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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-7536

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

SIGMUND DIAOLA JAMES, a/k/a Sig,

 Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Orangeburg. Margaret B. Seymour, Senior District Judge. (5:08-cr-00944-MBS-1)

Submitted: July 22, 2021 Decided: August 9, 2021

Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Sigmund Diaola James, Appellant Pro Se. Jane Barrett Taylor, Assistant United States

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Sigmund Diaola James appeals the district court’s order granting in part and denying 

in part his motion seeking a sentence modification under § 404(b) of the First Step Act of 

2018, Pub. L. No. 115-391, 132 Stat. 5194. We have reviewed the record and find no 

reversible error. Accordingly, we affirm the district court’s order. We dispense with oral 

argument because the facts and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional process.

AFFIRMED
Exhibit 32.2



Certifications



Pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Keystone Automotive Operations, Inc. (the
Company), hereby certifies that, to his knowledge, the Companys Quarterly Report on Form 10-Q for the three months ended March 31, 2004 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |     |  |                                                     
|------------------ |  | --- |  | ----------------------------------------------------
|Date: May 17, 2004 |  | By: |  | /s/ BRYANT BYNUM                                    
|                   |  |     |  | Bryant Bynum                                        
|                   |  |     |  | Executive Vice President and Chief Financial Officer



The foregoing certification is being
furnished solely pursuant to 18 U.S.C. ss. 1350 and is not being filed as part of the Report or as a separate disclosure document.
Exhibit 10(o)


                           AMENDMENT NO. 1 TO
                        INDEMNIFICATION AGREEMENT
                          SONOMA NATIONAL BANK

Recital
-------

This Amendment No. 1 to the Indemnification Agreement (the "Agreement")
dated October 22, 2002 between David F. Titus, ("Indemnitee"), and
Sonoma National Bank, a national banking association (the "Association"),
is made as of the 27th day of September, 2005, for the purpose of
clarifying Paragraph 7 of the Agreement regarding the laws and/or
regulations that limit the Association's ability to indemnify Indemnitee.

Agreement
---------

     1.  Amendment to Paragraph 7 of Indemnification Agreement.
         ------------------------------------------------------

     Paragraph 7 of the Agreement is hereby amended by the addition of a
     new Subsection (b) to read in its entirety as follows:

     "(b) Applicable Law.  To indemnify Indemnitee for expenses, penalties
          ---------------
     or other payments, or for any other amounts, in violation of
     applicable banking laws or regulations including, but not limited to,
     Section 12 U.S.C. 1828(k) of the Federal Deposit Insurance Act, the
     regulations of the Federal Deposit Insurance Corporation thereunder,
     or the regulations of the Office of the Comptroller of the Currency,
     as now or hereafter in effect."

2.  Renumbering of Subsections.
    ---------------------------

    Subsections (b), (c), (d) and (e) of Paragraph 7 of the Agreement are
    hereby renumbered as Subsections (c), (d), (e) and (f), respectively.

Authorized Signatures
---------------------

     In order to bind the parties to this Amendment No. 1 to this
     Agreement, their duly authorized representatives have signed their
     names below on the dates indicated.

Sonoma National Bank                            Date Executed:  9/27/05
                                                              ----------
By        /s/ Deborah A. Meekins
          -------------------------
Address:      801 Fourth Street
              Santa Rosa, CA  95404

AGREED TO AND ACCEPTED:

INDEMNITEE    David F. Titus                    Date Executed:   9/27/05
                                                               ---------

Signature  /s/ David F. Titus
          -------------------
Address:       1601 Brush Creek Road
               Santa Rosa, CA 95405
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane lunani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). N E D / R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T Z I AD A. HU S E I N, P et i t i on er , v. E R I C H . H O L D E RJr ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 06- 72577 A ge nc yN o. A 079- 606- 807 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d J anuary11, 2010 ** B efo re: B E E Z E R , T R O T T , an dB Y B E E , C i rcu i tJu d g es. Z i a d A . H us e i n, ana t i ve of P a l e s t i ne and c i t i z e n of J or dan, pe t i t i ons f

or re vi ew of the B oard of Im m i grat i on A pp ea l s’ order di sm i ss i ng hi s app ea lfr om an i mmi g r a t i o n j u d g e ’ s ( “ I J ” ) d e c i s i o n d e n y i n g h i s ap p l i c a t i o n f o ra s y l u m, 

