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should not be published and is not precedent except under the limited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. 08-50149

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ADRIAN OMAR PRECIADO-GINER

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:07-CR-2233-ALL

Before DAVIS, WIENER, and PRADO, Circuit Judges.

PER CURIAM:*

Adrian Omar Preciado-Giner (Preciado) appeals his sentence of 46 months

of imprisonment for conspiring to possess, and possessing with intent to

distribute, more than 100 kilograms of marijuana. He argues that the district

court erred by declining his request for a minor role adjustment pursuant to

U.S.S.G. § 3B1.2(b) because he acted only as a courier for the drugs at issue.

Whether a defendant is a minor participant in a drug offense is a factual

United States Court of Appeals

Fifth Circuit

F I L E D

December 10, 2008

Charles R. Fulbruge III

Clerk
No. 08-50149

2

determination reviewed for clear error. United States v. Villanueva, 408 F.3d

193, 203 (5th Cir. 2005). “A factual finding is not clearly erroneous if it is

plausible in light of the record read as a whole.” Id.

An adjustmentfor a minor role applies to a defendant“who is less culpable

than most other participants, but whose role could not be described as minimal.”

§ 3B1.2, comment. (n.5). To be eligible for a minor role adjustment, a defendant

“must have been peripheral to the advancement of the illicit activity.” United

States v. Miranda, 248 F.3d 434, 447 (5th Cir. 2001). The burden is on the

defendantto establish his entitlementto the reduction by a preponderance ofthe

evidence. Burton v. United States, 237 F.3d 490, 503 (5th Cir. 2000).

A defendant’s role in the offense “turns upon culpability, not courier

status.” United States v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989).

Consequently, drug couriers are not necessarily eligible for a reduction of their

offense level under § 3B1.2. United States v. Edwards, 65 F.3d 430, 434 (5th Cir.

1995). To the contrary, couriers are often “an indispensable part of drug dealing

networks. Without somebody to take the drugs across the border, the drugs will

never reach their illicit market.” Buenrostro, 868 F.2d at 138.

In denying Preciado a minor role adjustment, the district court observed

that Preciado was arrested while transporting from Mexico to Memphis,

Tennessee, an “exorbitant” amount of marijuana (474.9 kilograms) with a

market value of $834,000. The district court did not clearly err in denying

Preciado a minor role adjustment. See United States v. Gallegos, 868 F.2d 711,

712-13 (5th Cir. 1989).

AFFIRMED.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2531 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2531

     To amend title 44, United States Code, to repeal the National 
Historical Publications and Records Commission, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2011

 Mr. Chaffetz introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
Committee on Appropriations, 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 title 44, United States Code, to repeal the National 
Historical Publications and Records Commission, and for other purposes.

    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 ``Stop Wasting Archive Grants Act of 
2011''.

SEC. 2. REPEAL OF NATIONAL HISTORICAL PUBLICATIONS AND RECORDS 
              COMMISSION.

    (a) Repeal.--Chapter 25 of title 44, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is repealed.

SEC. 3. RESCISSION OF UNOBLIGATED FUNDS.

    The unobligated balance of funds made available to the National 
Historical Publications and Records Commission, including amounts made 
available by section 1561 of Public Law 112-10 (125 Stat. 137), is 
rescinded.
                                 <all>
```
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________

No. 1D17-0677

_____________________________ J ERMAINE R. R EED , Appellant,
v. S TATE OF F LORIDA , Appellee.

_____________________________ On appeal from the Circuit Court for Duval County. Waddell A. Wallace, Judge. January 26, 2018
P ER C URIAM . A FFIRMED . B.L. T HOMAS , C.J., and W OLF and R AY , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________2

Jermaine R. Reed, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.
#### Delphi Restoration Corporation et al., Respondents, v Sunshine Restoration Corporation, Defendant, and Utica First Insurance Company, Appellant.

Submitted February 4, 2008;

decided March 18, 2008

Motion for reargument of motion for leave to appeal denied *[see*9 NY3d 1002 (2007)].
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2510 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2510

 To amend title XVIII of the Social Security Act to provide for timely 
            access to post-mastectomy items under Medicare.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2011

Ms. Sutton (for herself, Mr. Fitzpatrick, and Mr. Gene Green of Texas) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Ways and 
 Means, 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 title XVIII of the Social Security Act to provide for timely 
            access to post-mastectomy items under Medicare.

    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 ``Breast Cancer Recovery Improvement 
Act''.

SEC. 2. TIMELY ACCESS TO POST-MASTECTOMY ITEMS.

    (a) In General.--Section 1834(h)(1) of the Social Security Act (42 
U.S.C. 1395m) is amended--
            (1) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (2) by inserting after subparagraph (G) the following new 
        subparagraph:
                    ``(H) Special payment rule for post-mastectomy 
                external breast prosthesis garments.--Payment for post-
                mastectomy external breast prosthesis garments shall be 
                made regardless of whether such items are supplied to 
                the beneficiary prior to or after the mastectomy 
                procedure or other breast cancer surgical procedure. 
                The Secretary shall develop policies to ensure 
                appropriate beneficiary access and utilization 
                safeguards for such items supplied to a beneficiary 
                prior to the mastectomy or other breast cancer surgical 
                procedure.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as of the date of the enactment of this Act.
                                 <all>
```
#### Bensam Swakeen, Appellant, v New York City Health and Hospitals Corporation, Respondent.

Submitted November 13, 2007;

decided February 7, 2008

*733Motion for reargument of motion for leave to appeal denied *[see*9 NY3d 809 (2007)].
#### Muntz and others *v.*A Raft of Timber.*

*(Circuit Court, E. D. Louisiana.*

January, 1883.)

Jurisdiction— Raft—Salvage.

In a case where a raft is adrift in a fog on the Mississippi river, in peril of loss and great damage to itself.' and to oilier property, where the persons on the raft in charge called for assistance, and services of a maritime character were rendered, and the court entertained and maintained jurisdiction of a libel for salvage, its decision need not be taken as holding that a raft is a vehicle of navigation, or can commit a maritime tort.

*Tome*v. *Four Cribs Lumber,*Taney, 536, distinguished.

In Admiralty. On petition for a rehearing.

*R. King Cutler,*for-libelant.

*E. Warren,*for claimants.

*

 Reported by Joseph P. Horuor, Esq., of the New Orleans bar.

Pardee, J.

A rehearing is applied for on the authority of *Gastrel v. Cypress Raft,*2 Woods, 213; *Jones*v. *Coal Barges,*3 Wall. Jr. 53; *Tome*v. *Four Cribs Lumber,*Taney, 536. The case in Woods’ Reports was a claim made for the ownership of logs cut by trespassers on lands in Mississippi, and incorporated with other logs in the raft in controversy. The case in Wallace, Jr., was one of collision between two barges. Neither of these cases touches the question before the court. The case in Taney, while it may declare the doctrine claimed by claimants’ proctor in this case, seems to have been decided more upon the merits than upon the jurisdiction of the court. The court says, however:

> “ Tlie result of this opinion is that rafts anchored in the stream, although it may be a public navigable river, are not the subject-matter of admiralty jurisdiction in cases where the right of property or possession is alone concerned.”

It is not necessary to dispute this conclusion or any other in the Taney case, in order to maintain jurisdiction in this case.. Instead of a raft anchored, or one afloat, according to the usage of the trade, this case showed a raft adrift in a fog, in peril of loss and great dam. age to itself and to other property, where the persons on the raft and in charge called for assistance, and services of a maritime character were rendered. The decision in this case need not be taken as holding that a raft is a vehicle of navigation, or can commit a maritime ort, or as being subject to any other obligations and responsibilities han a bale of cotton would be subject to under the same circumstances.

