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

TENTH COURT OF APPEALS

No. 10-17-00115-CR

IN RE JERRY DON GRAHAM

Original Proceeding

MEMORANDUM OPINION

Relator’s petition for writ of mandamus is denied. 

AL SCOGGINS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Petition denied

Opinion delivered and filed April 26, 2017

[OT06]
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).

AK/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

BYRON B. YELLOWBEAR, Jr.,

 Defendant - Appellant.

No. 09-30078

D.C. No. 1:08-CR-00037-JDS

MEMORANDUM *

Appeal from the United States District Court

for the District of Montana

Jack D. Shanstrom, District Judge, Presiding

Submitted December 17, 2009** 

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges. 

Byron B. Yellowbear, Jr. appeals from the 180-month sentence imposed

following his guilty-plea conviction for aggravated sexual abuse, in violation of 18

U.S.C. §§ 1153(a) and 2241(a)(1). We have jurisdiction pursuant to 28 U.S.C. 

FILED

JAN 11 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
AK/Research 2 09-30078

§ 1291, and we affirm.

Yellowbear contends that the district court erred by failing to adequately

explain the sentence and by using a disputed fact when imposing the sentence. The

record reflects that the district court expressly justified the sentence in terms of the

applicable § 3553(a) factors. Furthermore, there is nothing in the record to indicate

that the district court relied on a disputed fact when imposing the sentence. The

district court did not procedurally err. See Gall v. United States, 552 U.S. 38, 49-

50 (2007). 

 Yellowbear also contends that the district court’s imposition of a sentence

toward the high end of the advisory Guidelines range was greater than necessary to

comply with the purposes of sentencing set forth in § 3553(a). We conclude that

the sentence is substantively reasonable. United States v. Carty, 520 F.3d 984,

991-93 (9th Cir. 2008) (en banc). 

AFFIRMED.
EXHIBIT 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this Annual
Report on Form 10-K for the year ended December 31, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|                             
|-----------------------------
|This 12thday of March, 2004. 
|                             
|/s/ R. Daniel Blanton        
|Chief Executive Officer      
|(principal executive officer)
|                             
|/s/ Ronald L. Thigpen        
|Chief Operating Officer      
|(principal financial officer)



101
### Proposed Provision: E3.12. Beginning in 2031, apply 2 percent payroll tax rate on earnings over the wage-indexed equivalent of $400,000 in 2017 (about $696,600 in 2031), with the threshold wage-indexed after 2031. Provide proportional benefit credit for additional earnings taxed, based on the payroll tax rate applied to the additional earnings divided by the full 12.4 percent payroll tax rate.
Exhibit 32.1

Certification of the Chief Executive Officer

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 Perfumania Holdings, Inc. (the Company) on Form 10-K for the year ended January 30, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael W. Katz, President and Chief Executive 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, to my 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ MICHAEL W. KATZMichael W. KatzPresident and Chief Executive OfficerApril 30, 2010
#### LESLIE W. HARDISON, Individually, and LESLIE W. HARDISON, Administrator of the Estate of HAZEL V. HARDISON, v. HARRY L. MARTIN, FANNIE LATHAM MARTIN, WILLIAM MARTIN and CARL JORDAN MARTIN.

(Filed 21 September, 1955.)

Appeal by plaintiff from *Fountain, J.,*at April Term 1955, of MARTIN.

*H. D. Hardison for Plaintiff, Appellant.*

*Peel & Peel for Defendants, Appellees.*

Per Curiam.

The plaintiff on his own behalf and as administrator of the estate of his deceased wife instituted this action for the recovery of described articles of personal property.

From an adverse verdict and judgment the plaintiff brings the case here for review assigning errors. An examination of the record leads us to the conclusion that there was evidence to support the verdict, and that no substantial error in the rulings of the trial judge has been made to appear.

No error.

*608WiNBORNE and HiggiNS, JJ., took no part in the consideration or decision of this case.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3393 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3393

 To amend the Internal Revenue Code of 1986 to permanently extend the 
                      Health Coverage Tax Credit.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2021

   Mr. Brown (for himself, Ms. Stabenow, Mr. Casey, and Ms. Baldwin) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to permanently extend the 
                      Health Coverage Tax Credit.

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

SECTION 1. PERMANENT EXTENSION OF HEALTH COVERAGE TAX CREDIT.

