alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 22-20642 Summary Calendar

____________ United States of America, Plaintiff—Appellee ,

versus Michael Deblasio, Defendant—Appellant

.

______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-457-1

______________________________ Before Jones, Southwick, and Ho, Circuit Judges

. Per Curiam: * The attorney appointed to represen t Michael Deblasio has moved for leave to withdraw and has file d a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Deblasio has filed a response. The record is not sufficiently developed to allow us to make a fair evaluation of Deblasio’s claims of ineffective

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED August 1, 2023 Lyle W. Cayce Clerk Case: 22-20642 Document: 00516842726 Page: 1 Date Filed: 08/01/2023No. 22-20642

2 assistance of counsel; we therefore de cline to consider the claims without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as De blasio’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, th e motion for leave to withdraw is GRANTED , counsel is excused from further responsibilities herein, Deblasio’s motion for an extension to find and retain an attorney is DENIED, and the appeal is DISMISSED

. See 5th Cir. R . 42.2. Case: 22-20642 Document: 00516842726 Page: 2 Date Filed: 08/01/2023
Exhibit 4(v)



                              CERTIFICATE OF TRUST
                                       OF
                        EMPIRE DISTRICT ELECTRIC TRUST II



     This Certificate of Trust of Empire District Electric Trust II (the
"Trust"), dated February 6, 2001, is being duly executed and filed by the
undersigned, as trustees, to form a business trust under the Delaware Business
Trust Act (12 Del. C. Section 3801 et seq.).

     1. Name. The name of the business trust being formed hereby is "Empire
District Electric Trust II."

     2. Delaware Trustee. The name and business address of the trustee of the
Trust with a principal place of business in the State of Delaware are as
follows:

                  The Bank of New York (Delaware)
                  White Clay Center
                  Route 273
                  Newark, Delaware  19711

     3. Effective Date. This Certificate of Trust shall be effective immediately
upon its filing with the Secretary of State of the State of Delaware.




<PAGE>



     In Witness Whereof, the undersigned, being all of the trustees of the
Trust, have executed this Certificate of Trust as of the date first above
written.



                              WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION,
                              as Property Trustee


                              By:   /s/ Michael T. Lechner
                                    --------------------------------------------
                                    Name:  Michael T. Lechner
                                    Title:    Corporate Trust Officer


                              THE BANK OF NEW YORK (DELAWARE),
                              as Delaware Trustee


                              By:   /s/ Patrick Burns
                                    --------------------------------------------
                                    Name: Patrick Burns
                                    Title:    Senior Vice President


                              /s/ Myron W. McKinney
                              --------------------------------------------------
                              Myron W. McKinney, as Administrative Trustee


                              /s/ David W. Gibson
                              --------------------------------------------------
                              David W. Gibson, as Administrative Trustee



                                      -2-
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway, J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk March 18, 2009

jm 

# Order

March 18, 2009

138342 (21)

CHARLES WILLIAM VAUGHN,

Plaintiff-Appellant,

v SC: 138342
COA: 287786 DEPARTMENT OF CORRECTIONS,

Defendant-Appellee.

___________________ ________________

On order of the Chief Ju stice, the motion to waive f ees is considered and it
is DENIED because MCL 600.2 963 requires that a prisone r pursuing a civil action be liable for filing fees. Within 21 days of the certification of this order, plaintiff shall pay to the Clerk of the Court the initial partial filing fee of $47.00, shall submit a copy of this order with the payment, and shall refile the copy of the pleadings which is being returned
with this order. Failure to comply with this orde r shall result in the appeal not being
filed in this Court. If plaintiff timely files the partial fee and refiles the pleadings, monthly payments shall be made to the Department of Corrections in an amount of 50 percent of the deposits made to plain tiff’s account until the payments equal the balance due of $328.00. This amount shall then be remitted to this Court. Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in this Court until the entry fee in this case is paid in full.
The Clerk of the Court sh all furnish two copies of this order to plaintiff and return plaintiff’s pleadings with this order.
## In The Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 13

- 00136

- CV

2003 CHEVROLET 1500 PU, VIN #1GCEC19T63Z252738, ET AL., Appellant s

V.
THE STATE OF TEXAS, Appellee

On Appeal from the 62nd District Court Hopkins County, Texas Trial Court No. CV41739

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter2 

### MEMORANDUM OPINION

Jeremy Banks, appellant, filed his notice of appeal October 22, 2013. The clerk’s record

in this matter was due to be filed with this Court on or before December 2, 2013. The clerk’s

record has not been filed, and there is no indication that Banks has ma de any effort to obtain a
record. On January 8, our clerk’s office wrote to Banks warning him that as he is not indigent
, he is responsible for payment of the fees related to preparation of the clerk’s record. See T EX

. R.

