alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BESSIE PITT BURGESS v. CHARLES C. SIMPSON and His Wife, LENA P. SIMPSON.

(Filed 1 March, 1944.)

Wills §§ 33a, 35—

Under a will by a husband, devising all of his property to his wife, her executors, administrators, and assigns, forever, with further provision that at the end of the wife’s natural existence, should the whole or any part of the devise remain undisposed of by the wife, the same to go to testator’s nearest of kin, the wife acquires and may convey a fee simple title to the land devised.

Appeal by defendants from *Bone, J.,*at December Term, 1943, of Nash.

Controversy without action submitted on an agreed statement of facts.

Plaintiff, being under contract to convey a lot of land lying in tbe City of Rocky Mount, known as 326 S. Pearl Street, being tbe same property described in a deed from *W.*E. Parrish and wife, Maggie E. Parrish, to B. Gr. Burgess, recorded in Book 186, page 298, Nash County Registry, duly executed and tendered a deed therefor and demanded payment of tbe purchase price as agreed, but tbe defendant declined to accept tbe deed and refused to make payment, claiming that tbe title offered was defective.

Tbe sufficiency of tbe title offered was properly made to depend upon tbe construction of tbe -following clause in tbe will of tbe late B. G-. Burgess, to wit :

“I give, devise and bequeath to my beloved wife, Bessie Pitt Burgess, all of my worldly estate, real, personal or mixed, to which I shall be entitled at tbe time of my decease; to have and to bold to her and her executors, administrators and assigns, forever. However, let it be provided that at tbe end of my beloved wife’s natural existence, should tbe whole or any part thereof of my original estate remain undisposed of by *103ber, tbe same shall go to my nearest of kin, the same to be theirs absolutely, and in fee simple forever.”

Upon the facts agreed, the court being of the opinion that the deed tendered would convey an indefeasible, fee simple title to the lot of land described therein, gave judgment for the plaintiff in accordance with the agreement under which the controversy was submitted without action, from which the defendants appealed, assigning error.

*Battle, Winslow & M err ell for plaintiff, appellee.*

*F. S. Spruill for defendants, appellants.*

Pee CueiaM.

This case turns on the question as to whether the plaintiff, Bessie Pitt Burgess, acquired a fee simple title, or is able to convey such a title to the land devised to her by the will of her late husband, B. G. Burgess, quoted above. His Honor correctly held that the plaintiff did acquire and could convey a fee simple title to the land involved. This case is governed by the principles of law enunciated in *Lineberger v. Phillips,*198 N. C., 661, 153 S. E., 118, and upon its authority the judgment below is

Affirmed.
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 23-20027 Summary Calendar

____________ United States of America, Plaintiff—Appellant ,

versus Rafael Romero Segura, Defendant—Appellee

.

______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:21-CR-15-1

______________________________ Before Smith, Ho, and Engelhardt, Circuit Judges

. Per Curiam: * The government appeals the impositi on of concurrent sentences on Rafael Segura’s underlying conviction of discharging a firearm during and in relation to a crime of violence in viol ation of 18 U.S.C. § 924(c)(1)(A)(iii), and another federal sentence imposed in a different case for illegal reentry. The government asserts that consecutiv e sentences are statutorily mandated

_____________________

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

### FILED November 3, 2023 Lyle W. Cayce Clerk Case: 23-20027 Document: 00516955990 Page: 1 Date Filed: 11/03/2023No. 23-20027

2 under 18 U.S.C. § 924(c)(1)(D)(iii). The government preserved this argumen t in the district court; thus, we review for abuse of discretion. See United States v. Reyes-Lugo , 238 F.3d 305, 307–08 (5th Cir. 2001). “A district court abuses its discretion if it bases its decision on an error of law or a clearly erroneous assessment of the evidence.” United States v. Castillo , 430 F.3d 230, 238 (5th Cir. 2005) (internal quotation marks and citation omitted). We review questions of statutory construction or interpretation de novo

