alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In **T he**  **Court of Appeals Seventh District of Texas at Amarillo**  No. 07 - 23 - 00039 - CR CHARLES CLINTON AARS , A PPELLANT V. THE STATE OF TEXAS , APPELLEE On Appeal from the 22nd District Court Comal County, Texas Trial Court No . CR2021 - 150 , Honorable Bruce Boyer , Presiding 

### June 5 , 2023 MEMORANDUM OPINION Before QUINN , C.J. , and PARKER and DOSS , JJ. Appellant, Charles Clinton Aars, appeals his conviction by jury of the offense of aggravated assault with a deadly weapon 1 and sentence of two years of confinement. 2 Pending before this Court is appellant’s motion to voluntarily dismiss the appeal. As required by Rule of Appellate Procedure 42.2(a), the motion to dismiss is signed by

1 T EX . P ENAL C ODE A NN . § 22.02(a)(2). 2 Originally appeal ed to the Third Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See T EX . G OV ’ T C ODE A NN . § 73.001.2 appellant and his attorney. As no decis ion of the Court has been delivered, the motion is granted , and the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Per Curiam Do not publish.
| **INVESTMENT SECURITIES (Other-Than-Temporary Impairment) (Details)** | Mar. 31, 2016 security |
|-----------------------------------------------------------------------|------------------------|
| **Investments, Debt and Equity Securities [Abstract]**                |                   |
| Number of securities in unrealized loss position                      | 230                    |

| X                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| - Definition
Number of investment positions in available-for-sale investments in a continuous unrealized loss position for which an other-than-temporary impairment (OTTI) has not been recognized in the income statement.
+ References
Reference 1: http://www.xbrl.org/2003/role/presentationRef -Publisher FASB -Name Accounting Standards Codification -Topic 320 -SubTopic 10 -Section 50 -Paragraph 6 -Subparagraph (b)(3) -URI http://asc.fasb.org/extlink&oid=27724398&loc=d3e27290-111563
+ Details**Name:**us-gaap_AvailableforsaleSecuritiesInUnrealizedLossPositionsQualitativeDisclosureNumberOfPositions1**Namespace Prefix:**us-gaap_**Data Type:**xbrli:integerItemType**Balance Type:**na**Period Type:**instant |
| X                                                                                                                                                                                                                    |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| - References
No definition available.
+ Details**Name:**us-gaap_InvestmentsDebtAndEquitySecuritiesAbstract**Namespace Prefix:**us-gaap_**Data Type:**xbrli:stringItemType**Balance Type:**na**Period Type:**duration |
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 Form 10-K of Microtune, Inc. (the
Company) for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James A. Fontaine, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        
|------------------------
|/s/    JAMES A. FONTAINE
|James A. Fontaine       
|Chief Executive Officer 



Date:
March 11, 2005
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KAI KI KON, 

Petitioner, No. 03-71121

v. Agency No.  A71-651-400 ALBERTO GONZALES,* Attorney

General, OPINION

Respondent. 

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted

February 7, 2005—Pasadena, California

Filed March 18, 2005

Before: Warren J. Ferguson, John T. Noonan, and

Michael Daly Hawkins, Circuit Judges.

Per Curiam Opinion

*Alberto R. Gonzales is substituted for his predecessor, John Ashcroft,

as Attorney General of the United States, pursuant to Fed. R. App. P.

43(c)(2). 

3361
COUNSEL

David Gardner (argued) and Louis A. Gordon (briefed), Law

Offices of David Gardner, Los Angeles, California, for the

petitioner-appellant. 

3362 KON v. GONZALES
Paul Fiorino (argued) and Hillel R. Smith (briefed), Office of

Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent-appellee. 

OPINION

PER CURIAM: 

Kai Ki Kon (“Kon”), a native and citizen of Hong Kong,

petitions for review of the Board of Immigration Appeals’

(“BIA’s”) decision summarily affirming an immigration

judge’s denial of asylum and withholding of removal. As an

initial matter, we must decide whether Kon’s voluntary departure from the United States deprives this Court of jurisdiction.

We find that it does and, accordingly, dismiss Kon’s claims

for lack of jurisdiction. 