A PP

. P. 20.1
, 35.3(a)(2), (b)(3)
, 37.3(b). We also reminded Banks that the $195.00 filing fee has

not been paid for his appeal.
By letter dated January 8, 2014, and pursuant to Texas Rules of Appellate Procedure
37.3(b) and 42.3(b), we provided Banks notice of and an opportunity to cur e these defects and
warned him that if we did not receive an adequate response to our defect letter within ten days,

then this appeal would be subject to dismissal for want of prosecution. See T EX

. R. A PP

. P.

37.3(b), 42.3(b).
An additional twenty

- five days have now elapsed without response or action by Banks.
Pursuant to Texas Rules of Appellate Procedure 37.3(b) and 42.3(b), we dismiss this appeal for
want of prosecution. See id

.

Jack Carter Justice

Date Submitted: February 6, 2014 Date Decided: February 7, 2014
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Page 25262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10910]



[[Page 25262]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration on Aging


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Extension of Current Program Announcement and 
Grant Application Template for Older Americans Act Title IV 
Discretionary Grants Program

AGENCY: Administration on Aging, HHS.

ACTION: Notice.

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

SUMMARY: The Administration on Aging (AoA) is announcing that the 
proposed collection of information listed below has been submitted to 
the Office of Management and Budget (OMB) for review and clearance 
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments on the collection of information by June 
7, 2010.

ADDRESSES: Submit written comments on the collection of information by 
fax 202.395.6974 to the OMB Desk Officer for AoA, Office of Information 
and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Lori Stalbaum, (202)357-3452 or 
<a href="/cdn-cgi/l/email-protection#cba7a4b9a2e5b8bfaaa7a9aaa68baaa4aae5a3a3b8e5aca4bd"><span class="__cf_email__" data-cfemail="1e72716c77306d6a7f727c7f735e7f717f3076766d30797168">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, AoA has 
submitted the following proposed collection of information to OMB for 
review and clearance.
    AoA is requesting an extension of the currently approved Program 
Announcement and Application Instructions Template for the Older 
Americans Act Title IV Discretionary Grants Program. This template 
provides the requirements and instructions for the submission of an 
application for discretionary grants funding opportunities. The 
template may be found on the AoA Web site at http://www.aoa.gov/AoARoot/Grants/Funding/overview.aspx.
    AoA estimates the burden of this collection of information as 
follows:
    Frequency: 10-15 Title IV Program Announcements published annually.
    Respondents: State agencies, public agencies, private non-profit 
agencies, institutions of higher education, and organizations including 
tribal organizations.
    Estimated Number of Responses: 300 annually.
    Total Estimated Burden Hours: 14,400.

    Dated: May 4, 2010.
Kathy Greenlee,
Assistant Secretary for Aging.
[FR Doc. 2010-10910 Filed 5-6-10; 8:45 am]
BILLING CODE 4154-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
United States Court of Appeals

for the Fifth Circuit

No. 21-40261

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Jose Luis Gutierrez-Romo, 

Defendant—Appellant.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:20-CR-836-1

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Jose Luis 

Gutierrez-Romo has moved for leave to withdraw and has filed a brief in 

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

v. Flores, 632 F.3d 229 (5th Cir. 2011). Gutierrez-Romo has not filed a 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 13, 2021

Lyle W. Cayce

Clerk

Case: 21-40261 Document: 00516128508 Page: 1 Date Filed: 12/13/2021
No. 21-40261

2

response. We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein. We concur with counsel’s assessment that the 

appeal presents no nonfrivolous issue for appellate review. Accordingly, 

counsel’s motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5th Cir. R. 42.2.