. United States v. Gomez , 960 F.3d 173, 176– 77 (5th Cir. 2020). The firearms conviction was subject to a ten-year statutory minimum. See § 924(c)(1)(A)(iii). Under the plai n language of § 924( c)(1)(D)(ii), that sentence is to be consecutive to any other term of imprisonment, federal or state, and the district court lacked disc retion, under 18 U.S.C. § 3584, to impose concurrent sentences. See United States v. Gonzales , 520 U.S. 1, 6, 11 (1997); see also Lora v. United States , 599 U.S. 453, 455 (2023); United States v. Krumnow , 476 F.3d 294, 298 (5th Cir. 2 007). “Given the straightforward statutory command” of a consecutive sentence, Gonzales , 520 U.S. at 6, the court erred by ordering that Segura’s § 924(c) sentence run concurrently with the illegal-reentry sentence, see id. at 6, 11; see also Krumnow , 476 F.3d at 298. For the foregoing reasons, Segura’s conviction is AFFIRMED , his sentence is VACATED , and this matter is REMANDED for resentencing. Case: 23-20027 Document: 00516955990 Page: 2 Date Filed: 11/03/2023
ACTIONS OF THE MAY 28, 2019, MEETING OF THE BOARD OF REGENTS

VOTED that the Smithsonian Institution Board of Regents elects Lonnie G. Bunch III as the 14th 

Secretary of the Smithsonian Institution pursuant to 20 U.S.C. § 44. [2019.05.01]

VOTED that the Board of Regents approves the compensation recommendation for the 14th 

Secretary of the Smithsonian Institution. [2019.05.02]
<PAGE>   1
                                                                   EXHIBIT 11.01

                                               Computation of Earnings Per Share
<PAGE>   2
                                                                   Exhibit 11.01

               Travelers Property Casualty Corp. and Subsidiaries
                        Computation of Earnings Per Share
                   (In millions, except for per share amounts)

<TABLE>
<CAPTION>
                                           Year ended December 31,
                                          -------------------------
                                          1996       1995      1994
                                          ----       ----      ----
<S>                                       <C>       <C>       <C>   
Earnings:
   Net income                             $ 391     $  419    $  188

   Preferred dividends - series Z            (4)      --        --
                                          -----     ------    ------

     Income applicable to common stock    $ 387     $  419    $  188
                                          =====     ======    ======

Average shares:
     Common                               367.1      294.5     294.5
                                          =====     ======    ======

Earnings Per Share:
     Net income                           $1.05     $ 1.42    $ 0.64
                                          =====     ======    ======
</TABLE>

Earnings per common share is computed after recognition of preferred stock
dividend requirements and is based on the weighted average number of common
shares and common share equivalents outstanding during the period. For purposes
of the computation of earnings per share, the weighted average number of common
shares and common share equivalents was computed by treating the common stock
issued within a one-year period prior to the initial filing of the registration
statement relating to the initial public offering (IPO) as outstanding for all
reported periods. This amount was then reduced by the dilutive effect of such
issuances of stock prior to the IPO determined by using the actual proceeds and
the number of shares that could have been repurchased using the IPO price as the
repurchase price for all periods presented. Fully diluted earnings per common
share assuming the dilutive effect of common stock equivalents, has not been
presented because the effects are not significant.
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 Great-West Life & Annuity Insurance Company, a Colorado
corporation (the "Company"), does hereby certify, to such officer's knowledge,
that:

The Quarterly Report on Form 10-Q for the quarter ended June 30, 2005 (the "Form
10-Q") of the Company fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934 and information contained in the
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Company.


Dated:   August 15, 2005    /s/William T. McCallum
                            ----------------------------------------------------
                            William T. McCallum
                            President and Chief Executive Officer


Dated:   August 15, 2005    /s/Mitchell T.G. Graye
                            ----------------------------------------------------
                            Mitchell T.G. Graye
                            Executive Vice President and Chief Financial Officer


The foregoing certification is being furnished solely 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) and is not being filed as part of the Form
10-Q or as a separate disclosure document.
Exhibit 32.2

CERTIFICATION PURSUANT TO TITLE 18, UNITED STATES CODE, SECTION 1350

As Adopted Pursuant to Section 906

of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report on Form 10-K of Geospatial Holdings, Inc. (the Company) for the year ended
December 31, 2009 as filed with the Securities and Exchange Commission (the Report), I, Thomas R. Oxenreiter, 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, as amended; 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: April 15, 2010 |  |  |  | By: |  | /s/ Thomas R. Oxenreiter
|                     |  |  |  |     |  | Name:                    |  | Thomas R. Oxenreiter   
|                     |  |  |  |     |  | Title:                   |  | Chief Financial Officer
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WILIAN ENRIQUE BARRERA-DONIS,

Petitioner,

v.