    (a) In General.--Subparagraph (B) of section 35(b)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``, and before 
January 1, 2022''.
    (b) Effective Date.--The amendment made by this section shall apply 
to coverage months beginning after December 31, 2021.
                                 <all>
```
EXHIBIT 12.3





CERTIFICATION
      PURSUANT TO


SECTION
      302


THE
      SARBANES-OXLEY ACT OF 2002






I,
      Claudio Del Valle Cabello, certify that:




1.  I
      have
      reviewed this annual report on Form 20-F of Vitro, S.A. de C.V.;




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 company as of, and for, the periods
      presented in this report;




4.  The
      company's other certifying officers 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 company 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 company, 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 company'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; and




(c)  disclosed
      in this report any change in the company's internal control over financial
      reporting









that
      occurred during the period covered by the annual report that has materially
      affected, or is reasonably likely to materially affect, the company's internal
      control over financial reporting; and




5.  The
      company's other certifying officers and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the company's
      auditors and the audit committee of the company's board of
      directors:




(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 company's ability to record, process, summarize and report
      financial information; and




(b)  any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the company's internal control over financial
      reporting.




Date:
                July 7, 2005
            /s/ Claudio Del Valle
                CabelloName:Claudio
                Del Valle CabelloTitle:Chief
                Administrative Officer
#### MRS. H. H. LEE v. SEARS, ROEBUCK & COMPANY and Others.

(Filed 20 November, 1935.)

Appeal by plaintiff from *Small, J.,*at July Special Term, 1935, of MeckleNbueg.

Affirmed.

This is an action to recover damages for personal injuries suffered by tbe plaintiff, and caused, as alleged in tbe complaint, by tbe negligence of tbe defendants.

*850The allegations, of negligence in the complaint are denied in the answer. In further defense of plaintiff’s recovery, the defendants plead the contributory negligence of the plaintiff.

At the close of all the evidence at the trial the action was dismissed by judgment of nonsuit, and plaintiff appealed to the Supreme Court, assigning as errors the exclusion and the admission of certain evidence by the trial court, and the allowance of defendant’s motion for judgment of nonsuit, at the close of all the evidence.

*H. L. Strickland for plaintiff.*

*Taliaferro ■& Clarkson for defendant.*

Pee Cueiam.

There was no error in the exclusion of evidence offered by the plaintiff, or in the admission of evidence offered by the defendants.

Conceding without deciding that there was evidence at the trial tending to show that defendants were negligent, as alleged in the complaint, we concur in the opinion of the trial court that all the evidence offered by the plaintiff, including her own testimony, shows that plaintiff, at least, contributed to her injuries by her own negligence. For this reason, there was no error in allowing defendant’s motion for judgment as of nonsuit at the close of all the evidence, or in the judgment dismissing the action. See *King v. Thackers, Inc.,*207 N. C., 869, 178 S. E., 95; *Clark v. Drug Co.,*204 N. C., 628, 169 S. E., 217; *Davis v. Jeffreys,*197 N. C., 712, 150 S. E., 488.

The judgment is

Affirmed.
[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Notices]
[Page 4909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01678]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE411


North Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The Center of Independent Experts will meet February 16 
through February 19, 2016, in Seattle, WA.

DATES: The meeting will be held on Tuesday, February 16, 2016 through 
Friday, February 19, 2016 from 9 a.m. to 5 p.m.

ADDRESSES: The meeting will be held at the Alaska Fisheries Science 
Center (AFSC), in building 4, Room 2039 (Wednesday afternoon in Room 
2143), 7600 Sand Point Way NE., Seattle, WA 98115.
    Council address: North Pacific Fishery Management Council, 605 W. 
4th Ave., Suite 306, Anchorage, AK 99501-2252; telephone: (907) 271-
2809.

FOR FURTHER INFORMATION CONTACT: Grant Thompson, AFSC staff; telephone: 
(541) 737-9318.

SUPPLEMENTARY INFORMATION: 

Agenda

Tuesday, February 16, 2016 Through Friday, February 19, 2016

    The CIE is to review the Eastern Bering Sea (EBS) and Aleutian 
Island (AI) Pacific Cod Stock Assessment Models.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Shannon Gleason at (907) 271-2809 
at least 7 working days prior to the meeting date.

    Dated: January 25, 2016.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2016-01678 Filed 1-27-16; 8:45 am]
 BILLING CODE 3510-22-P
Exhibit 32.1





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 Vitesse Semiconductor Corporation (the “Company”) on Form 10-K/A for the fiscal year ended September 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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.

April 15, 2013/s/ CHRISTOPHER R. GARDNERChristopher R. GardnerChief Executive OfficerApril 15, 2013/s/ MARTIN S. MCDERMUTMartin S. McDermutChief Financial Officer
##### 



Exhibit 10.5
  US $200,000.00
    
    October 31, 2007
 BRIDGE LOAN
PROMISSORY NOTE
 Maker Holder
 Interest
 Payments Maturity Date
 Guaranty. Guaranty Guarantors Guaranteed
Obligations
   Prepayment
 Default Event of
Default




---



##### 



Collection Costs
 Waiver
 Transfer
 Governing Law
 Representations and Warranties of Maker
   Representations and Warranties of Guarantors
    2




---



##### 



3




---



##### 



Holders Address
    
    
    
    Maker:REMOTE KNOWLEDGE, INC.,a Delaware CorporationBy: /s/ Randy S. BayneName: Randy S. BayneGuarantors:
    
    Alan Granader/s/ Alan GranaderDan Granader/s/ Dan GranaderRandy S. Bayne/s/ Randy S. Bayne
  4
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
DECEMBER 31, 1999 10KSB AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                              JAN-1-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      13,642,007
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             9,830,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 60,054,449
<INVESTMENTS-CARRYING>                       7,281,743
<INVESTMENTS-MARKET>                         7,102,288
<LOANS>                                    239,031,667
<ALLOWANCE>                                  3,591,613
<TOTAL-ASSETS>                             342,101,109
<DEPOSITS>                                 283,120,745
<SHORT-TERM>                                12,331,388
<LIABILITIES-OTHER>                          1,832,245
<LONG-TERM>                                 15,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,279,456
<OTHER-SE>                                  23,537,275
<TOTAL-LIABILITIES-AND-EQUITY>             342,101,109
<INTEREST-LOAN>                             20,005,516
<INTEREST-INVEST>                            3,770,170
<INTEREST-OTHER>                               390,982
<INTEREST-TOTAL>                            24,166,668
<INTEREST-DEPOSIT>                           9,979,773
<INTEREST-EXPENSE>                          10,981,149
<INTEREST-INCOME-NET>                       13,185,519
<LOAN-LOSSES>                                1,314,000
<SECURITIES-GAINS>                           1,512,759
<EXPENSE-OTHER>                             11,225,934
<INCOME-PRETAX>                              5,793,559
<INCOME-PRE-EXTRAORDINARY>                   5,793,559
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,969,508
<EPS-BASIC>                                       1.90
<EPS-DILUTED>                                     1.90
<YIELD-ACTUAL>                                    8.07
<LOANS-NON>                                  1,190,000
<LOANS-PAST>                                    27,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             2,714,638
<CHARGE-OFFS>                                  548,729
<RECOVERIES>                                   111,704
<ALLOWANCE-CLOSE>                            3,591,613
<ALLOWANCE-DOMESTIC>                         3,591,613
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
II 

117TH CONGRESS 

1ST SESSION S. 325 

To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native 

Children Act to extend the deadline for a report by the Alyce Spotted 

Bear and Walter Soboleff Commission on Native Children, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 12, 2021 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline 

for a report by the Alyce Spotted Bear and Walter 

Soboleff Commission on Native Children, and for other 

purposes. 

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

3 SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF 

4 COMMISSION ON NATIVE CHILDREN REPORT. 

5 Section 3(f) of the Alyce Spotted Bear and Walter 

6 Soboleff Commission on Native Children Act (Public Law 

7 114–244; 130 Stat. 987) is amended, in the matter preVerDate Sep 11 2014 19:46 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S325.IS S325

pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 325 IS

1 ceding paragraph (1), by striking ‘‘3 years’’ and inserting 

2 ‘‘5 years’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Page 6284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02187]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Cancer Institute Clinical Trials and Translational Research Advisory 
Committee, March 09, 2016, 11:00 a.m. to March 09, 2016, 01:00 p.m., 
National Cancer Institute, Shady Grove, 9609 Medical Center Drive, 
Rockville, MD, 20850 which was published in the Federal Register on 
January 26, 2016, 81 FR 4321.
    The meeting notice is amended to change the location of the meeting 
from the National Cancer Institute, Shady Grove, 9609 Medical Center 
Drive, Rockville, MD, 20850 to the National Institutes of Health, 9000 
Rockville Pike, Bethesda, MD, 20892, Building 31, C-Wing, 6th Floor, 
Room 10. The meeting is open to the public.

    Dated: February 1, 2016.
Melanie J. Gray,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2016-02187 Filed 2-4-16; 8:45 am]
BILLING CODE 4140-01-P