alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Page 31166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15536]



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DEPARTMENT OF LABOR
[TA-W-32,231]


Roseburg Forest Product, Sawmill #1, Dillard, Oregon; Amended 
Certification Regarding Eligibility To Apply for Worker Adjustment 
Assistance

    In accordance with section 223 of the trade Act of 1974 (19 U.S.C. 
2273) the Department of Labor issued a Certification of Eligibility to 
Apply for Worker Adjustment Assistance on May 20, 1996, applicable to 
all workers of Roseburg Forest Product, Sawmill #1, located in Dillard, 
Oregon. The notice will soon be published in the Federal Register.
    The Department reviewed the certification for workers of the 
subject firm. The Department is amending the certification for workers 
of the subject firm to change the impact date. New findings show that 
workers of the subject firm in Dillard, Oregon, engaged in the 
production of lumber products, were covered under a previous 
certification, TA-W-29-108, that expired February 8, 1996.
    The amended notice applicable to TA-W-32,231 is hereby issued as 
follows:

    All workers of Roseburg Forest Product, Sawmill #1, Dillard, 
Oregon who became totally or partially separated from employment on 
or before February 8, 1996, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974.

    Signed at Washington, D.C. this 6th day of June 1996.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 96-15536 Filed 6-18-96; 8:45 am]
BILLING CODE 4510-30-M
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Notices]
[Page 25857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12910]



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DEPARTMENT OF ENERGY
[Project No. 2019-000]


Pacific Gas and Electric Co.; Notice of Authorization for 
Continued Project Operation

May 17, 1996.
    On May 5, 1994, Pacific Gas and Electric Company, licensee for the 
Utica Project No. 2019, filed an application for a new or subsequent 
license pursuant to the Federal Power Act (FPA) and the Commission's 
regulations thereunder. Project No. 2019 is located on the North Fork 
Stanislaus River and Silver, Beaver, Mill, and Angels Creeks in 
Calaveras. Toulumne, and Alpine Counties, California.
    The license for Project No. 2019 was issued for a period ending May 
8, 1996. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the 
Commission, at the expiration of a license term, to issue from year to 
year an annual license to the then licensee under the terms and 
conditions of the prior license until a new license is issued, or the 
project is otherwise disposed of as provided in Section 15 or any other 
applicable section of the FPA. If the project's prior license waived 
the applicability of Section 15 of the FPA, then, based on Section 9(b) 
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth 
at 18 CFR 16.21(a), if the licensee of such project has filed an 
application for a subsequent license, the licensee may continue to 
operate the project in accordance with the terms and conditions of the 
license after the minor or minor part license expires, until the 
Commission acts on its application. If the licensee of such a project 
has not filed an application for a subsequent license, then it may be 
required, pursuant to 18 CFR 16.21(b), to continue project operations 
until the Commission issues someone else a license for the project or 
otherwise orders disposition of the project.
    If the project is subject to Section 15 of the FPA, notice is 
hereby given that an annual license for Project No. 2019 is issued to 
Pacific Gas and Electric Company for a period effective May 9, 1996, 
through May 8, 1997, or until the issuance of a new license for the 
project or other disposition under the FPA, whichever comes first. If 
issuance of a new license (or other disposition) does not take place on 
or before May 8, 1997, notice is hereby given that, pursuant to 18 CFR 
16.18(c), an annual license under Section 15(a)(1) of the FPA is 
renewed automatically without further order or notice by the 
Commission, unless the Commission orders otherwise.
    If the project is not subject to Section 15 of the FPA, notice is 
hereby given that Pacific Gas and Electric Company is authorized to 
continue operation of the Utica Project No. 2019 until such time as the 
Commission acts on its application for subsequent license.
Lois D. Cashell,
Secretary.
[FR Doc. 96-12910 Filed 5-22-96; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 31.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Gary D. Tollefson, M.D., Ph.D., certify that:

1. I have reviewed this quarterly report on Form 10-Q of Orexigen Therapeutics, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;

4. The registrants other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a. designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including
its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b. evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and

c. disclosed in this report any change in the
registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants
other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):

a. all significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

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

Date: May 9, 2008



|                                     
|-------------------------------------
|                                     
|/s/ Gary D. Tollefson                
|Gary D. Tollefson, M.D., Ph.D.       
|President and Chief Executive Officer
United States Court of Appeals

for the Fifth Circuit

No. 20-50716

consolidated with

No. 20-50719

Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Gaspar Bernal-Bernal,

Defendant—Appellant.

Appeals from the United States District Court

for the Western District of Texas

USDC No. 4:20-CR-61-1

USDC No. 4:20-CR-16-1

Before Davis, Stewart, and Dennis, Circuit Judges.

Per Curiam:*

Gaspar Bernal-Bernal appeals the 14-month within-guidelines 

sentence imposed following his guilty plea conviction for illegal reentry after 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 23, 2021

Lyle W. Cayce

Clerk

Case: 20-50716 Document: 00515754186 Page: 1 Date Filed: 02/23/2021
No. 20-50716

c/w No. 20-50719

2

removal from the United States, in violation of 8 U.S.C. § 1326. He also 

appeals the concomitant revocation of his probation term related to his prior 

conviction for illegal reentry.