# FI LED

JAN 20 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSN ED / Res ea r ch 06- 72577 2 w i thh ol di ng of re m ov al , and p rot ec t i on un der the C on vent i on A gai nstT orture (“ C A T ”) . W e have j uri sdi ct i on un der 8 U . S . C . § 1 25 2. W e r evi ew for s ub st ant i al e v id e n c e , I

N S v . E l i as - Zac ar i as , 502 U . S . 478, 481 n. 1 ( 1992) , and w e de nythe p e t i t i o n f o rr e v i e w. E ven i f H usei n’ s a sy l um appl i cat i on w as t i m el y, subst ant i alevi dence s up p o rts th e I J ’s f

in d in g th a t th e th r e a ts H u s e in r e c e iv e df r o m M u s lim fund am ent al i st s di d n otes t abl i sh pastpers ec ut i on or a w el l -f ou nd ed fe arof future p e r s e c u tio n o n a c c o u n t o f ap r o te c te dg r o u n d . Se e Sa n gh a v . I NS , 103 F . 3d 1482, 14 86 (9th C i r. 19 97 ) ( pers ec ut ors’ ac t i on s m ustbe m ot i vat ed by i m pu t ed po l i t i ca l o p i n i o n ). A cco rd i n g l y, h i s asyl u m cl ai m fai l s. B ec ause H usei n fai l ed t o d em on strat e e l i gi bi l i ty f or as ylum , i tfol l ow s that h e d idn o t s a tis f

yth e m o r e s tr in g e n t s tan d ar df o rw ith h o ld in g o f

r e m o v a l. See Fa ra h v . A s h c r o

ft , 34 8 F . 3d11 53 , 11 56 -57 (9th C i r. 20 03 ). S ub st an t i al ev i d en ce al so sup p o rt s th e IJ’ s d en i al o f C A T rel i ef b ecau se H us e i n f a i l e d t o e s t abl i s h i tw a s m or e l i ke l ythan nothe w oul d be t ortur e d i f he r e tu rn e dto J o r d an . See Si ng h v. G on zales , 4 3 9 F .3 d1 1 0 0 , 1 1 1 3 ( 9 th C ir . 2 0 0 6 ) . P E T I T I ON F OR RE V I E W DE NI E D.
#### F. A. Thomas, plaintiff in error, *vs.*Joshua Knowles, defendant in error.

In a suit on a note made in 1864, and payable in January, 1866, it is necessary to file the affidavit of the payment of taxes required by the Relief Act of 1870.

Warner, Chief Justice, dissented.

Relief Act of 1870. Tax affidavit. Before Judge Greene Newton Superior Court. September Term, 1871.

*399F. A. Thomas brought assumpsit against Joshua Knowles on a promissory note, dated March 14th, 1864, payable January 1st, 1866, for the sum of $500 00. The defendant pleaded the general issue, failure of consideration, and tender.

The case was, by consent, tried by the Court without the intervention of a jury, upon the following agreed state of facts:

*“*1st. The note was made in March, 1864, and due January 1st, 1866.

*“*2d. - The plaintiff resided in Georgia at the time of making the contract, and resided in said State until the latter part of 1867.

“ 3d. The note has been in the possession of plaintiff’s attorney, since suit, in this State.

*“*4th. The plaintiff has resided in California since the first of 1868, and resides there at this time.

*“*5th. No affidavit of having paid taxes has been filed in the clerk’s office.”

On motion of counsel for defendant, the case was dismissed, and plaintiff excepted, and now assigns said ruling as error.

Clark & Pace, for plaintiff in error.

A. B. Sims, represented by Z. D. Harrison, for defendant.

Montgomery, Judge.

Was the contract sued on in this case *“*made or implied before the first day of June, 1865?” By concession, it was. The conclusion cannot be escaped, the facts not bringing the 'case within any exception to the Act; the affidavit of the payment of taxes must be filed.

Judgment affirmed.

McCay, Judge, concurred, and Warner, Chief Justice, dissented, but furnished no opinions.
#### George Campbell, Respondent, v. Patrick Hannon, Appellant.

