alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-41072

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE MARTIN GARAY-ACEVEDO,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:13-CR-485-1

Before WIENER, OWEN, and HAYNES, Circuit Judges. 

PER CURIAM:*

Jose Martin Garay-Acevedo pleaded guilty to one count of attempted 

illegal reentry after a previous deportation and received a within-guidelines 

sentence of 24 months in prison. On appeal, Garay-Acevedo argues only that 

the written judgment incorrectly states that his offense of conviction is illegal 

reentry rather than attempted illegal reentry. He requests a remand to correct 

the judgment. The conviction and sentence imposed by the district court are 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 18, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-41072 Document: 00512668977 Page: 1 Date Filed: 06/18/2014
No. 13-41072

AFFIRMED. However, we REMAND to the district court for the limited 

purpose of correcting the judgment to reflect the correct offense of conviction.

2

 Case: 13-41072 Document: 00512668977 Page: 2 Date Filed: 06/18/2014
APPROVED RESOLUTIONS OF THE

JUNE 27, 2011, MEETING OF THE BOARD OF REGENTS

VOTED that the Board of Regents approves Phase I of the Smithsonian Branding Strategy as

presented by the Secretary.

VOTED that the Board of Regents recognizes the generosity of Anne R. and G. Wayne Clough to

the Smithsonian and creates and names the Anne R. and G. Wayne Clough Endowment, an

endowment to encourage and support undergraduate students who wish to intern at the

Smithsonian.  

VOTED that the Board of Regents recognizes the generosity of the Terra Foundation for

American Art to the Archives of American Art and names the Terra Foundation Project Manager

For Online Scholarly and Educational Initiatives, for five years; and names the section of the

Archives of American Art’s website into which are grouped the collection materials digitized

using this grant the Terra Foundation Center for Digital Collections, for 15 years.

VOTED that the Board of Regents recognizes the generosity of the Parnassus Foundation and its

principals, Raphael and Jane Bernstein, to the Freer Gallery of Art and the Arthur M. Sackler

Gallery, and creates and names the Jane and Raphael Bernstein/Parnassus Endowment to

support Japanese art and culture at the Galleries.

VOTED that the Board of Regents recognizes and commends the generosity of the National Air

and Space Museum Board to that museum and creates the National Air and Space Museum

Director’s Endowment to support museum priorities as determined by the director.

VOTED that the Board of Regents recognizes the generosity of Lloyd Herman to the Smithsonian

American Art Museum and its Renwick Gallery and names the Lloyd Herman Curator of Craft

position in perpetuity.  

VOTED that the Board of Regents recognizes the generosity of the donors to the Smithsonian

Institution Libraries and creates and names the Ronald J. and Deborah A. Monark Endowment

for the benefit of the Smithsonian Institution Libraries in support of its Director’s Fund.

VOTED that the Board of Regents appoints Frank Levinson and Steven Hoch to the Smithsonian

Institution Tropical Research Institute Advisory Board for four‐year terms effective immediately.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2584 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2584

  To provide for the allocation of interest accruing to the Abandoned 
             Mine Reclamation Fund, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2000

 Mr. Robb (for himself and Mr. Warner) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To provide for the allocation of interest accruing to the Abandoned 
             Mine Reclamation Fund, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coal Accountability and Retired 
Employee Act for the 21st Century''.

SEC. 2. TREATMENT OF CERTAIN FUNDS FOR MINER BENEFITS.

