                                 Chief Financial Officer and
                                 Principal Accounting Officer
Date: October 2, 2008
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway

Alton Thomas Davis, Justices

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. 

 _________________________________________ 

 Clerk

September 27, 2010 

s0920 

Order 

 

September 27, 2010 

140607 & (19) 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 140607 

 COA: 294842 

Kalkaska CC: 97-001695-FC 

GERALD LYNN CALKINS, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 19, 2009 

order of the Court of Appeals is considered, and it is DENIED, because the defendant’s 

motion for relief from judgment is prohibited by MCR 6.502(G). The motion to remand 

is DENIED.
EXHIBIT
32.2





STATEMENT
REQUIRED BY 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 on Form 10-Q of Décor Products
International, Inc., (the "Company") for the period ended June 30, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Wai Fai Law, Chief Financial Officer, of the Company, certify
that:





*   the
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and





*   information
contained in the Report fairly presents, in all material respects, our
consolidated financial condition and results of operations.





/s/ Wai Fai LawWai
      Fai LawChief
      Financial Officer





Date:
August 23, 2010





This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by us pursuant to the
Securities Exchange Act of 1934, as amended, and does not constitute a part of
the Quarterly Report of Décor Products International, Inc. on Form 10-Q for the
period ended June 30, 2010 as filed with the Securities and Exchange Commission
on the date hereof.
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Page 25317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10732]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Small Business/Self 
Employed Issue Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Small Business/
Self Employed Issue Committee will be conducted. The Taxpayer Advocacy 
Panel is soliciting public comments, ideas and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Monday, June 28, 2010 and Tuesday, June 
29, 2010.

FOR FURTHER INFORMATION CONTACT: Janice Spinks at 1-888-912-1227 or 
206-220-6098.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Small Business/Self 
Employed Issue Committee will be held Monday, June 28, 2010 from 8 a.m. 
to 5 p.m. and Tuesday, June 29, 2010 from 8 a.m. to 5 p.m. Central Time 
in Dallas, TX. The public is invited to make oral comments or submit 
written statements for consideration. Notification of intent to 
participate must be made with Janice Spinks. For more information, 
please contact Ms. Spinks at 1-888-912-1227 or 206-220-6098 or write 
TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174, or contact us 
at the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: May 3, 2010.
Shawn F. Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2010-10732 Filed 5-6-10; 8:45 am]
BILLING CODE 4830-01-P
Exhibit 32.2








CERTIFICATE 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 (the “Report”) on the Form 10-Q of Eaglecrest Resources, Inc. (the “Company”) for the six months ended July 31, 2010, as filed with the Securities and Exchange Commission on the date hereof, I, Rizalyn Cabrillas, Chief Accounting Officer, Chief Financial Officer and Director, certify, pursuant to 18 U.S.C. 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 Quarterly Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and





2. The information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.








Date: September 9, 2010





RIZALYN CABRILLAS


Rizalyn Cabrillas


Chief Accounting Officer


Chief Financial Officer and Director














-1-
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.
SHANE AVINGTON , Petitioner

. No. 1 CA

- CR 16

- 0690 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR 2005

- 034814

- 001 CR 2005

- 121081

- 001 The Honorable Margaret R. Mahoney , Judge REVIEW GRANTED; RELI EF DENIED

COUNSEL Maricopa County Attorney’s Office , Phoenix By Diane Meloche Counsel for Respondent Shane Avington , Eloy Petitioner FILED 11-28-2017STATE v. AVINGTON Decision of the Court

2 MEMORANDUM DECISION Presiding Judge Michael J. Brown, Judge Jennifer B. Campbell and Chief Judge Samuel A. Thumma delivered the decision of the Court.