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

No. 09-73574

Agency No. A073-905-213

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 11, 2011** 

Seattle, Washington

Before: FISHER, GOULD and TALLMAN, Circuit Judges.

Wilián Enrique Barrera-Donis petitions for review of the BIA’s denial of his

application for asylum, withholding of removal and relief under the Convention

Against Torture (CAT). We deny the petition for review. 

FILED

MAR 15 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

1. The BIA’s determination that Barrera-Donis suffered no past persecution

on account of the political opinion imputed to him as a former military officer is

supported by substantial evidence. Barrera-Donis contends that, after he left

military service, guerrillas against whom he once fought wanted to attack him to

obtain confidential military information. He admits, however, that neither he nor

his family has ever been harmed, threatened or even contacted by the guerrillas. 

The “general climate of hostility” between the guerrillas and military officers like

Barrera-Donis that prevailed at the time he left the army does not suffice to

demonstrate past persecution. Sinha v. Holder, 564 F.3d 1015, 1025 (9th Cir.

2009).

2. Substantial evidence also supports the BIA’s finding that Barrera-Donis’

fear of future persecution on the basis of his political opinion is not objectively

reasonable. There is no “credible, direct, and specific evidence in the record of

facts that would support a reasonable fear of persecution.” Duarte de Guinac v.

INS, 179 F.3d 1156, 1159 (9th Cir. 1999). Barrera-Donis’ own testimony

explaining the basis for his fear of guerrilla persecution was vague and speculative.

The documentary evidence Barrera-Donis submitted does not substantiate his fear

of persecution, either.
3

3. The BIA correctly concluded that no statutorily protected basis for relief

is implicated by Barrera-Donis’ status as a Guatemalan returning from the United

States who may be perceived as wealthy. See Delgado-Ortiz v. Holder, 600 F.3d

1148, 1151-52 (9th Cir. 2010) (per curiam). That social group is “too broad to

qualify for the requested relief.” Id. at 1150. 

4. Because substantial evidence supports the denial of asylum, BarreraDonis’ application for withholding of removal was also properly denied. See

Fisher v. INS, 79 F.3d 955, 961 (9th Cir. 1996) (en banc). Substantial evidence

also supports the BIA’s denial of relief under the CAT, because “generalized

evidence of violence and crime . . . is insufficient to meet [the CAT] standard.” 

Delgado-Ortiz, 600 F.3d at 1152. 

PETITION FOR REVIEW DENIED.
**EXHIBIT 23**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

We consent to the incorporation by reference in the Registration Statement (Form S-3 No. 333-68914) and in the related Prospectus pertaining tothe registration of $700,000,000 in Debt Securities, Preferred Stock and Common Stock, the Registration Statement (Form S-3 No. 333-65833) pertaining to the registration of 3,452,181 Shares of Common Stock, the Registration Statement(Form S-3 No. 333-41433) pertaining to the registration of 3,713,331 Shares of Common Stock, the Registration Statement (Form S-3 No. 333-44997) pertaining to the registration of 728,929 Shares of Common Stock, the RegistrationStatement (Form S-3 No. 333-09945) pertaining to the BRE Properties, Inc. Dividend Stock Purchase and Dividend Reinvestment Plan, the Registration Statement (Form S-8 No. 333-69217) pertaining to the Amended and Restated 1992Employee Stock Plan, the Amended and Restated Non-Employee Director Stock Option Plan, and the Consultancy Stock Option Agreement dated March 2, 1998, the Registration Statement (Form S-8 No. 333-02257) pertaining to the Amended andRestated Non-Employee Director Stock Option Plan of BRE Properties, Inc. and the Assumed Real Estate Investment Trust of California 1991 Officer Stock Option Plan, the Registration Statement (Form S-8 No. 33-61209) pertaining to the BREProperties, Inc. 1994 Non-Employee Director Stock Plan and Chief Executive Officer Stock Option Plan, the Registration Statement (Form S-8 No. 33-60082) pertaining to the BRE Properties, Inc. 1992 Employee Stock Option Plan, theRegistration Statement (Form S-8 No. 33-05389) pertaining to the BRE Properties, Inc. 1984 Stock Option Plan, the Registration Statement (Form S-3 No. 333-09945) and in the related Prospectus pertaining to the registration of2,000,000 Shares of Common Stock, and the Registration Statement (Form S-8 filed January 11, 2002 ) pertaining to the 1999 BRE Stock Incentive Plan as amended, of our report dated January 13, 2003, except for Note 17, as to which thedate is February 18, 2003, with respect to the consolidated financial statements and related financial schedule of BRE Properties, Inc. included in this Annual Report (Form 10-K/A) for the year ended December 31, 2002.
Exhibit
32(b)





