alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 10-3617

___________________________ United States of America lllllllllllllllllllllAppellee
v. Custodio Garcia lllllllllllllllllllllAppellant

____________ Appeal from United States District Court for the Western District of Missouri

____________ Submitted: September 18, 2012 Filed: October 29, 2012 [Unpublished]

____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.

____________ PER CURIAM. Custodio Garcia appeals his sentence for a drug-trafficking offense, arguing that the district court 1 should have applied the so-calle d "safety valve" provision, which

1 The Honorable Fernando J. Gaitan, Jr ., Chief Judge of the United States District Court for the Western District of Missouri.allows a court to impose a prison sentence below the statutory minimum. See 18 U.S.C. § 3553(f). We affirm. Mr. Garcia pleaded guilty to conspiring to distribute methamphetamine, cocaine, and marijuana, see 21 U.S.C. §§ 841(a)(1), 846, and to aiding and abetting the possession of a firearm during that conspiracy, see 18 U.S.C. § 924(c)(1)(A). The district court denied Mr. Garcia’s request to apply the safety valve, finding that he "possess[ed] a firearm ... in connecti on with the [conspiracy] offense." See 18 U.S.C. § 3553(f)(2). Mr. Garcia argues that his possession of the gun was not in connection with the conspiracy offense but rather was "c oincidental" or "entirely unrelated" to his drug trafficking crime. Mr. Garcia’s guilty plea is fatal to his c ontention. He pleaded guilty to violating § 924(c)(1)(A), which provides a statutory minimum sentence for persons who use or carry a firearm "during and in relation to any ... drug trafficking crime" or who possess a firearm "in furtherance of any such crime." We have held that "in relation to," as used in this section, is "equivale nt" to the "in connection with" formulation, as used in U.S.S.G. § 2K2.1(b)(5), see United States v. Regans , 125 F.3d 685, 686 (8th Cir. 1997), and we see no meaningful differe nce between the two formulations in the circumstances before us. Though a defe ndant may also violate § 924(c)(1)(A) by possessing a gun "in furtherance" of a drug- trafficking crime, possession "in relation to" is subsumed within possession "in furtherance of," which requires a slightly higher burden of proof. See United States v. Gamboa , 439 F.3d 796, 810 (8th Cir. 2006), cert. denied , 549 U.S. 1042 (2006). We therefore conclude that Mr. Garcia, by pleading guilty to the firearms offense, ad mitted that his possession of the gun was "in relation to," and thus "in c onnection with" the drug offense, as that phrase is used in § 3553(f)(2), and his admission disqualif ied him from safety-valve relief. Affirmed.

______________________________

-2-
EXHIBIT 10.1


 


COGENTIX MEDICAL, INC.


 


Description of Non-Employee Director Compensation







Cash Compensation.


 


Effective on April 1, 2015 (the “Effective Date”), non-employee directors of the Company will become entitled to receive annual retainers in the following amounts, pro-rated for any partial year of service:







	
Non-Employee Directors:

	 	
$

	
24,000

	 
	
Non-executive Chair of Board or Lead Independent Director:

	 	
$

	
12,000

	 
	
Chair of Audit Committee:

	 	
$

	
8,000

	 
	
Chair of Compensation Committee:

	 	
$

	
5,000

	 
	
Chair of Governance and Nominating Committee:

	 	
$

	
3,500

	 
	
Audit Committee Member (all members):

	 	
$

	
5,000

	 
	
Compensation Committee Member (all members):

	 	
$

	
4,000

	 
	
Governance and Nominating Committee (all members):

	 	
$

	
2,000

	 



 


All annual retainers will be paid in cash quarterly in arrears promptly following the end of the applicable calendar quarter.


 


Equity Compensation.


