alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I 

108TH CONGRESS 

2D SESSION H. R. 4180 

To amend title 10, United States Code, to provide reimbursement for members of the Armed Forces retired for a combat-related disability for 

travel to military treatment facilities for medical care during the first 

two years after such retirement. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2004 

Mr. JONES of North Carolina introduced the following bill; which was referred 

to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide reimbursement for members of the Armed Forces retired for a 

combat-related disability for travel to military treatment 

facilities for medical care during the first two years 

after such retirement. 

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

3 SECTION 1. TRAVEL REIMBURSEMENT FOR MILITARY DIS4 ABILITY RETIREES. 

5 (a) REIMBURSEMENT BASED ON DEPARTMENT OF

6 VETERANS AFFAIRS BENEFICIARY TRAVEL RATE.—Sec-
2 

•HR 4180 IH 

1 tion 1074i of title 10, United States Code, is amended 

2 by adding at the end the following new subsection: 

3 ‘‘(c) DISABILITY RETIREES.—A member retired 

4 under chapter 61 of this title for a combat-related dis5 ability (as defined in section 1413a(e) of this title) shall 

6 be provided reimbursement for the travel expenses of such 

7 member for travel, during the two-year period beginning 

8 on the date of the retirement of the member, to a military 

9 treatment facility for medical care. Reimbursement under 

10 this subsection shall, as nearly as practicable, be under 

11 the same terms and conditions, and shall be at the same 

12 rate, as apply to beneficiary travel reimbursement pro13 vided by the Secretary of Veterans Affairs under section 

14 111 of title 38.’’. 

15 (b) EFFECTIVE DATE.—Subsection (c) of section 

16 1074i of title 10, United States Code, as added by sub17 section (a), shall apply with respect to members retired 

18 under chapter 61 of title 10, United States Code, on or 

19 after October 7, 2001. 

Æ
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v.

ISAI CURIEL-PERALES, AKA Isaia 

Curiel-Perales, AKA Isai Leivas Alvarez, 

AKA Victor Soto-Soto, 

Defendant-Appellant.

Nos. 21-10274 

 21-10275

D.C. Nos. 2:17-cr-00434-GMS-1 

 2:21-cr-00362-GMS-1

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

G. Murray Snow, District Judge, Presiding

Submitted August 17, 2022**

Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.

In these consolidated appeals, Isai Curiel-Perales appeals from his guiltyplea conviction and 41-month sentence for reentry of a removed alien, in violation 

of 8 U.S.C. § 1326, and the revocation of his supervised release and consecutive 

12-month sentence imposed upon revocation. Pursuant to Anders v. California, 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

AUG 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-10274 & 21-10275

386 U.S. 738 (1967), Curiel-Perales’s counsel has filed a brief stating that there are 

no grounds for relief, along with a motion to withdraw as counsel of record. We 

have provided Curiel-Perales the opportunity to file a pro se supplemental brief. 

No pro se supplemental brief or answering brief has been filed.

In Appeal No. 21-10275, Curiel-Perales waived his right to appeal his 

conviction and sentence. Our independent review of the record pursuant to

Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable issue as to the 

validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 

2009). We accordingly dismiss this appeal. See id. at 988. 

In Appeal No. 21-10274, our independent review of the record under Penson 

discloses no arguable grounds for relief on direct appeal as to the revocation of 

supervised release or the disposition. We accordingly affirm this appeal.

Counsel’s motion to withdraw is GRANTED.

APPEAL NO. 21-10274 AFFIRMED.

APPEAL NO. 21-10275 DISMISSED.
EXHIBIT 32.1 /
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 Annual Report of
Design Source, Inc. (the “Company”) on Form 10-K for the year ended March 31,
2010 as filed with the Securities and Exchange Commission on the date hereof
(the “Report”), I, Peter A. Reichard, Chief Executive and Financial Officer of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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.
 
 A signed original of this written
statement required by Section 906 has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.
 
