alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40234 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
PATRICIA CRUZ

- ALVAREZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:12

- CR

- 1229

- 1

Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Patricia Cruz

Alvarez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Cruz

- Alvarez h a s not filed a r esponse. 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

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 17, 2013 Lyle W. Cayce Clerk Case: 13-40234 Document: 00512473670 Page: 1 Date Filed: 12/17/2013No. 13

- 40234

to with draw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-40234 Document: 00512473670 Page: 2 Date Filed: 12/17/2013
exv10w2w2





EXHIBIT 10.2.2



WESTERN REFINING, INC.



AMENDMENT NO. 2 TO

EMPLOYMENT AGREEMENT


               This Amendment No. 1 to Employment Agreement (the “Amendment”) is effective December 31, 2008
(the “Effective Date”) by and between Western Refining GP, LLC (“Western”) and Jeff A. Stevens
(“Executive”) and confirms the following Amendment No. 1 to Employment Agreement:




	 	1.	 	The following paragraph shall be added to the end of the “Change in Control”
definition set forth under Section 1.1:




               Notwithstanding any other provision set forth in the Agreement, for purposes of any amount or
award that is subject to Code Section 409A, a “Change in Control” as defined above will not be
treated as a change in control unless it also is a change in control as defined in the regulations
issued under Code Section 409A.




	 	2.	 	Except as expressly modified by this Amendment, the terms and conditions of the
Agreement remain in full force and effect.




	 	 	 	 	 	 	 
	 	 	WESTERN REFINING GP, LLC	 	 
	 
	 	 	 	 	 	 
	 
	 	By:
	 	/s/ Paul L. Foster
 

	 	 
	 
	 	Name:
	 	Paul L. Foster	 	 
	 
	 	Title:
	 	 Chief Executive Officer	 	 
	 
	 	 	 	 	 	 
	 	 	EXECUTIVE	 	 
	 
	 	 	 	 	 	 
	 
	 	By:
	 	/s/ Jeff A. Stevens
 

	 	 
	 
	 	Name:
	 	Jeff A. Stevens	 	 
	 
	 	Title:
	 	 President and Chief Operating	 	 
	 
	 	 	 	Officer
II 

114TH CONGRESS 

1ST SESSION S. 606 

To extend the right of appeal to the Merit Systems Protection Board to 

certain employees of the United States Postal Service. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 26, 2015 

Mr. TESTER (for himself and Mr. SCHATZ) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To extend the right of appeal to the Merit Systems Protection Board to certain employees of the United States 

Postal Service. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Postal Employee Ap5 peal Rights Amendments Act of 2015’’. 

6 SEC. 2. RIGHT OF APPEAL TO MERIT SYSTEMS PROTEC7 TION BOARD. 

8 Section 1005(a)(4)(A)(ii)(I) of title 39, United States 

9 Code, is amended to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with BILLS
2 

•S 606 IS

1 ‘‘(I) is an officer or employee of the Postal 

2 Service who— 

3 ‘‘(aa) is not represented by a bar4 gaining representative recognized under 

5 section 1203; and 

6 ‘‘(bb) is in a supervisory, professional, 

7 technical, clerical, administrative, or mana8 gerial position covered by the Executive 

9 and Administrative Schedule; and’’. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE JOHN
NUVEEN COMPANY'S FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           8,278
<SECURITIES>                                    52,324
<RECEIVABLES>                                   81,921
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               193,123
<PP&E>                                          45,443
<DEPRECIATION>                                (33,481)
<TOTAL-ASSETS>                                 501,822
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                           45,000
<PREFERRED>                                          0
<COMMON>                                           387
<OTHER-SE>                                     336,020
<TOTAL-LIABILITY-AND-EQUITY>                   501,822
<SALES>                                              0
<TOTAL-REVENUES>                               259,377
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               139,552
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,250
<INCOME-PRETAX>                                117,575
<INCOME-TAX>                                    46,142
<INCOME-CONTINUING>                             71,433
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    71,433
<EPS-BASIC>                                       2.22
<EPS-DILUTED>                                     2.09


</TABLE>
#### SPENCER v. COWEN et al.

(Circuit Court of Appeals, Sixth Circuit.

May 6, 1903.)

No. 1,080.

Appeal from the Circuit Court of the United States for the Eastern District of Kentucky.

Kittridge & Wilby, for appellant. Judson Harmon, Harlan Cleveland, Charles H. Stephens, and Thomas B. Paxton, for appellees.