 


At each annual meeting of stockholders following the Effective Date, each non-employee director will receive a restricted stock grant under the Cogentix Medical, Inc. 2015 Omnibus Incentive Plan with the number of shares of restricted common stock determined by dividing $35,000 by the closing stock price on the day of the annual meeting, rounded up to the nearest 25 shares. The restricted stock will vest at the earlier of 12 months from the date of grant or at the next annual stockholders meeting.


 


Reimbursement of Expenses.







We reimburse expenses incurred by our non-executive members of our Board of Directors in connection with Board functions and duties, including regular and special meetings of the Board and its committees pursuant to our Director Expense Reimbursement Policy.
#### STATE OF NORTH CAROLINA v. MONTREZ DEMARIO CARTER

No. 290A06

(Filed 15 December 2006)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 177 N.C. App. 539, 629 S.E.2d 332 (2006), reversing defendant’s conviction which resulted in a judgment entered 25 August 2004 by Judge Kenneth C. Titus in Superior Court, Durham County, and ordering a new trial. Heard in the Supreme Court 21 November 2006.

*Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, and Derrick C. Mertz, Assistant Attorney General, for the State-appellant.*

*George E. Kelly, III, for defendant-appellee.*

PER CURIAM.

AFFIRMED.
Exhibit 10.6

                                                              November 4, 2004


Analytix Capital
104 Field Point
Greenwich, CT 06830


Gentlemen:

         This agreement sets forth the terms on which Global Gold Corporation
("Global") and Analytix Capital ("Analytix") are terminating our consulting,
advisory and other services agreement which was effective as of May 1, 2003, as
amended (copy attached) (the "Consulting Agreement"). Provided Global closes a
private placement with Firebird Global Master Fund, Ltd., Firebird Republics
Fund, Ltd, and or Firebird Avrora Fund, Ltd. to sell 3,000,000 Global shares at
$0.50 per share and include 3,000,000 warrants to purchase Global shares at
$0.75 on or before November 8, 2004, the Consulting Agreement shall be
terminated with no further obligations among the parties except as follows.

         On or before December 15, 2004, (1) Analytix or its designee shall be
issued 90,000 shares of Global common stock (these shares will be restricted);
(2) All of the warrants issued to Analytix by Global shall be cancelled in
exchange for a payment of $15,000; and (3) Confidentiality, governing law and
arbitration provisions in the Consulting Agreement shall continue until December
31, 2006.

          In addition, the parties confirm that Global will continue its current
office lease from Analytix for at least six months; during this time, the
parties shall also negotiate a more definite, mutually agreeable lease for a
term of one year or longer. Global represents and warrants that it has not
delivered to any of the Firebird entities any of the financial projections or
models prepared for Global by Analytix and will not use them with any third
party financing sources in the future; Global agrees to hold harmless and
indemnify Analytix from any claims from a Firebird entity or any other third
party financing source related to financial projections prepared by Analytix
prior to November 4, 2004. This agreement supersedes all other agreements
between the parties or related to the subject matter hereof and may only be
amended in writing signed by both Analytix and Global.



<PAGE>



         Thank you for your consideration. If the foregoing meets with your
approval, please execute this agreement in the space provided below, whereupon
this will become a binding agreement.

                                           Sincerely,


                                           By: ____________________
                                               Drury Gallagher, Chairman/CEO



Acknowledged and Agreed
Analytix Capital


By: _______________________
    Ara Momjian, Managing Director
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22
- 0019 STATE OF MONTANA,

Plaintiff and Appellee,
v. SACRAMENTO JUAN DOMINGUEZ , JR.,

Defendant and Appellant
.