    (a) Reallocation.--Notwithstanding any other provision of law, 
interest credited to the fund established by section 401 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) not 
transferred to the Combined Fund identified in section 402(h)(2) of 
such Act prior to the date of enactment of this Act shall be 
transferred to such Combined Fund within 30 days after the enactment of 
this Act for the purpose set forth in section 402(h)(2) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)) as 
amended by this Act.
    (b) Amendments to Surface Mining Act.--Section 402 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended 
as follows:
            (1) In subsection (g)(2) strike ``including that interest 
        accruing as provided in section 401(e) and''.
            (2) In subsection (h)(2)--
                    (A) Strike ``sum of--'' and all that follows 
                through ``$70,000,000'' and insert ``sum of the amount 
                of interest which the Secretary estimates will be 
                earned and paid to the fund during the fiscal year with 
                such amount used, notwithstanding any other provision 
                of law, to pay the amount of any shortfall in any 
                premium account for any plan year under the Combined 
                Fund''.
                    (B) Strike subparagraphs (A) and (B).
            (3) Strike paragraphs (3) and (4) of subsection (h).
                                 <all>
```
exv10w80






Exhibit 10.80




Executive Park West II

4720 Gettysburg Rd.

Mechanicsburg, PA 17055




First Addendum to Lease Agreement



This first amendment is made as of the 6th day of March, 2009, by and between Old Gettysburg
Associates II, LP, a (“Landlord”), and Select Medical Corporation, a (“Tenant”).




BACKGROUND:





	A.	 	Landlord and Tenant are parties to that certain Office Lease Agreement dated March 19, 2004
pursuant to which Landlord leased to Tenant, and Tenant leased from Landlord, approximately
2,579 rentable square feet of space known as Suite 304 (3rd floor, front right side
of building) in the building located at 4720 Gettysburg Rd., Mechanicsburg, Pennsylvania. All
capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the
Lease.






	B.	 	Landlord and Tenant now desire to amend the Lease as hereinafter set forth.




NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and
intending to be legally bound hereby, Landlord and Tenant agree as follows:





Effective on April 1, 2009, the following terms contained in the Basic Lease shall be
amended as follows:




	 	1.	 	Tenant will continue to lease 2,579 rentable square feet in suite 304 except that the
term as of April 1, 2009 shall be on a month to month basis at a rate of $22.12 per
rentable square foot. Monthly payments beginning April 1, 2009 will be $4,753.70. The
Expense Stop will remain in effect per the original lease agreement.
	 
	 	2.	 	This may be cancelled by either party with a 30 day notice.




All other terms and conditions contained in the Lease and not amended hereby remain in full force
and effect.




 









 




IN WITNESS WHEREOF, Landlord and Tenant have caused this first Amendment to be duly executed.




	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	Landlord: Old Gettysburg Associates II, LP	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	WITNESS:

	 	 	 	 	 	By:
	 	/s/ John Ortenzio	 	 
	 

	 	 

	 	 	 	 	 	 

	 	 
	 	 	 	 	 	 	Select Capital Commercial Properties, Inc.	 	 
	 	 	 	 	 	 	John Ortenzio, President	 	 
	 	 	 	 	 	 	Agent for Owner	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Tenant:
	 	 Select Medical Corporation	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	ATTEST:

	 	/s/ John F. Duggan
	 	 	 	By:
	 	/s/ Michael E. Tarvin	 	 
	 

	 	 
	 	 	 	 	 	 

	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	 	 	Michael E. Tarvin	 	 
	 

	 	 	 	 	 	 	 	 

(Print name)
	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	Name:

	 	John F. Duggan
 

	 	 	 	Title:
	 	Executive Vice President, General
Counsel & Secretary
II

106TH CONGRESS

2D SESSION S. 2664

To suspend temporarily the duty on machines used in the manufacture of

digital versatile discs.

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. COVERDELL introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on machines used in the

manufacture of digital versatile discs.

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

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new superior heading and subheading:
2

•S 2664 IS

‘‘ Liquid crystal

devices not constituting articles

provided for

more specifically

in other headings, lasers,

other laser diodes, other optical appliances,

and instruments,

not specified or

included elsewhere in chapter

90 (provided for

in subheading

9013.80.90):

9902.84.22 In-line mastering system

machines for

use in the

manufacture

of digital

versatile discs

(DVDs),

whether imported separately or as an

entirety .......... Free No change No change On or before

12/31/2003 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of enactment of this Act.

Æ
Key Terms of Compensation Arrangements for Named Executive Officers



 Exhibit 10.54 
 KEY TERMS OF COMPENSATION ARRANGEMENTS FOR 
 NAMED EXECUTIVE OFFICERS FOR FISCAL 2009

 The named executive officers of The Gymboree Corporation (the “Company”) each receive an annual salary, are eligible to participate in the
Company’s annual Bonus Plan, equity compensation plan and 401K plan, and receive medical, dental and vision insurance benefits. They are also eligible for benefits under the Company’s Amended and Restated Management Change of Control Plan,
including a payment equal to a multiple of annual compensation (as specified below), and benefits under the Company’s Amended and Restated Management Severance Plan, including a severance payment equal to 100% of base salary. Individual
compensation terms for the Company’s 2009 fiscal year are set forth below. 
  

										
	 Name and Principal Position
	  	Base
Salary	  	Target
Bonus
Payout*	 	 	Change of
Control
Multiple**	 
	 Matthew K. McCauley
 Chairman and CEO
	  	$	637,500	  	—  	 	 	300	%
	 Blair W. Lambert
 COO/CFO
	  	$	338,800	  	—  	 	 	300	%
	 Kip M. Garcia
 President
	  	$	374,000	  	—  	 	 	300	%
	 Marina Armstrong
 SVP, HR and Play & Music and Secretary
	  	$	338,800	  	—  	 	 	300	%
	 Lynda G. Gustafson
 VP, Corporate Controller
	  	$	207,000	  	40	%	 	200	%

  

	*	Designated as a percentage of base salary. For fiscal 2009, based on the economic environment and the anticipated challenges to the Company’s business, management requested