Dismissed.
II 

114TH CONGRESS 

1ST SESSION S. 552 

To amend the Small Business Investment Act of 1958 to provide for increased 

limitations on leverage for multiple licenses under common control. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2015 

Mr. RISCH (for himself, Mr. CARDIN, Ms. AYOTTE, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship 

A BILL 

To amend the Small Business Investment Act of 1958 to 

provide for increased limitations on leverage for multiple 

licenses under common control. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Invest5 ment Capital Company Act of 2015’’. 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 552 IS

1 SEC. 2. INCREASED LIMITATIONS ON LEVERAGE FOR MUL2 TIPLE LICENSES UNDER COMMON CONTROL. 

3 Section 303(b)(2) of the Small Business Investment 

4 Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by 

5 striking ‘‘$225,000,000’’ and inserting ‘‘$350,000,000’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
EXHIBIT 21.1

NATIONAL TECHNICAL SYSTEMS, INC.        LIST OF SUBSIDIARIES

NTS, TECHNICAL SYSTEMS, A CALIFORNIA CORP.
(FORMERLY NATIONAL TECHNICAL SYSTEMS, A CALIFORNIA CORP.)

ACTON ENVIRONMENTAL TESTING CORPORATION, A MASSACHUSETTS CORP.

APPROVED ENGINEERING TESTING LABORATORIES, INC., A CALIFORNIA CORP.

ETCR INC., A CALIFORNIA CORP.

XXCAL, INC., A CALIFORNIA CORP.

NATIONAL QUALITY ASSURANCE, INC., A MASSACHUSETTS CORP. (50% OWNED)

NTS EUROPE, GMBH

AETL TESTING, INC. DBA NTS CALGARY

PHASE SEVEN LABORATORIES, A CALIFORNIA CORP.

UNITED STATES TEST LABORATORY, LLC.

ELLIOTT LABORATORIES, LLC

---



QuickLinks
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-7186

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

BENNY FULLER,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. G. Ross Anderson, Jr., District

Judge. (CR-99-190; CA-05-1513-6-GRA)

Submitted: September 27, 2005 Decided: October 4, 2005

Before LUTTIG, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Benny Fuller, Appellant Pro Se. David Calhoun Stephens, Assistant

United States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Benny Fuller, a federal prisoner, seeks to appeal the

district court’s order dismissing his motion filed under 28 U.S.C.

§ 2255 (2000) as time-barred under the Antiterrorism and Effective

Death Penalty Act of 1996. An appeal may not be taken from the

final order in a § 2255 proceeding unless a circuit justice or

judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

for claims addressed by a district court absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find both that the

district court’s assessment of his constitutional claims is

debatable or wrong and that any dispositive procedural rulings by

the district court are also debatable or wrong. See Miller-El v.

Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed the record and conclude that Fuller

has not made the requisite showing. Accordingly, we deny a

certificate of appealability and dismiss the appeal. We dispense

with oral argument because the facts and legal contentions are
- 3 -

adequately presented in the materials before the court and argument

would not aid the decisional process. 

DISMISSED
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT KIMO S. DAVID, ) ) Appellant, ) ) v. ) Case No. 2D18-5105 ) DEPARTMENT OF REVENUE, o/b/o ) JANICE DAVID-CROUCH, ) ) Appellee. ) ___________________________________) Opinion filed June 26, 2019. Appeal from the Circuit Court for Hillsborough County; Chet Tharpe, Judge. Kimo S. David, pro se. Ashley Moody, Attorney General, and Toni C. Bernstein, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed. See Fla. R. App. P. 9.315(a).

NORTHCUTT, MORRIS, and ATKINSON, JJ., Concur.
##### 



EXHIBIT 31.1
 CEO CERTIFICATION
PURSUANT TO SECTION 302 OF THE
SARBANES  OXLEY ACT OF 2002
      a)
    
    designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our supervision,
to ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;b)
    
    evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; andc)
    
    disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the case
of an annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and
  a)
    
    all significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; andb)
    
    any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants internal
control over financial reporting.
  CINEMARK USA, INC.By:
    
    /s/Lee Roy MitchellLee Roy MitchellChief Executive Officer
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 Quarterly Report of Arizona Gold and Onyx Mining Company f/k/a Viking Capital Group, Inc. (the “Company”)
on Form 10-Q for the quarter ended March 31, 2009 as filed with the Securities and Exchange Commission (the “Report”),
I, Michael Mitsunage, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to
SS. 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 result of operations
of the Company.



