alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

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

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

FRANCISCO FLORES-BABICHI,

 Defendant - Appellant.

No. 10-10345

D.C. No. 4:08-cr-00274-DCB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

David C. Bury, District Judge, Presiding

Submitted October 25, 2011** 

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.

Francisco Flores-Babichi appeals from the 77-month sentence imposed

following remand for resentencing. We have jurisdiction under 28 U.S.C. § 1291,

and we affirm.

FILED

OCT 26 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-10345

Flores-Babichi contends that his sentence is substantively unreasonable

under United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), given the

staleness of his prior conviction, and his alleged cultural assimilation. The record

reflects that the sentence imposed is substantively reasonable in light of the totality

of the circumstances and the sentencing factors set forth in 18 U.S.C. § 3553(a). 

See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.

Valencia-Barragan, 608 F.3d 1103, 1108-09 (9th Cir. 2010) (district court did not

abuse its discretion in applying 16-level enhancement where § 3553(a) factors

supported within-Guidelines sentence).

AFFIRMED.
[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Page 73602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29019]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; NIH Support for Conferences and 
Scientific Meetings (R13/U13).
    Date: January 6, 2015.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: 5601 Fishers Lane, Rockville, MD 20852, (Telephone 
Conference Call).
    Contact Person: Vasundhara Varthakavi, DVM, Ph.D., Scientific 
Review Officer, Scientific Review Program, DEA/NIAID/NIH/DHHS, Room 
3E70B, 5601 Fishers Lane, Rockville, MD 20852, 240-669-5020, 
<a href="/cdn-cgi/l/email-protection#91e7f0e3e5f9f0faf0e7f8e7d1fff8f0f8f5bffff8f9bff6fee7"><span class="__cf_email__" data-cfemail="6a1c0b181e020b010b1c031c2a04030b030e44040302440d051c">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: December 5, 2014.
David Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2014-29019 Filed 12-10-14; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER AS ADOPTED PURSUANT TO SECTION 302
(a) OF THE SARBANES-OXLEY ACT OF 2002

I, Sean M. Cary, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Willamette Valley
Vineyards, Incorporated;

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 small business issuer's other certifying officer(s) 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
small business issuer 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 small business issuer,
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 small business issuer'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 small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter that has materially affected, or
is reasonably likely to materially affect, the small business issuer's
internal control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer'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 small business issuer'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 small business issuer's internal
control over financial reporting.

Date: August 14, 2003
/s/ Sean M. Cary
    Sean M. Cary
    Chief Financial Officer
#### Wm. Green et al. *v.*Lexington & Big Sandy Railroad Co.

Execution — Laches—Liability of Sheriff.

If a sheriff entrusts the custody of an execution issued to him to others, their laches cannot afford him any excuse for his failure to levy and return the execution.

APPEAL PROM .ELLIOTT CIRCUIT COURT.

February 20, 1874.

*J. W. Hannah, for appellants.*

/. /. *Park, for*appellee.'

Opinion by

Judge Pryor :

If the petition could be regarded as defective it is cured by the answer. This pleading admits every material fact necessary to enable the plaintiff to recover, and by it the defendant assumes the burden of showing that he is in some way relieved from liability. That he placed the execution in' the hands of his attorney, who seems to have forgotten that he ever had it, is no excuse for the failure to return it. The law provides that the sheriff is competent to discharge all the duties of his office by himself or deputies, and when he entrusts the custody of his executions to others, their laches can afford him no excuse. A prima facie case is made out by the pleadings, and as the defendant has failed to show any insolvency on the part of the execution debtor, there is no means of escaping’ the judgment for the debt and damage.

Judgment affirmed.
<PAGE>   1
                                                                      EXHIBIT 23

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements No.
2-74613 on Form S-16, No. 33-66474 on Form S-8, and No. 333-02271 on Form S-3 of
Mobile Gas Service Corporation (the "Company") of our report dated November 7,
1997, appearing in this Annual Report on Form 10-K of the Company for the year
ended September 30, 1997.



/s/ Deloitte & Touche LLP
DELOITTE & TOUCHE LLP
Atlanta, Georgia
December 5, 1997
#### *A.*W. England *v.*Geo. A. Bricken, Etc.

Bills and Notes — Pleading—Presentment and Notice.

The mere allegation of “no funds” in the hands of the drawee is - is not sufficient to dispense with presentment and notice, since the averment might be true, and yet the drawee may have been under obligation to pay the bill.

*200APPEAL PROM MARION CIRCUIT COURT.

October 15, 1873.