Case: 21-40261 Document: 00516128508 Page: 2 Date Filed: 12/13/2021
Exhibit 10.73

LOGO

March 3,
2005

Mr. Craig
Ryall
945 Dove Run
Olivenhain, CA 92024

RE:
Amendment to Executive Employment Agreement

Dear
Craig:

This
letter sets forth the agreement between you and Peregrine Systems, Inc. (the "Company") to amend the terms of the Executive
Employment Agreement between you and the Company, dated as of July 1, 2002 (the "Employment Agreement"), as set forth herein (the
"Amendment").

The
Company and the Executive hereby agree that effective as of February 22, 2005:

1.     The
second sentence of Section 7.2 of the Employment Agreement shall be deleted in its entirety and replaced with the following:



2.     A
new Section 7.4 shall be added to the Employment Agreement and shall provide the following:



---





3.     Except
as modified by this Amendment, the Employment Agreement shall remain unchanged and shall remain in full force and effect.

|                                                 | Sincerely,                        
|------------------------------------------------ | ----------------------------------
|                                                 | John Mutch
Chief Executive Officer
|Acknowledged and agreed
to as of March    , 2005 |                                   
|Craig Ryall                                      |                                   

2

---



QuickLinks
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

(Filed: September 23, 2014 )

* * * * * * * * * * * * * * * UNPUBLISHED

CAROLINE COURBOIS

, *

* No. 13

- 939 V

Petitioner, *

*

v. * Special Master Hamilton

- Fieldman

*

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * Ruling on Entitlement; Conceded;

* Influenza (Flu) Vaccine; Shoulder I njury

Respondent. * Re lated to Vaccine Administration

* ( SIRVA )

. * * * * * * * * * * * * * * *

Peter Meyers , National Law Center, Washing ton, D.C., for P etitioner.

Michael Milmoe , United States Department o f Justice, Washington, D

. C

. , for R espondent.

RULING ON ENTITLEMENT 1

On November 27 , 2013

, Caroline Courbois (“P etitioner”) filed a petition for

compensation under the National Vaccine Injury Compensation Program (“ the Program”)

. 2

Petitioner alleged that a n influenza (“flu”) vaccination she received on January 10 , 2013 caused

her to suffer from a shoulder injury related to vaccine administration ( “ SIRVA ” )

.

On September 22 , 2014

, R espondent filed a report pursuant to Vaccine Rule 4(c) in

wh ich she concedes that P etitioner is entitled to compensation in this case. Specifically,

R espondent agrees that Petitioner ’ s alleged injury is consistent with SIRVA

. Based on a review

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the

undersigned intends to post this decision on the website of the United States Court of Federal

Claims, in accordance with the E

- Government Act of 2002 § 205, 44 U.S.C. § 3501 (2006). In

accordance wi th the Vaccine Rules, each party has 14 days within which to request redaction “of

any information furnished by that party: (1) that is a trade secret or commercial or financial in

substance and is privileged or confidential; or (2) that includes medical f iles or similar files, the

disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule

18(b). Further, consistent with the rule requirement, a motion for redaction must include a

proposed redacted decision. If, upon rev iew, the undersigned agrees that the identified material

fits within the requirements of that provision, such material will be deleted from public access.

2 The Program comprises Part 2 of the National Childhood Vaccine Injury Act of 1986, 42

U.S.C. §§ 30 0aa

- 10 et seq

. (hereinafter “Vaccine Act” or “the Act”). Hereafter, individual

section references will be to 42 U.S.C. § 300aa of the Act.of the medical records, R espondent con cludes that P etitioner has satisfied all legal prerequisites

for compensation unde r the Act.

A special master may determine whether a p etitioner is entitled to compensation based

upon the record. A hearing is not required. §300aa

- 13; Vaccine Rule 8(d). In light of

R espondent’s concession and a review of the record, the unders igned finds that P etitioner is

entitled to compensation. This matter shall now proceed to the damages phase.

IT IS SO ORDERED.

s/ Lisa Hamilton

- Fieldman

Lisa Hamilton

- Fieldman

Special Master

2
<PAGE>
<PAGE>   1
                                                     Exhibit 15.1





August 5, 1997

To the Board of Directors and 
Shareholders of
First Western Bancorp, Inc.
New Castle, Pennsylvania 16103


We have made a review, in accordance with standards established by the
American Institute of Certified Public Accountants, of the unaudited
interim financial information of First Western Bancorp, Inc. and
subsidiaries for the periods ended June 30, 1997 and 1996, as
indicated in our report dated July 15, 1997, because we did not
perform an audit, we expressed no opinion on that information.