— Judgment affirmed, with costs; leave to appeal to the Court of Appeals granted on the ground that the case involves a question of law which ought to be reviewed by that court.
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UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION, 

- and -

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors.

Bankruptcy Case

No. 19-30088 (DM) 

Chapter 11

(Lead Case)

(Jointly Administered)

CERTIFICATE OF SERVICE

I, Sonia Akter, do declare and state as follows: 

1. I am employed at Prime Clerk LLC (“Prime Clerk”), the claims and noticing agent

for the debtors in the above-referenced chapter 11 bankruptcy cases.

2. On January 8, 2020, at my direction and under my supervision, employees of Prime

Clerk caused the following document to be served by the method set forth on the Fee Application 

Service List attached hereto as Exhibit A: 

• Amended Notice of Hearing on First Interim Applications Allowing and Authorizing

Payment of Fees and Expenses of Multiple Applicants Based Upon Compromises with the

Fee Examiner [Docket No. 5307]

3. I have reviewed the Notice of Electronic Filing for the above-listed document, and I

understand that parties listed in each NEF as having received notice through electronic mail were 

electronically served with that document through the Court’s Electronic Case Filing system. 

4. I declare under penalty of perjury under the laws of the United States of America,

that the foregoing is true and correct and that if called upon as a witness, I could and would 

competently testify thereto. 

Case: 19-30088 Doc# 5358 Filed: 01/13/20 Entered: 01/13/20 15:08:28 Page 1 of

4
Case: 19-30088 Doc# 5358 Filed: 01/13/20 Entered: 01/13/20 15:08:28 Page 2 of

4
Exhibit A

Case: 19-30088 Doc# 5358 Filed: 01/13/20 Entered: 01/13/20 15:08:28 Page 3 of

4
Exhibit A

Fee Application Service List

Served as set forth below

NAME NOTICE NAME ADDRESS 1 ADDRESS 2 CITY STATE POSTAL CODE E

Baker & Hostetler LLP

Attn: Eric Sagerman, Esq. and Cecily Dumas,

Esq.

11601 WilshireBoulevard, Suite 1400 Los Angeles CA 90025‐0509 

DLA PIPER LLP Attn: Joshua D. Morse 555 Mission Street Suite 2400 San Francisco CA 94105‐2933 DLA PIPER LLP (US) Attn: Eric Goldberg, David Riley david.riley@dlaFee Examiner Attn: Bruce A. Markell bamexampge@Keller & Benvenutti LLP Attn: Tobias S. Keller, Jane Kim

tkeller@kellerbjkim@kellerben

Milbank LLP

Attn: Dennis F. Dunne, Esq. and Sam A.

Khalil, Esq. 55 Hudson Yards New York NY 10001‐2163 

Milbank LLP

Attn: Paul S. Aronzon, Gregory A. Bray,

Thomas R. Kreller

Paronzon@milbGbray@milban

Office of the United States Trustee

Attn: James L. Snyder, Esq. & Timothy

Lafreddi, Esq., Marta E. Villacorta 450 Golden Gate Ave Suite 05‐0153 San Francisco CA 94102

James.L.Snydertimothy.s.laffre

Pacific Gas & Electric Company Attn: Janet Loduca, Esq. 77 Beale Street San Francisco CA 94105 Weil, Gotshal & Manges LLP

Attn: Stephen Karotkin, Jessica Liou,

Matthew Goren , Rachael Foust

stephen.karotk

matthew.gorenjessica.liou@werachael.foust@

In re: PG&E Corporation, et al.

Case No. 19‐30088 (DM) Page 1 of 1

Case: 19-30088 Doc# 5358 Filed: 01/13/20 Entered: 01/13/20 15:08:28 Page 

4
* The court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-30179 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus STEVE CORTEZ HALL, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana

USDC No. 95-CR-70-B-M2

- - - - - - - - - - May 14, 1997 Before Wisdom, King, and Smith, Circuit Judges. PER CURIAM: * Steve Cortez Hall appeals his conviction on two counts of distribution of cocaine base, conspiracy to possess with intent to distribute cocaine base and cocaine hydrochloride, and distribution of cocaine. His sole contention is that his guilty plea is invalid because the district court did not properly advise him under Fed. R. Crim. P. 11(c)(1).1 See United States v. Johnson , 1 F.3d 296, 302 (5th Cir.