Raising one issue on appeal, Bernal-Bernal argues that his new illegal 

reentry sentence, imposed under § 1326(b)(1), violates his due process rights 

by exceeding the two-year statutory maximum set forth in § 1326(a) because 

the indictment did not allege a prior conviction necessary for the § 1326(b)(1) 

enhancement. He concedes that this argument is foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 226-27 (1998), and he seeks to preserve 

the issue for further review. The Government filed an unopposed motion for 

summary affirmance agreeing that the issue is foreclosed and, in the 

alternative, a motion for an extension of time to file a brief.

As the Government argues, and Bernal-Bernal concedes, the sole 

issue raised on appeal is foreclosed by Almendarez-Torres. See United States 

v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. PinedaArrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Because the issue is 

foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. 

v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Although the appeals of Bernal-Bernal’s illegal reentry conviction and 

probation revocation were consolidated, he does not address the revocation 

in his appellate brief. Consequently, he has abandoned any challenge he 

could have raised to the revocation or revocation sentence. See Yohey v. 

Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

Accordingly, the Government’s motion for summary affirmance is 

GRANTED, and the judgments of the district court are AFFIRMED. 

The Government’s alternative motion for an extension of time to file a brief 

is DENIED.

Case: 20-50716 Document: 00515754186 Page: 2 Date Filed: 02/23/2021
[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Notices]
[Pages 2816-2817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1485]



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DEPARTMENT OF ENERGY
[Docket No. CP96-49-001]


National Fuel Gas Supply Corporation; Notice of Petition To 
Vacate In-Part

January 23, 1996.
    Take notice that on January 18, 1996, National Fuel Gas Supply 
Corporation (National), 10 Lafayette Square, Buffalo, New York 14203, 
filed in Docket No. CP96-49-001 a ``Notice of Continuation of Service'' 
stating that National would continue service to Boston Gas Company 
(Boston Gas) under National's SS-2 Rate Schedule, all as more fully set 
forth in the amendment on file with the Commission and open to public 
inspection.
    On December 19, 1995, the Commission issued an order in Docket No. 
CP96-49-000, granting the authority requested by National on 

[[Page 2817]]
November 3, 1995, to abandon storage service to Boston Gas under 
National's SS-2 Rate Schedule and to abandon storage service to three 
other customers (Orange & Rockland Utilities, Inc., Penn Fuel Gas, Inc. 
and The Southern Connecticut Gas Company), effective April 1, 1996.\1\

    \1\See 73 FERC para. 62,180 (1995).
---------------------------------------------------------------------------

    National states that following the filing of National's 
application, National and Boston Gas entered into negotiations over the 
continuation of Boston Gas' SS-2 service. National states that these 
negotiations have culminated in an agreement extending the primary term 
of Boston Gas' SS-2 service agreement through March 31, 1998. National 
states that, in this regard, National is authorized by Boston Gas to 
state that Boston Gas rescinds its notice of termination given to 
National in March, 1995. National states that it deletes Boston Gas 
from the services it proposed to terminate.
    The Commission will treat National's Notice of Continuation of 
Service as a petition to vacate in-part the authorization granted 
pursuant to Section 7(b) in Docket No. CP96-49-000.
    Any person desiring to be heard or to make any protest with 
reference to said petition should on or before February 7, 1996, file 
with the Federal Energy Regulatory Commission, Washington, D.C. 20426, 
a motion to intervene or a protest in accordance with the requirements 
of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 
385.211) and the Regulations under the Natural Gas Act (18 CFR 157.10). 
All protests filed with the Commission will be considered by it in 
determining the appropriate action to be taken but will not serve to 
make the protestants parties to the proceeding. Any person wishing to 
become a party to a proceeding or to participate as a party in any 
hearing therein must file a motion to intervene in accordance with the 
Commission's Rules.
Lois D. Cashell,
Secretary
[FR Doc. 96-1485 Filed 1-26-96; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 10.4(e)

                       RESOLUTIONS APPROVING AMENDMENTS TO
                 THE SUPPLEMENTARY PENSION PLAN (THE "PLAN") OF
                AIR PRODUCTS AND CHEMICALS, INC. (THE "COMPANY")


     WHEREAS, the Plan provides that Plan pension benefits can be paid in
several optional forms of benefit elected by the Employee, including a single
lump sum cash payment calculated by converting the primary form of benefit, a
single life annuity, into an actuarially equivalent single lump sum, using
mortality assumptions specified in the Plan;

      WHEREAS, it has been recommended to the Committee that the specified
mortality assumptions should be modified and updated to better assure the
actuarial equivalence of the single lump sum form of benefit to the primary form
of benefit; and

      WHEREAS, it has been further recommended to the Committee that the
value of the accrued benefits of current Plan participants should be preserved
so that the recommended change in mortality assumptions does not reduce the
amount of any current Plan participants' optional single lump sum cash payment
of their accrued pension benefit;

      NOW, THEREFORE, BE IT RESOLVED, that, effective as of the date hereof,
section 3.6(b) of the Plan is amended to provide that the mortality assumptions
used to determine the life expectancy for purposes of converting the primary
form of benefit into the single lump sum form of benefit shall be determined
from a unisex version of the 1994 Group Annuity Mortality table;

      RESOLVED FURTHER, that the Plan shall be further amended to provide
that, with respect to any participant who has an accrued benefit in the Plan as
of the date hereof, the amount of the optional single lump sum cash payment form
of benefit provided section 3.6(b) of the Plan shall be the greater of such lump
sum cash payment amount calculated using the mortality assumptions specified by
the Plan without regard to the foregoing amendment, or the amount calculated
using the mortality assumptions prescribed by the foregoing amendment; and

      RESOLVED FURTHER, that the proper officers of the company be, and they
each hereby are, authorized and empowered, in the name and on behalf of the
Company, to make, execute and deliver such instruments, documents and
certificates and to do and perform such other acts and


<PAGE>

things as may be necessary or appropriate to accomplish the amendments of the
Plan, as aforesaid, and to carry out the intent and accomplish the purposes of
these resolutions, including, without limitation, making such amendments and
other revisions in the respective Plan and the text thereof as may be required,
in their discretion and upon advice of counsel to the Company, to effect the
foregoing amendments.


                                          APCI MANAGEMENT DEVELOPMENT
                                          AND COMPENSATION COMMITTEE

                                          20 September 2000

                                       2
|   | (i)    | the accompanying Annual Report on Form 10-K/A of the Company for the year ended December 31, 2012 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                        |
|   | (ii)   | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                        |

| By:    | /s/ Peter D. Thompson                                                                     |
|--------|-------------------------------------------------------------------------------------------|
|   |                                                                                      |
|   | Name: Peter D. Thompson                                                                   |
|   | Title: Executive Vice President, Chief Financial Officer and Principal Accounting Officer |

----
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**559 KA 10-01503** 
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

JAMIE C. HARRISON, DEFENDANT-APPELLANT.

CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT-APPELLANT.

SCOTT D. MCNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered June 20, 2007. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]) for intentionally causing the death of Jamon Miller, whose body was found in defendant’s home. In his statements to the police, defendant claimed that someone else, whom he would not identify, had killed Miller, and that he then killed the person who was responsible for killing Miller. That other person was referred to as “W” by the police during the interrogation of defendant. On appeal, defendant contends that reversal is required because he may have been convicted of an unindicted act of murder, i.e., the killing of “W.” That contention is not preserved for our review ( see People v Allen , 24 NY3d 441, 449-450), and is without merit in any event. The prosecutor and defense counsel reminded the jury during their opening and closing statements that defendant was charged with killing only Miller, and County Court gave similar instructions to the jury. There is therefore no danger that the jury convicted defendant of an unindicted act ( see People v Cooke , 119 AD3d 1399, 1400, affd 24 NY3d 1196; see also People v Rodriguez , 32 AD3d 1203, 1205, lv denied 8 NY3d 849).

Defendant contends that his statements to the police were involuntarily made inasmuch as he was sleep-deprived and intoxicated during the 12-hour interrogation. Defendant failed to raise that specific contention as a ground for suppressing those statements in his motion papers or at the suppression hearing and thus failed to preserve that contention for our review ( see People v Brown , 120 AD3d 954, 955, lv denied 24 NY3d 1118). In any event, we conclude that the**-2- 559 KA 10-01503** 

record does not support defendant’s contention regarding the alleged involuntariness of his statements ( see People v Hunter , 46 AD3d 1374, 1375, lv denied 10 NY3d 812; People v Swimley , 190 AD2d 1070, 1071, lv denied 81 NY2d 977).

Viewing the evidence in light of the elements of the crime as charged to the jury ( see People v Danielson , 9 NY3d 342, 349), we reject defendant’s contention that the verdict is against the weight of the evidence ( see generally People v Bleakley , 69 NY2d 490, 495). Finally, the sentence is not unduly harsh or severe.

Entered: May 1, 2015 Frances E. Cafarell Clerk of the Court
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--FILED --LODGED 

--,."=.:.R.::;;:EC:::::E!!.!IVE:.::D--==~C~OPY ... 

JUN 1 1 2019 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

, Plaintiff, 

V. 

Scott Daniel Warren, 

Defendant. 

No. CR-18-.00223-TUC-RCC(DTF) 

JURY QUESTIONS 

DURING TRIAL · 

Jury questions during trial. 

Day 1 

Case 4:18-cr-00223-RCC-DTF Document 266 Filed 06/11/19 Page 1 of 2
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0 

0 

Case 4:18-cr-00223-RCC-DTF Document 266 Filed 06/11/19 Page 2 of 2