alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-41271 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. MANOA LOPEZ-VASQUEZ, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1208-1
Before DENNIS, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * T h e F e d e r a l P u b l i c D e f e n d e r a p p o i n t e d t o represent M a n o a L o p e z - V a s q u e z has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Lopez-Vasquez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with

c o u n s e l ’ s a s s e s s m e n t that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D June 28 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR
. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR
. R. 47.5 .4. Case: 11-41271 Document: 00511903482 Page: 1 Date Filed: 06/28/2012No. 11-41271

counsel is excused from further responsibilities he r e i n, and the APPEAL IS DISMISSED. See5 T H C I R
. R. 42.2.

2 Case: 11-41271 Document: 00511903482 Page: 2 Date Filed: 06/28/2012
EXHIBIT 99.2



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 Annual Report of
Nuance Communications, Inc. (the Company) on Form 10-K for the year ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Karen Blasing, Chief Financial Officer of
the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|March 31, 2003  /s/    KAREN BLASINGKaren Blasing Vice President
and Chief Financial Officer
|--------------------------------------------------------------------------------------------
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. ss.1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





Solely for the purposes of complying with, and the extent required by 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned certifies, in his capacity as the Chief Executive Officer of BlastGard® International, Inc., that, to his knowledge, the Annual Report of the company on Form 10-KSB for the period ended December 31, 2006, 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 report fairly presents, in all material respects, the companys financial condition and results of operations.





April 17, 2007





/s/ James F. Gordon

James F. Gordon, Chief Executive Officer
<PAGE>   1
 
     [LOGO]
                                                                      EXHIBIT 23
 
                                 [LETTER HEAD]
 
                       CONSENT OF INDEPENDENT ACCOUNTANTS
 
We consent to the incorporation by reference in the registration statement of
NSD Bancorp, Inc. on Forms S-8 (File Nos. 33-78220 and 33-78222) of our report
dated January 28, 1997, on our audits of the consolidated financial statements
of NSD Bancorp, Inc. and subsidiary, as of December 31, 1996 and 1995, and for
the years ended December 31, 1996, 1995, and 1994, which report is incorporated
by reference in this Annual Report on Form 10-K.
 
                                          COOPERS & LYBRAND LLP
 
Pittsburgh, Pennsylvania
March 24, 1997
[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Notices]
[Page 19269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9312]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Mental Health; Meeting

    Pursuant to Pub. L. 92-463, notice is hereby given of the meeting 
of the National Advisory Mental Health Council of the National 
Institute of Mental Health for May 1995.
    The meeting will be open to the public, as indicated, for 
discussion of NIMH policy issues and will include current 
administrative, legislative, and program developments. Attendance by 
the public will be limited to space available. Individuals who plan to 
attend and need special assistance, such as sign language 
interpretation or other reasonable accommodations, should contact the 
contact person named below in advance of the meeting.
    In accordance with the provisions set forth in secs. 552b(c)(4) and 
552b(c)(6), Title 5, U.S.C. and sec. 10(d) of Pub. L. 92-463, a portion 
of the Council will be closed to the public as indicated below for the 
review, discussion and evaluation of individual grant applications. 
These applications, evaluations, and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material, and personal information concerning individuals, the 
disclosure of which would constitute a clearly unwarranted invasion of 
personal privacy.
    Ms. Joanna L. Kieffer, Committee Management Officer, National 
Institute of Mental Health, Parklawn Building, Room 9-105, 5600 Fishers 
Lane, Rockville, MD 20857, Area Code 301, 443-4333, will provide a 
summary of the meeting and a roster of committee members.
    Other information pertaining to the meetings may be obtained from 
the contact person indicated.

Name of Committee: National Advisory Mental Health Council
Date: May 15-16, 1995
Place:
    May 15--Conference Room 6, Building 31, National Institutes of 
Health, 9000 Rockville Pike, Bethesda, MD 20892
    May 16--Conference Rooms D and E, Parklawn Building, 5600 
Fishers Lane, Rockville, MD 20857
Open: May 15, 9 a.m. to 5 p.m.
Closed: May 16, 9:30 a.m. to adjournment
Contact Person: Carolyn Strete, Ph.D., Executive Secretary, Parklawn 
Building, Room 9-105, 5600 Fishers Lane, Rockville, MD 20857, 
Telephone: 301, 443-3367.