PER CURIAM : ¶1 Petitioner Shane Avington seeks review of the superior court's order denying his petition for post

- conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is petitioner's third successive petition. ¶2 Absent an abuse of discretion or error of law, this court will not disturb a superior court's ruling on a p etition for post

- conviction relief. State v. Gutierrez , 229 Ariz. 573, 577, ¶ 19 (2012). It is petitioner's burden to show that the superior court abused its discretion by denying the petition for post

- conviction relief. See State v. Poblete , 227 Ariz. 537, ¶ 1 (App. 2011) (petitioner has burden of establishing abuse of discretion on review). ¶3 We have reviewed the record in this matter, the superior court's order denying the petition for post

- conviction relief, and the petition for review. We find that p etitioner has not established an abuse of discretion. ¶4 For the foregoing reasons, we grant review and deny relief.
Third District Court of Appeal

State of Florida

Opinion filed September 21, 2022.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-175

Lower Tribunal No. F16-7074

________________

Marvin Pace,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.

Marvin Pace, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and GORDO, and LOBREE, JJ. 

PER CURIAM.

Affirmed.
EXHIBIT 4.8
                          FORM OF EMPLOYMENT AGREEMENT

This EMPLOYMENT AGREEMENT ("Agreement") is effective ______________ (the
"Effective Date"), by and between Assembly and Manufacturing Systems, Inc.
("AMS"), a California Corporation, which is a wholly owned subsidiary of SGI
International ("SGI"), and , an individual ("Employee").

In consideration of the mutual agreements and the promises herein contained, the
parties hereto agree as follows:

1. Employment. AMS hereby employs Employee and Employee hereby accepts
employment with AMS on the terms and conditions ----- set forth in this
Agreement.

2. Term of Agreement. This Agreement shall commence on the Effective Date and
Employee's employment shall continue until terminated, which may be done by
either party for any reason, or no reason, with or without cause or advance
notice. This Agreement shall govern the relationship between Employee and AMS
until December 31, 2000, at which time this Agreement shall terminate.
Thereafter Employee shall be an "At Will" employee of AMS.

3. Duties. Employee shall devote his full productive time to the duties
assigned to him. "Full productive time" is hereby defined as that time
reasonably necessary to perform his required duties in a timely manner, but not
less than forty (40) hours per week, for fifty-two (52) weeks per year, less
holidays, sick leave, and vacation time in accordance with the then-prevailing
policies of AMS.

4. Compensation. In consideration of Employee's performing the duties described
herein, AMS agrees to compensate employee as set forth in Exhibit A, attached
hereto and incorporated herein, payable on a weekly basis. Employee shall also
be covered by AMS's Group Medical Insurance, and such other group benefits
granted to employees pursuant to the then prevailing policies of AMS.

Employee has received and shall also receive:

(a) As incentive compensation, such bonuses and benefits as AMS or SGI's Board
of Directors, in its sole discretion, shall determine.

(b) As further incentive compensation, SGI Warrants in an amount to be decided
in the sole discretion of SGI's Board of Directors.

(c) Reimbursement of reasonable business expenses incurred by Employee in
accordance with AMS's policies.

5. Integration. This Agreement shall not be modified or amended, except by a
writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed at Simi Valley, California.

Assembly and Manufacturing Systems, Inc.        Employee

By:
Amir Khiabani, President
II

106TH CONGRESS

1ST SESSION S. 1632

To extend the authorization of appropriations for activities at Long Island

Sound.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 23 (legislative day, SEPTEMBER 22), 1999

Mr. LIEBERMAN (for himself, Mr. DODD, Mr. SCHUMER, and Mr. MOYNIHAN)

introduced the following bill; which was read twice and referred to the

Committee on Environment and Public Works

A BILL

To extend the authorization of appropriations for activities

at Long Island Sound.

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

3 SECTION 1. LONG ISLAND SOUND.

4 Section 119(e) of the Federal Water Pollution Con5 trol Act (33 U.S.C. 1269(e)) is amended—

6 (1) in paragraph (1), by striking ‘‘1991

7 through 2001’’ and inserting ‘‘2000 through 2005’’;

8 and

9 (2) in paragraph (2), by striking ‘‘not to exceed

10 $3,000,000 for each of the fiscal years 1991 through
2

•S 1632 IS

1 2001’’ and inserting ‘‘not to exceed $10,000,000 for

2 each of fiscal years 2000 through 2005’’.

Æ