 /s/ Peter A. ReichardName:
                      Peter
      A. ReichardTitle:
                      Chief
      Executive and Financial OfficerDate:
                      June
      15, 2010
EXHIBIT 32.2NOVELLUS SYSTEMS, INC.CERTIFICATIONIn connection with the periodic report of Novellus Systems, Inc. (the “Company”) on Form 10-Q forthe period ended April 1, 2006 as filed with the Securities and Exchange Commission (the “Report”),I, William H. Kurtz, Executive Vice President and Chief Financial Officer of the Company, herebycertify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of theUnited States Code, that to the best of my knowledge: (1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable,of the Securities Exchange Act of 1934, and  (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company at the dates and for theperiods indicated.This Certification has not been, and shall not be deemed, “filed” with the Securities and ExchangeCommission.     Dated: May 11, 2006 By: /s/ William H. Kurtz         William H. Kurtz    Executive Vice President and ChiefFinancial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6864

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

LUCIEN ANTONIO ROBERTS, a/k/a Lou,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Rebecca Beach Smith, District

Judge. (CR-99-21-4)

Submitted: July 14, 2004 Decided: July 28, 2004

Before NIEMEYER, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lucien Antonio Roberts, Appellant Pro Se. Laura Marie Everhart,

Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Lucien Antonio Roberts seeks to appeal the district

court’s denial of his Fed. R. Civ. P. 60(b) motion to reconsider

judgment. An appeal may not be taken from the final order in a

habeas corpus proceeding unless a circuit justice or judge issues

a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000).

The denial of a Rule 60(b) motion is the final order in a habeas

proceeding and thus requires a certificate of appealability for

appeal. Reid v. Angelone, 369 F.3d 363, 367-69 (4th Cir. 2004).

A certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that his

constitutional claims are debatable and that any dispositive

procedural rulings by the district court are also debatable or

wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683 (4th Cir. 2001). 

We have independently reviewed the record and conclude

that Roberts has not made the requisite showing. Accordingly, we

deny a certificate of appealability and dismiss the appeal. 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.
- 3 -

DISMISSED
<PAGE>   1
                                                                    EXHIBIT 10.1

                                  AMENDMENT TO
                       LICENSE AND DISTRIBUTION AGREEMENT

This Amendment is entered into on April 30, 1998 between Sumitomo
Pharmaceuticals Co., Ltd. ("Sumitomo") and NeXstar Pharmaceuticals, Inc.
("NeXstar") regarding to the License and Distribution Agreement dated 
September 26, 1996 (the "Agreement"). All terms used in this Amendment No. 1 
shall have the meanings as set forth in the Agreement.

The Agreement is amended as follows:

Following paragraphs are added after Paragraph 4 of Section 3:

3-5. Product for clinical trials shall be manufactured and quality controlled
under Investigational Drug Product - GMP (Notification No. 480 of the
Pharmaceuticals Affairs Bureau in Japan dated March 31, 1997) and shall be
supplied to Sumitomo as a form of nude vial with syringe filter.

3-6. The provisions of Paragraphs 4 and 6 of Section 2 of the Agreement shall
also apply to Product for clinical trials.

3-7. NeXstar shall provide Sumitomo with the certificate of analysis for each
Product batch for clinical trials, which includes release permit based on the
manufacturing and quality control record.

All of the other terms of the Agreement shall remain the same in their entirety.

NeXstar Pharmaceuticals, Inc.                 Sumitomo Pharmaceuticals Co., Ltd



By:  /s/  CRISPIN G.S. ELEY                   By:  /s/  ATSUSHI MURANO
   -----------------------------                 -------------------------------
          Crispin G.S. Eley                             Atsushi Murano, Ph.D.
          
Title:    Vice President Pharmaceutical       Title:    Director
          Operations
#### SHERRY D. THOMAS, both individually and on behalf of all other persons similarly situated, Plaintiff v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, Defendant, and SECRETARY, U.S. DEPARTMENT OF AGRICULTURE, DAN GLICKMAN, Intervenor-Defendant

No. 24A97

(Filed 6 June 1997)

Appeal by defendant North Carolina Department of Human Resources pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 124 N.C. App. 698, 478 S.E.2d 816 (1996), reversing and remanding a judgment that denied plaintiff’s motion for summary judgment, granted the federal defendant’s motion for judgment on the pleadings, granted the state defendant’s motion to dismiss, and dismissed the complaint for failure to state a claim upon which relief can be granted, such judgment entered by Cornelius, J., on 4 October 1995 in Superior Court, Guilford County. Heard in the Supreme Court 15 May 1997.