(Catalog of Federal Domestic Assistance Program Numbers 93.126, 
Small Business Innovation Research; 93.176, ADAMHA Small 
Instrumentation Program Grants; 93.242, Mental Health Research 
Grants; 93.281, Mental Research Scientist Development Award and 
Research Scientist Development Award for Clinicians; 93.282, Mental 
Health Research Service Awards for Research Training; and 93.921, 
ADAMHA Science Education Partnership Award)

    Dated: April 11, 1995.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 95-9312 Filed 4-14-95; 8:45 am]
BILLING CODE 4140-01-M
| 1. | The Annual Report on Form 10K/A (Amendment No. 1) of the Company for the Year ended December 31, 2009 (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. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:     May 21, 2010 | /S/       PAUL MILLER           PAUL MILLER           Chief Executive Officer      |
|--------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Dated:     May 21, 2010 | /S/       JACQUELINE FLYNN           JACQUELINE FLYNN           Chief Financial Officer |
#### Brian Haley, Appellant, v State Farm Mutual Automobile Insurance Company, Respondent.

Mahoney, P. J.

Appeal from an order of the Supreme Court (Torraca, J.), entered April 4, 1989 in Ulster County, which, *inter alia,*granted defendant’s motion for summary judgment dismissing the complaint.

On August 10, 1986, plaintiff was a passenger in his own vehicle which was being operated by Russell Zurawell when it was involved in a one-car accident. Thereafter, plaintiff commenced an action against Zurawell to recover damages for injuries sustained in the accident. After issue was joined, the action was settled pursuant to a stipulation which provided that defendant herein, which was plaintiff’s liability carrier, was to pay $100,000, which was the limit of bodily injury *905liability under the terms of the policy, and Zurawell’s insurer was to pay $10,000 as an excess insurer.*

Subsequent to the execution of the settlement stipulation, plaintiff commenced this action for a declaratory judgment seeking additional coverage under the uninsured/underinsured endorsement contained in the policy issued to him by defendant. Supreme Court, *inter alia,*granted defendant’s motion for summary judgment dismissing the complaint.

Insurance Law §3420 (f) (2) provides that supplementary uninsured motorist insurance “shall provide coverage * * * if the limits of liability under all bodily injury liability * * * insurance policies of another motor vehicle liable for damages are in a lesser amount than the bodily injury liability insurance limits of coverage provided by such policy”. Here, the applicable definitional provisions of the subject insurance policy reflect this statutory provision. As noted by Supreme Court, ”[t]here is here no other motor vehicle liable for damages”; thus, there can be no recovery for uninsured/underinsured coverage *(see, Maurizzio v Lumbermens Mut. Cas. Co.,*73 NY2d 951; *see also, Matter of Metropolitan Prop. & Liab. Ins. Co. v Falkovitz,*73 NY2d 798, 800). Despite this correct conclusion, Supreme Court failed to make the necessary declaration of the parties’ rights, so that we must modify the order by issuing a declaration in defendant’s favor *(see, supra,*at 954).

Order modified, on the law, without costs, by reversing so much thereof as dismissed the complaint; it is declared that the subject insurance policy provides no uninsured/underinsured coverage by defendant for plaintiff with regard to the claim arising on August 10, 1986; and, as so modified, affirmed. Mahoney, P. J., Kane, Casey, Levine and Mercure, JJ., concur.

*

 The stipulation in the record reflects that Zurawell’s carrier was defendant. This apparently is an error and we read the stipulation in accordance with the facts.
[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Notices]
[Page 19085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10572]



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


DEPARTMENT OF THE INTERIOR

Outer Continental Shelf (OCS) Policy Committee of the Minerals 
Management Advisory Board; Notice and Agenda for Meeting

AGENCY: Minerals Management Service, Interior.

SUMMARY: The OCS Policy Committee of the Minerals Management Advisory 
Board will meet at the McLean Hilton in McLean, Virginia on May 21-22, 
1996.
    The agenda will cover the following principal subjects:

--5-Year Proposed Program
--National Resource Assessment
--Marine Minerals Panel
--Can the Gulf of Mexico Remain the Backbone of the U.S. Natural Gas 
Deliverability?
--Advances in Technology on the OCS
--Alaska Regional Stakeholders Task Force Report
--G&G Data Preservation and its Application to Policy

    The meeting is open to the public. Upon request, interested parties 
may make oral or written presentations to the OCS Policy Committee. 
Such requests should be made no later than May 10, 1996, to the Office 
of Advisory Board Support, Minerals Management Service, 381 Elden 
Street, MS-4110, Herndon, Virginia, 22070, Attention: Terry Holman.
    Requests to make oral statements should be accompanied by a summary 
of the statement to be made. For more information, call Terry Holman at 
(703) 787-1211.
    Minutes of the OCS Policy Committee meeting will be available for 
public inspection and copying at the Minerals Management Service in 
Herndon, Virginia.

