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

FOR THE FIFTH CIRCUIT

No. 17-40029

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MONTHGOMERY SALVADOR MAYORGA-CASTILLO, also known as 

Salvador Lubian Castillo-Garcia,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:16-CR-609-1

Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Monthgomery 

Salvador Mayorga-Castillo 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). Mayorga-Castillo has been 

informed of the motion and has not filed a response. 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 2, 2017

Lyle W. Cayce

Clerk

 Case: 17-40029 Document: 00514178542 Page: 1 Date Filed: 10/02/2017
No. 17-40029

2

We have reviewed counsel’s brief and the relevant portions of the record 

reflected therein, and determine that “counsel has diligently investigated the 

possible grounds for appeal.” Anders, 386 U.S. at 742. We agree with counsel’s 

assessment that Mayorga-Castillo can raise no nonfrivolous issue on appeal 

challenging either his guilty plea or his sentence. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from further 

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 17-40029 Document: 00514178542 Page: 2 Date Filed: 10/02/2017
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #15302 and #15303; FLORIDA Disaster Number FL-00130]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 4.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA-4337-DR), dated 09/10/2017.

*Incident:*                         Hurricane Irma.                    

*Incident Period:*                         09/04/2017 and continuing.                    

# DATES:

Issued on 09/14/2017.

*Physical Loan Application Deadline Date:*                         11/09/2017.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         06/11/2018.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

 A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of Florida, dated 09/10/2017, is hereby amended to include the following areas as adversely affected by the disaster:

*Primary Counties (Physical Damage and Economic Injury Loans):*                     Alachua, Baker, Bradford, Columbia, Gilchrist, Levy, Nassau, Suwannee, Union                

*Contiguous Counties (Economic Injury Loans Only):*

Florida: Dixie, Hamilton, Lafayette, Madison

Georgia: Camden, Charlton, Clinch, Echols, Ware

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James E. Rivera,

Associate Administrator for Disaster Assistance.

[FR Doc. 2017-20320 Filed 9-22-17; 8:45 am]

 BILLING CODE 8025-01-P
<PAGE>

                                                                    EXHIBIT 99.4

                    Reconciliation of Amounts Previously Reported

<TABLE>
<CAPTION>
                                                        First           Second             Third
(Amounts in thousands, except per share data)          Quarter          Quarter           Quarter
                                                       -------          -------           -------
<S>                                                   <C>              <C>               <C>
AS PREVIOUSLY REPORTED DURING 1998:

     Net income                                         13,785           10,282            14,539
     Earnings per common and common
       equivalent shares
          Basic:                                          0.34             0.24              0.31
          Diluted:                                        0.33             0.24              0.31

EFFECT OF POOLING OF INTERESTS TRANSACTIONS:

     Net income                                          2,914          (3,839)           (1,145)
     Earnings per common and common
       equivalent shares
          Basic:                                          0.01           (0.10)            (0.03)
          Diluted:                                        0.02           (0.11)            (0.03)

AS RESTATED FOR 1998:

     Net income                                         16,699            6,443            13,394
     Earnings per common and common
       equivalent shares
          Basic:                                          0.35             0.14              0.28
          Diluted:                                        0.35             0.13              0.28

AS PREVIOUSLY REPORTED DURING 1997:

     Net income                                         10,532           11,135            12,299
     Earnings per common and common
       equivalent shares
          Basic:                                          0.30             0.30              0.33
          Diluted:                                        0.28             0.29              0.32
          
EFFECT OF POOLING OF INTERESTS TRANSACTIONS:

     Net income                                          3,535            3,609             2,906
     Earnings per common and common
       equivalent shares
          Basic:                                          0.04             0.03              0.02
          Diluted:                                        0.04             0.04              0.03

AS RESTATED FOR 1997:

     Net income                                         14,067           14,744            15,205
     Earnings per common and common
       equivalent shares
          Basic:                                          0.34             0.33              0.35
          Diluted:                                        0.32             0.33              0.35

</TABLE>
<PAGE>

                                                                Exhibit 11.1



                                      CNET, INC.
                    STATEMENT OF COMPUTATION OF NET LOSS PER SHARE
                                     (UNAUDITED)



                                                      Three months ended
                                                          March 31,
                                               -------------------------------
                                                      1997           1996
                                               ---------------  --------------
Net Loss                                       $  (12,888,203)  $   (3,698,523)
                                               ---------------  --------------
                                               ---------------  --------------

    Weighted average shares outstanding during
                   the period:

    Preferred                                           -            5,707,204
    Common                                         13,300,127        2,700,000


    Shares issued and stock option and warrants
      granted in accordance with SAB No. 83             -              808,841
                                               ---------------  --------------

      Shares used in calculating per share data    13,300,127        9,216,045
                                               ---------------  --------------
                                               ---------------  --------------

      Net Loss per share                               $(0.97)          $(0.40)
                                               ---------------   ---------------
                                               ---------------   ---------------

                                       13
302 CERTIFICATION

I, Richard H. Tanenbaum, certify that:

         1. I have reviewed the annual report on Form 10-KSB of Sun
Reporter, Inc.;

         2. Based on my knowledge, this annual report does not contain
any untrue statement of a material fact or omit to state a material
fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading
with respect to the period covered by this report;

         3. Based on my knowledge, the financial statements, and other
financial information included in this annual report, fairly present in
all material respects the financial condition, results of operations
and cash flows of the registrant as of, and for, the periods presented
in this report;

         4. I am responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules
12a-14) and internal controls over financial reporting (as defined in
Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and
have:

      a) designed such disclosure controls and procedures to ensure
that material information  relating to the registrant, including its
consolidated subsidiaries, is made known to me by others within those
entities, particularly during the period in which this annual report is
being prepared;

      b) evaluated the effectiveness of the registrant's  disclosure
controls and procedures as of a date within 90 days prior to the filing
date of this annual report (the "Evaluation Date"); and

      c)  presented in this annual report my conclusions about the
effectiveness of the disclosure controls and procedures based on my
evaluation as of the Evaluation Date;

         5. I have disclosed, based on my most recent evaluation, to
the registrant's auditors and the audit committee of registrant's board
of directors (or persons performing the equivalent functions):

         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; and

         b) any fraud, whether or not material, that involves
management or other employees who have a significant role in the
registrant's internal controls over financial reporting.

Date: March 29, 2007                /s/ Richard H. Tanenbaum
                                   ----------------------------
                                   Richard H. Tanenbaum
                                   Chief Executive Officer
                                   Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE>                     5
<CIK>                         0001015551
<NAME>                        FDS - SPRINT SPECTRUM L.P.
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   SEP-30-1998
<CASH>                                          17,264
<SECURITIES>                                    78,776
<RECEIVABLES>                                  149,169
<ALLOWANCES>                                   (17,197)
<INVENTORY>                                    162,682
<CURRENT-ASSETS>                               520,560
<PP&E>                                       4,211,806
<DEPRECIATION>                                (631,386)
<TOTAL-ASSETS>                               6,507,916
<CURRENT-LIABILITIES>                          667,737
<BONDS>                                      5,001,107
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     290,816
<TOTAL-LIABILITY-AND-EQUITY>                 6,507,916
<SALES>                                        582,552
<TOTAL-REVENUES>                               582,552
<CGS>                                          607,575
<TOTAL-COSTS>                                1,738,931
<OTHER-EXPENSES>                                 3,416
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (287,258)
<INCOME-PRETAX>                             (1,440,221)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (1,440,221)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,440,221)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6956

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RONNIE BOWMAN, a/k/a Young,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Columbia. Cameron McGowan Currie, Senior District Judge. (3:01-cr-00349-CMC-1)

Submitted: February 16, 2023 Decided: February 22, 2023

Before GREGORY, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Ronnie Bowman, Appellant Pro Se. Benjamin Neale Garner, OFFICE OF THE UNITED 

STATES ATTORNEY, Columbia, South Carolina.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6956 Doc: 9 Filed: 02/22/2023 Pg: 1 of 2
2

PER CURIAM:

Ronnie Bowman appeals the district court’s order denying his motion for 

compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step 

Act of 2018, Pub. L. No. 115-391, § 603(b)(1), 132 Stat. 5194, 5239. We review a district 

court’s order granting or denying a compassionate release motion for abuse of discretion. 

See United States v. Kibble, 992 F.3d 326, 329 (4th Cir.) (providing standard), cert. denied, 

142 S. Ct. 383 (2021). We have reviewed the record and conclude that the district court 

did not abuse its discretion in denying relief after analyzing the relevant 18 U.S.C. 

§ 3553(a) factors. See United States v. High, 997 F.3d 181, 189 (4th Cir. 2021). 

Accordingly, we affirm for the reasons stated by the district court. United States v. 

Bowman, No. 3:01-cr-00349-CMC-1 (D.S.C. Aug. 8, 2022). We dispense with oral 

argument because the facts and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional process.

AFFIRMED

USCA4 Appeal: 22-6956 Doc: 9 Filed: 02/22/2023 Pg: 2 of 2
I 

112TH CONGRESS 

1ST SESSION H. R. 3019 

To amend title 49, United States Code, to direct the Secretary of Transportation to consider certain factors in evaluating public transportation 

projects for purposes of making capital investment grants, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2011 

Mr. CARSON of Indiana (for himself and Mr. AL GREEN of Texas) introduced 

the following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend title 49, United States Code, to direct the Secretary of Transportation to consider certain factors in 

evaluating public transportation projects for purposes of 

making capital investment grants, and for other purposes. 

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 ‘‘Modernizing Public 

5 Transit Act of 2011’’. 


PWALKER on DSK5TPTVN1PROD with BILLS
2 

•HR 3019 IH

1 SEC. 2. CAPITAL INVESTMENT GRANTS FOR PUBLIC TRANS2 PORTATION PROJECTS. 

3 (a) PROJECT JUSTIFICATION FOR NEW START

4 PROJECTS.—Section 5309(d)(3) of title 49, United States 

5 Code, is amended— 

6 (1) in subparagraph (F) by inserting ‘‘urban 

7 and’’ before ‘‘suburban sprawl’’; 

8 (2) by redesignating subparagraphs (I), (J), 

9 and (K) as subparagraphs (J), (K), and (M), respec10 tively; 

11 (3) by inserting after subparagraph (H) the fol12 lowing: 

13 ‘‘(I) population density, land use, proposed 

14 land use, and local development goals along the 

15 project corridor and along transit corridors con16 necting with the project, including bus, bus 

17 rapid transit, and rail’’; 

18 (4) by striking ‘‘and’’ at the end of subpara19 graph (K) (as redesignated by paragraph (2) of this 

20 subsection); and 

21 (5) by inserting after subparagraph (K) (as re22 designated by paragraph (2) of this subsection) the 

23 following: 

24 ‘‘(L) estimated reductions in transit times 

25 for passengers of the existing transit system as 

26 a result of the project; and’’. 


PWALKER on DSK5TPTVN1PROD with BILLS
3 

•HR 3019 IH

1 (b) PROJECT JUSTIFICATION FOR SMALL START

2 PROJECTS.—Section 5309(e)(4) of such title is amend3 ed— 

4 (1) in subparagraph (A) by inserting ‘‘or pro5 posed local land use policies’’ before ‘‘and is likely’’; 

6 (2) by striking ‘‘and’’ at the end of subpara7 graph (D); 

8 (3) by redesignating subparagraph (E) as sub9 paragraph (H); and 

10 (4) by inserting after subparagraph (D) the fol11 lowing: 

12 ‘‘(E) consider the population density, land 

13 use, proposed land use, and local development 

14 goals along transit corridors connecting with 

15 the project, including bus, bus rapid transit, 

16 and rail; 

17 ‘‘(F) consider the impacts of urban and 

18 suburban sprawl; 

19 ‘‘(G) consider estimated reductions in tran20 sit times for passengers of the existing transit 

21 system as a result of the project; and’’. 

Æ 


PWALKER on DSK5TPTVN1PROD with BILLS
**Exhibit 13(a)****906 CERTIFICATION**The certification set forth below is being submitted in connection with the Annual Report on Form20-F for the year ended December 31,2005 (the “Report”) for the purpose of complying with Rule13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Section1350 of Chapter 63 of Title 18 of the United States Code.Andrew Cosslett, the Chief Executive Officer and Richard Solomons, the Finance Director ofInterContinental Hotels Group PLC, each certifies that, to the best of his knowledge: 1. the Report fully complies with the requirements of Section 13(a) or 15(d) of theExchange Act; and  2. the information contained in the Report fairly presents, in all material respects,the financialcondition and results of operations of InterContinental Hotels Group PLC.Date: March 31, 2006         /s/ Andrew Cosslett         Name: Andrew Cosslett    Title: Chief Executive Officer           /s/ Richard Solomons         Name: Richard Solomons    Title: Finance Director
**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 Boykin Lodging Company (the “Company”) on Form 10-Q forthe quarter ended March 31, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Robert W. Boykin, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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 theSecurities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.   /s/ Robert W. Boykin Robert W. Boykin  Chairman of the Board and Chief Executive Officer  May 5, 2006
Exhibit 10.19

 

AMENDMENT NO. 1 TO THE
 THORATEC CORPORATION
 NONQUALIFIED DEFERRED COMPENSATION PLAN
 AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 2008

 

The Thoratec Corporation Nonqualified Deferred Compensation Plan is hereby amended as follows, effective January 1, 2010:

 

1.                                      Section 2.1  Definitions.

 

Section 2.1(o) is added to read as follows:

 

““Sales Commissions”  means compensation paid in the form of commissions.” 

 

Subsequent sections shall be renumbered accordingly.

 

2.                                      Section 4.1  Deferral Election.

 

Section 4.1(a) is amended to read as follows:

 

“Subject to the following provisions, for each Year, a Participant irrevocably may elect, by written notice to the Corporation, to defer Salary, Bonus, Board Fees and/or Sales Commissions as set forth below. Deferrals of each of Salary, Bonus, Board Fees and/or Sales Commissions shall be made pursuant to a separate deferral election.”

 

Section 4.1(a)(iv) is added to read as follows:

 

“With respect to Sales Commissions, the deferral percentage elected shall be 0% to 100% (and/or a flat amount) and shall apply only to the Participant’s Sales Commissions payable with respect to service to be performed in the Year and must be made on or before November 30 immediately preceding the Year for which such deferral election applies.”

 

3.                                      Section 4.2  Deferral Period.

 

The first sentence of Section 4.2(a) is amended to read as follows:

 

“A Participant who is an employee shall elect a deferral period for each separate deferral of Salary, Bonus and/or Sales Commissions.”
cc: Hon. James Todd Russell, District Judge John Michael Foster Steven J. Klearman & Associates Carson City Clerk

2