1993) (en banc). Because the district court emphasized several times that the defendant was subject to the ten-year mandatory minimum sentence; the district court’s misstatement, on one occasion, that the defendant was subject to a two-year minimum sentence was harmless error. Further, because Hall was subject to the ten-year minimum sentence on counts 1 and 3, the district court’s overstatement of the mandatory minimum sentence on Counts 2 and 4 was harmless

error. 1
AFFIRMED.
July 22,
2009

    


    The Frost
Group, LLC

    4400
Biscayne Boulevard

    Suite
1500

    Miami,
Florida 33137

    


    PROLOR
Biotech, Inc.

    3 Sapir
Street

    Weizmann
Science Park

    Nes-Ziona,
Israel 74140

    


    
      	
              Re:

            	
              Termination
      of Credit Agreement and Cancellation and Termination of Note and Security
      Agreement.

            


    

    


    Ladies
and Gentlemen:

    


    Reference
is made to (i) that certain Credit Agreement, dated as of March 25, 2008 (the
“Credit
Agreement”), by and between Modigene Inc., a Nevada corporation (n/k/a
PROLOR Biotech, Inc., the “Company”), and The
Frost Group, LLC, a Florida limited liability company (the “Frost Group”),
(ii) and that certain Note and Security Agreement, dated as of March 25,
2008 (the “Note and
Security Agreement”), by and between the Company and the Frost
Group.

    


    Upon
execution of this letter agreement (this “Agreement”), the
undersigned, intending to be legally bound hereby, agree as
follows:

    


    1.           Effective
as of the date hereof, the Credit Agreement shall be terminated and shall be of
no further force or effect.

     

    2.           Effective
as of the date hereof:  (i) the Note and Security Agreement shall be
terminated and shall be of no further force or effect; (ii) there being no
borrowings outstanding under the Note (as defined in the Note and Security
Agreement), the Note shall be cancelled; and (iii) the Frost Group shall return
the Note to the Company marked cancelled.

     

    3.           This
Agreement shall be governed by the laws of the State of Florida without regard
to the rules of conflict of laws of such state that would cause the laws of
another jurisdiction to apply.

     

    4.           This
Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the
same instrument.  Facsimile signatures and other electronically
scanned and transmitted signatures, including in portable document format (PDF),
shall be deemed originals for all purposes of this Agreement.

     

    [Signature
page follows]


    
      
         


      

      
         


        
          

        

      

      
         


      

    

    


    
      
        	
                Sincerely,

              
	 
      
	
                The
      Frost Group, LLC

              
	 
      
	
                By:

              	
                /s/ Steven D. Rubin

              
	
                Name:   Steven
      D. Rubin

              
	
                Title:     Member

              
	 
      
	
                PROLOR
      Biotech, Inc.

              
	 
      
	
                By:

              	
                /s/ Shai Novik

              
	
                Name:   Shai
      Novik

              
	
                Title:     President

              


      

    

    


    Signature
Page to Letter Agreement - Termination of Credit Agreement
**Exhibit 32.2: Certification of Periodic Reports**

**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 Universal Beverages Holdings Corporation’s (the “Company”) Quarterly Report on Form 10-Q for the period ending September 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, G. William Gearheart, Controller 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 results of operations of the Company.

 

| Date: April 16, 2004 |   |  By | /s/ G. William Gearheart       |
|----------------------|--------|----------|--------------------------------|
|                 |   |     |                                |
|                 |   |     | G. William GearheartController |
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 Quarterly Report of SteelCloud, Inc. (the “Company”) on Form
10-Q for the quarter ended January 31, 2010, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Steven Snyder,
Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.
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 for the periods
presented therein.




Date:
      March 19, 2010By:
                /s/
      Steven SnyderName:
      Steven SnyderTitle:
      Principal Financial Officer, Principal
                  Accounting
      Officer, and
Controller
EXHIBIT 31.1
 CERTIFICATION
  1.
    
    I have reviewed this report on Form 10-Q of SteelCloud, Inc.;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;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;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in
which this report is being prepared;b.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andc.
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
 5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb.
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 Date: June 13, 2008
    By:
    /s/ Robert E. Frick.Name:
    Robert E. FrickTitle:
    Chief Executive Officer and President