alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable JOHN A. JARVEY, United States District Judge for the

Southern District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 09-3642

___________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the

v. * Southern District of Iowa.

*

Jose Ruiz, * [UNPUBLISHED]

*

Appellant. *

___________

Submitted: October 7, 2010

Filed: October 7, 2010

___________

Before LOKEN, MURPHY, and BENTON, Circuit Judges.

___________

PER CURIAM.

Jose Ruiz, Sr., pleaded guilty to a drug offense. Pursuant to a plea agreement

entered into under Federal Rule of Criminal Procedure 11(c)(1)(C) that also included

an appeal waiver, the district court1

 sentenced Ruiz to 240 months in prison and also

imposed a consecutive 60-month sentence because he committed the offense while on

supervised release for a prior offense. Ruiz appeals the sentence. His counsel filed

a brief under Anders v. California, 386 U.S. 738 (1967), and moved to withdraw,

arguing that we should set aside the appeal waiver and overturn a two-level dangerous
-2-

weapon enhancement; that Ruiz’s prior counsel was ineffective; and that the district

court erred in refusing to recommend that Ruiz be housed with his son, a co-defendant

in the case. Ruiz filed a pro se supplemental brief arguing that sentencing him to more

than 240 months in prison breached the plea agreement.

We enforce the appeal waiver and reject Ruiz’s challenge to the two-level

dangerous weapon enhancement. The record persuades us that the plea agreement and

appeal waiver were entered into knowingly and voluntarily, and that no miscarriage

of justice results from enforcing the waiver. See United States v. Andis, 333 F.3d

886, 889-92 (8th Cir. 2003). In addition, the consecutive sentence imposed for Ruiz’s

separate violation of supervised release was not inconsistent with the plea agreement,

which addressed only the later offense. Indeed, in a separate statement filed along

with the plea agreement, Ruiz acknowledged that an additional sentence might result

if he committed the drug offense while on probation for a prior offense.

We decline to consider Ruiz’s ineffective-assistance claim on direct appeal; it

should be raised in a 28 U.S.C. § 2255 motion. See United States v. McAdory, 501

F.3d 868, 872-73 (8th Cir. 2007). The district court committed no reversible error in

declining to recommend that Ruiz be placed at a facility with his son, as the United

States Bureau of Prisons designates an inmate’s place of confinement. See 18 U.S.C.

§ 3621(b). We have independently reviewed the record pursuant to Penson v. Ohio,

488 U.S. 75 (1988), and find no nonfrivolous issues. Accordingly, we affirm the

judgment of the district court and grant counsel’s motion to withdraw, conditioned on

counsel informing Ruiz of the procedures for seeking rehearing from this court and

petitioning the Supreme Court for a writ of certiorari.

______________________________
Order entered November 2 6 , 2018

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 18
- 00640
- CR QUINCY NATHANIEL JON ES, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7

Dallas County, Texas Trial Court Cause No. F16
- 45744
- Y



### O RDER
T he reporter’s record was due September 22, 2018. When it was not filed, we notified court reporter Vearneas Faggett by postcard dated September 26, 2018 and inst ructed her to file, by October 26, 2018, the reporter’s record or written verification appellant had not requested the reporter’s record. To date, we have not received the reporter’s record or written verification it has not been requested; nor have we had any communication from Ms. Faggett.
We ORDER the complete reporter’s record filed BY DECEMBER 10 , 2018 . We caution Ms. Faggett that the failure to do so will result in the Court taking whatever remedies it has available to ensure that the appeal proceeds in a timely fashion, which may include ordering that she not sit until the complete reporter’s record is filed.We DIRECT the Clerk to send copies of this order to the Honorable Stephanie Fargo,

Presiding Judge, Criminal District Court No. 7; Vearneas Fag gett, court reporter, Criminal District Court No. 7; and to counsel for all parties.
/s/ LANA MYERS JUSTICE
Exhibit 32



Certification

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of
the undersigned officers of CuraGen Corporation, a Delaware corporation (the Company), does hereby certify, to such officers knowledge, that:



The Annual Report for the year ended December 31, 2004 (the Form 10-K) of the Company fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                      |  |  |  |     |  |                                    |  |                                                                                                             
|--------------------- |  |  |  | --- |  | ---------------------------------- |  | ------------------------------------------------------------------------------------------------------------
|                      |  |  | 
|Dated: March 14, 2005 |  |  |  | By: |  | /s/    JONATHAN M. ROTHBERG,
PH.D.
|                      |  |  |  |     |  |                                    |  | Jonathan M. Rothberg, Ph.D.                                                                                 
|                      |  |  |  |     |  |                                    |  | Chief Executive Officer, President and Chairman of the Board (principal executive officer)                  
|                      |  |  | 
|Dated: March 14, 2005 |  |  |  | By: |  | /s/    DAVID M. WURZER            
|                      |  |  |  |     |  |                                    |  | David M. Wurzer                                                                                             
|                      |  |  |  |     |  |                                    |  | Executive Vice President, Treasurer and Chief Financial Officer (principal financial and accounting
officer)



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.
----

----

| Name of the Company                           |   | Country ofIncorporation |   | Percentage ofOwnershipInterest |   |
|-----------------------------------------------|--------|-------------------------|--------|--------------------------------|--------|
|                                          |   |                    |   |                           |   |
| Subsidiaries:                                 |   |                    |   |                           |   |
| W.F.D. (import, marketing and trading) Ltd.   |   | Israel                  |   |                           | 100    | % |
| Gold Frost Ltd.                               |   | Israel                  |   |                           | 100    | % |
| Gold Frost Subsidiaries:                      |   |                    |   |                           |   |   |
| Willi-Food Quality Cheeses Ltd.               |   | Israel                  |   |                           | 100    | % |
| Gold Frost Cheeses World Ltd.                 |   | Israel                  |   |                           | 100    | % |
| Gold Cheeses Ltd.                             |   | Israel                  |   |                           | 100    | % |
| Cheeses Farm Ltd.                             |   | Israel                  |   |                           | 100    | % |
| Willi-Frost Ltd.                              |   | Israel                  |   |                           | 100    | % |
|                                          |   |                    |   |                           |   |   |
| WF Kosher Food Distributors Ltd. - Non Active |   | USA                     |   |                           | 100    | % |

----

----
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

CORNELIUS GRAHAM, 

 Defendant - Appellant. 

No. 18-3136 

(D.C. Nos. 6:16-CV-01173-JTM & 

6:99-CR-10023-JTM-1) 

(D. Kan.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges. 

_________________________________ 

This matter comes on for consideration of the Motion of the United States for 

Summary Affirmance and the response filed thereto by Defendant Cornelius Graham. 

The United States moves for summary affirmance of the district court’s dismissal of 

Mr. Graham’s 28 U.S.C. § 2255 motion based on this court’s recent published 

decision in United States v. Pullen, 913 F.3d 1270 (10th Cir. 2019), en banc rev. 

denied April 15, 2019. While Mr. Graham does not dispute that United States v.

Greer, 881 F.3d 1241 (10th Cir. 2018), and Pullen control the outcome of this appeal 

 * After examining the briefs and appellate record, this panel has determined 

unanimously that oral argument would not materially assist in the determination of 

this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore 

ordered submitted without oral argument. This order and judgment is not binding 

precedent, except under the doctrines of law of the case, res judicata, and collateral 

estoppel. It may be cited, however, for its persuasive value consistent with 

Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

May 6, 2019

Elisabeth A. Shumaker 

Clerk of Court
2 

and does not contest summary affirmance of the district court’s judgment, he reserves 

the right to petition the Supreme Court of the United States for certiorari review. 

 Accordingly, the government’s motion for summary affirmance is granted. The 

judgment of the district court is AFFIRMED. 

