alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-41447

Conference Calendar

 

CLARENCE MORRISON,

Petitioner-Appellant,

versus

MICHAEL PURDY, Warden,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA-97-CV-275

- - - - - - - - - -

August 18, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. 

PER CURIAM:*

Clarence Morrison, federal prisoner # 90039-132, appeals the

denial of his 28 U.S.C. § 2241 petition challenging the Bureau of

Prison’s refusal to consider him eligible for a reduction to his

sentence under 18 U.S.C. § 3621(e)(2)(B). He argues that the

BOP’s policy of not considering eligible prisoners convicted of

drug trafficking offenses for which the sentences were enhanced

under the Sentencing Guidelines for possession of a firearm is an

impermissible interpretation of § 3621(e)(2)(B)’s “nonviolent
No. 97-41447

-2-

offense.” His argument is foreclosed by this court’s decision in

Venegas v. Henman, 126 F.3d 760, 763-65 (5th Cir. 1997), cert.

denied, 118 S. Ct. 1679 (1998).

AFFIRMED.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-6391

Aquascape Designs, Inc:

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

_5-30-2019.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
I 

118TH CONGRESS 

1ST SESSION H. R. 5345 

To amend title 18, United States Code, to prevent the use of explosive 

materials to assault, resist, or impede certain officers or employees. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 5, 2023 

Mr. TONY GONZALES of Texas introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prevent the use 

of explosive materials to assault, resist, or impede certain 

officers or employees. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Curbing Offenses on 

5 Policing Services Act’’ or the ‘‘COPS Act’’. 

6 SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN 

7 OFFICERS OR EMPLOYEES. 

8 Section 111(b) of title 18, United States Code, is 

9 amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5345 IH

1 (1) by inserting after ‘‘including’’ the following: 

2 ‘‘explosive materials, as defined in section 841, or’’; 

3 (2) by striking ‘‘shall be fined under this title’’ 

4 and inserting ‘‘shall be fined up to $500,000, not5 withstanding section 3571,’’; and 

6 (3) by striking ‘‘20 years’’ and inserting ‘‘25 

7 years’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
PUBLIC VERSION
$[*********] [******]

$[*********]

INPUT

20.0

$[*********]

[******]

[******]

0.05

PUBLIC VERSION
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 in the US is the only designer of this product and only supplier of this component.

INSTRUMENT PANEL SWITCH is a molded plastic switch containing

electrical switches, and is used only for automotive purposes as a switch to move actuate traction control

or fuel economy settings. 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.

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 INSTRUMENT

PANEL SWITCH in question based solely on the product description. The following are draft CBP

exclusion instructions:

"INSTRUMENT PANEL SWITCH rectangular molding with eight connecting snaps protruding at 90

degrees from the switch plane along the lengthier end of the molding; with four switch actuators laid out

lengthwise along the rectangular length; one button reads "econ", another has a triangular "hazard"

symbol, and the last one (from left to right) has a symbol of a car with a tir swerve and the word "off"

below it. "Plastic case assembly; Consist of 4 plastic knob and 1 plastic case - made of plastic resin;"

"Case: 136mm x 13.45 mm x 32 mm Knob (HZRD): 17.06 m x11.16 mm x18 mm Knob (INVERTER):

31.27mm x 13.98 mm x 20.5 mm Knob (ESP): 16.95 mm x13.94 mm x20.5 mm Knob (ECO): 31.26 mm

x13.94 mm x20.5 mm""

This information will be contained on the invoice

PUBLIC VERSION
Exhibit 10.1


 


Phase
Forward Incorporated


Amended
and Restated Summary of Cash and Equity Compensation Practices for Non-Employee
Directors


(Effective
January 2, 2010)


 


Cash Compensation:


 


	
  Annual
  retainer for Board membership(1)

  	
   

  	
  $

  	
  30,000

  	
   

  
	
  Annual
  retainer for lead independent director

  	
   

  	
  12,000

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Audit
  and Finance Committee(2)

  	
   

  	
   

  	
   

  
	
  Annual
  retainer for committee membership

  	
   

  	
  12,000

  	
   

  
	
  Additional
  retainer for committee chair

  	
   

  	
  8,000

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Management
  Development and Compensation Committee(3)

  	
   

  	
  7,000

  	
   

  
	
  Annual
  retainer for committee membership

  	
   

  	
  8,000

  	
   

  
	
  Additional
  retainer for committee chair

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Governance,
  Nominating and Compliance Committee(3)

  	
   

  	
   

  	
   

  
	
  Annual
  retainer for committee membership

  	
   

  	
  7,000

  	
   

  
	
  Additional
  retainer for committee chair

  	
   

  	
  4,000

  	
   

  



 






(1) Annual retainer
for Board service covers four regular Board meetings and one special budget
meeting.


