alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11015]



[[Page 21839]]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold an Open Meeting on Wednesday, May 13, 
2009 at 10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    The Commission will hear oral argument in an appeal by Thomas C. 
Bridge, James D. Edge, and Jeffrey K. Robles from the decision of an 
administrative law judge. The law judge found that Bridge, a registered 
representative formerly associated with A.G. Edwards, and Charles 
Sacco, another former A.G. Edwards registered representative who 
settled a related Commission proceeding against him, willfully violated 
Section 17(a) of the Securities Act of 1933, Section 10(b) of the 
Securities Exchange Act of 1934, and Exchange Act Rule 10b-5 by taking 
action to ``continue market timing after they had been restricted from 
doing so'' by registered investment companies. The law judge further 
found that Edge, Bridge's supervisor, failed reasonably to supervise 
Bridge with a view to preventing his antifraud violations, and that 
Robles, Sacco's supervisor, failed reasonably to supervise Sacco.
    For these violations, the law judge imposed the following 
sanctions: Bridge was ordered to cease and desist from violating or 
causing violations of the antifraud provisions, to disgorge 
approximately $40,000 plus prejudgment interest, to pay a $250,000 
civil penalty, and to serve a one-year suspension from associating with 
a broker or dealer. Edge and Robles were both ordered to pay a $250,000 
civil penalty, were barred from associating with a broker or dealer in 
a supervisory capacity, and were suspended from associating with a 
broker or dealer in any capacity for thirty days.
    Among the issues likely to be argued are whether Bridge's and 
Sacco's conduct in connection with their market timing activity was 
fraudulent, whether Edge and Robles provided reasonable supervision 
under the circumstances, and, if so, whether and to what extent 
sanctions should be imposed on them.
    Commissioner Casey, as duty officer, determined that no earlier 
notice thereof was possible.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact: The Office of the 
Secretary at (202) 551-5400.

    Dated: May 7, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-11015 Filed 5-7-09; 11:15 am]
BILLING CODE 8010-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THE COMPANY'S FORM 10-Q
FOR THE PERIOD ENDED JUNE 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY 
REFERENCE TO SUCH FINANCIAL STATEMENTS AND THE NOTES THERETO.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         207,731
<SECURITIES>                                   949,158
<RECEIVABLES>                                  209,622<F1>
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                     99,667
<CURRENT-ASSETS>                             1,041,072
<PP&E>                                         981,366
<DEPRECIATION>                                 347,424
<TOTAL-ASSETS>                               2,331,282
<CURRENT-LIABILITIES>                          248,952
<BONDS>                                        150,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,463
<OTHER-SE>                                   1,904,347
<TOTAL-LIABILITY-AND-EQUITY>                 2,331,282
<SALES>                                        299,231
<TOTAL-REVENUES>                               490,778
<CGS>                                           53,252
<TOTAL-COSTS>                                   53,252
<OTHER-EXPENSES>                               233,633
<LOSS-PROVISION>                                     0<F1>
<INTEREST-EXPENSE>                               1,904
<INCOME-PRETAX>                                 76,935
<INCOME-TAX>                                    21,542
<INCOME-CONTINUING>                             55,393
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    55,393
<EPS-PRIMARY>                                      .44
<EPS-DILUTED>                                        0
<FN>
<F1>ACCOUNTS RECEIVABLE ARE PRESENTED NET OF ALLOWANCE FOR DOUBTFUL ACCOUNTS IN
THE CONDENSED CONSOLIDATED BALANCE SHEET.  THE PROVISION FOR LOSSES ON DOUBTFUL
ACCOUNTS IS NOT REPORTED AS A SEPARATE LINE IN THE CONDENSED CONSOLIDATED
STATEMENT OF INCOME OR STATEMENT OF CASH FLOWS. 
</FN>
        