Entered for the Court 

Per Curiam
<PAGE>   1
                                                                    EXHIBIT 10.8


          BANK OF AMERICA N.A.

                      SECOND MODIFICATION OF LOAN AGREEMENT

                                                                     51-557924RC

        THIS SECOND MODIFICATION OF LOAN AGREEMENT ("this Agreement") is made as
        of December   , 1999, but is in all respects effective November 29,
        1999, by and between Proxicom, Inc. (the "Borrower") and Bank of
        America, N.A. (the "Bank"), witnesseth:

        WHEREAS, the Borrower executed a loan agreement ("the Loan Agreement")
        outlining specific terms and conditions governing the Loan, and

        WHEREAS, the Borrower has requested and the Bank has agreed to renew the
        Loan provided that the Borrower executed this Agreement.

        NOW, THEREFORE, in consideration of the premises, the sum of $1.00 and
        other good and valuable consideration, the receipt of which is hereby
        acknowledged, the parties hereto agree as follows:

        1)      The statement set forth above are true and accurate in every
                respect and are incorporated herein by reference.

        2)      The Loan Agreement is hereby amended as follows:

                Paragraph 6.1. (ix) is hereby deleted in its entirety.

        3)      Except as expressly amended herein, all of the provisions of the
                Loan Agreement shall remain in full force and effect. This
                Agreement shall in no way operate as a novation, release, or
                discharge of any of the provisions of the Loan Agreement (except
                as amended herein), or any indebtedness thereby evidenced.

        IN WITNESS WHEREOF, and intending to create an instrument executed under
        seal, the Borrower and the Bank have duly executed this Agreement under
        seal as of the day and year first written above.






                               BORROWER:
                               Proxicom, Inc.

                               BY:   /s/ CHRISTOPHER CAPUANO          (SEAL)
                                  ------------------------------------------
                               Christopher Capuano, Vice President

                               BANK:
                               BANK OF AMERICA, N.A.

                               BY:   /s/ JEAN REEVIS CROSS           (SEAL)
                                  -----------------------------------------
                               Jean Reevis Cross, Vice President
[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Page 25875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10979]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1900-DR; Docket ID FEMA-2010-0002]


Minnesota; Amendment No. 1 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Minnesota (FEMA-1900-DR), dated April 19, 2010, and 
related determinations.

DATES: Effective Date: May 4, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Minnesota is hereby amended to include the following 
areas among those areas determined to have been adversely affected by 
the event declared a major disaster by the President in his declaration 
of April 19, 2010.

    Cottonwood, McLeod, Pennington, Ramsey, Red Lake, and Stevens 
Counties and the Prairie Island Indian Community for Public 
Assistance.

    The following Catalog of Federal Domestic Assistance Numbers 
(CFDA) are to be used for reporting and drawing funds: 97.030, 
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster 
Unemployment Assistance (DUA); 97.046, Fire Management Assistance 
Grant; 97.048, Disaster Housing Assistance to Individuals and 
Households In Presidentially Declared Disaster Areas; 97.049, 
Presidentially Declared Disaster Assistance--Disaster Housing 
Operations for Individuals and Households; 97.050, Presidentially 
Declared Disaster Assistance to Individuals and Households--Other 
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially 
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-10979 Filed 5-7-10; 8:45 am]
BILLING CODE 9111-23-P
Exhibit
32.2





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 Annual Report of
Bluefly, Inc. (the “Company”) on Form 10-K for the year ending December 31,
2009, as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Kara B. Jenny, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:





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.





/s/ Kara B. JennyKara
      B. JennyChief
      Financial OfficerFebruary
      18, 2010
**EXHIBIT
      32.1**




**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT BY**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








In
      connection with the Quarterly Report
      of Omega Ventures Group, Inc., on Form 10-QSB for the period ending March 31,
      2007 as filed with the Securities and Exchange Commission on the date hereof
      (the *"Report"*), the undersigned, John Hickey, Principal Executive
      Officer of the Company, certifies, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:





(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
      result of operations of the Company.