We are aware that our report referred to above, which is included in
your Quarterly Report on Form 10-Q for the quarter ended June 30, 1997,
is incorporated by reference in the Registration Statements of First
Western Bancorp, Inc. on Form S-8 (No. 33-46923) for the First Western Bancorp,
Inc. 401(k) Profit-Sharing and Stock Bonus Plan, on Forms S-8 (Nos. 33-00528
and 33-50372) for the First Western Bancorp, Inc. Incentive Stock Option 
Plan for Key Employees, Form S-3 (No. 33-40596) for the First Western Bancorp,
Inc. Dividend Reinvestment and Additional Stock Purchase Plan, and on 
Form S-4 (No. 33-29387) for the First Western Capital Trust I.

We also are aware that the aforementioned report, pursuant to Rule
436(c) under the Securities Act of 1933, is not considered a part of the
Registration Statements prepared or certified by an accountant or a
report prepared or certified by an accountant within the meaning of
Sections 7 and 11 of that Act.


/s/ DELOITTE & TOUCHE LLP
DELOITTE & TOUCHE LLP

Pittsburgh, Pennsylvania
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER







PURSUANT TO 18 U.S.C. SECTION 1350



In connection with this Annual Report of Premier Holding Corp (the Company) on Form 10-K for the period ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack Gregory, the Chief Executive Officer and Director 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 to my knowledge:



1.   Such Quarterly Report on Form 10-K for the period ending December 31, 2009, 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 such Annual Report on Form 10-K for the period ending December 31, 2009, fairly presents, in all material respects, the financial condition and results of operations of the Company.



Dated:  March 25, 2010











/s/Jack Gregory

Jack Gregory

Chief Executive Officer and Director
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Tower Bancorp, Inc. (the Company) for the period ended June 30,
2010, as filed with the Securities and Exchange Commission (the Report), I, Andrew S. Samuel, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 the operations of the Company as of and for the period covered by the Report.



|                     |  |  |  |     |  |                                      
|-------------------- |  |  |  | --- |  | -------------------------------------
|Date: August 9, 2010 |  |  |  | By: |  | /s/ Andrew S. Samuel                 
|                     |  |  |  |     |  | Andrew S. Samuel                     
|                     |  |  |  |     |  | President and Chief Executive Officer
|                     |  |  |  |     |  | (Principal Executive Officer)
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
       
<S>                              <C>
<PERIOD-TYPE>                            12-MOS            
<FISCAL-YEAR-END>                   DEC-31-1998       
<PERIOD-END>                        DEC-31-1998       
<CASH>                                2,830,000   
<SECURITIES>                                  0   
<RECEIVABLES>                                 0   
<ALLOWANCES>                                  0   
<INVENTORY>                             429,000   
<CURRENT-ASSETS>                      6,653,000   
<PP&E>                                  596,000   
<DEPRECIATION>                           99,000   
<TOTAL-ASSETS>                        7,165,000   
<CURRENT-LIABILITIES>                   773,000   
<BONDS>                                       0   
<PREFERRED-MANDATORY>                         0   
<PREFERRED>                                   0   
<COMMON>                                 34,000   
<OTHER-SE>                            6,358,000   
<TOTAL-LIABILITY-AND-EQUITY>          7,165,000   
<SALES>                                 243,000   
<TOTAL-REVENUES>                        243,000   
<CGS>                                   297,000   
<TOTAL-COSTS>                         2,616,000   
<OTHER-EXPENSES>                              0   
<LOSS-PROVISION>                              0   
<INTEREST-EXPENSE>                            0   
<INCOME-PRETAX>                     (2,528,000)  
<INCOME-TAX>                             50,000   
<INCOME-CONTINUING>                 (2,478,000)  
<DISCONTINUED>                      (1,178,000)  
<EXTRAORDINARY>                               0   
<CHANGES>                                     0   
<NET-INCOME>                        (3,656,000)  
<EPS-PRIMARY>                            (1.32)  
<EPS-DILUTED>                            (1.32)  
                                


</TABLE>