alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JESUS IMALDO ARIAS-LOPEZ, 

Defendant-Appellant. 

No. 16-10206 

D.C. No. 2:15-cr-01568-DJH

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Diane J. Humetewa, District Judge, Presiding

Submitted April 11, 2017**

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. 

Jesus Imaldo Arias-Lopez appeals from the district court’s judgment and 

challenges his guilty-plea conviction and 27-month sentence for being an alien in 

possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(5)(A) and 

924(a)(2). Pursuant to Anders v. California, 386 U.S. 738 (1967), Arias-Lopez’s 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

APR 18 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 16-10206 

counsel has filed a brief stating that there are no grounds for relief, along with a 

motion to withdraw as counsel of record. We have provided Arias-Lopez the 

opportunity to file a pro se supplemental brief. No pro se supplemental brief or 

answering brief has been filed.

Arias-Lopez waived his right to appeal his conviction and sentence. Our 

independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80 

(1988), discloses no arguable issue as to the validity of the waiver. See United 

States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss 

the appeal. See id. at 988.

We remand the case to the district court with instructions to delete “firearm” 

from the description of the offense and to amend the judgment to reflect the correct

Bureau of Prisons’s Register Number for Arias-Lopez, which is 51277-408.

Counsel’s motion to withdraw is GRANTED.

DISMISSED; REMANDED to correct the judgment.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-7823

Alps Electric (North America), Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 26, 2019

RE: Product Exclusion Request Number USTR-2018-0025-6025

Peabody Energy Corporation:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
EXHIBIT 32: Rule 13a-14(b) Certification  Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of China Aoxing Pharmaceutical Company, Inc. (the Company) certifies that: 1. The Quarterly Report on Form 10-QSB of the Company for the period  ended December 31, 2006 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and 2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  February 20, 2007 /s/ Zhenjiang Yue Zhenjiang Yue, Chief Executive Officer and Chief Financial Officer
#### In re MARRIAGE OF Barbara KUHLMAN and Robert F. Kuhlman. Barbara KUHLMAN, Petitioner/Respondent, v. Robert F. KUHLMAN, Respondent/Appellant.

No. 57772.

Missouri Court of Appeals, Eastern District, Division Three.

Jan. 8, 1991.

Mary Ann Weems, Clayton, for respondent-appellant.

Robert N. Hamilton, Frank Susman, Clayton, for petitioner-respondent.

ORDER

PER CURIAM.

This is an' appeal from the trial court’s judgment in a dissolution case. The trial court’s judgment is supported by substantial evidence and is not against the weight of the evidence. No error of law appears. *Murphy v.*Carron, 536 S.W.2d 30 (Mo. banc 1976).

An opinion reciting the detailed facts and restating the principles of law would have no precedential value. The parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment is affirmed in accordance with Rule 84.16(b).
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-7535

Global Trade Works, LLC:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information from the registrant's
consolidated financial statements for the years ended December 31, 1996, 1995
and 1994 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<DEBT-HELD-FOR-SALE>                            67,893
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      19,460
<MORTGAGE>                                         131
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 124,169
<CASH>                                          22,012
<RECOVER-REINSURE>                                 373
<DEFERRED-ACQUISITION>                         130,355
<TOTAL-ASSETS>                               1,166,611
<POLICY-LOSSES>                                 94,477
<UNEARNED-PREMIUMS>                                674
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                          897,044
<NOTES-PAYABLE>                                 41,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     10,500
<COMMON>                                         4,502
<OTHER-SE>                                      91,767
<TOTAL-LIABILITY-AND-EQUITY>                 1,166,611
<PREMIUMS>                                       5,334
<INVESTMENT-INCOME>                              8,275
<INVESTMENT-GAINS>                                 118
<OTHER-INCOME>                                     544
<BENEFITS>                                       6,733
<UNDERWRITING-AMORTIZATION>                      4,860
<UNDERWRITING-OTHER>                            44,521
<INCOME-PRETAX>                                (4,113)
<INCOME-TAX>                                     (477)
<INCOME-CONTINUING>                            (3,636)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,636)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
[147,858]

INPUT

.05

80
Consistent with USTR's Section 301 notice, OMRON Management Center of America, Inc. requests

confidential treatment for the information designated as business confidential in this submission. Such

information consists of information that would not customarily be released to the public, including

business or trade secrets regarding production costs and processes, data on sales, product characteristics

customers, destinations, and other product, sales, and cost-related business secrets. Business confidential

information has been indicated herein by enclosing it in single brackets (“[ ]”). A public version of these

comments is also being filed with all confidential information removed.

OMRON Management Center of America, Inc. submits this exclusion request on behalf of our business

unit. OMRON in the US is the only designer of this product and only supplier of this component.

ETC LIGHTING ECU is an electrical connector and is used only automotive purposes of establishing

electrical contact to an engine control unit "ECU," of which is an OEM-specified dimension. It is only

used for further assembly of components which go into domestic automobile production, which is

specified by auto manufacturer.

This product is not a target of the US Administration's 301 investigation regarding Intellectual Property

concerns. This is not a concern to IP transfer and impressment. This product contains no IP of interest

related to autonomous vehicle production.

This product is not a target of the US Administration's 301 investigation regarding Intellectual Property

concerns. This is not a concern to IP transfer and impressment. This product contains no IP of interest

related to autonomous vehicle production.

The tariff action ultimately poses a risk of significant damage to OMRON, the domestic automobile

industry, and ultimately the US consumer as a increase in price. Like in the case of similar approvals for

vehicle components at the HTS level, OMRON views this product in the same manner. Immediate

movement of production to a US manufacturer or another country would pose significant re-tooling

costs, significant amounts of time, and approvals pertaining to consumer automobile safety standards are

costly and would take a significant amount of time to obtain.

OMRON Management Center of America, Inc. believes that CBP can easily exclude the ETC

LIGHTING ECU in question based solely on the product description. The following are draft CBP

exclusion instructions:

"ETC LIGHTING ECU; raised square base with 14 metal pin contacts protruding perpendicular from

the square face and seven metal pin contacts protruding at a 90 degree angle from one side. Metal,

Plastic;Connector with through Hole pins; dimensions 33.00mm X 29.80mm X 16.94mm."

This information will be contained on the invoice from the supplier.
form8kexh101.htm


 



	



 


 


 

	





 


May 10, 2010







MACC Private Equities Inc.


101 2nd Street SE Suite 800


Cedar Rapids, IA 52401-1219







 


RE:  Loan Renewal


 


Ladies and Gentlemen:


In connection with renewal of the MACC Private Equities Inc. (the “Company”) term loan pursuant to the Third Amendment to Business Loan Agreement dated March 31, 2010 by and between Cedar Rapids Bank & Trust (“CRB&T”) and the Company (the “Amendment”), CRB&T has required the Company comply with certain Affirmative Covenants (as defined the in the Amendment).  All capitalized terms not defined in this letter shall have the meaning ascribed to each term in the Amendment.


 


Among these Affirmative Covenants, a Minimum Liquidity covenant requires that the Company maintain a minimum Liquidity of $500,000 at all times.  In the Amendment, the Minimum Liquidity covenant does not specifically state it is effective upon completion of the Company’s Rights Offering.  However, the Company and CRB&T intended this covenant to be effective upon the conclusion of the Company’s Rights Offering.


 


As such, this letter is to provide written verification and our agreement with you that the Minimum Liquidity covenant contained in Section 2.1 of the Amendment shall commence and be effective at the conclusion of the Company’s Rights Offering.  The Rights Offering covenant contained in that section, requiring completion of the Rights Offering by August 1, and the Deposit of Rights Offering Proceeds, continue in effect without modification.


 


 



	 	
Sincerely,

	 
	 	 	 
	 	/s/ Dana L. Nichols	 
	 	Dana L. Nichols	 
	 	Senior Vice President	 





 


 


 



	 ACCEPTED AND AGREED:	 
	 	 	 
	 MACC Private Equities Inc.	 
	 	 	 
	 By: 	/s/ Derek Gaertner                                	 
	 	Derek Gaertner, CFO	 





 


 







Member FDIC
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-1324

In Re: GERMAN MILLON, 

 Petitioner. 

On Petition for Writ of Mandamus. (3:08-cv-00338-RJC) 

Submitted: October 29, 2009 Decided: November 6, 2009 

Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, 

Senior Circuit Judge. 

Petition denied by unpublished per curiam opinion. 

German Millon, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

German Millon petitions for a writ of mandamus, 

alleging the district court has unduly delayed acting on his 28 

U.S.C. § 2255 (West Supp. 2009) motion. He seeks an order from 

this court directing the district court to act. Our review of 

the docket sheet reveals that the district court dismissed 

Millon’s motion in an order entered on October 7, 2009. 

Accordingly, because the district court has recently decided 

Millon’s case, we deny the mandamus petition as moot. We grant 

leave to proceed in forma pauperis. We dispense with oral 

argument because the facts and legal contentions are adequately 

presented in the materials before the court and argument would 

not aid the decisional process. 

PETITION DENIED
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0079 STATE OF MONTANA,

Plaintiff and Appellee, v. BETHANY LYNN LEX,

Defendant and Appellant
.

**O RDER**  Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including May 10, 2024 within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 4 2024

03/04/2024

Case Number: DA 23-0079
a6282027ex10_1.htm


Exhibit 10.1












Written Summary of

Executive Incentive Compensation Plan

for Named Executive Officers







Each of Mr. Perisano, Ms. Dionne, and Mr. Robertson participates in the executive incentive compensation plan and is eligible to receive a bonus for 2010 of up to 20% of base salary if certain objective performance metrics are met, with a target bonus of 8% of base salary. Under the executive compensation plan, the performance metrics are weighted as follows: 25% of the bonus is dependent upon achievement of certain levels of growth in comparable store sales over 2009 levels, 25% of the bonus upon the achievement of certain levels of total sales and 50% of the bonus upon the achievement of certain levels of EBITDA (earnings before interest, taxes, depreciation and amortization). If the Company does not achieve a minimum level of performance for the particular metric, the named executive officer would not be eligible to receive a bonus amount with respect to that metric under the Plan.


 


-28-
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5919

Tianhai Electric North America:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
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



I, Paul A. Parisotto, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of Blacksands Petroleum, Inc., for the fiscal quarter ended January 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Blacksands Petroleum, Inc.



Date:  March 20, 2009
        By:  
/s/ Paul A. Parisotto


Paul A. Parisotto, Principal Executive Officer
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-7243

SYNTRON Material Handling: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions.

pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel