alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Kendall WARNER, Defendant-Appellant.

No. 02-2553.

United States Court of Appeals, Seventh Circuit.

*135Submitted Feb. 10, 2003.*

Decided Feb. 10, 2003.

Before COFFEY, EASTERBROOK, and MANION, Circuit Judges.

*

 After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. *See*Fed. R.App. P. 34(a)(2).

ORDER

After he was denied parole, federal prisoner Kendall Warner requested a copy of his presentence investigation report. The district court denied his request. We affirm.

Warner requested the report to resolve a dispute about the 1985 conviction for which he is serving time. Warner believes that in denying him parole the parole board relied on an inaccurate postsentence report to calculate the severity of his offense. The postsentence report, dated December 19, 2000, identifies his crime as extortion by mail, *see*18 U.S.C. § 876, 112. But Warner claims, and the transcript of his plea hearing corroborates, that he actually pleaded guilty to the lesser-included offense of sending threatening communications through the mail without the intent to extort money, *id.*§ 876, ¶ 3.

Warner does not have access to his presentence investigation report because his copy was destroyed in a flood at his attorney’s office. He then requested a copy of his presentence report from the district court. The court learned that apparently no other copy exists. The copies held by the probation office and the government have been destroyed pursuant to normal document retention policies, and the copy sent to the federal records center could not be found. Thus, the district court could not meet Warner’s request and denied his motion, but nonetheless the court obtained and provided Warner with a copy *136of his December 2000 *postsentence*report, which was relied upon by the parole board, as a substitute.

Presentence investigation reports are judicial records that are afforded extra protection by the courts, *United States v. Corbitt,*879 F.2d 224, 236 (7th Cir.1989), so as to protect the traditional confidentiality of the personal information they contain, *see Williams v. New York,*337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949). The district court had jurisdiction over Warner’s request because the public, including the parties to an action, have a right of access to judicial records. *See Smith v. United States Dist. Ct. Officers,*203 F.3d 440, 441 (7th Cir.2000); *Corbitt,*879 F.2d at 236. But Warner does not dispute that the relief he sought was impossible to provide, and thus we affirm the district court’s ruling.

We need not reach the merits of Warner’s additional argument that his due process rights were violated by the use of the alleged inaccurate postsentence report to determine whether or not he should receive parole because this contention was not put before the district court and so is not properly before us. *Praxair, Inc. v. Hinshaw & Culbertson,*235 F.3d 1028, 1035 (7th Cir.2000).

AFFIRMED.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 597 Introduced in House (IH)]

  1st Session
                                H. R. 597

To amend the Agricultural Trade Act of 1978 to establish a condition on 
 the provision of assistance under the export enhancement program for 
                       the export of durum wheat.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 1995

 Mr. Andrews introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
To amend the Agricultural Trade Act of 1978 to establish a condition on 
 the provision of assistance under the export enhancement program for 
                       the export of durum wheat.

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

SECTION 1. STOCK TO USE RATIO LIMITATION ON ASSISTANCE FOR EXPORT OF 
              DURUM WHEAT UNDER EXPORT ENHANCEMENT PROGRAM.

    Section 301(b) of the Agricultural Trade Act of 1978 (7 U.S.C. 
5651(b)) is amended by adding at the end the following new paragraph:
            ``(9) Special rule for durum wheat exports.--In any 
        marketing year for which the projected stock to use ratio 
        prepared by the Secretary of Agriculture for durum wheat is 
        less than or equal to 40 percent, the Commodity Credit 
        Corporation may not make available any assistance (whether in 
        the form of agricultural commodities, cash payments, or other 
        bonus) under this section for the export of durum wheat.''.
                                 <all>
```
Unassociated Document


Exhibit 4.20


 


English Translation for Reference







POWER OF ATTORNEY


 


I, Yuan Tian, a citizen of the People’s Republic of China (the “PRC”) with the Chinese ID card No.:           , is the shareholder of Shenzhen Xinbao Investment Management Co., Ltd (“Shenzhen Xinbao”), holding 5% equity interest of Shenzhen Xinbao. I hereby irrevocably appoint Ying Si Kang Information Technology (Shenzhen) Co., Ltd. (“Ying Si Kang”) to exercise the following rights during the term of this Power of Attorney:


 


I hereby authorize the person designated by Ying Si Kang which it thinks fit to represent me with full power to exercise all voting rights of shareholder to which I shall be entitled in accordance with PRC laws and Shenzhen Xinbao’s Articles at shareholders’ meetings of Shenzhen Xinbao, including but not limited to the right to sell or transfer any or all of my equity interest in Shenzhen Xinbao, to vote on all important matters of Shenzhen Xinbao as my authorized representative at its shareholders’ meetings, and to elect and appoint the directors and officers of Shenzhen Xinbao, etc. I will issue a power of attorney to the person designated by Ying Si Kang from time to time as per its request so as to facilitate the designee with full power to exercise all voting rights of shareholder at shareholders’ meetings of Shenzhen Xinbao on my behalf.


 


If Ying Si Kang designates me to attend a shareholders’ meeting of Shenzhen Xinbao, I promise that I will exercise the voting rights of shareholder according to the instructions of Ying Si Kang.


 


During the validly existing period of Shenzhen Xinbao and within the term of the Loan Agreement executed by myself and Ying Si Kang, this Power of Attorney shall have a term of ten (10) years from the execution date of this Power of Attorney.


 




 



	 	/s/ Yuan Tian 
	 	Yuan Tian
	 	 
	 	April 18, 2011
Exhibit 32.2
 CERTIFICATION
    PURSUANT TO
    18 U.S.C. SECTION 1350,
    AS ADOPTED PURSUANT TO
    SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Form 10-K Rule 13a-14(b)
  (1)
    The Report fully complies with the requirements of
    Section 13(a) or 15(d) of the Securities Exchange Act of
    1934, as amended; 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/

Helen W.
    CornellHelen W. Cornell
    Executive Vice President, Finance and
      Chief Financial Officer
    Gardner Denver, Inc.
    March 2, 2009
Exhibit 13.1

Certification of Chief Executive Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of WNS
(Holdings) Limited (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the accompanying annual report on Form 20-F of the Company for the year ended March 31, 2015 (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.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: May 5, 2015



|       |  |                              
|------ |  | -----------------------------
|By:    |  | /s/ Keshav R. Murugesh       
|Name:  |  | Keshav R. Murugesh           
|Title: |  | Group Chief Executive Officer

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is
not being filed either as part of the Report or as a separate disclosure statement, and is not to be incorporated by reference into the Report or any other filing of the Company, whether made before or after the date hereof, regardless
of any general incorporation language in such filing. The foregoing certification shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of
Section 18 or Sections 11 and 12(a)(2) of the Securities Act of 1933, as amended.
Exhibit 32.2

 

**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 Quarterly Report of GCI, Inc. (the “Company”) on Form 10-Q/A for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John M. Lowber, 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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

| Date:  November 30, 2006 | /s/ John M. Lowber      |
|--------------------------|-------------------------|
|                     | John M. Lowber          |
|                     | Chief Financial Officer |
|                     | GCI, Inc.               |

 

 

 

1
Exhibit 23



                         CONSENT OF INDEPENDENT AUDITORS

         We consent to the  reference  to our firm under the  caption  "Selected
financial  data"  and to the  incorporation  by  reference  in the  Registration
Statements  on Form S-8 (Nos.  33-81044,  333-19753,  333-59902,  333-74197  and
333-86728)  (pertaining to the 1991 Qualified Stock Option Plan, the Amended and
Restated 1993 Stock Option and Restricted  Stock Purchase Plan, the 1995 Amended
and Restated  Non-Employee Director Stock Option Plan and the 1998 Non-Executive
Employee  Stock Option and  Restricted  Stock  Purchase Plan) and Form S-3 (Nos.
333-95361,  333-33986,  333-37630,  333-45818,  333-49628, 333-59346, 333-63514,
333-99559,  333-99673,  333-106420,  333-110729,  and  333-112611) of our report
dated March 9, 2004 with respect to the  consolidated  financial  statements and
schedule of Arotech  Corporation  (f/k/a Electric Fuel  Corporation) for each of
the three years  included in the period ended December 31, 2003 included in this
Annual Report (Form 10-K) for the year ended December 31, 2003.



                                           /s/ Kost, Forer, Gabbay & Kassierer
                                           -------------------------------------
                                               Kost, Forer, Gabbay & Kassierer
                                               A Member of Ernst & Young Global



Tel-Aviv, Israel
March 30, 2004
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 670 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 670

 To waive certain statutory time limitations with respect to the award 
of military decorations in the case of the award of the Medal of Honor 
                          to Marcelino Serna.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1995

 Mr. Coleman introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL

 
 To waive certain statutory time limitations with respect to the award 
of military decorations in the case of the award of the Medal of Honor 
                          to Marcelino Serna.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the time 
limitations specified in section 3744(b) of title 10, United States 
Code, shall not apply with respect to the posthumous award of the Medal 
of Honor under section 3741 of such title to the late Marcelino Serna 
of El Paso, Texas, for acts of heroism performed while serving as a 
private in the United States Army during World War I.
                                 <all>
```
Exhibit



AMENDMENT NUMBER ONE
COLFAX CORPORATION 
NONQUALIFIED DEFERRED COMPENSATION PLAN
The Colfax Corporation Nonqualified Deferred Compensation Plan (the “Plan”) is hereby amended as follows, effective as of February 13, 2017:
		
	1.
	Article 1 is hereby amended to add a new defined term as follows:


“Forfeitable Right” shall mean an amount to which a Participant has a legally binding right that is payable in a subsequent year and requires continued service by the Participant for a period of at least twelve (12) months to avoid forfeiture of such amount. 
		
	2.
	Section 3.2 is hereby amended to add the following two new subsections and to renumber the existing Section 3.2(d) to Section 3.2(f)




(d)    Short-Term Deferrals.  Notwithstanding the foregoing, the Committee may, in its sole discretion, determine that an irrevocable deferral election pertaining to certain amounts that would otherwise be considered exempt from Section 409A of the Code as short-term deferrals may be made by timely delivering an Election Form to the Committee, in accordance with its rules and procedures, no later than twelve (12) months before the date the substantial risk of forfeiture with respect to such payment lapses.  Such deferral election shall be treated as subsequent deferral election and subject to the provisions of Section 4.2 below.  
(e)    Forfeitable Rights.  Notwithstanding the foregoing, the Committee may, in its sole discretion, determine that an irrevocable deferral election pertaining to a Forfeitable Right may be made by timely delivering an Election Form to the Committee, in accordance with its rules and procedures, no later than thirty (30) days after the Participant obtains a legally binding right to the Forfeitable Right; provided that the election is made at least twelve (12) months in advance of the earliest date at which the forfeiture condition to which the Forfeitable Right is subject could lapse (other than as a result of the Participant’s death or Disability or the occurrence of a Change in Control). 
In all other respects the Plan, as amended herein, is hereby ratified and confirmed.
IN WITNESS WHEREOF, Colfax Corporation has caused this instrument to be signed by its duly authorized officer as of this 13th day of February, 2017.
COLFAX CORPORATION
By: /s/ Gunnar Gustafson    
Its: Vice President, HR/Total Rewards    


1
[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Page 49667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19469]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR08-15-002]


Energy Transfer Fuel, LP; Notice of Compliance Filing

August 14, 2008.
    Take notice that on August 11, 2008, Energy Transfer Fuel, LP filed 
a Statement of Operating Conditions pursuant to section 284.123(e) of 
the Commission's regulations and to comply with the July 11, 2008, 
order issued in Docket Nos. PR08-15-000 and PR08-15-001.
    Any person desiring to protest this filing must file in accordance 
with Rule 211 of the Commission's Rules of Practice and Procedure (18 
CFR 385.211). Protests to this filing will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceeding. Such protests 
must be filed on or before the date as indicated.
    The Commission encourages electronic submission of protests in lieu 
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons 
unable to file electronically should submit an original and 14 copies 
of the protest to the Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#89cfccdbcac6e7e5e0e7ecdafcf9f9e6fbfdc9efecfbeaa7eee6ff"><span class="__cf_email__" data-cfemail="65232037262a0b090c0b00361015150a171125030017064b020a13">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment date is: 5 p.m. Eastern Time on Friday, August 22, 2008.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-19469 Filed 8-21-08; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**Exhibit 32.2**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Annual Report of NMS Communications Corporation (the “Company”) on Form 10-Kfor the year ending December 31, 2006 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Herbert Shumway,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, asadopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to the best ofmy knowledge:

(1)   the Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

(2)   the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.
| /s/  HERBERT SHUMWAY |   |
|--------------------------------|--------|
| Herbert Shumway                |   |
| Chief Financial Officer        |   |
| March 16, 2007            |   |

 

This Certification shall not be deemed part of theReport or incorporated by reference into any of the Company’s filings with theSecurities and Exchange Commission by implication or by any reference in anysuch filings to the Report.

----
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk April 1, 2013

p0325 

# Order

April 1, 2013

146233

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 146233

COA: 305006

Saginaw CC: 10

- 033800

- FH

PETER ALFRED PEREZ,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 30, 2012

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 827 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 827

To authorize the Secretary of Transportation to issue a certificate of 
 documentation with appropriate endorsement for the vessel ALPHA TANGO.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1995

Mr. Burton of Indiana introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
 documentation with appropriate endorsement for the vessel ALPHA TANGO.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That notwithstanding 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the 
Act of June 19, 1886 (46 App. U.S.C. 289), and sections 12106, 12107, 
and 12108 of title 46, United States Code, the Secretary of 
Transportation may issue a certificate of documentation with 
appropriate endorsement for the vessel ALPHA TANGO (United States 
official number 723340).
                                 <all>
```