[1] The Illegal Immigration Reform and Immigrant

Responsibility Act’s (“IIRIRA”) transitional rules apply in

cases where deportation or exclusion proceedings commenced

before April 1, 1997, and the final deportation or exclusion

order was issued after October 20, 1996. See Kalon v. INS,

133 F.3d 1147, 1150 (9th Cir. 1997). The Government issued

a charging document on January 23, 1997 alleging that Kon

was excludable from the United States, and the BIA issued its

final order on October 8, 1997. Thus, the IIRIRA’s transitional rules apply here. 

[2] The IIRIRA’s transitional rules incorporate 8 U.S.C.

§ 1105a(c), which provided in relevant part: 

An order of deportation or of exclusion shall not be

reviewed by any court if the alien has not exhausted

the administrative remedies available to him as of

right under the immigration laws and regulations or

if he has departed from the United States after the

issuance of the order.

KON v. GONZALES 3363
8 U.S.C. § 1105a(c) (emphasis added). 

[3] Because Kon voluntarily departed the United States to

Hong Kong after issuance of the exclusion order, we lack

jurisdiction to entertain his petition for review under the plain

reading of the statute. See Thorsteinsson v. INS, 724 F.2d

1365, 1367 (9th Cir. 1984) (interpreting the jurisdictional limits of 8 U.S.C. § 1105a(c)); Hose v. INS, 180 F.3d 992, 996

(9th Cir. 1999) (noting that 8 U.S.C. § 1105a(c) strips our

jurisdiction over an alien’s petition for review once the alien

leaves the United States). 

DISMISSED FOR LACK OF JURISDICTION.

3364 KON v. GONZALES
Exhibit 31.2



CERTIFICATIONS UNDER SECTION 302



I, Michael E. Spicer, certify that:



1. I have reviewed this annual report of Orchid BioSciences, Inc.;



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.



Date:  May 27, 2004



|                                                                                                                
|----------------------------------------------------------------------------------------------------------------
|/S/    MICHAEL E.
SPICER                                                                                        
|Michael E. Spicer Senior Vice President and Chief Financial Officer (Principal Financial and Accounting
Officer)
Exhibit 10.6

 

Amendment No. 1 to

 

Dynamic Materials Corporation 2006 Stock Incentive Plan

 

This Amendment No. 1 (the “Amendment”) to the Dynamic Materials Corporation 2006 Stock Incentive Plan (the “Plan”), has been adopted by the Board of Directors of Dynamic Materials Corporation, a Delaware corporation (the “Company”), on March 11, 2013 to be effective as of such date; provided however, that Section 1 of this Amendment shall not be effective until approved by the affirmative vote of a majority of the stockholders of the Company.

 

1.                                      Increase in Number of Shares Available.  Section 3(a) of the Plan is hereby amended to read in its entirety as follows:

 

Number of Shares Available for Grants.  Subject to adjustment as provided in Section 18 hereof, the maximum number of Shares that may be issued pursuant to Awards under the Plan shall be 1,617,500.  The Shares to be issued pursuant to the Awards may be authorized but unissued Shares or treasury Shares.

 

2.                                      Limitation on Number of Incentive Stock Options.  Section 3(b)(i) of the Plan is hereby amended to read in its entirety as follows:

 

Options and SARs:  The maximum of Shares to which Options and SARs may be granted in any 36-month period to any one Participant shall be 425,000 Shares.  If the Options are Incentive Stock Options, the maximum aggregate number of Shares that may be granted with respect thereto in any 12-month to any one Participant shall be 150,000 Shares.

 

3.                                      Limitation on Shorter Period of Restriction.  Section 8(c) is hereby amended by replacing “five percent (5%)” with “twenty percent (20%).”

 

4.                                      Code Section 409A Matters.  Section 24(f) of the Plan is hereby amended to read in its entirety as follows:

 

Code Section 409A Compliance.  To the extent applicable, it is intended that this Plan and any Awards granted hereunder comply with the requirements of Section 409A of the Code and the regulations and other guidance promulgated thereunder (“Section 409A”).  Any provision that would cause the Plan or any Award granted hereunder to fail to satisfy Section 409A shall have no force or effect until amended to comply with Section 409A, which amendment may be retroactive to the extent permitted by Section 409A.  Notwithstanding anything in this Plan or Award granted hereunder to the contrary, in no event will the Committee provide

 











 

for the deferral of settlement or vesting of any award, on a mandatory basis or Participant elective basis, unless such deferral is documented in writing and administered in compliance with Section 409A.  In no event shall the number, kinds, or exercise price of any Award granted hereunder be modified or extended if such modification or extension would result in a violation of Section 409A.

