alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 20-10635

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Leslie Mayuly Kingrasaphone, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:19-CR-364-4

Before Wiener, Southwick, and Duncan, Circuit Judges.

Per Curiam:*

Leslie Mayuly Kingrasaphone appeals the 210-month sentence 

imposed following her guilty plea conviction for conspiracy to possess with 

intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 

(b)(1)(A), and 846. She contends the district court erred by applying the two-

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 4, 2021

Lyle W. Cayce

Clerk

Case: 20-10635 Document: 00515732835 Page: 1 Date Filed: 02/04/2021
No. 20-10635

2

level enhancement under U.S.S.G. § 2D1.1(b)(5) based on its finding that the 

offense involved importation of methamphetamine. She concedes that the 

argument is foreclosed by this court’s decision in United States v. Foulks, 747 

F.3d 914, 915 (5th Cir. 2014), but she asserts that Foulkswas wrongly decided.

As Kingrasaphone concedes, her sole argument on appeal is 

foreclosed by the decision in Foulks, in which this court upheld the 

application of the § 2D1.1(b)(5) enhancement even where the person from 

whom the defendant purchased the methamphetamine had not personally 

imported it. Foulks, 747 F.3d at 915; see also United States v. Serfass, 684 F.3d 

548, 552 (5th Cir. 2012) (holding that the Section 2D1.1(b)(5) enhancement 

applies “regardless of whether the defendant had knowledge of [the drug] 

importation.”). Accordingly, the Government’s motion for summary 

affirmance is GRANTED, the Government’s alternative motion for an 

extension of time to file a brief is DENIED as unnecessary, and the 

judgment of the district court is AFFIRMED.

Case: 20-10635 Document: 00515732835 Page: 2 Date Filed: 02/04/2021
<TABLE> <S> <C>
                                                                
<ARTICLE>                  6
<LEGEND>                                                              
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 
THE FINANCIAL STATEMENTS OF THE FUND AND IS QUALIFIED IN ITS ENTIRETY
 BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>                                                             
<CIK>                           811860
<NAME>        Saturna Investment Trust
<SERIES>                   
   <NUMBER>          4
   <NAME>              Sextant Short Term Bond Fund
<MULTIPLIER>                              1
<CURRENCY>                       US Dollars
       
<S>                              <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>            Nov-30-1995
<PERIOD-START>              Dec-01-1994
<PERIOD-END>                  Nov-30-1995
<EXCHANGE-RATE>                    1
<INVESTMENTS-AT-COST>         857068
<INVESTMENTS-AT-VALUE>        860805
<RECEIVABLES>                  12494
<ASSETS-OTHER>                  5064
<OTHER-ITEMS-ASSETS>               0
<TOTAL-ASSETS>                878363
<PAYABLE-FOR-SECURITIES>           0
<SENIOR-LONG-TERM-DEBT>            0
<OTHER-ITEMS-LIABILITIES>        631
<TOTAL-LIABILITIES>              631
<SENIOR-EQUITY>                    0
<PAID-IN-CAPITAL-COMMON>      873995
<SHARES-COMMON-STOCK>         174606
<SHARES-COMMON-PRIOR>              0
<ACCUMULATED-NII-CURRENT>          0
<OVERDISTRIBUTION-NII>             0
<ACCUMULATED-NET-GAINS>            0
<OVERDISTRIBUTION-GAINS>           0
<ACCUM-APPREC-OR-DEPREC>        3737
<NET-ASSETS>                  877732
<DIVIDEND-INCOME>                  0
<INTEREST-INCOME>               7011
<OTHER-INCOME>                (1,251)
<EXPENSES-NET>                  1440
<NET-INVESTMENT-INCOME>         4320
<REALIZED-GAINS-CURRENT>           0
<APPREC-INCREASE-CURRENT>       3737
<NET-CHANGE-FROM-OPS>           8057
<EQUALIZATION>                     0
<DISTRIBUTIONS-OF-INCOME>      (4320)
<DISTRIBUTIONS-OF-GAINS>           0
<DISTRIBUTIONS-OTHER>              0
<NUMBER-OF-SHARES-SOLD>       178249
<NUMBER-OF-SHARES-REDEEMED>    (4505)
<SHARES-REINVESTED>              862
<NET-CHANGE-IN-ASSETS>        174606
<ACCUMULATED-NII-PRIOR>            0
<ACCUMULATED-GAINS-PRIOR>          0
<OVERDISTRIB-NII-PRIOR>            0
<OVERDIST-NET-GAINS-PRIOR>         0
<GROSS-ADVISORY-FEES>            605
<INTEREST-EXPENSE>                 0
<GROSS-EXPENSE>                 2436
<AVERAGE-NET-ASSETS>          632698
<PER-SHARE-NAV-BEGIN>           5.00
<PER-SHARE-NII>                 0.03
<PER-SHARE-GAIN-APPREC>        (0.03)
<PER-SHARE-DIVIDEND>            0.03
<PER-SHARE-DISTRIBUTIONS>          0
<RETURNS-OF-CAPITAL>               0
<PER-SHARE-NAV-END>             5.03
<EXPENSE-RATIO>                 0.23
<AVG-DEBT-OUTSTANDING>             0
<AVG-DEBT-PER-SHARE>               0
        