May 8, 2018



| | /s/
    Michael Mitsunage                  
| | -------------------------------------------
| | Michael
    Mitsunage                      
| | (Chief
    Executive Officer and President)



A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise
adopting the signature that appears in typed form within the electronic version of this written statement has been provided to
the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    EXHIBIT 32.2

THE FOLLOWING STATEMENT IS BEING MADE TO THE SECURITIES AND EXCHANGE COMMISSION
SOLELY FOR PURPOSES OF SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C.
1350), WHICH CARRIES WITH IT CERTAIN CRIMINAL PENALTIES IN THE EVENT OF A
KNOWING OR WILLFUL MISREPRESENTATION.

Securities and Exchange Commission
450 Fifth Street, NW
Washington, DC 20549

      Re: Nuveen Investments, Inc.

Ladies and Gentlemen:

      In connection with the Quarterly Report on Form 10-Q for the period ending
March 31, 2004, as filed with the Securities and Exchange Commission (the
"Report") of Nuveen Investments, Inc. (the "Company") and pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned hereby certifies that:

            (i)   the Report fully complies with the requirements of section
      13(a) or 15(d) of the Securities Exchange Act of 1934; and

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


Dated as of this 10th day of May 2004.

                                                 /s/ JOHN P. AMBOIAN
                                                 -------------------------------
                                                 John P. Amboian
                                                 President
#### The People of the State of New York, Respondent, v Diamond P. Bussey, Appellant.

[853 NYS2d 518]

Present—Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT


This First Amendment to Employment Agreement (this “Amendment”), dated as of December 18, 2008, is entered into by and between Mannatech, Incorporated (the “Company”) and Stephen D. Fenstermacher (“Employee”).


RECITALS


This Amendment amends that certain Employment Agreement, effective as of October 5, 2007, by and between the Company and Employee (the “Employment Agreement”).


STATEMENT OF AGREEMENT


NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:


1.         The first sentence of Section 1.2 of the Employment Agreement is hereby amended and restated in its entirety to read as follows:


“The Employee shall serve as Executive President Global Chief Financial Officer of the Company, with the authority, duties and responsibilities described herein and those customarily incident to such office.”


2.         This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.


3.         This Amendment and the Employment Agreement and the documents referred to herein and therein constitute the entire agreement among the parties and supersede in all respects any other agreement or understanding among the parties.  No party shall be liable or bound to any other party in any manner by any warranties, representations, or covenants except as specifically set forth herein or therein.


4.         In case any one or more of the provisions contained in this Amendment should be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.


5.         This Amendment shall be governed by, and enforced and construed under, the laws of the State of Texas.


[SIGNATURE PAGE FOLLOWS]


 


       

       

       



IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.


COMPANY:


MANNATECH, INCORPORATED


 


By:________________________________





	
             
 	
            Wayne Badovinus
 









	
             
 	
            President and Chief Executive Officer
 





 


EMPLOYEE:


 


 


___________________________________


Stephen D. Fenstermacher
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

_________________________________________ Clerk July 24, 2012

p0716 

# Order

July 24, 2012

144862

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 14 4862

COA: 300190

Ingham CC: 09

- 001015

- FC

MARIANO GUTIERREZ,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 7, 2012

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
EXHIBIT 32.1



                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of IntegraMed America, Inc. (the
     "Company") on Form 10-Q for the period ended June 30, 2007 as filed with
     the Securities and Exchange Commission on the date hereof (the "Report"),
     I, Jay Higham, Chief Executive Officer of the Company, certify, pursuant to
     18 U.S.C. /s/ 1350, as adopted pursuant to section 906 of the
     Sarbanes-Oxley Act of 2002, that to my knowledge:

          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/Jay Higham
                                   --------------------------
                                   Jay Higham
                                   Chief Executive Officer
                                   August 10, 2007
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 354 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 354

Encouraging nonprofit organizations to increase the number of women and 
   minorities on their governing boards and encouraging Americans to 
enrich their lives and serve their communities by volunteering to serve 
          on the governing boards of nonprofit organizations.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2003

Ms. Eddie Bernice Johnson of Texas submitted the following resolution; 
        which was referred to the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
Encouraging nonprofit organizations to increase the number of women and 
   minorities on their governing boards and encouraging Americans to 
enrich their lives and serve their communities by volunteering to serve 
          on the governing boards of nonprofit organizations.

    Resolved, That the House of Representatives encourages nonprofit 
organizations to increase the number of women and minorities on their 
governing boards and encourages Americans to enrich their lives and 
serve their communities by volunteering to serve on the governing 
boards of nonprofit organizations.
                                 <all>
```