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

<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-END>                                  SEP-30-2000
<CASH>                                            145,247
<SECURITIES>                                            0
<RECEIVABLES>                                   3,492,015
<ALLOWANCES>                                      130,600
<INVENTORY>                                     3,855,980
<CURRENT-ASSETS>                                7,476,887
<PP&E>                                          8,103,295
<DEPRECIATION>                                  7,302,442
<TOTAL-ASSETS>                                 10,822,496
<CURRENT-LIABILITIES>                           1,949,749
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                           92,710
<OTHER-SE>                                      4,503,685
<TOTAL-LIABILITY-AND-EQUITY>                   10,822,496
<SALES>                                         7,077,984
<TOTAL-REVENUES>                                7,077,984
<CGS>                                           4,898,636
<TOTAL-COSTS>                                   1,899,259
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                126,026
<INCOME-PRETAX>                                   154,063
<INCOME-TAX>                                       13,430
<INCOME-CONTINUING>                                     0
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      140,633
<EPS-BASIC>                                           .02
<EPS-DILUTED>                                         .01


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


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheets and statements of operations found on pages 2 and 3 of the Company's Form
10-QSB/A for the year to date, and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<CIK>                         0000318852
<NAME>                        Colorado Wyoming Reserve Company
<MULTIPLIER>                  1
<CURRENCY>                    U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>               JUN-30-1998
<PERIOD-START>                  OCT-01-1997
<PERIOD-END>                    DEC-31-1997
<EXCHANGE-RATE>                           1
<CASH>                              530,026
<SECURITIES>                              0
<RECEIVABLES>                        18,461
<ALLOWANCES>                              0
<INVENTORY>                          61,263
<CURRENT-ASSETS>                    609,700
<PP&E>                               36,381
<DEPRECIATION>                            0
<TOTAL-ASSETS>                      646,081
<CURRENT-LIABILITIES>                80,901
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                             15,951
<OTHER-SE>                          549,229
<TOTAL-LIABILITY-AND-EQUITY>        646,081
<SALES>                              45,489
<TOTAL-REVENUES>                     45,489
<CGS>                                     0
<TOTAL-COSTS>                             0
<OTHER-EXPENSES>                    456,403
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        0
<INCOME-PRETAX>                    (410,905)
<INCOME-TAX>                              0
<INCOME-CONTINUING>                (410,905)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                       (410,905)
<EPS-PRIMARY>                          (.26)
<EPS-DILUTED>                          (.26)
        


</TABLE>
EXHIBIT 35.2

                    SERVICER COMPLIANCE STATEMENT (ITEM 1123)

                               GMAC MORTGAGE, LLC

                RALI SERIES 2007-QO2 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of GMAC Mortgage,  LLC, as servicer
(the "Servicer")  pursuant to the applicable  servicing  agreement,  does hereby
certify that:

1. A review of the  Servicer's  activities  during  the  period  covered  by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable  servicing agreement in all material
respects  throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 24th
day of March 2008.


By:   /s/ Anthony N. Renzi
      Name:   Anthony N. Renzi
      Title:  Executive Vice President
From: The District Court of the 13th Judicial District. County of Yellowstone.

#### STATE OF MONTANA, Plaintiff, vs. SUSAN YOUNG, Defendant,

CAUSE NO. DC-95-408 DECISION

On April 28,2008, the defendant was sentenced to a commitment to the Department of Corrections for a term of ten (10) years, all suspended, for violation of the conditions of a suspended sentence, for the offense of Forgery, Common Scheme, a felony. This sentence shall *25run concurrently with the sentence imposed in Criminal Cause No. DC-96-223.

On April 3, 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 Eric Olson. 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 she understood this and stated that she wished to proceed.

In reviewing the application, Eric Olson, counsel for Ms. Young, requested that he file a Motion with the Sentence Review Division that this matter be remanded to the District Court for determination of an appropriate credit for time served; whether it be concurrent with Federal time served and Colorado time served. Upon receipt of the Motion, the panel will rule on the Motion.

Therefore, it is the unanimous decision of the Division that the Application for Review of Sentence shall be continued until October 9, 2009.

Done in open Court this 3rd day of April, 2009.

DATED this 21st day of April, 2009.

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

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A15A0745. JARMAL HILL v. THE STATE.

Jarmal Hill was convicted of felony murder. Following the denial of his

motion for new trial, Hill appealed to this Court. Under our Constitution, however,

the Supreme Court has appellate jurisdiction over “[a]ll cases in which a sentence of

death was imposed or could be imposed.” See Ga. Const. of 1983, Art. VI, Sec. VI,

Par. III (8). Because a penalty of death can be imposed for the crime of murder,

jurisdiction is proper in the Supreme Court. See OCGA § 17-10-30 (b); Neal v. State,

290 Ga. 563, 572 (722 SE2d 765) (2012) (Hunstein, J., concurring); see also State v.

Thornton, 253 Ga. 524 (322 SE2d 711) (1984) (directing this Court to transfer “all

cases in which either a sentence of death or of life imprisonment has been imposed

upon conviction of murder”). Accordingly, Hill’s appeal is hereby TRANSFERRED

to the Supreme Court for disposition.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

12/18/2014

December 18, 2014
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 40184 Summary Calendar

**____________ United States of America,**  Plaintiff

–

Appellee **,**

versus **Jose De Jesus Morales,** Defendant

– Appellant

**.**

**______________________________** Appeal from the United States District Court for the Southern District of Texas USDC No. 5:21

- CR

- 1172

- 4

**______________ ________________**  Before **Wiener, Stewart,** and **Douglas,** Circuit Judges

**. Per Curiam**  **:** *****
Defendant

– Appellant Jose de Jesus Morales pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine and heroin and two counts of possession with intent to distribute methamphetamine . The district court sentenced Morales to concurrent terms of 135 months of imprisonment on each count , followed by five years

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED December 12, 2023 Lyle W. Cayce Clerk Case: 23-40184 Document: 00516998012 Page: 1 Date Filed: 12/12/2023No. 23

- 40184

2 of sup ervised release. Morales challenges the district court’s denial of a minor

- role adjustment under U.S.S.G. § 3B1.2 (b). Our review of this issue is for clear error. See United States v. Castro , 843 F.3d 608, 612 (5th Cir. 2016) (internal citation omitted)

. Morales contends that he should have received a two

- level downward adjustment for his minor role in the offense because he was merely a courier who was not involved in planning or organizing and had no decision

- making authori ty. However, unlike the other average participants he identifies , Morales individually arranged at least one drop off of drugs. I n light of the record as a whole, Morales has not met his burden of showing that he was substantially less culpable than the av erage participant or that his acts were merely peripheral to the criminal activity. See § 3B1.2 cmt . n.3; United States v. Anchundia

- Espinoza , 897 F.3d 629, 634

– 35 ( 5th Cir. 2018) (quoting United States v. Miranda , 248 F.3d 434, 446 (5th Cir. 2001 ) ) ( “A minor participant adjustment is not appropriate simply because a defendant does less than other participants; in order to qualify as a minor participant, a defendant must have been peripheral to the advancement of the illicit activity.” ); Castro , 843 F.3d at 612 (“Castro could be a courier without being substantially less culpable than the average participant.” (internal quotation marks and citation omitted))

. **AFFIRMED**

. Case: 23-40184 Document: 00516998012 Page: 2 Date Filed: 12/12/2023
---

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



In connection with the Annual Report of Endeavor Explorations
  Inc. (the Company) on Form 10-K for the period ending July 31, 2009
  as filed with the Securities and Exchange Commission on the date hereof (the
  Report), I, Belkis Jimenez Rivero, Chief Financial Officer of the
  Company and a member of the Board of Directors, certify, pursuant to 18 U.S.C.
  §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.



/s/ Belkis Jimenez Rivero

Belkis Jimenez Rivero 
  Chief Financial Officer
  October 29, 2009

---
EXHIBIT 32.1


                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Sparta Commercial Services, Inc. (the
"Company")  on Form 10-QSB for the  quarterly  period ended October 31, 2005, as
filed with the Securities and Exchange  Commission on the date therein specified
(the "Report"),  the undersigned,  Anthony L. Havens, as Chief Executive Officer
and Principal Financial Officer of the Company, hereby certifies, pursuant to 18
U.S.C. Section 1350, 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.