</TABLE>
DENMARK BANCSHARES, INC.

EXHIBIT (32.1)

CERTIFICATIONS



Written Statement of the Chief Executive Officer and Chief Financial Officer

Pursuant to 18 U.S.C. '
1350

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer and Chief Financial Officer of Denmark Bancshares, Inc. ("DBI"), hereby certify, based on their knowledge, that the Quarterly Report on Form 10-Q of DBI for the quarter ended March 31, 2008, (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of DBI.



|/s/ John P. Olsen          
|---------------------------
|John P. Olsen,             
|Principal Executive Officer
|and President              



|/s/ Dennis J. Heim           
|-----------------------------
|Dennis J. Heim               
|Vice President and Treasurer,
|Principal Financial and      
|Accounting Officer           
|                             
|Date:  April 25, 2008
AmericanFunds College Target Date Series

AMENDEDAND RESTATED
IV 

108TH CONGRESS 

1ST SESSION H. RES. 290

Expressing appreciation to the people and Government of Canada for their 

long history of friendship and cooperation with the people and Government of the United States and congratulating Canada as it celebrates 

‘‘Canada Day’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2003

Mr. STUPAK (for himself, Mr. NETHERCUTT, Mr. POMEROY, and Mr. QUINN) 

submitted the following resolution; which was referred to the Committee 

on International Relations 

RESOLUTION

Expressing appreciation to the people and Government of 

Canada for their long history of friendship and cooperation with the people and Government of the United 

States and congratulating Canada as it celebrates ‘‘Canada Day’’.

Whereas the United States has a long-cherished economic, social, and political partnership with Canada; 

Whereas the United States and Canada share not only a 

5,500 mile border, but also common ideals and cultural 

affinities; 

Whereas in this era of heightened security, the United States 

and Canada have renewed cooperative efforts to safeguard the movement of people and goods, improve infor-
2

•HRES 290 IH 

mation-sharing, and strengthen border infrastructure and 

technology; and 

Whereas July 1st of each year is officially celebrated in Canada as ‘‘Canada Day’’ in recognition of the anniversary 

of the establishment of the union of the British North 

American provinces in a federation called Canada: Now, 

therefore, be it

1 Resolved, That the House of Representatives—

2 (1) expresses its appreciation to the people and 

3 Government of Canada for their long history of 

4 friendship and cooperation with the people and Gov5 ernment of the United States; and 

6 (2) congratulates Canada as it celebrates its an7 nual ‘‘Canada Day’’.

Æ
rmdxs80309ex4a.htm


    Exhibit 4(a)

    
      

      

    

    
       

      
        

      

      
        

      

      
        

      

      Date:

       

      Re:      Stock
Award

      


      Dear Mr.
_________:

      


      In
consideration for your past advice, services and work as an employee of
RemoteMDx, Inc., the Board of Directors of the Company has agreed to grant to
you, as of the date of this letter, an award of ____________ shares of Common
stock of the Company.  We will promptly instruct our counsel to make
the necessary filings to have the shares issued as soon as
possible.

      


      Thank you
again for your valuable services to the Company.

      


      Sincerely,

      RemoteMDx,
Inc.

      


      


      


      
        

      

      By:_______________

      Title:______________

      


      Accepted
and Agreed:
No. 974.

No. 975.