*Russell, Everet, for appellant.*

-, *for appellee*

Opinion by

Judge Hardin :

Admitting the general principles that where there were no funds of the drawer of a bill in the hands of the drawee, and there was no indebtedness from the latter, or other circumstances from which payment by the drawee might reasonably be expected, at the maturity of this bill — a failure of notice of nonpayment, as a failure to present for payment would not release the drawer; yet we are of the opinion that the mere allegation of “no- funds” in the hands of Bricken or in the bank belonging to‘ Lyon & Claver, was not suffi< cient to dispense with presentment and notice, for the averment might be strictly true; and yet Bricken has been under some obligation to Lyon & Claver to pay the bill which made it essential to their interest that they should have notice of nonpayment, as in that event, they might have protected themselves by timely action against Bricken.

It seems to us, therefore, that the demurrer to the petition was properly sustained as to Lyon and Claver.

Wherefore the judgment is affirmed.
<PAGE>   1
 
                                                                    EXHIBIT 23.3
 
   
     As independent public accountants, we hereby consent to the use of our
report dated March 20, 1998, except for the statements of income, stockholders'
equity and cash flows for the period ended December 31, 1995 as to which the
date is November 20, 1998, on the consolidated financial statements of Remington
Oil and Gas Corporation for the years ended December 31, 1995, 1996 and 1997,
included or made a part of this Registration Statement of Remington Oil and Gas
Corporation (formerly Box Energy Corporation), on Form S-4, and to all
references to our firm included in this document.
    
 
                                            ARTHUR ANDERSEN LLP
 
Dallas, Texas
   
November 23, 1998
BOSTON FINANCIAL QUALIFIED HOUSING TAX CREDITS L.P. III
                             (A Limited Partnership)

                                 EXHIBIT [32.1]

                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 Boston Financial Qualified Housing
Tax Credits L.P. III (the "Partnership") on Form 10-QSB for the period ended
June 30, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), the undersigned, the Executive Vice President, hereby
certifies 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
     Partnership.


                                                        /s/Jenny Netzer
                                                        Jenny Netzer
                                                        Executive Vice President
                                                        MMA Financial, LLC

                                                        Date:  August 13, 2004










A signed original of this written statement required by section 906 has been
provided to the Partnership and will be retained by the Partnership and
furnished to the Securities and Exchange Commission or its staff upon request.

<PAGE>
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

SYLVIA REESE, o/b/o WHITNEY D. )

REESE, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 04-0812-P-M

)

JO ANNE B. BARNHART, Commissioner )

of Social Security, )

)

Defendant. )

ORDER ADOPTING THE REPORT AND

RECOMMENDATION OF THE MAGISTRATE JUDGE

After due and proper consideration of all portions of this file deemed relevant to the

issues raised, and there having been no objections filed, the Report and Recommendation of the

Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated January 9, 2006 (doc.21),

is hereby ADOPTED as the opinion of this court.

Accordingly, it is ORDERED that the Report and Recommendation be and is hereby

ADOPTED as the opinion of this court and that plaintiff’s Motion For Award of Attorney’s Fees

Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (docs.17-18), be and is hereby

GRANTED, and that plaintiff’s counsel, Colin E. Kemmerly, be awarded an attorney’s fee in the

amount of $662.50 (5.3 hours x $125.00 per hour = $662.50).

DONE this 2nd day of February, 2006.

 S/Virgil Pittman 

SENIOR UNITED STATES DISTRICT JUDGE

Case 1:04-cv-00812-P-M Document 22 Filed 02/02/06 Page 1 of 1
EX-10.6:



 






Exhibit 10.6




July 12, 2005




[Name]

[Location]




RE:   Deferred Compensation Plan and IRC Section 409A




          As you may be aware, recent changes were made to the tax code that significantly impacted the
design and operation of non-qualified deferred compensation plans, with a very broad definition of
what qualifies as a “non-qualified deferred compensation plan.” These changes can have a draconian
tax impact on the individual if the plans are not operated in compliance with the new rules,
codified at Internal Revenue Code Section 409A.




          The Company’s Executive Retirement Plan, Deferred Compensation Plan and Tophat Plan are all
non-qualified deferred compensation plans which must be brought into compliance with Section 409A.
Accordingly, before the end of 2005, we must take certain actions to achieve compliance with
Section 409A.




          One such action, approved by the Board of Directors on June 3, 2005, is the vesting and payout
of any unvested Accumulation Accounts in the Deferred Compensation Plan. The Accumulation Account
was the “extra” interest applied to deferrals under Cycles I, II, II-A and III of the Deferred
Compensation Plan. This account vests at age 55.