Certification
of


Chief
Financial Officer


Of
99¢ Only Stores





This
certification is provided pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 and accompanies the annual report on Form 10-K (the "Report") for the
period ended March 29, 2008 of 99¢ Only Stores (the "Issuer").





I, Robert
Kautz, the Chief Financial Officer of the Issuer certify that to the best of my
knowledge:





(i) the
Report fully complies with the requirements of section 13(a) or section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d));
and





(ii) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Issuer.





Dated:
June 10, 2008








By:   /s/ Robert
      KautzName:   Robert
      KautzTitle:     Executive
      Vice President and Chief Financial
Officer
EXHIBIT 23.1




                                CONSENT OF EXPERT


                          Independent Auditors' Consent


The Board of Directors and Stockholders
United Financial Corp.:

We consent to incorporation by reference in the registration statement (No.
333-53308) on Form S-8 of United Financial Corp. of our report dated February
16, 2001, relating to the consolidated statements of financial condition of
United Financial Corp. and subsidiaries as of December 31, 2000 and 1999, and
the related consolidated statements of income, stockholders' equity and
comprehensive income, and cash flows for each of the years in the three-year
period ended December 31, 2000, which report appears in the December 31, 2000
annual report on Form 10-K of United Financial Corp.


/s/KPMG LLP


Billings, Montana
March 29, 2001
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4751 Enrolled Bill (ENR)]

        H.R.4751

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 An Act

 
   To make technical corrections to Public Law 110-229 to reflect the 
renaming of the Bainbridge Island Japanese American Exclusion Memorial, 
                         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. BAINBRIDGE ISLAND JAPANESE AMERICAN EXCLUSION MEMORIAL.
    Section 313 of the Consolidated Natural Resources Act of 2008 
(Public Law 110-229) is amended as follows:
        (1) In the heading of subsection (b), by striking ``Japanese 
    American Memorial'' and inserting ``Japanese American Exclusion 
    Memorial''.
        (2) In the heading of subsection (c)(5)(C), by striking 
    ``Japanese american memorial'' and inserting ``Japanese american 
    exclusion memorial''.
        (3) In subsection (c)(5)(C), by striking ``Japanese American 
    Memorial'' and inserting ``Japanese American Exclusion Memorial''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
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#### Myrtle M. Thompson v. Gimbel Brothers.

Motion granted.
Exhibit 31.4

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Joseph P. Hagan, certify that:

1. I have reviewed this
Amendment No. 1 to the annual report on Form 10-K/A of Orexigen Therapeutics, Inc.; and

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.



|                      
|----------------------
|Date: January 26, 2015
|                      
|/s/ Joseph P. Hagan   
|Joseph P. Hagan       
|Chief Business Officer
|   | (1) | The      Report fully complies with the requirements of Section 13(a) or 15(d), as      applicable, 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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                |   |                                                                   |   |
|-------------------------------------|--------|------------------------------------------------------------------------|--------|
| Dated:  May      14, 2009 |        | /s/ Changbing      Huang                                          |   |
|                                |   | Changbing      Huang,                                                  |   |
|                                |   | Vice      President of Finance(acting      as Chief Financial Officer) |   |
|                                |   |                                                                   |   |

----