#### Hays *v.*Bank of America National Trust & Savings Association; and Porteous *v.*Bank of America National Trust & Savings Association.

April 29, 1946.

*Charles Lederer*for petitioners.

*G. D. Schilling*for respondent.

Petition for writs of certiorari to the District Court of Appeal, Third Appellate District, of California, denied.
Exhibit 23.2

To
The Board of Directors of
CareScience, Inc.:

We
consent to the incorporation by reference in the Registration Statement (No. 333-52880) on Form S-8 of CareScience, Inc. of our report dated
February 25, 2003, with respect to the consolidated balance sheet of CareScience, Inc. and subsidiary as of December 31, 2002, and the related consolidated statements of
operations, manditorily redeemable preferred stock and shareholders' equity (deficit) and cash flows for the year ended December 31, 2002, which report appears in the December 31, 2002
annual report on Form 10-K of CareScience, Inc.

Our
report refers to our audit of the adjustments that were applied and disclosures that were added to revise the 2001 and 2000 consolidated financial statements, as more fully described in Notes 2
and 3 to the consolidated financial statements. However, we were not engaged to audit, review, or apply any procedures to the 2001 and 2000 consolidated financial statements other than with respect to
such adjustments and disclosures.

|Philadelphia, Pennsylvania
March 24, 2003 |  | /s/ KPMG LLP
|----------------------------------------- |  | ------------

---
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation byreference in the Registration Statements on Form S-1 (No. 333-125060) and Form S-8 (Nos. 333-134542, 333-124969, 333-123816, 333-108009, 333-91072, 333-91070, 333-72194, 333-55520, 333-39928) of Occam Networks, Inc. of our report datedMarch 25, 2005, except for the effects of the reverse stock split discussed in Note 16, as to which the date is March 10, 2006, relating to the financial statements, which appears in this Form 10-K. 

/s/ PRICEWATERHOUSECOOPERS LLP 

Los Angeles, California 

September 15, 2006
EXHIBIT 32.1
**SECTION 1350 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER**
In connection with the Annual Report of The Washington Post Company (the “Company”) on Form 10-Kfor the period ending January 2, 2005 (the “Report”), I, Donald E. Graham, Chief Executive Officer(principal executive officer) of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant 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 theSecurities Exchange Act of 1934; and  (2)  The information contained in the Report fairly presents, in all material aspects,the financial condition and results of operations of the Company.        Date: March 2, 2005 /s/ Donald E. Graham   Donald E. Graham,   Chief Executive Officer
Amendment Number One to 401(k) Plan


 Exhibit 10.1 
  
 AMENDMENT NUMBER ONE 
 TO 
 THE COLONIAL BANCGROUP, INC. 401(K) PLAN 
  
 Pursuant to Article XIII, § 13.1 of The Colonial BancGroup, Inc. 401(k) Plan (the “Plan), the Plan is hereby
amended, effective as provided herein, as follows: 
  
 1.
Article III, Section 3.2—Effective April 1, 2009 the following should be added to the end thereof: 
  
 Notwithstanding anything above to the contrary, effective April 1, 2009, the Participating Company shall suspend making Matching Contributions on all
Before-Tax Contributions and Catch-Up Contributions. 
  
 In
addition, effective April 1, 2009, the Matching Contributions will be discretionary and the rate of the discretionary Matching Contributions shall be determined each year by the Administrative Committee. 
  
 2. All of the other terms, provisions and conditions of the Plan not herein
amended shall remain in full force and effect. 
  
 IN WITNESS WHEREOF, the Company has caused this Amendment Number One to be executed on this
5th day of March, 2009 by its duly authorized officers, effective as provided herein. 
  

			
	THE COLONIAL BANCGROUP, INC.
		
	By:	 	 /s/ Patti G. Hill

		
	 Its:
	 	 Senior Executive Vice President

		
		 	 and Chief Operating Officer



  

			
	ATTEST:
		
	By:	 	 /s/ David B. Byrne, Jr.