          You have an unvested Accumulation Account balance that, as of July 31, 2005 will have a value
of $[Amount]. On or about July 31, 2005, this balance will be vested and you will be receiving a
payout of this balance, less taxes and withholdings.




          As we have been experiencing over the last few years, many legislative and regulatory changes
have significantly impacted how we operate our business and the benefits provided to all levels of
employees. This is yet another example of these changes.




          If you have any questions about the new tax law or this payment, please contact Paula Ciprich
or Sarah Mugel.




	 	 	 
	 

	 	Very truly yours,
	 
	 	 
	 

	 	/s/ Philip C. Ackerman
EXHIBIT
32.1
   ARTICLE
I   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 Kiwibox.Com, Inc. (the "Company") on
Form 10-Q for the quarter ended June 30, 2010 (the "Form 10-Q"), I, Andre
Scholz, Chief Executive Officer of the Company, certify, as of the date hereof,
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 myknowledge, that the
Company's Form 10-Q 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 Form 10-Q, fairly presents, in all material respects, the financial
condition and results of operations of the Company.


Date:
      August 16, 2010
            By:
            /s/ Andre ScholzAndre
      ScholzPresident and Chief
      Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-QSB
FOR THE QUARTER ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         194,299
<SECURITIES>                                         0
<RECEIVABLES>                                5,604,226
<ALLOWANCES>                                   235,978
<INVENTORY>                                  4,028,593
<CURRENT-ASSETS>                            10,596,809
<PP&E>                                      13,136,699
<DEPRECIATION>                                 999,787
<TOTAL-ASSETS>                              27,573,450
<CURRENT-LIABILITIES>                       29,532,816
<BONDS>                                      3,110,825
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  1,193,000
<COMMON>                                         5,756
<OTHER-SE>                                 (6,268,947)
<TOTAL-LIABILITY-AND-EQUITY>                27,573,450
<SALES>                                     12,816,907
<TOTAL-REVENUES>                            12,816,907
<CGS>                                       11,079,473
<TOTAL-COSTS>                               11,079,473
<OTHER-EXPENSES>                             3,463,255
<LOSS-PROVISION>                                18,510
<INTEREST-EXPENSE>                           1,287,472
<INCOME-PRETAX>                            (2,821,726)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,821,726)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,821,726)
<EPS-PRIMARY>                                   (0.05)
<EPS-DILUTED>                                   (0.05)
        

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

<ARTICLE>   5
                                           <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998  
<PERIOD-END>                               DEC-31-1998
<CASH>                                     17931372        
<SECURITIES>                               1699672  
<RECEIVABLES>                              77155  
<ALLOWANCES>                               8000     
<INVENTORY>                                0
<CURRENT-ASSETS>                           19736499    
<PP&E>                                     2955331     
<DEPRECIATION>                             1985682    
<TOTAL-ASSETS>                             26289202   
<CURRENT-LIABILITIES>                      939905  
<BONDS>                                    0
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                                   3750905
<OTHER-SE>                                 17662855 
<TOTAL-LIABILITY-AND-EQUITY>               26289202    
<SALES>                                    0
<TOTAL-REVENUES>                           4987838
<CGS>                                      0
<TOTAL-COSTS>                              0  
<OTHER-EXPENSES>                           2700905   
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                         0 
<INCOME-PRETAX>                            2146470    
<INCOME-TAX>                               610000      
<INCOME-CONTINUING>                        1536470 
<DISCONTINUED>                             0       
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                               1536470 
<EPS-PRIMARY>                              0  
<EPS-DILUTED>                              0  

</TABLE>
I 

108TH CONGRESS 

2D SESSION H. R. 4380 

To designate the facility of the United States Postal Service located at 

4737 Mile Stretch Drive in Holiday, Florida, as the ‘‘Sergeant First 

Class Paul Ray Smith Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2004 

Mr. BILIRAKIS introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 4737 Mile Stretch Drive in Holiday, Florida, 

as the ‘‘Sergeant First Class Paul Ray Smith Post Office 

Building’’. 

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

3 SECTION 1. SERGEANT FIRST CLASS PAUL RAY SMITH 

4 POST OFFICE BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 4737 Mile Stretch Drive in Holi7 day, Florida, shall be known and designated as the ‘‘Ser8 geant First Class Paul Ray Smith Post Office Building’’. 
2 

•HR 4380 IH 

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the Sergeant First Class 

5 Paul Ray Smith Post Office Building. 

Æ