alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Analiza BACANI, Defendant—Appellant.

No. 06-10452.

United States Court of Appeals, Ninth Circuit.

Submitted March 18, 2008.*

Filed June 10, 2008.

Office of the U.S. Attorney, Honolulu, HI, for Plaintiff-Appellee.

Glenn D. Choy, Esq., Law Office of Glenn D. Choy, Honolulu, HI, for Defendant-Appellant.

Before: CANBY, T.G. NELSON, and BEA, Circuit Judges.

*

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

AMENDED MEMORANDUM **

Analiza Bacani appeals from the district court’s decision, following a limited remand under *United States v. Ameline,*409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), that it would not have imposed a different sentence had it known that the Sentencing Guidelines were advisory. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Bacani contends that, at her original sentencing, the district court abused its discretion and violated her right to due process when it determined that her involvement in a prior methamphetamine transaction constituted relevant conduct pursuant to U.S.S.G. § 1B1.3. Bacani did not raise this contention in her original appeal, and therefore it is unreviewable. *See United States v. Thornton,*511 F.3d 1221, 1228-29 (9th Cir.2008); *United States v. Combs,*470 F.3d 1294, 1297 (9th Cir.2006).

Bacani also contends that the district court violated her Sixth Amendment rights by enhancing her sentence based on its own factual determination of two material sentencing facts. We decline to address this contention in light of our previous remand pursuant to *United States v. Ameline,*409 F.3d at 1084-85. *See United States v. Bacani,*No. 04-10288 (9th Cir.Feb.24, 2006) (unpublished order). To the extent that Bacani contends that the district court erred by declining to resentence her upon remand, that contention is unreviewable. *See Combs,*470 F.3d at 1296-97.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 10.1

 

Description of 2011 Cash Bonus Arrangements for Named Executive Officers

 

·                  Each named executive may receive a cash bonus for 2011 based on a percentage of that executive’s base salary as in effect at the time of the determination of the bonus.

 

·                  One half of the bonus percentage will be determined by the Company’s overall financial performance, as measured by the Company’s fully diluted earnings per share for fiscal year 2011.

 

·                  One half of the bonus percentage will be determined by the executive’s individual performance, as measured by factors the Compensation Committee may deem appropriate.

 

·                  The aggregate target bonus for our chief executive officer will be 100% of his base salary.

 

·                  The aggregate maximum bonus for our chief executive officer will be 200% of his base salary.

 

·                  The aggregate target bonus for our chief financial officer will be 65% of his base salary.

 

·                  The aggregate maximum bonus for our chief financial officer will be 130% of his base salary.

 

·                  The overall maximum bonus percentages also may be increased or reduced based on the Company’s financial performance.
I 

112TH CONGRESS 

1ST SESSION H. R. 2745 

To amend the Mesquite Lands Act of 1986 to facilitate implementation 

of a multispecies habitat conservation plan for the Virgin River in Clark 

County, Nevada. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2011 

Mr. HECK introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To amend the Mesquite Lands Act of 1986 to facilitate 

implementation of a multispecies habitat conservation 

plan for the Virgin River in Clark County, Nevada. 

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

3 SECTION 1. AMENDMENT TO THE MESQUITE LANDS ACT OF 

4 1986. 

5 Section 3 of Public Law 99–548 (commonly known 

6 as the ‘‘Mesquite Lands Act of 1986’’) is amended— 

7 (1) in subsection (d)(3)(B), by inserting ‘‘and 

8 implementation’’ after ‘‘development’’; 

9 (2) in subsection (e)— 


jlentini on DSK4TPTVN1PROD with BILLS
2 

•HR 2745 IH

1 (A) in paragraph (1)(A), by striking ‘‘For 

2 a period of 12 years after the date of the enact3 ment of this Act,’’ and inserting ‘‘Until Novem4 ber 29, 2020,’’; 

5 (B) in paragraph (3), by striking ‘‘Not 

6 later than 10 years after the date of the enact7 ment of this subsection,’’ and inserting ‘‘Not 

8 later than November 29, 2019,’’; and 

9 (C) in paragraph (5), by striking ‘‘the date 

10 that is 12 years after the date of the enactment 

11 of this subsection,’’ and inserting ‘‘the date 

12 specified in paragraph (1)(A),’’; and 

13 (3) in subsection (f)(3), by striking ‘‘until the 

14 date that is 12 years after the date of the enactment 

15 of this subsection,’’ and inserting ‘‘until November 

16 29, 2020,’’. 

Æ 


jlentini on DSK4TPTVN1PROD with BILLS
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

D.L., the mother,

Appellant,

v.

DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

No. 4D19-2996 

[January 7, 2020]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Alberto Ribas, Jr., Judge; L.T. Case No. 17-5072DP.

Lori D. Shelby, Fort Lauderdale, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Carolyn Schwarz, 

Assistant Attorney General, West Palm Beach, for appellee.

Morgan Lyle Weinstein of Weinstein Law, P.A., Fort Lauderdale, and 

Thomasina F. Moore, Statewide Director of Appeals of Statewide Guardian 

ad Litem Office, Tallahassee, on behalf of A.L., the child. 

PER CURIAM.

Affirmed.

LEVINE, C.J., MAY and GERBER, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
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 Diner's Acquisition  Corporation (the
"Company")  on Form 10-QSB for the quarter  ended  September  30, 2006, as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Frank Holdraker,  certify to the best of my knowledge,  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 result of  operations of the
Company.


/s/ Frank Holdraker
---------------------------
Frank Holdraker, Chairman
November 20, 2006
EXHIBIT 99.4

# Certification of Chief
Financial Officer 
Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 
(18 U.S.C. Section 1350), furnished under Exhibit 32 of Item 601 of Regulation S-K

Pursuant to 18 U.S.C. Section 1350,
as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer CNET
Networks, Inc. (CNET) hereby certifies that:

| | 1. | the Quarterly Report on Form 10-Q of CNET for the quarterly period ended June
               30, 2003 as filed with the Securities and Exchange Commission on August 5, 2003
               (the Report) fully complies with the requirements of Section 13(a) or Section
               15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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

| |  | Dated: August 5, 2003BY: /S/ Douglas N. Woodrum 
Douglas N. WoodrumExecutive Vice President and Chief Financial Officer
| |  | -------------------------------------------------------------------------------------------------------------------------------------

The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is not
being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended,
and is not to be incorporated by reference to any filing of CNET, whether made before or
after the date hereof, regardless of any general incorporation language in such filing.

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 required by Section 906, has been provided to CNET and will be
retained by CNET and furnished to the Securities and Exchange Commission or its staff upon
request.
Exhibit 32.1


                           CERTIFICATIONS 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 Protein Polymer Technologies, Inc. (the
"Company") on Form 10-KSB/A for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certifies, 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 result of operations of the Company.


/s/ J. Thomas Parmeter
--------------------------------------------
J. Thomas Parmeter
Chairman of the Board and Chief Executive Officer
March 30, 2005




In connection with the Annual Report of Protein Polymer Technologies, Inc. (the
"Company") on Form 10-KSB/A for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certifies, 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 result of operations of the Company.


/s/ Janis Y. Neves
--------------------------------------------
Janis Y. Neves
Director of Finance and Secretary
March 30, 2005
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-START>                             JAN-04-1998
<PERIOD-END>                               APR-04-1998<F1>
<CASH>                                          18,203
<SECURITIES>                                         0
<RECEIVABLES>                                   25,281
<ALLOWANCES>                                         0
<INVENTORY>                                     36,812
<CURRENT-ASSETS>                                80,881
<PP&E>                                          72,771
<DEPRECIATION>                                  14,495
<TOTAL-ASSETS>                                 251,159
<CURRENT-LIABILITIES>                           47,754
<BONDS>                                        155,994
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,000
<OTHER-SE>                                      11,743
<TOTAL-LIABILITY-AND-EQUITY>                   251,159
<SALES>                                         60,418
<TOTAL-REVENUES>                                60,418
<CGS>                                           45,215
<TOTAL-COSTS>                                   45,215
<OTHER-EXPENSES>                                 4,425
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,508
<INCOME-PRETAX>                                  6,270
<INCOME-TAX>                                     2,550
<INCOME-CONTINUING>                              4,791
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,791
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>THE RESULTS OF OPERATIONS FOR THE THREE MONTHS ENDED APRIL 4, 1998 REPRESENT
THE RESULTS OF CLARK-SCHWEBEL HOLDINGS, INC. ("COMPANY") FOR THE PERIOD OF
JANUARY 4, 1998 THROUGH APRIL 4, 1998 (SUCCESSOR COMPANY). A CHANGE IN
OWNERSHIP RESULTED FROM A LEVERAGED BUYOUT ON APRIL 17, 1996, AND THE
TRANSACTION RESULTED IN A NEW BASIS OF ACCOUNTING FOR THE COMPANY. THEREFORE,
THE RESULTS OF OPERATIONS FOR THE THREE MONTHS ENDED APRIL 4, 1998 ARE NOT
FULLY COMPARABLE TO PRECEDING REPORTING PERIODS. THIS SCHEDULE CONTAINS SUMMARY
FINANCIAL INFORMATION FROM THE COMPANY'S FINANCIAL STATEMENTS AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</FN>
        

</TABLE>
[954 NYS2d 400]

#### 530 Second Street Co., L.P., Respondent, v Miryam Alirkan, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts,

August 31, 2012

*53APPEARANCES *OF*COUNSEL

*Collins, Dobkin & Miller, LLP,*New York City (W. *Miller Hall*of counsel), for appellant. *Rappaport, Hertz, Cherson & Rosenthal, PC.,*Forest Hills *(David I. Paul*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the entry of a final judgment dismissing the petition.

Landlord commenced this summary proceeding pursuant to RPAPL 713 (11), alleging that the subject apartment was exempt from rent stabilization because it had been used as an apartment for the building superintendent or an employee, that occupant was landlord’s former employee, and that the “rent level reflected this employment.” After a nonjury trial, the Civil Court, noting, among other things, that, on some of the leases relied on by occupant, landlord’s agent’s signature had been rubber-stamped, ruled that occupant had failed to establish her defense that she was a rent-stabilized tenant and awarded landlord a final judgment of possession. We reverse.

Rent Stabilization Code (9 NYCRR) § 2520.11 (m) exempts from rent stabilization

> “housing accommodations occupied by domestic servants, superintendents, caretakers, managers or other employees to whom the space is provided as part or all their compensation *without payment of rent*and who are employed for the purpose of rendering services in connection with the premises of which the housing accommodation is a part” (emphasis added).

Here, the petition implicitly admits, and tenant’s undisputed testimony established, that she had paid rent. Moreover, at trial, tenant introduced a copy of at least one lease, for the 1990-1992 period, which was hand-signed by landlord’s agent in several places, which fixed the monthly rent at $421.60. In these *54circumstances, the preponderance of the proof established that, contrary to landlord’s claim, the apartment was not exempt from rent stabilization. Thus, occupant is entitled to a renewal lease *(see e.g. Matter of 323 Marine Ave., LLC,*DHCR Admin Review docket No. SG210026RO [Nov. 23, 2004]; *Matter of Hill,*DHCR Admin Review docket No. QJ210139RT [Jan. 7, 2003]; *Matter of Melendez,*DHCR Admin Review docket No. OF210088RT [July 20, 2001]).

Accordingly, the final judgment is reversed and the matter remitted to the Civil Court for the entry of a final judgment dismissing the petition.

Pesce, EJ., Rios and Solomon, JJ., concur.
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Page 44558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20402]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[S-147-2017]


Foreign-Trade Zone 61--San Juan, Puerto Rico; Application for 
Subzone; Plaza Warehousing & Realty Corporation; Caguas, Puerto Rico

    An application has been submitted to the Foreign-Trade Zones Board 
(the Board) by the Puerto Rico Trade and Export Company, grantee of FTZ 
61, requesting subzone status for the facility of Plaza Warehousing & 
Realty Corporation located in Caguas, Puerto Rico. The application was 
submitted pursuant to the provisions of the Foreign-Trade Zones Act, as 
amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR 
part 400). It was formally docketed on September 20, 2017.
    The proposed subzone (15.5 acres) is located at Road #1, Km. 27.9, 
Barrio R[iacute]o Ca[ntilde]as, Caguas, Puerto Rico. No authorization 
for production activity has been requested at this time. The proposed 
subzone would be subject to the existing activation limit of FTZ 61.
    In accordance with the Board's regulations, Camille Evans of the 
FTZ Staff is designated examiner to review the application and make 
recommendations to the Executive Secretary.
    Public comment is invited from interested parties. Submissions 
shall be addressed to the Board's Executive Secretary at the address 
below. The closing period for their receipt is November 6, 2017. 
Rebuttal comments in response to material submitted during the 
foregoing period may be submitted during the subsequent 15-day period 
to November 20, 2017.
    A copy of the application will be available for public inspection 
at the Office of the Executive Secretary, Foreign-Trade Zones Board, 
Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230-0002, and in the ``Reading Room'' section of the 
Board's Web site, which is accessible via www.trade.gov/ftz.
    For further information, contact Camille Evans at 
<a href="/cdn-cgi/l/email-protection#97d4f6fafefbfbf2b9d2e1f6f9e4d7e3e5f6f3f2b9f0f8e1"><span class="__cf_email__" data-cfemail="1655777b7f7a7a7338536077786556626477727338717960">[email protected]</span></a> or (202) 482-2350.

    Dated: September 20, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017-20402 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-DS-P


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```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2668 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 2668

_______________________________________________________________________

                                 AN ACT

 
To designate the station of the United States Border Patrol located at 
  2136 South Naco Highway in Bisbee, Arizona, as the ``Brian A. Terry 
                        Border Patrol Station''.

    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 ``Brian A. Terry Memorial Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) A native of Flat Rock, Michigan, Agent Brian A. Terry 
        served his country proudly with the United States Marine Corps 
        and continued his service as a police officer with the cities 
        of Ecorse and Lincoln Park, Michigan, prior to joining the 
        United States Border Patrol.
            (2) Agent Terry was a member of the 699th Session of the 
        Border Patrol Academy assigned to the Naco Border Patrol 
        Station within the Tucson Sector.
            (3) On December 14, 2010, Border Patrol Agent Brian A. 
        Terry was conducting a Border Patrol Tactical unit (BORTAC) 
        operation in the area of ``Peck Wells''.
            (4) At 11:15 p.m., near Rio Rico, Arizona, and about 15 
        miles north of Nogales, Arizona, Agent Terry and his team 
        spotted a group of individuals approaching their position.
            (5) Shortly thereafter, an encounter ensued and gunfire was 
        exchanged that left Agent Terry mortally wounded.
            (6) Agent Terry succumbed to his injuries on December 15, 
        2010.
            (7) Agent Terry is survived by his mother, father, 
        stepmother, stepfather, brother, and two sisters.

SEC. 3. DESIGNATION.

    The station of the United States Border Patrol located at 2136 
South Naco Highway in Bisbee, Arizona, shall be known and designated as 
the ``Brian A. Terry Border Patrol Station''.

SEC. 4. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the station referred to in section 1 
shall be deemed to be a reference to the ``Brian A. Terry Border Patrol 
Station''.

            Passed the House of Representatives December 14, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 2668

_______________________________________________________________________

                                 AN ACT

To designate the station of the United States Border Patrol located at 
  2136 South Naco Highway in Bisbee, Arizona, as the ``Brian A. Terry 
                        Border Patrol Station''.
```
Exhibit 32.2


                                  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 Jacobs Financial  Group,  Inc. (the
"Company")  on Form 10-K for the year ended May 31,  2011 (the  "Report")  filed
with the Securities and Exchange Commission,  I, John M. Jacobs, Chief Financial
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 Company's  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.


Date: September 13, 2011

                                 By:
                                    /s/John M. Jacobs
                                    --------------------------------------------
                                    John M. Jacobs, Chief Financial Officer