		
	 Its:
	 	 Executive Vice President

		
		 	 General Counsel and

		
		 	 Corporate Secretary

	 (SEAL)
Exhibit 10.5

 

EXHIBIT A

 

AMENDMENT TO THE
 SPRINGLEAF FINANCIAL SERVICES EXCESS RETIREMENT INCOME PLAN

 

WHEREAS, Springleaf Finance. Inc. (previously known as American General Finance, Inc.) (the “Company”) established the Springleaf Financial Services Excess Retirement Income Plan (previously known as the American General Finance, Inc. Excess Retirement Income Plan) (the “Plan”) effective January 1, 2011; and

 

WHEREAS, in connection with the freeze of the Qualified Plan (as that term is defined in the Plan), the Company desires to amend the Plan to (1) freeze benefit accruals for  all participants effective as of the close of business, December 31, 2012, and to freeze participation so that no employee not already a participant in the Plan as of the close of business December 31, 2012 shall become a participant in the Plan thereafter; and

 

WHEREAS, pursuant to Article 10 of the Plan, the Board of Directors (the “Board”) is authorized to suspend or terminate the Plan in whole or in part at any time, and from time to time to extend, modify, amend, revise, or terminate the Plan in such respects as the Board may deem advisable, subject to certain limitations not applicable here;

 

NOW, THEREFORE, the Plan is hereby amended as set forth below.

 

1.                              A new Article 12 is added at the end of the Plan to read as follows: 

 

 

“ARTICLE 12

 

PLAN FREEZE

 

12.1              Effective as of the close of business on December 31, 2012 (the “Freeze Date”), no Participant shall accrue any additional benefit under the Plan, notwithstanding the continued service or increased rate of compensation after Freeze Date, nor shall any individual who is not already a Participant become a Participant after the Freeze Date. For purposes of clarity, the intent of this Article 12 is to provide that each Participant’s benefit under the Plan shall be determined as of the Freeze Date, but that no modification is being made to the provisions of the Plan governing the time and manner of distribution of Plan benefits.

 

2.                              In all other regards, the Plan remains in full force and effect without change.”

 

IN WITNESS WHEREOF, the Company has caused this Amendment to be executed this 19 day of Dec, 2012.

 

 

	
ATTEST:
    	
SPRINGLEAF FINANCE, INC.
    
	

    	
By:
#### Curtis Harvey MERCHANT, Plaintiff-Appellant, v. H. LOPEZ, Correctional Food Manager II; et al., Defendants-Appellees.

No. 11-55724.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Jan. 3, 2013.

Curtis Harvey Merchant, Lancaster, CA, pro se.

Susan Eileen Coleman, Esquire, Senior Litigation, Martin Kosla, Burke, Williams *&*Sorensen, LLP, Los Angeles, CA, for Defendants-Appellees.

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

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Curtis Harvey Merchant appeals pro se from the district *701court’s summary judgment in his 42 U.S.C. § 1988 action alleging retaliation in violation of the First Amendment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Jones v. Blanas,*393 F.3d 918, 926 (9th Cir.2004). We affirm.

The district court properly granted summary judgment because Merchant failed to raise a genuine dispute of material fact as to whether defendants’ actions did not reasonably advance a legitimate correctional goal in light of defendant Weitzeil’s stated concern for her safety. *See Pratt v. Rowland,*65 F.3d 802, 806 (9th Cir.1995) (a prisoner plaintiff “bears the burden of pleading and proving the absence of legitimate correctional goals for the conduct of which he complains”); *see also Karam v. City of Burbank,*352 F.3d 1188, 1194 (9th Cir.2003) (speculation as to defendant’s improper motive does not rise to the level of evidence sufficient to raise a triable dispute of fact).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
**SATURNA INVESTMENT TRUST  AMANA MUTUAL FUNDS TRUST**

