alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 7016** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JOSE OSEGUERA RODRIQUEZ, a/k/a Jose Oseguera , Defendant

- Appellant

.

Appeal from the United States Distr ict Court for the Western District of North Carolina , at Charlotte

. Frank D. Whitney , District Judge. ( 3:01

- cr - 00104

- FDW

- 5 )

Submitted : November 3, 2010 Decided: December 7 , 2010

Before KING and SHEDD , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

. Jose Oseguera Rodriquez, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this cir cuit.2 PER CURIAM: Jose Oseguera Rodriquez appeals the district court’s orders denying his motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006) and denying his subsequent motion for reconsideration. For the reasons set forth below, we affirm. Our review of the record reveals that the district court mistakenly assum ed that Oseguera Rodriquez was seeking relief under Amendment 706 to the U.S. Sentencing Guidelines Manual (“USSG”), which lowered the base offense levels for drug offens es involving cocaine base. USSG App. C, Amend. 706. In his § 3582(c) motion, however, Oseguera Rodriquez clearly sought the benefit of Amendment 709, which altered the computation of criminal history points for certain misdemeanors and petty offenses. Amendment 709, however, did not become effective until November 1, 2007, and does not apply retroactively. See USSG App. C , Amend. 709 (providing effective date); USSG § 1B1.10(c), p.s. (listing amendments that apply retroactively); see also United Stat es v. Dunphy , 551 F.3d 247, 249 n.2 (4th Cir.) (noting that an amendment to the Guidelines may be applied retroactively only when the amendment is expressly listed in USSG § 1B1.10(c)), cert. denied , 129 S. Ct. 2401 (2009).3 Because Oseguera Rodriquez is clearly not entitled to

a r eduction based on Amendment 709, we affirm the district court’s orders on this alternate ground. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
#### In the Matter of Elasia A.D.B. MercyFirst et al., Respondents; Crystal D.G., Appellant. In the Matter of Leanna I.P MercyFirst et al., Respondents; Crystal D.G., Appellant. In the Matter of Elijah L.M. MercyFirst et al., Respondents; Crystal D.G., Appellant.

[987 NYS2d 188]

*779In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from three orders of fact-finding and disposition of the Family Court, Kings County (Turbow, J.) (one as to each child), all dated January 15, 2013, which, after fact-finding and dispositional hearings, found that she permanently neglected the subject children, terminated her parental rights, and transferred guardianship and custody of the children to MercyFirst and the Commissioner of the Administration for Children’s Services of the City of New York for the purpose of adoption.

Ordered that the orders of fact-finding and disposition are affirmed, without costs or disbursements.

The petitioning agency established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the relationship between the mother and the subject children by meeting with the mother to review her service plan, discussing the importance of compliance, providing referrals for drug treatment, and scheduling visitation between the mother and the subject children *(see Matter of Star Leslie W.,*63 NY2d 136, 142 [1984]; *Matter of Sheila G.,*61 NY2d 368, 381 [1984]; *Matter of Peter C., Jr. [Peter C.],*88 AD3d 702, 703 [2011]; *Matter of Justina Rose D.,*28 AD3d 659, 660 [2006]; *Matter of “Female” V.,*21 AD3d 1118, 1119 [2005]). Despite these efforts, the mother failed to “assume a measure of initiative and responsibility [and] plan for the future of [her] child[ren]” *(Matter of Jamie M.,*63 NY2d 388, 393 [1984]) by “tak[ing] steps to correct the conditions that led to the removal of the child[ren] from [her] home” *(Matter of Zechariah J. [Valrick J.],*84 AD3d 1087, 1087-1088 [2011] [internal quotation marks omitted]; *see Matter of Star Leslie W.,*63 NY2d at 143; *Matter of Sheila G.,*61 NY2d at 392; *Matter of Darryl A.H. [Olga Z.],*109 AD3d 824 [2013]; *Matter of Peter C., Jr. [Peter C.],*88 AD3d at 703; Social Services Law § 384-b [7] [c]). The mother’s belated partial compliance with the service plan was insufficient to preclude a finding of permanent neglect *(see Matter of Tarmara F.J. [Jaineen J.],*108 AD3d 543, 544 [2013]; *Matter of Hadiyyah J.M. [Fatima D.R.],*91 AD3d 874, 875 [2012]; *Matter of Zechariah J. [Valrick J.],*84 AD3d at 1088; *Matter of Megan R.W. [Connie Lynn M.],*69 AD3d 737 [2010]). Accordingly, the Family Court properly granted the petitions and terminated the mother’s parental rights.

Skelos, J.E, Balkin, Hall and Maltese, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEETS AND STATEMENTS OF OPERATIONS AS OF DECEMBER 31, 1996, 1995 AND
1994 AND FOR THE TWELVE MONTH PERIODS THEN ENDED, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         108,321
<SECURITIES>                                         0
<RECEIVABLES>                                   55,096
<ALLOWANCES>                                     2,840
<INVENTORY>                                     41,326
<CURRENT-ASSETS>                               217,952
<PP&E>                                       1,143,036
<DEPRECIATION>                                 324,166
<TOTAL-ASSETS>                               1,050,625
<CURRENT-LIABILITIES>                          133,022
<BONDS>                                        344,770
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           284
<OTHER-SE>                                     132,322
<TOTAL-LIABILITY-AND-EQUITY>                 1,050,625
<SALES>                                        698,523
<TOTAL-REVENUES>                               731,624
<CGS>                                          597,100
<TOTAL-COSTS>                                  619,614
<OTHER-EXPENSES>                                22,495
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              21,042
<INCOME-PRETAX>                                 69,264
<INCOME-TAX>                                    11,300
<INCOME-CONTINUING>                             57,964
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    57,964
<EPS-PRIMARY>                                     2.04
<EPS-DILUTED>                                     2.04


</TABLE>
<PAGE>


                                   EXHIBIT 21

                         Subsidiaries of the Registrant


1.       First Federal of the South (federally chartered stock savings
         association), organized under the laws of the United States of America

2.       Magnolia Title Services, Inc. (title insurance and related services)
         (50% ownership interest), organized under the laws of the State of
         Alabama

3.       SouthFirst Financial Services, Inc. (insurance products and financial
         services), organized under the laws of the State of Alabama

4.       SouthFirst Mortgage, Inc. (residential construction lending), organized
         under the laws of the State of Alabama
##### 



Exhibit 99.4

FORM OF INDEPENDENT AUDITOR CONSENT

CONSENT OF DELOITTE & TOUCHE, LLP

Great Lakes Power Inc.
Suite 300, BCE Place
181 Bay Street, Box 762
Toronto, Ontario M5J 2T3

Independent Auditors Consent

We consent to the use of our report dated February 7, 2003, appearing in this
Annual Report on Form 40-F of Great Lakes Power Inc. for the year ended
December 31, 2002.

|                                             |  | 
|-------------------------------------------- |  | 
|/s/ Deloitte & Touche, LLP                   |  | 
|                                             |  | 
|Deloitte & Touche, LLP
Chartered Accountants |  | 

Toronto, Ontario
February 7, 2003

Page 2
Exhibit 23.2


                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333- 13059) of  Software  Publishing  Corporation  Holdings,  Inc.  (the
"Company")  pertaining  to the  Company's  1994 Long Term  Incentive  Plan,  the
Company's  Registration  Statement  (Form S-8 No.  333-19169)  pertaining to the
Company's  Outside  Director  and  Advisor  Stock  Option  Plan,  the  Company's
Registration Statement (Form S-8 No. 333-19059) pertaining to the Company's 1987
Stock Option Plan,  the Company's  1989 Stock Option Plan and the Company's 1991
Stock  Option  Plan  and the  Company's  Registration  Statement  (Form  S-3 No.
333-55677)  with respect to 2,107,712  shares of the Company's  Common Stock and
29,267 options to purchase  shares of the Company's  Common Stock, of our Report
dated April 1, 1999 with  respect to the financial  statements of Serif (Europe)
Limited,  included in the  Company's  Annual  Report on Form 10-KSB for the year
ended December 31, 1998, filed with the Securities and Exchange Commission.


                                                       s/Ernst & Young 
                                                         Ernst & Young

Nottingham, United Kingdom
April 13, 1999
<PAGE>

TRIDENT MICROSYSTEMS, INC.

                                  EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Frank C. Lin, Chief Executive Officer of Trident Microsystems, Inc. (the
"Registrant"), do hereby certify in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my
knowledge:

         (1) the Annual Report on Form 10-K of the Registrant, to which this
         certification is attached as an exhibit (the "Report"), fully complies
         with the requirements of section 13(a) of the Securities Exchange Act
         of 1934 (15 U.S.C. 78m); and

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

Dated: September 26, 2003                             /s/  FRANK C. LIN
                                                      --------------------------
                                                      Frank C. Lin
                                                      Chief Executive Officer

         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 TRIDENT
MICROSYSTEMS, INC. AND WILL BE RETAINED BY TRIDENT MICROSYSTEMS, INC. AND
FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.

                                       66
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
UNAUDITED  CONDENSED  FINANCIAL  STATEMENTS  FILED WITH THE COMPANY'S  MARCH 31,
2000,  QUARTERLY  REPORT ON FORM  10-QSB AND IS  QUALIFIED  IN ITS  ENTIRETY  BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<CIK>         0001016082
<NAME>       Cyberexcellence, Inc.
<MULTIPLIER>                                  1
<CURRENCY>                                    U.S. Dollars

<S>                                          <C>
<PERIOD-TYPE>                                 3-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-END>                                  MAR-31-2000
<EXCHANGE-RATE>                               1
<CASH>                                        411
<SECURITIES>                                  0
<RECEIVABLES>                                 0
<ALLOWANCES>                                  0
<INVENTORY>                                   0
<CURRENT-ASSETS>                              411
<PP&E>                                        0
<DEPRECIATION>                                0
<TOTAL-ASSETS>                                411
<CURRENT-LIABILITIES>                         1,010
<BONDS>                                       0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                      2,042
<OTHER-SE>                                    (2,641)
<TOTAL-LIABILITY-AND-EQUITY>                  411
<SALES>                                       0
<TOTAL-REVENUES>                              0
<CGS>                                         0
<TOTAL-COSTS>                                 0
<OTHER-EXPENSES>                              959
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                            0
<INCOME-PRETAX>                               (959)
<INCOME-TAX>                                  0
<INCOME-CONTINUING>                           (959)
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                                  (959)
<EPS-BASIC>                                   (0.00)
<EPS-DILUTED>                                 (0.00)


</TABLE>
---

Exhibit 17


CONSENT OF EXPERTFebruary 23, 2012British Columbia Securities CommissionAlberta Securities CommissionSaskatchewan Financial Services CommissionManitoba Securities CommissionOntario Securities CommissionNew Brunswick Securities CommissionNova Scotia Securities CommissionRegistrar of Securities, Prince Edward IslandSecurities Commission of Newfoundland and LabradorRegistrar of Securities, Northwest TerritoriesRegistrar of Securities, NunavutRegistrar of Securities, YukonUnited States Securities and Exchange Commission
  Re:

   Annual Information Form dated February 23, 2012 (the “Annual Information Form”) of Minefinders Corporation Inc. (the “Company”).
  I refer to the report entitled "Technical Report, La Bolsa Project, Pre-feasibility Study” dated January 10, 2011 (the "Report") as referenced in the Annual Information Form and documents incorporated by reference therein. I hereby consent to the use of my name and the Report in the Annual Information Form and in documents incorporated by reference therein. I confirm that I have read the Annual Information Form and I have no reason to believe that there are any misrepresentations that are derived from the Report referred to above or that are within my knowledge as a result of the services I performed in connection with such Report. I consent to the filing of this consent with the United States Securities and Exchange Commission as part of the Company’s Form 40-F dated February 23, 2012, and any amendment thereto, and to the incorporation by reference of this consent into the Company’s Registration Statement on Form F-10 (File No. 333-170839).


---

- 2 - Yours truly, Per:

   /s/ Anthony E. W. CrewsAnthony E. W. Crews
  February 23, 2012


---
**Exhibit 10.4****LETTER OF UNDERSTANDING**

This letter of understanding, dated 15 April 2003 is among and between the following parties:

1. Asia Premium Television Group, Inc., a Nevada corporation, ( "ASTV")

2. Asia East Investments Limited, a British Virgin Islands corporation, ( "AEI")

3. Sun Media Group Holdings Limited, a Bermuda corporation, ( "SUN")

Whereas, the parties entered into separate agreements on or about October 21, 2002 whereby ASTV desired to acquire and
both AEI and SUN desired to provide certain operations and assets to ASTV in exchange for common stock of ASTV; and

Whereas, all parties agree that the exchange of common stock for certain operations and assets has not yet been fully
completed; and

The parties further agree that the agreements by and among the parties constitute a single acquisition plan of ASTV and as
of the date of this agreement only certain elements of the exchange have been completed with additional elements yet to be
completed in order to satisfy the terms and conditions of the exchange.