The petition for rehearing is refused.
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



The undersigned executive officer of Black Rock Petroleum Company certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

•

the annual report on Form 10-K/A of the Company for the year ended April 30, 2016, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



•

the information contained in the Form 10-K/A fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                          |                                                                                      
|------------------------- | -------------------------------------------------------------------------------------
|Date:  September 12, 2018 | /s/Zoltan Nagy
Zoltan Nagy
Chief Executive Officer, Chief Financial Officer, Director
fs10211ex10ii_snap.htm


Exhibit 10.2


 


AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT


DATED DECEMBER 13, 2006







This agreement shall serve as a second amendment to the Employment Agreement dated December 13, 2006 between Snap Interactive, Inc. (formerly known as Etwine Holdings, Inc.) (“the Company”), a Delaware Corporation at 366 North Broadway, Suite 41042, Jericho, NY 11753, and Clifford Lerner, (“Employee”) c/o Snap Interactive, Inc., 366 North Broadway, Suite 41042, Jericho, NY 11753.







IN CONSIDERATION of the mutual covenants contained in this Amendment to the Employment Agreement, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Company and the Employee agree as follows:










	
1.  

	
Term:  The term of the Agreement shall be extended though December 1, 2008.







 



	
2.  

	
Compensation: Employee shall receive a salary of $160,000 per year commencing January 1, 2008.  In addition, the Employee shall be eligible for additional compensation in the form of raises and bonuses as to be determined by the sole discretion of the Board of Directors of the Company.












IN WITNESS WHEREOF, this Amendment has been executed as of the date and year first above written.


 




	 	 	 	The “Company”	 
	 	 	 	 	 
	

Attest:

	
 

	
 

	

Snap Interactive, Inc.

	 
	 	 	 	 	 
	 	 	 	/s/Clifford Lerner	 
	 	Secretary	 	Name:  Clifford Lerner	 
	 	 	 	Title: President and Chief Executive Officer	 
	 	 	 	 	 
	 	 	 	The “Employee”	 
	 	 	 	 	 
	 	 	 	/s/Clifford Lerner	 
	 	Witness 	 	Clifford Lerner
| (logo) WELLS            FARGO | Commercial Mortgage Servicing

D1086-120, 12th Floor

55 0 South Tryon Street

Charlotte, NC 28202

1-800-326-1334 |
|---------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------|

 

 

**A****NNUAL STATEMENT OF COMPLIANCE**

 

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of June 1, 2013, by and among Wells Fargo Commercial Mortgage Securities Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer,, RIALTO CAPITAL ADVISORS, LLC, as Special Service r, PENTALPHA SURVEILLANCE LLC, as Trust Advisor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, as Tax Administrator and as Custodian, and U.S. BANK NATIONAL ASSOCIATION, as Trustee, with respect to Commercial Mortgage Pass-Through Certificates WFRBS Series 2013- C14 (the "Agreement"). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section 11.12 of this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:

 

1.             A review of the activities of the Servicer during the period from January 1, 2014 through December 31, 2014 (the “Reporting Period”), and of its performance per the Agreement during such period has been made under my supervision, and

 

2.             To the best of my knowledge, based on such review, the Servicer, has fulfilled all of its obligations under this Agreement in all material respects throughout the Reporting Period.

 

 

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 6th day of March 2015.

 

 

 

 

/s/  Daniel Bober            

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

 
| Wells Fargo Bank, N.A. | (logo) Together we’ll go far |
|------------------------|------------------------------------|
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          21,121
<SECURITIES>                                     5,502
<RECEIVABLES>                                   22,201
<ALLOWANCES>                                   (1,018)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                51,526
<PP&E>                                          12,904
<DEPRECIATION>                                 (3,052)
<TOTAL-ASSETS>                                  83,053
<CURRENT-LIABILITIES>                           26,289
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        64,067
<OTHER-SE>                                     (9,571)
<TOTAL-LIABILITY-AND-EQUITY>                    83,053
<SALES>                                         14,341
<TOTAL-REVENUES>                                23,184
<CGS>                                            5,207
<TOTAL-COSTS>                                   18,311
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  57
<INCOME-PRETAX>                                  (379)
<INCOME-TAX>                                       108
<INCOME-CONTINUING>                              (487)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (487)
<EPS-BASIC>                                     (0.01)
<EPS-DILUTED>                                   (0.01)


</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§

ANTONIO JAMAAL MORRIS, No. 08

- 1 9

- 00 0 2 2

- CR

A ppellant, § Appeal from the

v

. 297th District Court

THE STATE OF TEXAS, §

A ppellee. of Tarrant County, Texas

§

(TC# 132513 3 D )

§

MEMORANDUM OPINION

Appellant, Antonio Jamaal Mo r ris

, has filed a motion to dismiss h is appeal pursuant to

Rule 42.2. This rule permits an appellate court to dismiss a criminal appeal on the appellant ’ s

moti on at any time before the court’ s decision. T EX .R.A PP .P. 42.2(a). Finding that Appellant ’ s

motion complies with the requirements of Rule 42.2(a), we grant the motion and dismiss the

appeal.