*Womble Carlyle Sandridge & Rice, RL.L.C., by Jim D. Cooley, and North Carolina Justice & Community Development Center, by William D. Rowe, for plaintiff-appellee.*

*Michael F. Easley, Attorney General, by Robert J. Blum, Special Deputy Attorney General, and Elizabeth L. Oxley, Assistant Attorney General, for defendant-appellant.*

PER CURIAM.

AFFIRMED.
Exhibit 32.2



Certification



Pursuant to 18 U.S.C. § 1350, the undersigned officer of Mellon Financial Corporation
(the Corporation), hereby certifies that the Corporations Annual Report on Form 10-K for the year ended December 31, 2003 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of
the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.



|                      |  |  |  |                                                               
|--------------------- |  |  |  | --------------------------------------------------------------
|                      |  | 
|Dated: March 10, 2004 |  |  |  | /s/ Michael A. Bryson                                         
|                      |  |  |  |                                                               
|                      |  |  |  | Name:    Michael A. Bryson Title:      Chief Financial Officer
**EXHIBIT 32.1**

 

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002

 

The certifications set forth below are herebysubmitted to the Securities and Exchange Commission pursuant to, and solely forthe purpose of complying with, Section 1350 of Chapter 63 of Title 18 of theUnited States Code in connection with the filing on the date hereof with theSecurities and Exchange Commission of the Quarterly Report on Form 10-Q of MAIRHoldings, Inc. and subsidiaries (the “Company”) for the quarter ended December31, 2005 (the “Report”).

 

Each of the undersigned, the Chief ExecutiveOfficer and Chief Financial Officer, respectively, of the Company, herebycertifies that, as of the end of the period covered by the Report:

 

1.               Such Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/ PAUL F. FOLEY                                      |   |   |
|--------------------------------------------------------|--------|--------|
|                                                   |   |
| Paul F. Foley                                          |   |
| President and Chief  Executive Officer                 |   |
| February  9, 2006                                      |   |
|                                                   |   |
|                                                   |   |
| /s/ ROBERT E. WEIL                                     |   |   |
|                                                   |   |
| Robert E. Weil                                         |   |
| Vice President, Chief  Financial Officer and Treasurer |   |
| February  9, 2006                                      |   |

 

1

----
Exhibit 10.3

                                 PROMISSORY NOTE

AMOUNT: $[   ]                               DATE: [   ]

      FOR VALUE RECEIVED, BRIGHT BRAINS, INC. ("Borrower") hereby promises to
pay to the order of BPK RESOURCES, INC. ("Lender") the principal sum of [ ] ($[
]) DOLLARS. Payment in full, plus accrued interest of ten (10%) percent shall be
made in lawful money of the United States, at the principal address of Lender,
or such other place as the holder of this Note may designate upon demand.

      Borrower shall have the privilege without premium or penalty, at any time
and from time to time, of prepaying this Note in whole or in part.

      No partial prepayment shall postpone or interrupt the payment of the
remaining principal balance, all of which shall continue to be due and payable
at the time and the manner set forth above.

      Borrower agrees that a default shall occur hereunder in the event that
payment is not made upon demand and such default continues for a period of ten
(10) days from the date of demand therefor. After the expiration of such ten
(10) day period interest shall accrue on the unpaid balance due hereunder at a
rate of twelve (12%) percent, together with attorneys' fees for collection and
payment of the same, which sums may be enforced and recovered by the entry of
judgment on this.

      Borrower (and all endorsers, sureties and guarantors) waives presentment
for payment, demand, notice of demand, notice of nonpayment or dishonor, protest
and notice of protest of this Note, and all other notices in connection with the
delivery, acceptance, performance, default, or enforcement of the payment of
this Note; liability hereunder shall be unconditional and shall not be affected
in any manner by any indulgence, extension of time, renewal, waiver or
modification granted or consented to by Lender.

      Borrower shall pay the cost of any revenue, tax or other stamps now or
hereafter required by law at any time to be affixed to this Note or any security
documents executed in conjunction herewith, and if any taxes be imposed with
respect to debts secured by any such security documents or with respect to notes
evidencing debts so secured Borrower agrees to pay or to reimburse Lender upon
demand the amount of such taxes.

      The words "Lender" and "Borrower" whenever occurring herein shall be
deemed and construed to include their respective successors and assigns of
Lender and Borrower.

      This instrument shall be construed according to and governed by the laws
of the Commonwealth of Pennsylvania.

<PAGE>

      IN WITNESS WHEREOF, Borrower has duly executed this Promissory Note under
seal the day and year first above mentioned.