**ORDER** Upon consideration of the State’s Unopposed Motion to Supplement the Record o n Appeal, submitted by the Appellee, and good cause appearing therefor, IT IS HEREBY ORDERED that the Motion is granted : the record on appeal shall be supplemented by State’s Exhibits C
- 1, C
- 2, C
- 3, and D , and Mr. Domiguez’s Exhibit 1, all of which were a dmitted at Mr. Dominguez’s trial in the district court. IT IS FURTHER ORDERED that the Clerk of Court shall serve all parties of record and the Clerk of District Court, Valley County , with this Order. IT IS FURTHER ORDERED that the Appellant, Mr. Dominguez , shall have until March 4, 2024 , to file an amended opening brief in this case. The A ppellee , State of Montana , shall have until April 3, 2024 , to file its response brief.
Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 1 2024

03/01/2024

Case Number: DA 22-0019
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10851]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13402-000]


Hydro Energy Technologies, LLC; Notice of Preliminary Permit 
Application Accepted for Filing and Soliciting Comments, Motions To 
Intervene, and Competing Applications

May 4, 2009.
    On March 20, 2009, Hydro Energy Technologies, LLC filed an 
application, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Lake Milton Hydroelectric 
Project, to be located on Mahoning River, in Mahoning County, Ohio.
    The proposed Lake Milton Hydroelectric Project would be located at 
the existing Lake Milton Dam owned by the Ohio Department of Natural 
Resources. The dam operations are supervised by the U.S. Army Corps of 
Engineers. The Lake Milton Dam is 760-feet-long and 54-feet-high, which 
includes a 650-long spillway and four 60-inch-diameter gate valves.
    The proposed project would consist of: (1) A new powerhouse at the 
base of the existing outlet works; (2) one or more turbine/generators 
with total installed capacity of 1.2 megawatts; (3) two 60-inch-
diameter, 7-foot-long penstocks; (4) a new 320-foot-long transmission 
line; and (5) appurtenant facilities. The Lake Milton Dam Project would 
have an estimated average annual generation of 6,929 megawatts-hours, 
which would be sold to a local utility.
    Applicant Contact: Mr. Anthony J. Marra Jr., President, Hydro 
Energy Technologies, LLC, 31300 Solon Rd. Suite 12, Solon, OH 44139, 
(440) 498-1000.
    FERC Contact: John Ramer, (202) 502-8969.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13402) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-10851 Filed 5-8-09; 8:45 am]
BILLING CODE 6717-01-P
##### 



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 report on Form 10-K of Odyssey Re Holdings Corp. (the Company)
containing the financial statements of the Company for the fiscal year ended December 31, 2004
(the Report) as filed with the Securities and Exchange Commission on the date hereof, I, Andrew
A. Barnard, President and Chief Executive 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; and2.
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. /s/ ANDREW A. BARNARD
Andrew A. Barnard
President and Chief Executive Officer March 7, 2005 A signed original of this written statement required by Section 906 has been provided to Odyssey Re
Holdings Corp. and will be retained by Odyssey Re Holdings Corp. and furnished to the Securities
and Exchange Commission or its staff upon request.
From: The District Court of the 4th Judicial District. County of Mineral.

#### STATE OF MONTANA, Plaintiff, vs. MICHAEL BERGERON, Defendant,

CAUSE NO. DC-07-24 DECISION

On November 10, 2008, the defendant was sentenced, for violation of the conditions of a suspended sentence, to five (5) years in the *73Montana State Prison for the offense of Criminal Possession of Dangerous Drugs, a felony.

On November 12, 2009, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Kara Docherty. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Done in open Court this 12th day of November, 2009.

DATED this 25th day of November, 2009.

Chairperson, Hon. Stewart Stadler, Member, Hon. Blair Jones and Member, Hon. Richard Simonton.
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.                  

###### Selective Service System

# AGENCY:

Selective Service System.

# ACTION:

Notice.

The following forms have been submitted to the Office of Management and Budget (OMB) for extension of clearance in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35):

## SSS Form 1

*Title:*                     The Selective Service System Registration Form.                

*Purpose:*                     Is used to register men and establish a data base for use in identifying manpower to the military services during a national emergency.                

*Respondents:*                     All 18-year-old males who are United States citizens and those male immigrants residing in the United States at the time of their 18th birthday are required to register with the Selective Service System.                

*Frequency:*                     Registration with the Selective Service System is a one-time occurrence.                