 

2
# 18SNR09_00

# image1.png
IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 94-6400 

JEFFERSON COUNTY, A political

subdivision of the State of Alabama,

 Plaintiff-Appellant,

versus

WILLIAM W. ACKER, JR.,

 Defendant-Appellee.

__________________________

JEFFERSON COUNTY, A political 

subdivision of the State of Alabama,

 Plaintiff-Appellant,

 versus

U. W. CLEMON,

 Defendant-Appellee.

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

 Appeal from the United States District Court for the

Northern District of Alabama

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

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion August 21, 1995, 11th Cir., 1995, F.2d )

(January 12, 1996)

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX,

BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.*
B Y T H E C O U R T :

A member of this court in active service having requested a poll

on the suggestion for rehearing en banc and a majority of the judges in

this court in active service having voted in favor of granting a rehearing

en banc,

IT IS ORDERED that the above cause shall be reheard by this

court en banc. The previous panel's opinion is hereby VACATED.

_______________________________

*Senior U.S. Circuit Judge Albert J. Henderson has elected to participate

 in further proceedings in this matter pursuant to 28 U.S.C. § 46(c).
[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Page 36807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17549]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 6705]


Correction to 30-Day Notice of Proposed Information Collection: 
DS-7655, Iraqi Citizens and Nationals Employed by U.S. Federal 
Contractors, Grantees, and Cooperative Agreement Partners, OMB Control 
Number 1405-0184; Corrections

AGENCY: Department of State.

ACTION: Notice; correction.

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

SUMMARY: This document contains a correction to the 30-Day Notice of 
Proposed Information Collection: DS-7655, Iraqi Citizens and Nationals 
Employed by U.S. Federal Contractors, Grantees, and Cooperative 
Agreement Partners, OMB Control Number 1405-0184 published in the 
Federal Register on Tuesday, July 14, 2009, in Volume 74-No. 133, page 
34070. The document contained incorrect `Estimated Number of Responses' 
due to a typographical error.

FOR FURTHER INFORMATION CONTACT: Robert S. Lower (POC), Department of 
State, A/LM Room 525, P.O. Box 9115 Rosslyn Station, Arlington, VA 
22219, who may be reached at 703-875-5822 or at <a href="/cdn-cgi/l/email-protection#6a26051d0f1838392a191e0b1e0f440d051c"><span class="__cf_email__" data-cfemail="367a59415344646576454257425318515940">[email protected]</span></a>.

Correction

    In the Federal Register of Tuesday, July 14, 2009, in Volume 74-No. 
133, page 34070, in the 3rd column 7th bullet, correct the 7th bullet 
to read:
    <bullet> Estimated Number of Responses: 200.

    Dated: July 15, 2009.
William H. Moser,
Deputy Assistant Secretary, Office of Logistics Management, Bureau of 
Administration, Department of State.
[FR Doc. E9-17549 Filed 7-23-09; 8:45 am]
BILLING CODE 4710-24-P


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# Trenches

Fatal occupational injuries involving trenches, 2011-2018 - continued		

Fatal occupational injuries involving trenches, 2011-2018		

Fatal occupational injuries involving trenches, 2011-2018 - continued		

Fatal occupational injuries involving trenches, 2011-2018		

Page &P
UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

KIMBERLEE WILLIAMS, et al., 

Plaintiffs, Civil Action No.: 11-1754 (JLL) (JAD) 

v. ORDER 

BASF CATALYSTS LLC, et al., 

Defendant. 