DATES: Tuesday, May 21 and Wednesday, May 22, 1996.

ADDRESSES: The McLean Hilton at Tysons Corner, 7920 Jones Branch Drive, 
McLean, Virginia 22102; (703) 847-5000.

FOR FURTHER INFORMATION CONTACT: Terry Holman at the address and phone 
number listed above.

    Authority: Federal Advisory Committee Act, P.L. No. 92-463, 5 
U.S.C. Appendix 1, and the Office of Management and Budget's 
Circular No. A-63, Revised.

Thomas Gernhofer,
Associate Director for Offshore Minerals Management.
    Dated: April 19, 1996.
[FR Doc. 96-10572 Filed 4-29-96; 8:45 am]
BILLING CODE 4310-MR-M
THE THIRTEENTH COURT OF APPEALS

13-14-00587-CV

CATHERINE HARRISON

v.

BROOKDALE SENIOR LIVING, INC.

On Appeal from the

County Court at Law No 1 of Nueces County, Texas

Trial Cause No. 2014-CCV-60279-1

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion. Each party shall bear their own costs 

relating to this appeal.

We further order this decision certified below for observance.

July 2, 2015
exv10w18w2



 





EXHIBIT 10.18.2




SECOND AMENDMENT TO THE

MONSANTO COMPANY LONG-TERM INCENTIVE PLAN

AS AMENDED AND RESTATED EFFECTIVE AS OF APRIL 24, 2003




          The Monsanto Company Long-Term Incentive Plan as amended and restated as of April 24, 2003 and
as amended effective January 29, 2004 (as so amended, the “Plan”), is hereby further amended as set
forth below:




          1. Section 2.20 of the Plan is hereby amended to read in its entirety as follows:


`



“Fair Market Value” means, with respect to any given date, the closing per-share sales price
for the Shares on the New York Stock Exchange on that date, or if the Shares were not traded on the
New York Stock Exchange on that date, then on the next preceding date on which the Shares were
traded, all as reported by such source as the Committee may select.



          2. This Second Amendment shall be effective with respect to all Awards granted on or after
October 23, 2006.




          3. The Plan is otherwise ratified and confirmed without amendment.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 10693 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Michael Lawrence Williams,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:06

- CR

- 30

- 1

Before **Wiener, Southwick,** and **Duncan,** Circuit Judges

**. Per Curiam**  **:** *

Michael Lawrence Williams appeals the district court’s denial of his
motion for a reduction in sentence under Section 404 of the First Step Act of

2018

. The district court concluded that Williams was eligible for a reduction
but exercised its discretion and denied the mot ion.

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 11, 2021

Lyle W. Ca yce Clerk Case: 20-10693 Document: 00515700992 Page: 1 Date Filed: 01/11/2021No. 20

- 10693

2 Williams asserts that the district court committed a procedural error by failing to explain adequately its decision to deny his motion . He contends
that the district court’s brief explanation in a form order did not address his arguments for a reduction in sentence or provide a record to which we could apply meaningful appellate review. However, as Williams acknowledges , his claim is foreclosed by our caselaw

. See United States v. Batiste , 980 F.3d 466, 479 (5th Cir. 2020).
Further, Williams argues that the denial of his motion resulted in the imposition of a substantively unreasonable sentence . He maintains that his continued incarceration is longer than necessary to comply with the relevant sentencing objectives and does not account for th e need to avoid unwarranted sentencing disparities among similarly situated defendants. The substantive reasonableness standard does not apply to motions under Section 404 of the First Step Act. See id. at 479

- 80. Therefore , as Williams acknowledges , hi s claim is foreclosed. See id. at 479

- 80.
The Government has filed an unopposed motion for summary affirmance and, alternatively, requests an extension of time to file its brief.

