alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-10590

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

RAFAEL RODRIGUEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:05-CR-22-1

Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

Rafael Rodriguez appeals the sentences imposed following the revocation

of his supervised release terms. He complains that the district court improperly

considered the factors in 18 U.S.C. § 3553(a)(2)(A) in imposing his sentences.

Rodriguez argues that the district court was precluded from considering the

§ 3553(a)(2)(A) factors because they are not among those that 18 U.S.C. § 3583(e)

directs courts to weigh in fashioning a revocation sentence. He does not allege,

and the record does not reflect, that the district court, in imposing his revocation

United States Court of Appeals

Fifth Circuit

F I L E D

March 16, 2010

Charles R. Fulbruge III

Clerk

Case: 09-10590 Document: 00511052512 Page: 1 Date Filed: 03/16/2010
No. 09-10590

2

sentence, made any specific reference to § 3553(a)(2)(A) or that the district court

discussed any of the factors set forth in § 3553(a)(2)(A). His argument instead

rests on a statement in the district court’s written judgment of revocation and

sentence that the court had considered all factors set forth in § 3553(a).

We have not yet addressed whether a district court may consider the

factors in § 3553(a)(2)(A) when imposing a revocation sentence. However, we

need not reach the issue in the instant case. When sentencing Rodriguez, the

district court noted that it had imposed what it believed “to be a reasonable

sentence that adequately and appropriately address[ed] all of the factors the

Court is to consider under § 3553(a) of Title 18.” By limiting its consideration

to only those factors it is to consider under § 3553(a), the district court indicated

that it was not considering the § 3553(a)(2)(A) factors. The district court’s oral

pronouncement at sentencing controls to the extent it conflicts with the court’s

written judgment. See United States v. Martinez, 250 F.3d 941, 942 (5th Cir.

2001). Accordingly, Rodriguez has not shown error. Rodriguez’s argument fails

to establish that his revocation sentence is unreasonable or plainly

unreasonable. See United States v. Hinson, 429 F.3d 114, 119-20 (5th Cir. 2005).

The judgment of the district court is AFFIRMED.

Case: 09-10590 Document: 00511052512 Page: 2 Date Filed: 03/16/2010
I 

108TH CONGRESS 

1ST SESSION H. R. 556

To suspend temporarily the duty on certain manufacturing equipment. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

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

Committee on Ways and Means 

A BILL

To suspend temporarily the duty on certain manufacturing 

equipment.

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

3 SECTION 1. CERTAIN MANUFACTURING EQUIPMENT. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by striking heading 9902.84.91 and inserting in 

7 numerical sequence the following new heading:
2

•HR 556 IH 

‘‘ 9902.84.91 Sawing machines 

certified for use 

in production of 

radial tires, designed for offthe-highway use, 

and for use on a 

rim measuring 

63.5 cm or more 

in diameter (provided for in subheading 

4011.20.10, 

4011.61.00, 

4011.63.00, 

4011.69.00, 

4011.92.00, 

4011.94.40, or 

4011.99.45), numerically controlled, or parts 

thereof (provided 

for in subheading 

8465.91.00 or 

8466.92.50) ....... Free No change No change On or before 

12/31/2005 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act.

Æ
#### UNITED STATES of America, Plaintiff-Appellee v. Eduardo Garcia GARCIA, also known as Eduardo Garcia, Defendant-Appellant.

No. 12-40364

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2012.

Renata Ann Gowie, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before DÁVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Eduardo Garcia Garcia has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Gar*325cia Garcia has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
**Exhibit 31****Certification**     I, Michael Coco, certify that:     1. I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containingdistribution or servicing reports filed in respect of periods included in the year covered by thisannual report, of Advanta Business Receivables Corp. on behalf of Advanta Business Card MasterTrust;     2. Based on my knowledge, the information in these reports, taken as a whole, does not containany untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading as of the last day of the period covered by this annual report;     3. Based on my knowledge, the distribution or servicing information required to be provided tothe trustee by the Servicer under the pooling and servicing, or similar, agreement, for inclusionin these reports is included in these reports;     4. Based on my knowledge and upon the annual compliance statement included in the report andrequired to be delivered to the trustee in accordance with the terms of the pooling and servicing,or similar, agreement, and except as disclosed in the reports, the Servicer has fulfilled itsobligations under the servicing agreement; and     5. The reports disclose all significant deficiencies relating to the Servicer’s compliancewith the minimum servicing standards based upon the report provided by an independent publicaccountant, after conducting a review in compliance with the Uniform Single Attestation Program forMortgage Bankers or similar procedure, as set forth in the pooling and servicing, or similar,agreement, that is included in these reports.     Date: March 28, 2006       By: /s/ Michael Coco   Name: Michael Coco  Title: President of Advanta Business Receivables Corp.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 712 Engrossed in House (EH)]

  2d Session

                               H. R. 712

_______________________________________________________________________

                                 AN ACT

                 For the relief of Richi James Lesley.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 712

_______________________________________________________________________

                                 AN ACT

 
                 For the relief of Richi James Lesley.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR RICHI JAMES LESLEY.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Richi James Lesley shall be 
eligible for issuance of an immigrant visa or for adjustment of status 
to that of an alien lawfully admitted for permanent residence upon 
filing an application for issuance of an immigrant visa under section 
204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Richi James Lesley enters the United 
States before the filing deadline specified in subsection (c), he shall 
be considered to have entered and remained lawfully and shall, if 
otherwise eligible, be eligible for adjustment of status under section 
245 of the Immigration and Nationality Act as of the date of the 
enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Richi James Lesley, the 
Secretary of State shall instruct the proper officer to reduce by 1, 
during the current or next following fiscal year, the total number of 
immigrant visas that are made available to natives of the country of 
the alien's birth under section 203(a) of the Immigration and 
Nationality Act or, if applicable, the total number of immigrant visas 
that are made available to natives of the country of the alien's birth 
under section 202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Richi James 
Lesley shall not, by virtue of such relationship, be accorded any 
right, privilege, or status under the Immigration and Nationality Act.

            Passed the House of Representatives July 6, 2004.

            Attest:

                                                                 Clerk.
```
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

                    The Federal Energy Regulatory Commission hereby provides notice of                           ( print page 36191)                        the membership of its Performance Review Board (PRB) for the Commission's Senior Executive Service (SES) members. The function of this board is to make recommendations relating to the performance of senior executives in the Commission. This action is undertaken in accordance with Title 5, U.S.C., section 4314(c)(4). The Commission's PRB will remove the following members:                

Shelton M. Cannon,

J. Mark Robinson,

Susan J. Court.

Kimberly D. Bose,

Secretary.

[FR Doc. E9-17340 Filed 7-21-09; 8:45 am]

BILLING CODE 6717-01-P
EXHIBIT 13.1

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 Annual Report of PetroChina Company Limited (the Company) on Form 20-F for the period ending
December 31, 2015, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, WANG Yilin, hereby certify that to the best of my knowledge:

1. The Report fully complies with the requirements of Section 13(a) 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/ WANG YilinName:

Wang YilinTitle:

Chairman (performing the functions of
Chief Executive Officer)


Date: April 28, 2016
EXHIBIT 32.1


                  CERTIFICATION PURSUANT TO RULE 13a-14(b) and
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  Section 906 of the Sarbanes-Oxley Act of 2002


         In connection with the filing by Rush Financial Technologies, Inc. (the
"Company") of the Quarterly Report on Form 10-QSB for the period ended June 30,
2006 (the "Report"), I, Michael G. Nolan, Chief Executive Officer of the
Company, 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) and 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 operation of the Company.







                                                /s/ Michael G. Nolan
                                                -----------------------------
                                                Michael G. Nolan
                                                Chief Executive Officer


Dated:  August 23, 2006


This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, nor shall it be deemed incorporated by
reference in any filing under the Securities Act of 1933 or the Securities
Exchange Act of 1934, except to the extent as shall be expressly set forth by
specific reference in such filing.




                                       34
EX-10.03



 Exhibit 10.03 
 AMENDMENT TO THE 
 SYMETRA FINANCIAL CORPORATION 

ANNUAL INCENTIVE BONUS PLAN 
 Pursuant to Section 8.3 thereof, the Symetra Financial Corporation Annual Incentive Bonus Plan is amended effective March 5, 2013, as follows: 

1. Section 6.4 is amended in its entirety to read as follows: 

6.4 Right to Incentive Bonus. To ensure that the Company achieves the purposes and receives the benefits
contemplated by this Plan, a participant shall receive the Incentive Bonus only if the Participant remains continuously employed by the Company until the Incentive Bonus is actually paid to the Participant, as described below in Section 6.5.
The following exceptions to this rule apply: 
 (a) For Participants not eligible for the Executive Severance Pay
Plan: (i) If a Participant experiences a Termination of Employment prior to the end of a Plan Year, and the Termination of Employment is due to death, Total Disability, voluntary Termination of Employment after age 65, or the Company’s
elimination of the Participant’s position, the Participant (or his or her personal representative or estate) shall nevertheless receive payment of the Incentive Bonus for that Plan Year, based on his or her Eligible Earnings for that Plan Year,
subject to the Company Performance Modifier. (ii) If the Participant terminates under one of the circumstances in the previous sentence after the end of a Plan Year but before the Incentive Bonus is paid, the Participant shall receive payment
of the Incentive Bonus for that Plan Year, if any, calculated under Section 6.3. 
 (b) For Participants
eligible for the Executive Severance Pay Plan: (i) If a Participant experiences a Termination of Employment prior to the end of a Plan Year, and the Termination of Employment is due to death, Total Disability, or voluntary Termination of
Employment after age 65, the Participant (or his or her personal representative or estate) shall nevertheless receive payment of the Incentive Bonus for that Plan Year, based on his or her Eligible Earnings for that Plan Year, subject to the Company
Performance Modifier. No Incentive Bonus is payable for any other termination prior to the end of a Plan Year. (ii) If a Participant is involuntarily terminated without cause or has a Constructive Termination after the end of a Plan Year but
before the Incentive Bonus is paid, the Participant shall receive payment of the Incentive Bonus for that Plan Year, if any, calculated under Section 6.3. 
 The payment to any terminated Participant under (a) or (b) will occur at the same time as payments to other Participants. Any forfeited Incentive Bonuses shall be reallocated to other
Participants entitled to a bonus for the Plan Year, on a proportionate basis. 







 DATED this 5th day of March, 2013 

 

			
	SYMETRA FINANCIAL CORPORATION
		
	By 	 	 /s/ Christine A. Katzmar Holmes

		
	Its 	 	 SVP - Human Resources
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 862 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 862

    To amend the Congressional Budget Act of 1974 to protect Social 
       Security beneficiaries against any reduction in benefits.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2003

  Mr. Toomey introduced the following bill; which was referred to the 
Committee on Rules, and in addition to the Committee on the Budget, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
    To amend the Congressional Budget Act of 1974 to protect Social 
       Security beneficiaries against any reduction in benefits.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Protection Act of 
2003''.

SEC. 2. PROTECTION OF SOCIAL SECURITY BENEFICIARIES.

    Section 312 of the Congressional Budget Act of 1974 is amended by 
adding at the end the following new subsection:
    ``(g) Point of Order To Protect Social Security Benefits.--(1) It 
shall not be in order in the House of Representatives or the Senate to 
consider any bill or joint resolution, or amendment thereto or 
conference report thereon, that--
            ``(A) reduces or has the effect of reducing any current 
        benefits under the old-age, survivors, and disability insurance 
        programs under title II of the Social Security Act; or
            ``(B) provides for or has the effect of providing for cost-
        of-living increases of benefits under the old-age, survivors, 
        and disability insurance programs under title II of the Social 
        Security Act that are less than what would be provided under 
        title II of the Social Security Act as of the day of 
        consideration of the applicable measure.
            ``(2) As used in paragraph (1), the term `current', when 
        referring to benefits, means benefits payable as of the day of 
        consideration of the applicable measure.''.

SEC. 3. SUPER MAJORITY REQUIREMENT IN THE SENATE.

    Section 904 of the Congressional Budget Act of 1974 is amended--
            (1) in subsection (c)(2), by striking ``and 312(c)'' and 
        inserting ``312(c), and 312(g)''; and
            (2) in subsection (d)(3), by striking ``and 312(c)'' and by 
        inserting ``312(c), and 312(g)''.
                                 <all>
```
# laucnty09

&8Page &P of &N
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                          33,214
<SECURITIES>                                    35,866
<RECEIVABLES>                                    5,795
<ALLOWANCES>                                       239
<INVENTORY>                                        619
<CURRENT-ASSETS>                                76,805
<PP&E>                                          11,348
<DEPRECIATION>                                   6,118
<TOTAL-ASSETS>                                  88,488
<CURRENT-LIABILITIES>                            4,182
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        73,982
<OTHER-SE>                                      10,158
<TOTAL-LIABILITY-AND-EQUITY>                    88,488
<SALES>                                         34,104
<TOTAL-REVENUES>                                34,104
<CGS>                                            4,180
<TOTAL-COSTS>                                    4,180
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 (133)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  6,953
<INCOME-TAX>                                     2,365
<INCOME-CONTINUING>                              4,588
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,588
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .15
        

</TABLE>