Presently before the Court are Motions to Dismiss Plaintiffs' Second Amended Complaint 

filed by following Defendants: Thomas D. Halket (ECF No. 166); Arthur A. Dornbusch II 

(ECF 67); BASF Catalysts LLC (ECF No. 168); Cahill Gordon & Reindel LLP (f/k/a Cahill 

Gordon & Reindel), Ira J. Dembrow, and Howard G. Sloane (collectively "Cahill") (ECF No. 170); 

and Glenn Hemstock (ECF No. 177) (ECF Nos. 166, 167, 168, 170, and 177 are collectively 

referred to as "the Motions to Dismiss the SAC"). The Court has considered the parties' 

submissions and decides this matter without oral argument pursuant to Rule 78 of the Federal 

Rules Civil Procedure. For the reasons set forth in the Court's corresponding Opinion, 

IT IS on this ay of April, 2016, 

ORDERED that the Motions to Dismiss the SAC (ECF Nos. 166, 167, 168, 170, and 177) 

are DENIED. 

IT IS SO ORDERED. 

J9ifL. LINARES 

/~~FITED STATES DISTRICT JUDGE 

l / /' 

""'"/ 

Case 2:11-cv-01754-BRM-ESK Document 191 Filed 04/05/16 Page 1 of 1 PageID: 6153
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DEREK TODD,

 Plaintiff - Appellant,

 v.

GARY ICHIKAWA, Judge,

 Defendant - Appellee.

No. 12-16588

D.C. No. 2:12-cv-01379-MCEGGH

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., Chief Judge, Presiding

Submitted December 17, 2013** 

Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. 

Derek Todd appeals pro se from the district court’s judgment dismissing his

42 U.S.C. § 1983 action alleging that Judge Ichikawa denied Todd visitation with

his son during Easter in violation of Todd’s constitutional rights. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28

FILED

JAN 02 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
U.S.C. § 1915(e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.

1998) (order). We affirm. 

The district court properly dismissed Todd’s action because Judge Ichikawa

is immune from liability. See Mireles v. Waco, 502 U.S. 9, 9, 11-12 (1991) (per

curiam) (judges are absolutely immune from suits for damages based on their

judicial conduct except when performing nonjudicial functions or acting in the

complete absence of jurisdiction).

AFFIRMED. 

2 12-16588
Chart 3-7. Production, transportation, and material moving 

workers were most likely to be displaced in 2003-2004

2.9

1.6

3.2

3.8

4.6

0.0

1.0

2.0

3.0

4.0

5.0

Management,

professional, and

related occupations

Service

occupations

Sales and office

occupations

Natural resources,

construction, and

maintenance

occupations

Production,

transportation, and

material moving

occupations

2003-2004

Displacement rate

NOTE: Displaced workers are persons 20 years and older who lost or left jobs they had held for at least 3 years because their plant 

or company closed or moved, there was insufficient work for them to do, or their positions or shifts were abolished. The 2-year

displacement rates shown here are the most recent data available. 

SOURCE: Bureau of Labor Statistics

Chart 3-7. Production, transportation, and material moving 

workers were most likely to be displaced in 2003-2004

• The displacement rate reflects the likelihood of job loss due to plant or 

company closings, reduced work loads, or the abolishment of positions or 

shifts. 

• Workers in production, transportation, and material moving occupations were 

the most likely to be displaced in 2003-2004. In contrast, workers in service 

occupations were least likely to be displaced during the period.
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Page 4957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1765]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS04-282-001]


Old Dominion Electric Cooperative; Notice of Waiver

January 16, 2009.
    Take notice that on December 18, 2008, Old Dominion Electric 
Cooperative filed a request for continued waiver from the requirements 
of the Commission's Standards of Conduct requirements contained in Part 
358 of the Commission's Regulations, 18 CFR Part 358 (2008).
    Any person desiring to protest this filing must file in accordance 
with Rule 211 of the Commission's Rules of Practice and Procedure (18 
CFR 385.211). Protests to this filing will be considered by the 
Commission in determining the appropriate action to be taken, but will 
not serve to make protestants parties to the proceeding. Such protests 
must be filed on or before the date has indicated below. Anyone filing 
a protest must serve a copy of that document on all the parties to the 
proceeding.
    The Commission encourages electronic submission of protests in lieu 
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons 
unable to file electronically should submit an original and 14 copies 
of the protest to the Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#24626176676b4a484d4a41775154544b565064424156470a434b52"><span class="__cf_email__" data-cfemail="074142554448696b6e696254727777687573476162756429606871">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on Friday January 23, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1765 Filed 1-27-09; 8:45 am]
BILLING CODE 6717-01-P


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