 


(2) Annual retainers
for Audit and Finance Committee service cover six regular meetings of the
committee.


 


(3) Annual
retainers for Management Development and Compensation Committee service and
Governance, Nominating and Compliance Committee service cover four regular
meetings of each committee.


 


For additional meetings
not included in the annual retainers listed above, the following fees apply:


 


	
  Board
  Meeting Fees (per meeting)

  	
   

  	
  $1,000/in
  person; $500/telephone

  	
   

  
	
  Committee
  Meeting Fees (per meeting)

  	
   

  	
  $1,000/in
  person; $500/telephone

  	
   

  



 


Equity Compensation


 


Upon the initial election
to the Board of Directors, each non-employee member would receive a one-time
grant of $150,000 worth of restricted stock units under our 2004 Stock Option
and Incentive Plan 9”the “2004 Plan”).


 


All non-employee members
of our Board are eligible to receive an annual grant of $75,000 worth of
restricted stock units under the 2004 Plan.


 


All restricted stock unit
awards granted to non-employee Board members vest as follows: 50% on second
anniversary of the grant and an additional 25% on each of the third and fourth
anniversary of the date of grant. In the event of a change in control, all
restricted stock unit awards granted to our non-employee Board members would
vest in full upon such change in control.


 


In addition to the cash
and equity compensation described above, all members of our Board will be
reimbursed for reasonable out-of-pocket expenses incurred in attending meetings
of the Board of Directors.


 


1
#### Theresa R. RIPLEY, Appellant, v. STATE of Missouri ex rel., STATE OF NEW YORK, Assignee, and Lloyd Brown, Jr., Respondents.

No. 19958.

Missouri Court of Appeals, Southern District, Division Two.

Aug. 23, 1995.

*107James E. Baldwin, Donnelly, Baldwin *&*Wilhite, P.C., Lebanon, for appellant.

Catherine J. Nelson, Mo. Dept, of Social Services, Jefferson City, for respondents.

PER CURIAM.

The Director of the Division of Child Support Enforcement entered an order requiring Appellant to pay $151.00 per month in child support and to provide health insurance for the children “on any health insurance policy available to [Appellant] on a group basis, or through her employer or union.” Appellant sought judicial review of that decision. The circuit court affirmed.

On appeal, Appellant presents three points relied on. She contends that the order was unsupported by competent and substantial evidence, as there was no basis to impute income to her; it was improper to enter an order regarding insurance, as “there was no evidence in the record whatsoever of the existence of any health insurance plan or policy available to Appellant”; and the “order was made upon unlawful procedure” because it was not filed within thirty days of the hearing as required by § 454.475.3 RSMo 1994, and she was not immediately notified of the decision, as required by § 536.090 RSMo 1994.

There is sufficient evidence to impute income to Appellant. There was no showing that she was unemployable and in the past had been employed as a waitress, a hotel maid, and an assembly worker. She contended that she was required to stay home with her husband, but there was evidence that he can drive a vehicle and feed and care for himself. The court may, in proper circumstances, impute income according to what the parent could have earned. *See In re Marriage of Garrison,*846 S.W.2d 771, 775-776 (Mo.App.1993).

The order as to insurance coverage was authorized by § 454.603.1 RSMo 1994. Neither in the relevant statutes nor in any authority cited to us does the delay in making the order or notifying appellant of it require that it is invalid. Nor has any prejudice been shown regarding the delay. The order is supported by competent and substantial evidence on the whole record; no error of law appears, and any further opinion would have no precedential value.

The judgment is affirmed in compliance with Rule 84.16(b).

All concur.
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 l unani 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). 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 UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. EF RAI N ROD RI GU EZ , D e f

e n d an t - A p p e llan t. N o. 10- 10593 D . C . N o . 5 : 0 8 -cr-0 0 9 2 5 -JW ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e N o rth e rn D is tr ic t o f C a lif o rn ia J a m e s W ar e , C hi e f

Judge , P r e s i di ng S ubm i tt e d M ar c h 6, 2012 ** B e f o r e : B . F L E T C H E R , R E I N H A R D T , an dT A S H I M A , C ir c u it Ju d g e s . E f r a in R o d r ig u e z ap p e a ls f r o m th e 7 8 - m o n th s e n te n c e im p o s e df o llo w in g h is gui l ty - pl e ac onvi c t i on f orpos s e s s i on w i th i nt e ntt o di s tr i but e 50 gr a m s orm or e of m e th a m p h e ta m in e , in v io la tio n o f 2 1 U .S .C . § 8 4 1 ( a ) ( 1 ) an d( b ) ( 1 ) ( A ) ( v iii) .



# FI LED MA R 12 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 10593 2 W e d is m is s . R od ri gu ez cont ends thathe w as deni ed ef fe ct i ve as si st ance of coun se l at s e n te n c in g w h e n c o u n s e l f a ile dto c o m p le te h is in v e s tig a tio n , to s ub m it a s e n te n c in g m e m o r an du m , o rto a d e q u a te lyp r e p ar e f o rth e s e n te n c in g h e ar in g . W e ar e pre clud ed fr om re ac hi ng the m er i t s of R od ri gu ez ’ s c l ai m by a val i d app ea l w a iv e rin w h ic h R o d r ig u e z g a v e up h is r ig h t to p u r s u e ad ir e c t ap p e a l o f h is s e n te n c e . See U

ni ted States v. N

un ez , 223 F . 3d 956, 959 ( 9th C i r . 2000) ( “ [ O ] ne w ai ves the ri gh tt o argue i neff ec t i ve as si st ance of coun se l atse nt enci ng on di re ct appealw hen o ne w ai ves the ri gh tt o app ea l the se nt ence . ”) . In any e vent , the re cord i s i nsuffi ci ent l y devel op ed and R od ri gu ez ’ s l egal r e pr e s e nt a t i on w a s nots o i na de qua t e tha ti tc an be c onc l ude d a tthi s poi nttha the o b v io u s lyw a s d e n ie dh is S ix th A m e n d m e n t r ig h t to c o u n s e l. See U ni ted States v. McKe nna , 327 F . 3d 830, 845 ( 9th C i r . 2003) ( “ C l a i m s of i ne f f e c t i ve a s s i s t anc e of coun se l ar e genera l l y i napp ropri at e on d i re ctappeal . ”) . DI S MI S S E D.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Quarterly Report On Form 10-QSB of Edmonds
4, Inc. for the quarter ending January 31, 2005, I, Richard Neussler, Chief
Executive Officer and Chief Financial Officer of Edmonds 4, Inc. hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Quarterly Report on Form 10-QSB for the quarter ending January
          31, 2005, 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 such Quarterly Report on Form 10-QSB for
          the quarter ending January 31, 2005, fairly presents, in all material
          respects, the financial condition and results of operations of
          Edmonds 4, Inc.

Dated:  March 17, 2005

EDMONDS 4, INC.

By: /s/ Richard Neussler
-------------------------------------
Chief Executive Officer and
Chief Financial Officer
#### H. H. MOORE, Employee, Deceased, MRS. MAUDE MOORE, v. PINE HALL BRICK AND PIPE COMPANY et al.

(Filed 10 November, 1931.)

(Por digest see *Sollowell v. Department of Conservation, ante,*616.)

Appeal by plaintiff from *Clement, J.,*at April Term, 1931, of Eoesttbc.

Error and remanded.

*Peyton B. Abbott and Hmtings & Booe for appellant.*

*Ralph V. Kidd for appellee.*

Adams, J.

In *Hollowell v. North Carolina Department of Conservation and Development, ante,*616, we held that an appeal from the award of one member of the Industrial Commission cannot be taken directly to the Superior Court but must first be .reviewed by the full Commission. The cause is remanded with leave to the appellant to appeal to the full Commission as provided by law.

Error and remanded.
[Federal Register Volume 60, Number 70 (Wednesday, April 12, 1995)]
[Notices]
[Page 18580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8988]



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

DEPARTMENT OF COMMERCE
[Docket 9-94]


Foreign-Trade Zone 86--Tacoma, Washington; Reissuance of Grant of 
Authority

    A joint request has been submitted to the Foreign-Trade Zones Board 
(the Board) by the Port of Tacoma (Washington), grantee of FTZ 86, and 
the Puyallup Tribal FTZ Corporation (PTFTZ) for the reissuance of the 
grant of authority for three parcels (125 acres) within FTZ 86 to the 
PTFTZ. The request was submitted pursuant to the regulations of the 
Board (15 CFR Part 400). It was formally filed on March 11, 1994 and 
amended on March 17, 1995.
    The three parcels are part of an area recently transferred from the 
Port of Tacoma to the Puyallup Indian Tribe Council in accordance with 
the Washington Indian Land Claims Settlement Agreement (25 USC 1773) in 
1991. This request would result in a new zone project with PTFTZ as the 
new grantee.
    Public comment on the proposal is invited from interested parties. 
Submissions (original and 3 copies) shall be addressed to the Board's 
Executive Secretary at the address below. The closing period for their 
receipt is May 30, 1995.
    A copy of the application and accompanying exhibits will be 
available for public inspection at the following locations:

Port of Tacoma, 1 Sitcum Plaza, Tacoma, Washington 98421
Office of the Executive Secretary, Foreign-Trade Zones Board, U.S. 
Department of Commerce, Room 3716, 14th and Pennsylvania Avenue, NW., 
Washington, DC 20230

    Dated: April 5, 1995.
John J. Da Ponte, Jr.,
Executive Secretary.
[FR Doc. 95-8988 Filed 4-11-95; 8:45 am]
BILLING CODE 3510-DS-P
Exhibit 99.11


                            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 American Tax Credit Trust, a Delaware
statutory business trust Series I (the "Company") on Form 10-K for the period
ending March 30, 2003 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Neal Ludeke, Chief Financial Officer of
Richman American Credit Corp., Manager of the Company, certify, pursuant to 18
U.S.C. (S) 1350, as adopted pursuant to (S) 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 results of operations
            of the Company.



/s/  Neal Ludeke
----------------------------------
by: Neal Ludeke
Chief Financial Officer of Richman
American Credit Corp., Manager
of the Company
June 30, 2003
ex1006k033111.htm


LOAN & PROFIT SHARING AGREEMENT


AMENDMENT







between







CAPITAL VARIO CR, S.A.







Barrio Santa Marta, 25 norte de Tala Bar, Casa de alto, porto negro, mano der.


Desamparados, San Jose, Costa Rica







as Lender







and







SINUR OIL LLP







136 Amangeldy street, Karatau City, Zhambyl Oblast, Talas Raion, 080800


Republic of Kazakhstan







as Borrower







WHEREAS:







The parties entered into a loan agreement on the 5th day of November, 2010 (hereinafter referred to as “the Agreement”).







The Parties hereto agreed to the following:








	
1.

	
Principal Amount:

	
Three Hundred Fifty Thousand Dollars ($350,000)


 


	
2.

	
Date of Payment:

	
Date on which the loan amount or any part of it is credited to the Borrower’s account, Loan can be granted in several parts at the request of the Borrower.


 


	
3.

	
Purpose:

	
The purpose of this Loan is for the purchase of crude oil, fuel additives and payoff of funds advanced for fuel purchases.


 


	
4.

	
Interest:

	
Borrower agrees to repay this Loan in full at an accruing annual interest rate of Thirty Percent (30%).


 


	
5.

	
Maturity Date:

	
The principal amount hereof shall be due and payable on April 15th, 2011, unless further extended by the parties.


 


	
6.

	
Payments:

	
All principal and interest hereof shall be due and payable on maturity date.


 


	
7.

	
Prepayment:

	
The Borrower may prepay the outstanding principal balance under this Loan, in whole or in part, at any time.


 







 


 




  





  











  






 



	
8.

	
Cost of Collection:

	
The Borrower agrees to indemnify the Lender against any losses, claims, damages and liabilities or related expenses arising out of or in connection with or as a result of the transactions contemplated by this Loan.  In particular, the Borrower promises to pay all costs and expenses incurred in connection with the collection and enforcement of this Loan.


 


	
9.

	
Amendments:

	
Any changes and amendments to this Loan can only be valid by an instrument in writing signed by both parties, the Lender and the Borrower.


 


	
10.

	
Governing Law:

	
This Loan shall be governed by, and construed in accordance with the laws of the British Virgin Islands.










NOW THEREFORE the Parties hereto agree as follows:








	
1.

	
Term Extention:

	
The term of this loan is hereby extended to October 15th 2011.


 


	
2.

	
New Principle Amount:

	
The new principle balance of this loan as of April 15th 2011 is Four Hundred Two Thousand Five Hundred Dollars (USD402,500).


 


	
3.

	
Interest:

	
Interest shall accrue at a rate of thirty percent (30%) per annum with payment of all principle and interest due on or before October 15th 2011.


 












This agreement is dated June 20, 2011 and issued in duplicate.  One set will remain with the Lender, one set will remain with the Borrower.







The Lender


Capital Vario CR, S.A. [corporate seal]







/s/ Stephen H. Smoot


Authorised Signatory


Stephen H. Smoot - US Representative







The Borrower


Sinur Oil LLP







/s/ Gafur Kassymov


Gafur Kassymov – General Director