/s/ Anthony L. Havens
-------------------------------
Anthony L. Havens
Chief Executive Officer
and Principal Financial Officer

Date: December 19, 2005
exv10w2



 





Exhibit 10.2




GUARANTY




     The undersigned (“Brocade”) hereby unconditionally guaranties to the extent set forth in the
Indenture, dated February 20, 2002 between McDATA Services Corporation f/k/a Computer Network
Technology Corporation, as issuer (the “Issuer”), and U.S. Bank National Association, a national
banking association, as Trustee (the “Trustee”), as supplemented by First Supplemental Indenture
dated as of June 1, 2005 by and among the Issuer, the Trustee and McDATA Corporation (“McDATA”) and
that Second Supplemental Indenture dated as of January 29, 2007 by and among the Issuer, the
Trustee, McDATA and Brocade (as amended, restated or supplemented from time to time, the
“Indenture”), and subject to the provisions of the Indenture, as supplemented, (a) the due and
punctual payment of the principal of, and premium, if any, and interest on the Securities, when and
as the same shall become due and payable, whether at maturity, by acceleration or otherwise, the
due and punctual payment of interest on overdue principal of, premium, if any, and, to the extent
permitted by law, interest, all in accordance with the terms set forth in Article Three of the
Second Supplemental Indenture, and (b) in case of any extension of time of payment or renewal of
any Securities or any of such other obligations, that the same will be promptly paid in full when
due or performed in accordance with the terms of the extension or renewal, whether at stated
maturity, by acceleration or otherwise.



     The obligations of Brocade to the Holders pursuant to this Guaranty and the Indenture, as
supplemented, are expressly set forth in Article Three of the Second Supplemental Indenture and
reference is hereby made to the Indenture, as supplemented, for the precise terms and limitations
of this Guaranty.



     Capitalized terms used but not defined herein shall have the meanings ascribed to such terms
in the Indenture.



[Signature on Following Page]




1









 








     IN WITNESS WHEREOF, Brocade has caused this Guaranty to be duly executed as of the date set
forth below.



Dated: January 29, 2007




	 	 	 	 	 
	 	Brocade:




BROCADE COMMUNICATION SYSTEMS, INC.

 	 
	 	By:  	/s/ Richard Deranleau
 	 
	 	 	Name:  	Richard Deranleau 	 
	 	 	Title:  	Chief Financial Officer 	 
	 




2
##### 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549
 FORM 8-K CURRENT REPORT Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934  Date of Report (Date of earliest event reported)
    
    MARCH 18, 2005
  NORTEL NETWORKS CORPORATION(Exact name of registrant as specified in its charter)
  CANADA
    
    001-07260
    
    NOT APPLICABLE(State or other jurisdictionof incorporation)
    
    (CommissionFile Number)
    
    (IRS EmployerIdentification No.)8200 DIXIE ROAD, SUITE 100, BRAMPTON, ONTARIO, CANADA
    
    L6T 5P6(Address of principal executive offices)
    
    (Zip Code)
  Registrants telephone number, including area code
    
    905-863-0000
  (Former name or former address, if changed since last report.)
 Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the
filing obligation
of the registrant under any of the following provisions (see General Instruction A.2. below): o     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) o     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) o     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



Item 2.02     Results of Operations and Financial Condition On March 18, 2005, the registrant issued a press release providing a status update on its and
Nortel Networks Limiteds financial restatement process and other related matters. Such press
release is attached hereto as Exhibit 99.1 and furnished in accordance with Item 2.02 of Form 8-K. Item 8.01     Other Events On March 18, 2005, the registrant issued the press release attached hereto as Exhibit 99.1, and
such press release is incorporated by reference herein (other than information included on or
linked from the registrants website, referenced in such release, which is not incorporated by
reference into this report). Item 9.01     Financial Statements and Exhibits  (c)
    
    Exhibits  99.1
    
    Press Release issued by the registrant on March 18, 2005.




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly
caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NORTEL NETWORKS CORPORATIONBy:
    /s/ Peter W. CurriePeter W. CurrieChief Financial OfficerBy:
    /s/ Gordon A. DaviesGordon A. DaviesAssistant General Counsel  Securities
and Corporate Secretary Dated: March 18, 2005




---



##### 



EXHIBIT INDEX Exhibit No.
    
    Description99.1
    
    Press Release issued by the registrant on March 18, 2005.