**Proposed Resolution**

**Resolved**, that the proposed Fidelity Bond coverage under the  Investment Company Blanket Bond of ICI Mutual Insurance Company, to expire on  December 15, 2012, under which the Trust, Saturna Capital Corporation, Saturna  Brokerage Services, Inc. and Amana Mutual Funds Trust are joint insureds, be,  and hereby is, determined to be reasonable in amount in view of all the circumstances  and with consideration including, but not limited to, (i) the number of other  parties named as insureds, (ii) the nature of the business activities of such  other parties, (iii) the amount of the joint insured bond, (iv) the amount of  the premium for such bond, (v) the ratable allocation of the premium among all  parties named as insureds, (vi) the extent to which the share of the premium  allocated to the Trust is less than the premium the Trust would have had to  pay if it had provided and maintained a single insured bond, (vii) the value  of the anticipated aggregate assets of the Trust to which any covered persons  have access; (viii) peer fund coverages; and (ix) the nature of the securities  to be held in the portfolios of the Trust; and be it**Further Resolved**, that the proposed D&O/E&O Insurance  of ICI Mutual Insurance Company, to expire December 15, 2012, under which the  Trust, Saturna Capital Corporation, Saturna Brokerage Services, Inc. and Amana  Mutual Funds Trust are joint insureds, be, and hereby is, determined to be reasonable  and of benefit to the shareowners of the Trust; and be it**Further Resolved**, that pro-rata allocation of the premiums  for the Fidelity Bond and D&O/E&O Insurance provided by ICI Mutual Insurance  Company among each of the portfolios of the Trust is approved; and be it**Further Resolved**, that participation by the Trust in the joint  liability insurance policies is in the best interest of each of the portfolios  of the Trust; and be it**Further Resolved**, that the participation by the Trust in the  joint Fidelity Bond and D&O/E&O Insurance are fair and reasonable pro-rata  to each of the portfolios of the Trust; and be it**Further Resolved**, that the benefits of continuing a joint fidelity  bond from the ICI Mutual Insurance Company, including the opportunity to obtain  stable low-cost insurance coverage from ICI Mutual, justify maintaining reserve  premiums and making commitments for additional payments, including acceptance  of restrictions upon the withdrawal of reserve premiums.**Further Resolved**, that the Secretary of the Trust is appointed  as the officer responsible to file executed fidelity bonds annually as required  by Rule 17g-1(h) of the Investment Company Act, including a copy of the executed  joint insured bond and a resolution by the majority of the disinterested trustees  approving the amount, type, form and coverage of the bond and the portion of  the premium to be paid by each insured company.
**Exhibit 32(a)**

**Certification of CEO Pursuant to**

**18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

This certification is provided pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and accompanies the annual report on Form 10-K (the “Form 10-K”) for the year ended December 31, 2006 of Wendy’s International, Inc. (the “Issuer”).

I, Kerrii B. Anderson, the Chief Executive Officer of Issuer certify that, to the best of my knowledge: 

(i) the Form 10-K fully complies with the requirements of section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m(a) or 78o(d)); and 

(ii) the information contained in the Form 10-K fairly presents, in all material respects, thefinancial condition and results of operations of the Issuer. 

Dated: March 1, 2007 

 

A signed original of this written statement required by Section 906 has been provided to Wendy’sInternational, Inc. and will be retained by Wendy’s International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Shareholder Meeting Results (unaudited)

The Annual Meeting of Shareholders of Churchill Tax-Free
Fund of Kentucky (the "Fund") was held on April 23, 2010.
The holders of shares representing 87% of the total net
asset value of the shares entitled to vote were present
in person or by proxy.  At the meeting, the following
matters were voted upon and approved by the shareholders
(the resulting votes are presented below).

1.     To elect Trustees.

	Dollar Amount of Votes:

	Trustee			For			Withheld
	Thomas A. Christopher	$219,972,271	$1,506,619
	David A. Duffy		$219,595,950	$1,882,929
	Diana P. Herrmann		$220,360,427	$1,118,464
	Theodore T. Mason		$220,077,403	$1,401,487
	Anne J. Mills		$220,149,838	$1,329,052
	John J. Partridge		$220,344,262	$1,134,628
	James R. Ramsey		$217,396,102	$4,082,788
	Laureen L. White		$219,015,178	$2,463,712

2.  To ratify the selection of Tait Weller & Baker, LLP as the
Fund's independent registered accounting firm.


	For			Against		Abstain
	$218,296,977	$1,437,862		$1,744,050
ACCEPTED 12-14-00102-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 5/28/2015 11:56:08 AM

CATHY LUSK CLERK
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 19 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                        March 11, 2003.
Whereas, at the end of the 107th Congress, Representative Richard K. Armey 
        retired after 18 years of distinguished service in the House of 
        Representatives, including service as the Majority Leader for 8 years, 
        the longest tenure of any Republican Majority Leader in 92 years: Now, 
        therefore, be it
    Resolved, That the room numbered H-236 in the House of Representatives wing 
of the Capitol shall be known and designated as the ``Richard K. Armey Room''.
            Attest:

                                                                          Clerk.
```