that participation in the annual Bonus Plan be suspended for Messrs. McCauley, Lambert and Garcia and Ms. Armstrong, and the Compensation Committee agreed. Incentive compensation for these senior executives for fiscal 2009 will consist solely
of performance-based restricted stock. 

  

	**	Designated as a percentage of base salary and average bonus for prior three full fiscal years.
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.                  

###### Department of Health and Human Services

# AGENCY:

National Institute for Occupational Safety and Health (NIOSH), Department of Health and Human Services (HHS).

# ACTION:

Notice.

# SUMMARY:

HHS gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees from the Mound site in Miamisburg, Ohio, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows:

*Facility:*                         Mound site.                    

*Location:*                         Miamisburg, Ohio.                    

*Job Titles and/or Job Duties:*                         All employees of the Department of Energy, its predecessor agencies, and their contractors and subcontractors who worked in the R and SW Buildings.                    

*Period of Employment:*                         March 1, 1959 through March 5, 1980.                    

# FOR FURTHER INFORMATION CONTACT:

                        Stuart L. Hinnefeld, Interim Director, Division of Compensation Analysis and Support, National Institute for Occupational Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 877-222-7570. Information requests can                               ( print page 27784)                            also be submitted by e-mail to                         *DCAS@CDC.GOV.*

John Howard,

Director, National Institute for Occupational Safety and Health.

[FR Doc. 2010-11875 Filed 5-17-10; 8:45 am]

BILLING CODE 4163-19-P
EXHIBIT 31.3

Certification of Chief Executive Officer Pursuant to

Securities Exchange Act Rules 13a-14(a) and 15d-14(a)

as Adopted
Pursuant to

Section 302 of the Sarbanes-Oxley Act of 2002

I, Marissa A. Mayer, certify that:



|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Yahoo! Inc. for the year ended December 31, 2013;
|-- | ---------------------------------------------------------------------------------------------------------------------------



|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; and
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|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.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated:
September 19, 2014



By:

/S/ MARISSA A. MAYERMarissa A. MayerChief Executive Officer
Exhibit 10.2






Exhibit 10.2




FIRST AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT

BETWEEN

TRINITY LIFE INSURANCE COMPANY

AND

INVESTORS HERITAGE LIFE INSURANCE COMPANY




Pursuant to mutual agreement by both parties, the original administrative services agreement
between these two parties dated January 11, 2007 is amended as follows:



Section 11 —Term and Termination shall now be amended to allow that this administrative agreement
will automatically terminate will respect to further processing services upon the date of
successful merger of Trinity Life Insurance Company (“TLIC) into First Life America Corporation
(“FLAC”), assuming that an administrative agreement between FLAC and Investors Heritage Life
Insurance Company is in place.



Further, any services required to account and report on previously processed TLIC operations as
well as work performed in combining TLIC and FLAC subsequent to this merger and contract
termination will be billed to FLAC or its designated affiliate based on an hourly rate for time
involved as negotiated and mutually agreed upon at the time of service.



	 	 	 	 	 	 	 	 	 	 	 	 	 
	TRINITY LIFE INSURANCE COMPANY (“TLIC”)	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	By:	 	/s/ Gregg Zahn	 	By:	 	/s/ Sherman Lay	 	 
	 	 	 	 	 	 	 	 	 
	 

	 	Title:
	 	President, CEO
	 	 	 	Title:
	 	CFO	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Date: 6/16/2009	 	Date: 6/10/2009	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	INVESTORS HERITAGE LIFE INSURANCE COMPANY (“ADMINISTRATOR”)	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	By:	 	/s/ Raymond Carr	 	By:	 	/s/ Harry Lee Waterfield II	 	 
	 	 	 	 	 	 	 	 	 
	 

	 	Title:
	 	VP and CFO
	 	 	 	Title:
	 	President	 	 
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Date: 6/10/2009	 	Date: 6/10/2009
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                  - Grant Management
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                    - Past Members
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### Supporting the Nation's Judicial System & the Public it Serves

#### 					ANNOUNCEMENT				

## New Podcast Just Released: The Battle Over Bail Reform

New Podcast! The National Association for Court Management (NACM) has just released a new podcast episode entitled: *The Battle Over Bail Reform: How 5 Courts are Coping with the Challenge Court Leader’s Advantage*. The episode addresses the ongoing debate over bail reform, discussions on reducing and/or eliminating cash bail, and the pivotal role that courts play.

#### LATEST NEWS & ANNOUNCEMENTS

                  -  Sixteen State Courts Participate in Groundbreaking Workshop for Racial Justice Education  Read More**   
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                  -  SJI Executive Director, Jonathan Mattiello, Congressional Briefing Panelist on Capitol Hill  Read More**   

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Exhibit
32.2




CERTIFICATIONS
OF THE CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002




In
connection with the Quarterly Report of Nutrition 21, Inc., a New York
corporation (the “Company”), on Form 10-Q for the quarter ended December 31,
2008, as filed with the Securities and Exchange Commission (the “Report”), Alan
Kirschbaum, Chief Financial Officer of the Company, does hereby certify,
pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to
his knowledge:




(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/     Alan
      KirschbaumAlan
      Kirschbaum
                Chief
      Financial Officer


February
12, 2009




A signed
original of this written statement required by Section 906 has been provided to
Nutrition 21, Inc. and will be retained by Nutrition 21, Inc. and furnished to
the Securities and Exchange Commission or its staff upon
request.