GINA M. PALAFOX, Justice

May 24, 2019

Before McClure, C.J., Rodriguez, and Palafox, JJ.

(Do Not Publish)
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2518 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2518

   To extend for 5 years the authorization of appropriations for the 
  sickle cell disease prevention and treatment demonstration program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2011

  Mr. Davis of Illinois (for himself and Mr. Shimkus) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
   To extend for 5 years the authorization of appropriations for the 
  sickle cell disease prevention and treatment demonstration program.

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

SECTION 1. 5-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR THE 
              SICKLE CELL DISEASE PREVENTION AND TREATMENT 
              DEMONSTRATION PROGRAM.

    Section 712(c)(6) of the American Jobs Creation Act of 2004 (Public 
Law 108-357; 42 U.S.C. 300b-1 note) is amended by striking ``each of 
fiscal years 2005 through 2009'' and inserting ``each of fiscal years 
2013 through 2017''.
                                 <all>
```
exhibit10_2.htm


EXHIBIT 10.2


 




 


ALLONGE TO CONVERTIBLE PROMISSORY NOTE












THIS ALLONGE TO CONVERTIBLE PROMISSORY NOTE (this “Allonge”) is made this 22nd day of December 2011, by and between Entech Solar, Inc., a Delaware corporation (the “Company”), and The Quercus Trust (the “Holder”).  Capitalized terms used in this Allonge, but not defined herein, shall have the meanings given to them in the Note (as defined below).







EXPLANATORY STATEMENTS







 


WHEREAS, the Company made and delivered to the Holder, a Convertible Promissory Note, dated November 26, 2011, in the principal sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) (the “Note”); and


 


WHEREAS, the Company and the Holder desire to amend the Note to increase the price at which the unpaid principal balance of the Note is convertible into shares of Common Stock.


 


NOW, THEREFORE, IN CONSIDERATION of the mutual entry into this Allonge by the parties hereto, and for other good and valuable consideration, the receipt and adequacy of which are acknowledged by each party, the Note shall be amended as follows:


 


1.  Amendment of Note.  Effective December 22, 2011, the reference to “$0.05” in Section 2(a)(B) of the Note shall be deleted and replaced with “$0.08”.


 


2.  Attachment of Allonge to Note.  This Allonge (a) is being physically attached to the Note simultaneously with the entry into this Allonge by the parties hereto, to evidence the modification of the provisions of the Note effected hereby, and (b) shall, upon such attachment, be deemed to be a part of the Note, as fully and completely as if its provisions were set forth at length in the body of the Note.


 


[Remainder of page intentionally blank.]


 







 






  





  











  








IN WITNESS WHEREOF, the parties have caused this Allonge to Convertible Promissory Note to be executed by their respective officers thereunto duly authorized effective as of the date first above written.


 


 




 


 





	 	COMPANY:
	 	 
	 	ENTECH SOLAR, INC.
	 	
 


 


	 	By:    	/s/ Shelley Hollingsworth
	 	Name:    	Shelley Hollingsworth
	 	Title:    	Chief Financial Officer
	 	
 


 

	 
	 	Address:	
13301 Park Vista Blvd., Suite 100


	 	 	Fort Worth, Texas 76177





 


 


 


 


 


 


 



	
HOLDER:

	 
	 	 
	THE QUERCUS TRUST	 
	 	 	
 


 


	By: 	/s/ David Gelbaum	 
	Name: 	David Gelbaum   	 
	Title: 	Trustee   	 
	 	 	 
	 	 	 
	Address:	
1835 Newport Blvd.

	 
	 	A109 - PMB 467	 
	 	Costa Mesa, California 92627