                                              BRIGHT BRAINS, INC.
                                              BY:
                                                 -------------------------------
                                                 NAME:
                                                 TITLE:
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                        DEC-28-1996
<PERIOD-START>                           DEC-29-1996
<PERIOD-END>                             MAR-29-1997
<CASH>                                              96
<SECURITIES>                                       280
<RECEIVABLES>                                      185
<ALLOWANCES>                                         0
<INVENTORY>                                       1402
<CURRENT-ASSETS>                                     0      
<PP&E>                                            1297     
<DEPRECIATION>                                       0   
<TOTAL-ASSETS>                                    4768     
<CURRENT-LIABILITIES>                                0   
<BONDS>                                              0 
<PREFERRED-MANDATORY>                              175
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         290      
<TOTAL-LIABILITY-AND-EQUITY>                      4768        
<SALES>                                           1119         
<TOTAL-REVENUES>                                  1329         
<CGS>                                              997         
<TOTAL-COSTS>                                      997         
<OTHER-EXPENSES>                                   525      
<LOSS-PROVISION>                                     0     
<INTEREST-EXPENSE>                                  33      
<INCOME-PRETAX>                                  (226)     
<INCOME-TAX>                                      (85)    
<INCOME-CONTINUING>                              (141)    
<DISCONTINUED>                                       0 
<EXTRAORDINARY>                                      0     
<CHANGES>                                            0 
<NET-INCOME>                                     (141)
<EPS-PRIMARY>                                   (3.71)
<EPS-DILUTED>                                   (3.71)
        
                                  


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF OPERATIONS AND CASH FLOWS FOR THE TWELVE MONTHS ENDED
DECEMBER 31, 1997 AND THE CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1997 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH YEAR END REPORT ON FORM 10-K.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           7,099
<SECURITIES>                                         0
<RECEIVABLES>                                   28,678
<ALLOWANCES>                                     3,324
<INVENTORY>                                     20,929
<CURRENT-ASSETS>                                57,501
<PP&E>                                          45,251
<DEPRECIATION>                                  18,780
<TOTAL-ASSETS>                                 137,824
<CURRENT-LIABILITIES>                           19,923
<BONDS>                                        100,665
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            70
<OTHER-SE>                                      16,302
<TOTAL-LIABILITY-AND-EQUITY>                   137,824
<SALES>                                        125,100
<TOTAL-REVENUES>                               125,100
<CGS>                                           87,234
<TOTAL-COSTS>                                   87,234
<OTHER-EXPENSES>                                39,577
<LOSS-PROVISION>                                 1,578
<INTEREST-EXPENSE>                              12,493
<INCOME-PRETAX>                               (15,782)
<INCOME-TAX>                                   (2,637)
<INCOME-CONTINUING>                           (13,145)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    208
<CHANGES>                                            0
<NET-INCOME>                                  (13,353)
<EPS-PRIMARY>                                   (1.94)
<EPS-DILUTED>                                   (1.94)


</TABLE>
Exhibit
          13.1
 
  **SECTION
          906 CERTIFICATION**
  **CERTIFICATION
          OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**
 **PURSUANT
          TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
          SARBANES-OXLEY ACT OF 2002**
   Pursuant
          to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)
          of
          section 1350, chapter 63 of title 18, United States Code), each of the
          undersigned officers of Vuance Ltd. (the “Company”), does hereby certify, to
          such officer’s knowledge, that the annual report on Form 20-F of the Company for
          the fiscal year ended December 31, 2007, as amended by this Amendment No.
          1 on
          Form 20-F/A, fully complies with the requirements of Section 13(a) or 15(d)
          of
          the Exchange Act of 1934, and the information contained therein fairly
          presents,
          in all material respects, the financial condition and results of operations
          of
          the Company.
 
  /s/
          Eyal
          Tuchman
 Dated:
          August 21, 2008   ___________________________________________
 **Eyal
          Tuchman**
 **Chief
          Executive Officer**
 
 
 
 /s/
          Lior
          Maza
 Dated:
          August 21, 2008   ___________________________________________
 **Lior
          Maza**
 **Chief
          Financial Officer**
 
 
 A
          signed
          original of this written statement required by Section 906 has been provided
          to
          the Company and will be retained by the Company and furnished to the Securities
          and Exchange Commission or its staff upon request.