alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT

No. 19-10486

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHRISTINA ANN WHICHARD,

Defendant-Appellant

Appeal from the United States District Court 

for the Northern District of Texas

USDC No. 4:11-CR-196-7

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges

PER CURIAM:*

Christina Ann Whichard appeals the district court’s revocation of a 

previously imposed term of supervised release and its imposition of a 12-month 

term of imprisonment. Whichard was subject to mandatory revocation and 

imprisonment under 18 U.S.C. § 3583(g)(4) for having more than three positive 

drug tests over the course of one year. She argues that, because § 3583(g) does 

not require a jury determination under a beyond-a-reasonable-doubt standard,

* 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.

United States Court of Appeals

Fifth Circuit

FILED

January 20, 2020

Lyle W. Cayce

Clerk

 Case: 19-10486 Document: 00515277744 Page: 1 Date Filed: 01/20/2020
No. 19-10486

it is unconstitutional in light of the Supreme Court’s recent decision in United 

States v. Haymond, 139 S. Ct. 2369, 2380 (2019).

As Whichard concedes, review is for plain error. To prevail on plain error 

review, she must show a forfeited error that is clear or obvious and that affects 

her substantial rights. See Puckett v. United States, 556 U.S. 129, 135 (2009). 

If she makes such a showing, this court has the discretion to correct the error 

but only if it “seriously affect[s] the fairness, integrity or public reputation of 

judicial proceedings.” Id. (alteration in original) (internal quotation marks and 

citation omitted).

The decision in Haymond addressed the constitutionality of § 3583(k) of 

the supervised release statute, and the plurality opinion specifically stated 

that it was not expressing any view on the constitutionality of other 

subsections of the statute, including § 3583(g). See Haymond, 139 S. Ct. at 

2382 n.7. Because there currently is no case law from either the Supreme 

Court or this court extending Haymond to § 3583(g) revocations, we conclude 

that there is no error that was plain. See United States v. Escalante-Reyes, 689 

F.3d 415, 418 (5th Cir. 2012) (en banc); United States v. Gonzalez, 792 F.3d 

534, 538 (5th Cir. 2015).

As Whichard has not demonstrated that the district court committed 

plain error, her revocation and term of imprisonment are AFFIRMED.

2

 Case: 19-10486 Document: 00515277744 Page: 2 Date Filed: 01/20/2020
Exhibit 13.1

Certification of CEO and CFO 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 on Form 20-F (the Report) of Kenon Holdings Ltd. (the Company) for the fiscal year ended
December 31, 2015 as filed with the U.S. Securities and Exchange Commission (the SEC) on the date hereof, Yoav Doppelt, as Chief Executive Officer of the Company, and Tzahi Goshen, as Chief Financial Officer of the Company, each
hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



|(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/ Yoav Doppelt                 
|Name:  Yoav Doppelt              
|Title:    Chief Executive Officer
|Date:    April 22, 2016          
|                                 
|                                 
|/s/ Tzahi Goshen                 
|Name: Tzahi Goshen               
|Title: Chief Financial Officer   
|Date: April 22, 2016             

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided
to the Company and will be retained by the Company and furnished to the SEC or its staff upon request.

This certification accompanies the Report pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
#### Reginald L. BOND, Petitioner-Appellant, v. Ronald J. ANGELONE, Director of the Virginia Department of Corrections, Respondent-Appellee.

No. 00-6786.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 8, 2000.

Decided Jan. 5, 2001.

Reginald L. Bond, pro se. Matthew P. Dullaghan, Office of the Attorney General of Virginia, Richmond, VA, for appellee.

Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

PER CURIAM.

Reginald L. Bond seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2000). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. *See Bond v. Angelone,*No. CA-99-1239-2 (E.D.Va. May 18, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
[Federal Register Volume 75, Number 6 (Monday, January 11, 2010)]
[Notices]
[Page 1421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-251]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12000 and <greek-i>12001]


Texas Disaster <greek-i> TX-00354

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of Texas dated 01/04/2010.
    Incident: Severe Storms and Tornado.
    Incident Period: 12/23/2009.
    Effective Date: 01/04/2010.
    Physical Loan Application Deadline Date: 03/05/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 10/04/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing And Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Angelina.
Contiguous Counties:
    Texas: Cherokee, Houston, Jasper, Nacogdoches, Polk, San Augustine, 
Trinity, Tyler.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
    Homeowners With Credit Available Elsewhere...............      5.125
    Homeowners Without Credit Available Elsewhere............      2.562
    Businesses With Credit Available Elsewhere...............      6.000
    Businesses Without Credit Available Elsewhere............      4.000
    Non-Profit Organizations With Credit Available Elsewhere.      3.625
    Non-Profit Organizations Without Credit Available              3.000
     Elsewhere...............................................
For Economic Injury:
    Businesses & Small Agricultural Cooperatives Without           4.000
     Credit Available Elsewhere..............................
    Non-Profit Organizations Without Credit Available              3.000
     Elsewhere...............................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 12000 B 
and for economic injury is 12001 0.
    The States which received an EIDL Declaration <greek-i> are Texas.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

    Dated: January 4, 2009.
Karen G. Mills,
Administrator.
[FR Doc. 2010-251 Filed 1-8-10; 8:45 am]
BILLING CODE 8025-01-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

FEMA gives notice of the maximum amount for assistance under the Individuals and Households Program for emergencies and major disasters declared on or after October 1, 2010.

# DATES:

*Effective Date:*                         October 1, 2010, and applies to emergencies and major disasters declared on or after October 1, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Mark Misczak, Recovery Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 212-1000.

# SUPPLEMENTARY INFORMATION:

Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), 42 U.S.C. 5174, prescribes that FEMA must annually adjust the maximum amounts for assistance provided under the Individuals and Households (IHP) Program. FEMA gives notice that the maximum amount of IHP financial assistance provided to an individual or household under section 408 of the Stafford Act with respect to any single emergency or major disaster is $30,200. The increase in award amount as stated above is for any single emergency or major disaster declared on or after October 1, 2010. In addition, in accordance with 44 CFR 61.17(c), this adjustment includes the maximum amount of available coverage under any Group Flood Insurance Policy (GFIP) issued for those disasters.

FEMA bases the adjustment on an increase in the Consumer Price Index for All Urban Consumers of 1.1 percent for the 12-month period ended in August 2010. The Bureau of Labor Statistics of the U.S. Department of Labor released the information on September 17, 2010.

Catalog of Federal Domestic Assistance No. 97.048, Individuals and Households—Housing; 97.049 Individuals and Households—Disaster Housing Operations; 97.050, Individuals and Households—Other Needs.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-25328 Filed 10-6-10; 8:45 am]

BILLING CODE 9111-23-P
#### Kevin BROWN, Appellant, v. BETTY K. AGENCIES (USA) LLC, Appellee.

No. 3D10-1545.

District Court of Appeal of Florida, Third District.

April 13, 2011.

*1157Kishásha B. Sharp, for appellant.

Hayden, Milliken & Boeringer and William R. Boeringer, for appellee.

Before SUAREZ, CORTIÑAS, and EMAS, JJ.

SUAREZ, J.

Kevin Brown (“Brown”) appeals an order granting a motion for summary judgment in favor of Betty K. Agencies (“Betty K”) and dismissing the cause of action with prejudice. We affirm as the action is time-barred under the Carriage of Goods by Sea Act (“COGSA”).

Brown contracted with Betty K. for the shipment of a single crane truck from Miami to the Bahamas. On September 7, 2006, the proposed date of sailing, the crane truck was taken to the dock, pulleys were attached and the crane truck was lifted by the ship’s crane for loading aboard the vessel. In the process of loading, the truck was dropped by the ship’s crane and was damaged. Brown brought suit on January 25, 2008, approximately sixteen months after the incident, alleging breach of the shipping contract and negligence. Betty K. asserted that the one-year statute of limitations barred the action under COGSA. Betty K. moved for summary judgment based on the one-year statute of limitations contained in COGSA. Brown contended that the truck was never loaded onto the ship and that Betty K. was a mere freight forwarder, not a carrier, and therefore COGSA did not apply.

The agreement here is governed by the bill of lading. The bill of lading states that Betty K. was the forwarding agent and also states that the bill of lading is subject to the provisions of COGSA. The record facts demonstrate that Betty K. was the contracting agent for transport of the truck crane and that the damage to the truck crane occurred while it was being loaded onto the carrier. Once the truck crane was fitted with slings and hooked up to the ship’s crane, COGSA became applicable by operation of law. Since Betty K, as the agent of the carrier, rightfully asserted the statute of limitations to bar the negligence claim for the alleged negligence that occurred upon loading, the one-year statute of limitations period applies, and Brown is precluded from bringing the action, as being time-barred. *See Neutax, S.A. v. Global Freight Servs.,*No. 02-21943-Civ., 2002 WL 31962180 (S.D.Fla. Oct. 25, 2002) (holding that COGSA applies in relation to the loading, handling, storage, carriage and discharge of goods); *Birdsall, Inc. v. Tramore Trading Co., Inc.,*771 F.Supp. 1193 (S.D.Fla.1991) (holding that carrier’s agent was not es-topped from asserting the one-year limitations period of COGSA).

Affirmed.
585 A.2d 350

#### STATE OF NEW JERSEY v. VINCENT C. JOHNSON.

July 17, 1990.

Petition for certification granted.
Exhibit 4.4(c)



LOGO

WARRANT CERTIFICATE

(non-negotiable instrument)

Ascendis Pharma A/S
(cvr.no. 2991 8791), with its principal business address at [ADDRESS] (hereinafter referred to as Ascendis Pharma), has on [date] issued this Warrant Certificate to

[name]

(hereinafter
referred to as the Warrantholder)

whereby the Warrantholder without payment has received and accepted allocation of [number] warrants, which
confer the right to subscribe [number] ordinary shares in Ascendis Pharma at a subscription price of US$ [price] per ordinary share with a nominal value of DKK 1.

The other terms applying to the warrants have been set forth in Ascendis Pharmas articles of association [clause [number] [of appendix [number]], which
is attached to this Warrant Certificate.



|                               |  |  |  |                 
|------------------------------ |  |  |  | ----------------
|Hellerup, [date]               |  |  |  | [Place and date]
|                               |  | 
|                               |  |  |  |                 
|Michael Wolff Jensen, Chairman |  |  |  | [name]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6359 MARK ALLEN WYNN, Plaintiff - Appellant, versus CORRECTIONAL OFFICER MUNDO; NORTH CAROLINA DEPARTMENT OF CORRECTIONS; ALBEMARLE CORRECTIONAL INSTITUTION; CORRECTIONAL OFFICER HONBARRIER; CORRECTIONAL OFFICER BRUTON; CORRECTIONAL OFFICER SMITH; CORRECTIONAL OFFICER CAVINESS; CORRECTIONAL OFFICER EUDY; SERGEANT CHESTNUT; SERGEANT PORTER; LIEUTENANT FLETCHER, Defendants - Appellees. Appeal from the United States District Court for the Middle District to North Carolina, at Greensboro. Frank W. Bullock, Jr., District Judge. (CA-04-365-FWB) Submitted: August 25, 2005 Decided: September 1, 2005 Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Mark Allen Wynn, Appellant Pro Se. Elizabeth F. Parsons, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Mark Allen Wynn appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Wynn v. Correctional Officer Mundo , No. CA-04-365-FWB (M.D.N.C. Feb. 7, 2005). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. Wynn’s motion for appointment of counsel is denied.

AFFIRMED
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Pension  Partners  1993-D,  Ltd.'s  balance  sheet and  statement of  operations
contained  in its Form 10-Q for the  quarter  ended  September  30,  1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         242,357
<SECURITIES>                                   0
<RECEIVABLES>                                  11,946
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               254,303
<PP&E>                                         3,163,489
<DEPRECIATION>                                 (2,631,882)
<TOTAL-ASSETS>                                 785,910
<CURRENT-LIABILITIES>                          3,653
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     782,257
<TOTAL-LIABILITY-AND-EQUITY>                   785,910
<SALES>                                        68,854
<TOTAL-REVENUES>                               68,899
<CGS>                                          0
<TOTAL-COSTS>                                  54,282<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (30,774)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (30,774)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (30,774)
<EPS-BASIC>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes general and  administrative  and
interest expense.
</FN>



</TABLE>
Exhibit 4.7





Image result for accelovance logo





8
November 2016



Stefano
Buono



Chief
Executive Officer



Advance
Accelerator Applications



20
rue Diesel, 01630



Saint-Genis-Pouilly



France





Dear
Mr. Buono:



In
response to a request from your Head of Legal Cécile Meynet, this letter is intended to clarify the status of the Clinical
Services Agreement (the “Agreement”) between Advanced Accelerator Applications (hereafter to be referred to as “Sponsor”)
and Accelovance Europe S.r.l. (hereinafter to be referred to as “Accelovance”) with respect to the clinical trial
known as, “A multicenter, stratified, open, randomized, comparator-controlled, paral lel groups phase III study comparing
treatment with 177Lu-DOTAO-Tyr3-Octreotate to Octreotide LAR in patients with inoperable, progressive, somatostatin receptor positive
midgut carcinoid tumours” (the “Study”). The initial Agreement was entered into by Pierrel Research Italy Spa
on 1 November 2011.



With
this letter, Accelovance certifies that it is the registered legal entity that has entered into the Agreement with the Sponsor
(Italian fiscal code registration number 03777940374) and it will continue to be bound by and honor the terms of the Agreement
as modified by subsequent amendments and change orders.



We
look forward to continuing to work with you to see the Study th rough to a successful conclusion.



Sincerely,



/s/
Nigel Trim



Nigel
Trim



Managing
Director



Accelovance
Europe S.r.I.

















|ACCELOVANCE
    EUROPE S.r.l.	      Socio Unico – Società soggetta a controllo e coordinamento
    da parte di ACCELOVANCE, Inc.                                                                                                                
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|Sede
                           Operativa
        
        Via
        Alberto Falck,
        
        20099
        Sesto San Giovanni (MI) – Italia
        
        Tel:
        +39 02 2413491
        
        Fax:
        +39 02 24862961















Image result for accelovance logo







Acknowledged
and agreeed on behalf of the Sponsor:



ADVANCED
ACCELERATOR APPLICATIONS



|By:    | /s/
    Stefano Buono   | 
|------ | ----------------------- | 
|Name:  | Stefano Buono           | 
|Title: | Chief Executive Officer | 
|Date:  | 11/14/2016              |