Date:
                May 15, 2007
            By:
            /s/ John
              HickeyJohn
              HickeyPrincipal
              Executive Officer
Order entered April 18, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01621-CR

No. 05-12-01622-CR

JOSHUA PULLIAM-ROBERTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause Nos. F12-34121-J, F12-34219-J

ORDER

The Court GRANTS appellant’s April 4, 2013 motion to supplement the record.

We ORDER the Dallas County District Clerk to file a supplemental clerk’s record within 

FIFTEEN DAYS from the date of this order that contains a competency report from Dr. 

Michael Pittman or written verification that you do not have the report.

We ORDER the Clerk of the Court to send a copy of this order to Gary Fitzsimmons, 

Dallas County District Clerk, and counsel for all parties.

We ORDER appellant to file his brief within FORTY-FIVE DAYS from the date of this 

order.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
**EXHIBIT 10.58**

 

(LOGO)

 
|   | AT&T  Services, Inc. |
|--------|-------------------------------|
|   | One  AT&T Way             |
|   | Room 1C146A              |
|   | Bedminster,  NJ 07921         |

 

December 1,2008

 

Mr. ChrisPaoletti

StarTek, Inc.

100Garfield St.

Denver,CO 80206

 

Re:  Notice of Termination — Agreement No. 20070105.006.S.002for Tier III Service Management

 

DearMr. Paoletti

 

Thisletter is to notify you that AT&T Services Inc. hereby exercises its optionto terminate for convenience Agreement No.20070105.006.S.002, in accordancewith Section 3.4 Cancellation and Termination, Paragraph b. Termination,of Agreement No. 20070105.006.C.

 

Accordingly,the Agreement will terminate on December 31, 2008.

 

 

Sincerely,

 
| /s/  Kathy Holzer-Muniz                          |   |
|--------------------------------------------------|--------|
|                                             |   |
| Kathy  Holzer-Muniz                              |   |
| Sr.  Contract Manager, Global Strategic Sourcing |   |

 

 
| Cc:    |                                                             |   |
|--------|------------------------------------------------------------------|--------|
|   | Startek,  Larry Jones, president, CEO and acting Chief Financial |

 

----
`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1982 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 423
106th CONGRESS
  1st Session
                                S. 1982

  To clarify the standing of United States citizens to challenge the 
  blocking of assets by the United States under the Foreign Narcotics 
                        Kingpin Designation Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 1999

   Mr. Levin (for himself, Mr. Shelby, Mr. Kerrey, and Mr. Roberts) 
introduced the following bill; which was read twice and ordered placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
  To clarify the standing of United States citizens to challenge the 
  blocking of assets by the United States under the Foreign Narcotics 
                        Kingpin Designation Act.

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

SECTION 1. CLARIFICATION OF STANDING OF UNITED STATES CITIZENS TO 
              CHALLENGE BLOCKING OF ASSETS.

    Notwithstanding any provision of the Foreign Narcotics Kingpin 
Designation Act (title VIII of the Intelligence Authorization Act for 
Fiscal Year 2000), no provision of the Foreign Narcotics Kingpin 
Designation Act shall be construed to prohibit a United States citizen 
from raising any challenge available to the United States citizen as of 
November 19, 1999, under subchapter II of chapter 5 and chapter 7 of 
title 5, United States Code (commonly referred to as the Administrative 
Procedures Act), or any other provision of law, with respect to the 
blocking of assets by the United States under the Foreign Kingpin 
Designation Act.
                                     





                                                       Calendar No. 423

106th CONGRESS

  1st Session

                                S. 1982

_______________________________________________________________________

                                 A BILL

  To clarify the standing of United States citizens to challenge the 
  blocking of assets by the United States under the Foreign Narcotics 
                        Kingpin Designation Act.

_______________________________________________________________________

                           November 19, 1999

             Read twice and ordered placed on the calendar`