Because Williams concedes that the issues asserted on appeal are foreclos ed, summary affirmance is proper. See Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969).
Thus, the Government’s motion for summary affirmance is
**GRANTED** , the Government’s alternative motion for an extension of time
to file a brief is **D ENIED**  as moot , and the judgment of the district court is

**AFFIRMED**

. Case: 20-10693 Document: 00515700992 Page: 2 Date Filed: 01/11/2021
#### STATE of Missouri, Plaintiff/Respondent, v. Van PERRY, Defendant/Appellant. Van PERRY, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

No. 66068.

Missouri Court of Appeals, Eastern District, Division One.

April 16, 1996.

Gary E. Brotherton, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Mary Moulton Bryan, Assistant Attorney General, Jefferson City, for respondent.

Before REINHARD, P.J., and KAROHL and GRIMM, JJ.

*ORDER*

PER CURIAM.

Defendant appeals after his conviction by a jury for six counts of first degree robbery, § 669.020, RSMo 1986. He also appeals from the motion court’s judgment denying Rule 29.15 post-conviction relief. (An evi-dentiary hearing was awarded, but defendant submitted an affidavit in lieu of testifying and no other witnesses were called.) We affirm.

We have reviewed the record and find the claims of error on direct appeal are without merit. Movant’s sole point addressing the denial of Rule 29.15 relief concerns the effectiveness of his post-conviction counsel. Such claims are not cognizable on appeal. *State v. Ervin,*835 S.W.2d 905, 928-29 (Mo. banc 1992). An opinion would have no prece-dential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rules 30.25(b) and 84.16(b).
[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Proposed Rules]
[Pages 18541-18542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10289]



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


FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73

[MM Docket No. 96-76; RM-8770]


Radio Broadcasting Services; Nekoosa, WI

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: This document requests comments on a petition filed by Lyle R. 
Evans d/b/a The Radio Company, proposing the allotment of Channel 288A 
to Nekoosa, Wisconsin, as that community's second FM broadcast service. 
There is a site restriction 11.9 kilometers (7.4 miles) west of the 
community at coordinates 44-18-33 and 90-03-10.

DATES: Comments must be filed on or before June 10, 1996, and reply 
comments on or before June 25, 1996.

ADDRESSES: Federal Communications Commission, Washington, DC 20554. In 
addition to filing comments with the FCC, interested parties should 
serve the petitioner, as follows: Lyle R. Evans d/b/a The Radio 
Company, 1296 Marian Lane, Green Bay, Wisconsin 54304.

FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making, MM Docket No. 96-76, adopted March 11, 
1996, and released April 18, 1996. The full text of this Commission 
decision is available for inspection and copying during normal business 
hours in the Commission's Reference Center (Room 239), 1919 M Street, 
NW., Washington, DC. The complete text of this decision may also be 
purchased from the Commission's copy contractors, International 
Transcription Services, Inc., 2100 M Street, NW., Suite 140, 
Washington, DC 20037, (202) 857-3800.
    Provisions of the Regulatory Flexibility Act of l980 do not apply 
to this proceeding.
    Members of the public should note that from the time a Notice of 
Proposed Rule Making is issued until the matter is no longer subject to 
Commission consideration or court review, all ex parte contacts are 
prohibited in Commission proceedings, such as this one, which involve 
channel allotments. See 47 CFR 1.1204(b) for rules governing 
permissible ex parte contact.
    For information regarding proper filing procedures for comments, 
see 47 CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.


[[Page 18542]]


Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 96-10289 Filed 4-25-96; 8:45 am]
BILLING CODE 6712-01-F
Exhibit 32.1

                        CERTIFICATION OF PERIODIC REPORT

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  officers  of  Carbonics
Capital Corporation (the "Company"), certifies that:

     1.   The Annual Report on Form 10K/A  (Amendment  No. 1) of the Company for
          the Year ended  December 31, 2008 (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.




                                     /S/      PAUL MILLER
                                     ----------------------------------
Dated: January 15, 2010                       PAUL MILLER
                                              Chief Executive Officer

                                     /S/      JACQUELINE FLYNN
                                     ----------------------------------
Dated: January 15, 2010                       JACQUELINE FLYNN
                                              Chief Financial Officer

This  certification  is made solely for the purpose of 18 U.S.C.  Section  1350,
subject  to the  knowledge  standard  contained  therein,  and not for any other
purpose.