*Burden:*                     A burden of two minutes or less on the individual respondent.                

Copies of the above identified form can be obtained upon written request to the Selective Service System, Reports Clearance Officer, 1515 Wilson Boulevard, Arlington, Virginia 22209-2425.

Written comments and recommendations for the proposed extension of clearance of the form should be sent within 30 days of the publication of this notice to the Selective Service System, Reports Clearance Officer, 1515 Wilson Boulevard, Arlington, Virginia 22209-2425.

A copy of the comments should be sent to the Office of Information and Regulatory Affairs, Attention: Desk Officer, Selective Service System, Office of Management and Budget, New Executive Office Building, Room 3235, Washington, DC 20503.

Dated: January 14, 2015.

Lawrence Romo,

Director.

[FR Doc. 2015-00845 Filed 1-20-15; 8:45 am]

BILLING CODE 8015-01-P
Order entered July 1, 2015

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 01432
- CR AYOUAL AKOUT, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 195th Judicial District Court

Dallas County, Texas Trial Court Cause No. F
- 12
- 60792
- N



### O RDER Because the voluntariness of appellant’s custodial confession was challenged at trial, the
trial judge was required, pursuant to section 6 of article 38.22 of the Texas Code of Criminal Procedure, to make written fact findings and conclusions of law as to whether the challenged statement was made voluntarily. See T EX
. C ODE C RIM
. P ROC
. A NN
. , art. § 6 (West 2014). The record before us does not contain the required findings and conclusions , and nothing indicates the trial judge issue d any findings and conclusions. Accordingly, we ORDER the Honorable Fred Tinsley, Presiding Judge of the 195th Judicial District Court, to issue, no later than July 10, 2015, the required written findings of fact and conclusions of law

. See Urias v. Stat e , 155 S.W.3d 141, 142 (Tex. Crim. App. 2004). If necessary, the trial judge may review the reporter’srecord of the testimony upon which the original ruling was made to refresh his recollection of the

reasons behind such ruling. See Wicker v. State , 740 S.W.2d 779, 784 (Tex. Crim. App. 1987).
We ORDER Dallas County District Clerk Felicia Pitre to file a supplemental clerk’s record containing the trial court’s findings and conclusions no later than July 13, 2015

. We ABATE the appeal to allow the trial cou rt an opportunity to comply with this order. It shall be reinstated July 14, 2015 or when the supplemental clerk’s record is filed, whichever
occurs earlier.
We DIRECT the Clerk of this Court to send a copy of this order to Judge Tinsley, Ms. Pitre, and c ounsel for the parties.

/s/ DOUGLAS S. LANG PRESIDING JUSTICE
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 First Surgical Partners Inc. (the “Company”) on Form 10-K/A for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony F. Rotondo, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.





June 21, 2011
By:
/s/ Anthony F. RotondoAnthony F. RotondoChief Executive Officer and President (Principal Financial and Accounting Officer)









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 First Surgical Partners Inc. (the “Company”) on Form 10-K/A for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Don Knight, Principal Financial and Accounting Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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.





June 21, 2011
By:
/s/ Don KnightDon KnightVice President, Finance (Principal Accounting and Financial Officer)
I 

118TH CONGRESS 

1ST SESSION H. R. 2274 

To provide for a limitation on availability of funds for US Department 

of Agriculture, Rural Development Programs, Rental Assistance Program 

for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To provide for a limitation on availability of funds for US 

Department of Agriculture, Rural Development Programs, Rental Assistance Program for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 US DEPARTMENT OF AGRICULTURE, RURAL 

5 DEVELOPMENT PROGRAMS, RENTAL ASSIST6 ANCE PROGRAM FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for US Department of Agriculture, Rural DevelopVerDate Sep 11 2014 23:01 Apr 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2274.IH H2274

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2274 IH

1 ment Programs, Rental Assistance Program for fiscal year 

2 2024 may not exceed $1,331,400,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS