alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose O. MEDINA-SUAREZ, Defendant-Appellant.

No. 10-3590.

United States Court of Appeals, Seventh Circuit.

Submitted March 23, 2011.*

Decided April 13, 2011.

John F. Kness, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Susan M. Pavlow, Weinberg & Rizzi, Chicago, IL, for Defendant-Appellant.

Before FRANK H. EASTERBROOK, Chief Judge, MICHAEL S. KANNE, Circuit Judge, DIANE S. SYKES, Circuit Judge.

*

 After examining the briefs and record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and record. *See*Fed. R.App. P. 34(a)(2)(c).

ORDER

Jose Medina-Suarez, a citizen of Mexico, was removed from the United States in 2004 but returned a few months later without permission. His arrest for a traffic offense led to federal prosecution under 8 U.S.C. § 1326(a). Medina-Suarez pleaded guilty, and at sentencing he argued that he should receive a prison term below the guidelines range of 46 to 57 months because the Northern District of Illinois does not have a “fast track” program. Prosecutors in a number of judicial districts offer shorter sentences to defendants charged under § 1326(a) if they plead guilty promptly and also satisfy other qualifying criteria. Medina-Suarez argued that the small number of fast-track programs creates an unwarranted sentencing disparity between districts. The district court commented that the limited availability of fast-track programs is “a little bit offensive” but agreed with the prosecutor that our precedent precluded consideration of the claimed disparity. The court did not say how it would have responded to Medina-Suarez’s argument if given the discretion to do so. The court did agree with Medina-Suarez that his criminal history category was overstated, and on that basis sentenced him below the guidelines range to 41 months.

On appeal Medina-Suarez argues that the district court erred by not considering his fast-track argument. At the time of sentencing, our precedent did not allow a district court to award a below-guidelines sentence because of a disparity created by fast-track programs. *See United States v. Olmeda-Garcia,*613 F.3d 721, 725 (7th Cir.2010); *United States v. Galicia-Cardenas,*443 F.3d 553, 555 (7th Cir.2006). But while Medina-Suarez’s appeal was pending, we overturned that precedent and held that a sentencing court should be able to consider the lack of a fast-track program when crafting an individual sentence. *United States v. Reyes-Hernandez,*624 F.3d 405, 422 (7th Cir.2010).

In view of *Reyes-Hernandez,*the district court committed a procedural error by categorically excluding Medina-Suarez’s fast-track argument as a sentencing consideration. The government concedes that the error might have affected the *632sentence imposed, and thus the error is not harmless. *See United States v. Anderson,*604 F.3d 997, 1003 (7th Cir.2010).

Medina-Suarez’s sentence is VACATED and his case is REMANDED for re-sentencing.
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 Altair Nanotechnologies Inc. (the “Company”) on Form 10-Q for the quarterly period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Terry M. Copeland, President and CEO of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:





(1)
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




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










/s/  Terry M. CopelandTerry M. Copeland, President and CEOMay 6, 2011
#### SYSTEMS INTEGRATED, INC., Appellant, v. Donald C. WINTER, Secretary of the Navy, Appellee.

No. 2007-1540.

United States Court of Appeals, Federal Circuit.

May 7, 2008.

Brian J. Donovan, Jones & Donovan, of Newport Beach, CA, argued for appellant.

Sean B. McNamara, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Jeffrey S. Bucholtz, Assistant Attorney General; Jeanne E. Davidson, Director; and Donald E. Kinner, Assistant Director.

Before RADER, DYK and MOORE, Circuit Judges.

Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

*AFFIRMED. See*Fed. Cir. R. 36.
<TABLE> <S> <C>


<ARTICLE>                                           7
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
     STATEMENT OF OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 1996 AND THE
     BALANCE SHEET AS IF DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
     REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-30-1996
<DEBT-HELD-FOR-SALE>                           0
<DEBT-CARRYING-VALUE>                          8,708,519
<DEBT-MARKET-VALUE>                            8,585,556
<EQUITIES>                                     0
<MORTGAGE>                                     0
<REAL-ESTATE>                                  0
<TOTAL-INVEST>                                 8,708,519
<CASH>                                         2,155,583
<RECOVER-REINSURE>                             0
<DEFERRED-ACQUISITION>                         260,004 
<TOTAL-ASSETS>                                 42,282,454
<POLICY-LOSSES>                                31,982,392
<UNEARNED-PREMIUMS>                            2,443,710
<POLICY-OTHER>                                 0
<POLICY-HOLDER-FUNDS>                          0
<NOTES-PAYABLE>                                0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    6,100,701
<COMMON>                                       102,501
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   42,282,454
<PREMIUMS>                                     8,149,806
<INVESTMENT-INCOME>                            860,171
<INVESTMENT-GAINS>                             (27,740)
<OTHER-INCOME>                                 0
<BENEFITS>                                     5,656,627
<UNDERWRITING-AMORTIZATION>                    1,371,000
<UNDERWRITING-OTHER>                           3,021,125
<INCOME-PRETAX>                                (1,177,620)
<INCOME-TAX>                                   (254,991)
<INCOME-CONTINUING>                            (922,629)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (922,629)
<EPS-PRIMARY>                                  (10.12)
<EPS-DILUTED>                                  (10.12)
<RESERVE-OPEN>                                 28,306,416
<PROVISION-CURRENT>                            5,732,000
<PROVISION-PRIOR>                              (75,373)
<PAYMENTS-CURRENT>                             1,170,000
<PAYMENTS-PRIOR>                               7,857,000
<RESERVE-CLOSE>                                31,982,392
<CUMULATIVE-DEFICIENCY>                        (1,698,000)
        

</TABLE>
Exhibit 32.2





ZENEX INTERNATIONAL, INC.




**Certification by Chief Financial Officer**


**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 on Form 10-KSB of Zenex International, Inc. (the Company) for the year ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Debra G. Morehead, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





(1)
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and(2)
The information contained in the Report fairly presents, in all material respects, the financial condition and result of the operations of the Company.





****By:
/s/ Debra G. MoreheadDebra G. MoreheadChief Financial Officer
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<RESTATED>
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          JUN-28-1997             JUN-27-1998
<PERIOD-START>                             JUN-30-1996             JUN-29-1997
<PERIOD-END>                               JUN-28-1997             JUN-27-1998
<CASH>                                          74,432                  57,817
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  278,509                 339,022
<ALLOWANCES>                                  (16,792)                (16,982)
<INVENTORY>                                    314,897                 349,583
<CURRENT-ASSETS>                               709,909                 797,282
<PP&E>                                         674,538                 695,359
<DEPRECIATION>                                 236,802                 258,094
<TOTAL-ASSETS>                               1,732,183               1,817,791
<CURRENT-LIABILITIES>                          475,106                 509,466
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           443                     465
<OTHER-SE>                                     578,703                 584,255
<TOTAL-LIABILITY-AND-EQUITY>                 1,732,183               1,817,791
<SALES>                                      5,169,406               5,506,949
<TOTAL-REVENUES>                             5,169,406               5,506,949
<CGS>                                        4,166,332               4,465,281
<TOTAL-COSTS>                                  857,250                 980,769
<OTHER-EXPENSES>                                81,463                  91,716
<LOSS-PROVISION>                                 7,854                  12,336
<INTEREST-EXPENSE>                              76,063                  73,894
<INCOME-PRETAX>                                 64,361                (30,817)
<INCOME-TAX>                                    26,075                   6,475
<INCOME-CONTINUING>                             38,286                (37,292)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                 (9,712)
<CHANGES>                                            0                       0
<NET-INCOME>                                    38,286                (47,004)
<EPS-PRIMARY>                                     0.88                  (1.04)
<EPS-DILUTED>                                     0.87                  (1.04)
        

</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3072 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3072

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 9810 Halls Ferry Road in St. Louis, Missouri, as the ``Coach Jodie 
                     Bailey Post Office Building''.

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

SECTION 1. COACH JODIE BAILEY POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 9810 Halls Ferry Road in St. Louis, Missouri, shall be known 
and designated as the ``Coach Jodie Bailey Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Coach 
Jodie Bailey Post Office Building''.

            Passed the House of Representatives July 29, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
EXHIBIT 99.2

CERTIFICATE OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



---

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Minefinders Corporation Ltd. (the Company) on Form 40-F for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald Simpson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



March 30,
 2006

/s/ Ronald Simpson

Ronald Simpson

Chief Financial Officer



A signed original of this written statement required by Section 906 has been provided to Minefinders Corporation Ltd. and will be retained by Minefinders Corporation Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

BILL CELEYA FLORES,

 Defendant - Appellant.

 No. 11-30273

 D.C. No. 3:09-cr-05810-RBL

 MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

Ronald B. Leighton, District Judge, Presiding

Submitted June 26, 2012** 

Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. 

Bill Celeya Flores appeals from the 57-month sentence imposed following

his guilty-plea conviction for eight counts of distribution of Oxycodone, in

violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C); one count of possession with

intent to distribute Oxycodone, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C)

FILED

JUL 02 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-30273

and 18 U.S.C. § 2; and one count of possession of a firearm by an unlawful user of

a controlled substance (Methadone), in violation of 18 U.S.C. §§ 922(g)(3),

924(a)(2) and 2. We dismiss. 

Flores contends that he was denied effective assistance of counsel at

sentencing when counsel failed to object to arguments made by the government

that allegedly breached the plea agreement. We are precluded from reaching the

merits of Flores’s claim by a valid appeal waiver in which Flores gave up his right

to pursue a direct appeal of his sentence. See United States v. Nunez, 223 F.3d

956, 959 (9th Cir. 2000) (“[O]ne waives the right to argue ineffective assistance of

counsel at sentencing on direct appeal when one waives the right to appeal the

sentence.”).

DISMISSED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET AND STATEMENT OF OPERATIONS AS OF
AND FOR THE THIRTEEN WEEK PERIOD ENDED MARCH 30, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               MAR-30-1997
<CASH>                                       1,303,939
<SECURITIES>                                 2,518,709
<RECEIVABLES>                                  497,612
<ALLOWANCES>                                  (32,700)
<INVENTORY>                                    283,358
<CURRENT-ASSETS>                             4,718,235
<PP&E>                                      10,145,917
<DEPRECIATION>                             (1,068,690)
<TOTAL-ASSETS>                              15,054,907
<CURRENT-LIABILITIES>                        1,022,112
<BONDS>                                         57,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        46,675
<OTHER-SE>                                  13,788,402
<TOTAL-LIABILITY-AND-EQUITY>                15,054,907
<SALES>                                      4,289,602
<TOTAL-REVENUES>                             4,474,649
<CGS>                                        1,363,774
<TOTAL-COSTS>                                4,060,900
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,500
<INTEREST-EXPENSE>                            (60,642)
<INCOME-PRETAX>                                469,891
<INCOME-TAX>                                   180,606
<INCOME-CONTINUING>                            289,285
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                    (129,041)
<NET-INCOME>                                   160,244
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        

</TABLE>
<PAGE>

Exhibit 99.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER 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 amended Quarterly Report of Emergency Filtration
Products, Inc. (the Company) on Form 10-QSB for the period ending March 31,
2003, as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Douglas Beplate, Principal Executive 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 Report fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and

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

/s/ Douglas Beplate
Douglas Beplate
Principal Executive Officer
Emergency Filtration Products, Inc.
October 21, 2003
Exhibit



Exhibit 10.4



FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT


THIS FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT is dated as of March 29, 2018 (this "Agreement") by and between, National Storage Affiliates Trust, a Maryland real estate investment trust (the "Company"), and Tamara D. Fischer (the "Executive").


RECITALS


WHEREAS, the undersigned are parties to that certain Employment Agreement dated as of April 28, 2015 (the "Employment Agreement"); and
WHEREAS, the parties hereto desire to amend the Employment Agreement on the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises made herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree to amend the Employment Agreement as follows:
1.Amendment. The Employment Agreement is hereby amended effective July 1, 2018 by deleting references to "Executive Vice President" in Sections 2 and 6.1(b) of the Employment Agreement and replacing them with "President". 


All other provisions of the Employment Agreement not amended herein remain unchanged and in full force and effect in accordance with their terms.








[Signature Page Follows]












IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the day and year first above written.
                        
COMPANY:


NATIONAL STORAGE AFFILIATES TRUST








By:  /s/ Arlen D. Nordhagen
Name:    Arlen D. Nordhagen
Title:    Authorized Signatory




EXECUTIVE:




/s/ Tamara D. Fischer
Name:    Tamara D. Fischer
**CERTIFICATION      OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C.      SECTION 1350**

**AS      ADOPTED PURSUANT TO**

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

| 1.   | The              Company’s Quarterly Report on Form 10-QSB for the period ended September              30, 2007, to which this Certification is attached as Exhibit 32 (the              “Periodic Report”), fully complies with the requirements of Section 13(a)              or Section 15(d) of the Securities Exchange Act of 1934, as amended;              and |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The              information contained in the Periodic Report fairly presents, in all              material respects, the financial condition of the Company at the end              of              the period covered by the Periodic Report and results of operations              of the              Company for the period covered by the Periodic              Report. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                  |   |   |                                                               |
|-------------------------------------------------------|--------|--------|--------------------------------------------------------------------|
| /s/ Peter              A.              Michel    |   |   | /s/ David              G.              Vana                   |
|                                                       |   |   |                                                                    |
| Peter                A. MichelChief Executive Officer |   |   | David                G. VanaChief Financial                Officer |

----