Asia Premium Television Group, Inc.,

By:     /s/

President

Asia East Investments Limited

By:     /s/

President

Sun Media Group Holdings Limited

By:     /s/

President
ILLINOIS CENTRAL CORPORATION AND SUBSIDIARIES
                       COMPUTATION OF INCOME PER COMMON SHARE  
                         ($ in millions, except share data) 

                             Years Ended December 31, 
                           1995           1994           1993

Income before 
extraordinary item
and cumulative effect 
of changes in accounting 
principle                   $121.9      $113.9         $91.7
Extraordinary item, net      (11.4)        -           (23.4)

Cumulative effect of 
 changes in accounting          
 principles                    -           -            (0.1)
Net income                  $110.5      $113.9         $68.2

Calculation of average 
 number of shares 
 outstanding (1):               
Primary:               
Weighted average number 
  of common shares
  outstanding           62,608,274   63,895,566        63,840,123
Effect of shares 
 issuable under 
 stock options             276,847      193,043           179,402
                        62,885,121   64,088,609        64,019,525

Fully diluted:                  
 Weighted average 
 number of common 
 shares outstanding     62,608,274   63,895,566        63,840,123
Effect of shares 
 issuable under stock 
 options (2)               302,043      193,043           264,957
                        62,910,317   64,088,609        64,105,080

Income per common share:        
Primary: 
Before extraordinary 
 item and cumulative            
 effect of changes 
 in accounting 
 principles                  $1.94       $1.78         $1.43

Extraordinary item, net      (0.18)          -         (0.36)

Cumulative effect of 
  changes in accounting         
  principles                     -           -             -
         Net income          $1.76       $1.78         $1.07

Fully diluted:         
Before extraordinary 
  item and cumulative           
  effect of changes in 
  accounting principles      $1.94       $1.78         $1.43

Extraordinary item, net      (0.18)          -         (0.36)

Cumulative effect of 
  changes in accounting         
  principles                     -           -             -
         Net income          $1.76       $1.78         $1.07

(1) Shares restated to reflect the 3-for-2 stock split declared in
    January 1996 as if it took place at the earliest period shown.
(2) Such items are included in primary calculation. Additional shares
    represent difference between average price of Common Stock for the
    period and the end of period price.
**CERTIFICATION      PURSUANT TO **

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002 **

**(18      U.S.C. SECTION 1350) **

**by      the**

**Chief      Executive Officer and Chief Financial Officer**

| (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. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| CHIEF                EXECUTIVE OFFICER         |   |
|------------------------------------------------|--------|
|                                           |   |
| /s/                Steven White                |   |
| Steven                White                    |   |
|                                           |   |
| October                1, 2008                 |   |
|                                           |   |
| INTERIM                CHIEF FINANCIAL OFFICER |   |
|                                           |   |
| /s/                Steven White                |   |
| Steven                White                    |   |
|                                           |   |
| October                1, 2008                 |   |

----
I 

111TH CONGRESS 

1ST SESSION H. R. 2626 

To amend the Internal Revenue Code of 1986 to provide tax credit parity 

for electricity produced from renewable resources. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Mr. MEEK of Florida (for himself and Mr. HERGER) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

tax credit parity for electricity produced from renewable 

resources. 

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 ‘‘Renewable Energy 

5 Parity Act’’. 

6 SEC. 2. TAX CREDIT PARITY FOR ELECTRICITY PRODUCED 

7 FROM RENEWABLE RESOURCES. 

8 (a) IN GENERAL.—Subparagraph (A) of section 

9 45(b)(4) of the Internal Revenue Code of 1986 is amended 


sroberts on PROD1PC70 with BILLS
2 

•HR 2626 IH

1 by inserting ‘‘and before 2010’’ after ‘‘any calendar year 

2 after 2003’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply to electricity produced and sold 

5 after December 31, 2009. 

Æ 


sroberts on PROD1PC70 with BILLS
Exhibit



Exhibit 10(a)2







ALLETE Executive Annual Incentive Plan
Form of Award
Effective 2018
[Eligible Superior Water, Light and Power Executive Employees]


Target Award Opportunity




	
		
	Base Salary
	$

	 
	 

	Times
	 

	 
	 

	Award Opportunity (percent of base salary)
	%

	 
	 

	Equals
	 

	 
	 

	Target Award 
	$






Performance Levels and Award Amounts




	
			
	Goal Performance Level
	Payout as Percent of 
Target Award
	Award Amount 

	Superior
	200% 
	$

	Target
	100% 
	$

	Threshold
	37.5% 
	$

	Below Threshold
	0% 
	$








Goals


	
									
	 
	 
	 
	 
	 
	 
	 
	Goal

	 
	 
	 
	 
	 
	 
	 
	Weighting

	 
	Financial Goals
	 
	 
	 
	 
	 

	 
	 
	ALLETE Net Income 
	15%

	 
	 
	Superior Water Light & Power Net Income
	 
	55%

	 
	 
	 
	 
	 
	 
	 
	 

	 
	Strategic & Operational Positioning Goals
	 
	 
	 
	  30% 

	 
	 
	 
	 
	 
	 
	 
	100%






Compensation Subject to Compensation Recovery Policy


Annual Incentive Plan Compensation is subject to recoupment as defined in the Compensation Recovery policy.