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

No. 10-4830.

United States Court of Appeals, Fourth Circuit.

Submitted: March 31, 2011.

Decided: April 5, 2011.

Brian M. Aus, Durham, North Carolina, for Appellant. Sandra Jane Hairston, Assistant United States Attorney, Anna Mills Wagoner, Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Tyrone Richard Goldston pled guilty to possession with intent to distribute 188 grams of cocaine base (“crack”). He was sentenced to 240 months of imprisonment. On appeal, counsel filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting there are no meritorious grounds for appeal, but raising the following issue: whether the district court abused its discretion in sentencing Goldston. For the reasons that follow, we affirm.

We find no abuse of discretion in the district court’s sentencing of Goldston. *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (noting a district court’s sentence is reviewed for reasonableness under an abuse-of-discretion standard); *United States v. Pauley,*511 F.3d 468, 473 (4th Cir.2007). Here, the district court, after listening to the arguments of counsel, hearing from Gold-ston himself, and expressly considering the 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2010) factors, departed below Goldston’s properly-calculated advisory Sentencing Guidelines range and imposed a mandatory-minimum twenty-year sentence. 21 U.S.C. § 841(b)(1) (2006). Thus, this claim fails.

In accordance with *Anders,*we have reviewed the record in this case and have *279found no meritorious issues for appeal. We therefore affirm Goldston’s conviction and sentence. This court requires that counsel inform Goldston, in writing, of the right to petition the Supreme Court of the United States for further review. If Gold-ston requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Goldston.

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.*
EXHIBIT 32.1

Certification of Chief 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 Quarterly Report on Form 10-Q of Agile Software Corporation (the Company)
for the quarter ended January 31, 2006 as filed with the Securities and Exchange Commission (the Report), I, Bryan D. Stolle, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, that to my
knowledge:

(1) The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company
as of the dates presented and consolidated results of operations of the Company for the periods presented.



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|                     |  | 
|Date: March 13, 2006 |  |  |  | /s/ Bryan D. Stolle    
|                     |  |  |  | Bryan D. Stolle        
|                     |  |  |  | Chief Executive Officer
EXHIBIT 32.1



                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report of Poseidis,  Inc. (the  "Company") on
Form  10-QSB  for the  period  ending  November  30,  2004,  as  filed  with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Louis
Pardo dit Pardau,  Chief  Executive  Officer (or  equivalent  thereof) and Chief
Financial Officer (or equivalent thereof) of the Company,  certify,  pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that, to the best of my knowledge and belief:

     (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.


Date: January 24, 2004

By:  /s/Louis Pardo dit Pardau
-----------------------------------------
Louis Pardo dit Pardau
Chief Executive Officer (or equivalent thereof)
Chief Financial Officer (or equivalent thereof)





------------------------
This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

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 the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.
#### UNITED STATES of America, Plaintiff-Appellee v. Lishon Marcelle HUDSON, Defendant-Appellant.

No. 10-10237

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

April 15, 2011.

Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

William Reynolds Biggs, Assistant Federal Public Defender, Jason Douglas Hawkins, Federal Public Defender, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.

Before WIENER, PRADO, and OWEN, Circuit Judges.

PER CURIAM: *

Lishon Marcelle Hudson pleaded guilty of possession of a controlled substance with intent to distribute and was sentenced to a 135-month term of imprisonment and to a four-year period of supervised release. Hudson contends that the district court committed procedural errors in determining his Sentencing Guidelines offense level and criminal history category.

Our review of the district court’s interpretation and application of the Guidelines in this case is for plain error. *Puckett v. United States,*556 U.S. 129, -, 129 S.Ct. 1423, 1428, 173 L.Ed.2d 266 (2009). To show plain error, Hudson must show a forfeited error that is clear or obvious and that affects his substantial rights. *Id.*at 1429; *see also United States v. Davis,*602 F.3d 643, 647 (5th Cir.2010). If Hudson carries his burden of showing a clear and obvious error that affects his substantial rights, we have the discretion to correct the error but only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. *Puckett,*129 S.Ct. at 1429.

The Government concedes and we agree that the district court committed a clear and obvious error in increasing Hudson’s *344criminal history score pursuant to guidelines section 4Al.l(b). *See*U.S.S.G. § 4Al.l(b) (2009); U.S.S.G. § 4A1.2(a)(l) & comment, (n.l) (2009); *see also United States v. Yerenar-Magana,*478 F.3d 683, 688-89 (5th Cir.2007); *United States v. Southerland,*405 F.3d 263, 266-68 (5th Cir.2005). Hudson has not shown, however, that his substantial rights were affected by the error. *See United States v. Blocker,*612 F.3d 413, 416-17 (5th Cir.), *cert. denied,*— U.S.-, 131 S.Ct. 623, 178 L.Ed.2d 452 (2010).

Hudson contends that the district court violated his Second Amendment right to bear arms in his own home by increasing his offense level pursuant to guidelines section 2D1.1(b)(1). Hudson has not shown that the district court committed a clear or obvious error. *See District of Columbia v. Heller,*554 U.S. 570, 626-27, 128 S.Ct. 2783,171 L.Ed.2d 637 (2008); see *also United States v. Salinas,*480 F.3d 750, 759 (5th Cir.2007) (error must be clear under existing law). The judgment is

AFFIRMED.

*

 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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6773

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GLEN L. FELDER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District

Judge. (CR-97-70016, CA-98-5-R)

Submitted: July 22, 1998 Decided: August 10, 1998

Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Glen L. Felder, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF

THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court’s order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998).

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Felder, Nos. CR-97-70016; CA-98-5-R (W.D.

Va. May 20, 1998). 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.

DISMISSED
---

CONSENT OF EXPERT

March 19, 2012

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, Conrad E. Huss, P.E.,
Ph.D., do hereby consent to the filing of the written disclosure regarding
the technical report entitled Rosemont Copper Project Updated Feasibility
Study, dated January 14, 2009 for the Rosemont Project located in Pima County,
Arizona in the Form 40-F Annual Report dated March 19, 2012, and any amendments
thereto, and the Annual Information Form of Augusta Resource Corporation (the
Company) dated March 19, 2012.

I also consent to the use of my
name in the Companys Form 40-F Annual Report, and any amendments thereto, and
the Annual Information Form dated March 19, 2012 and to the incorporation by
reference of the Companys Annual Report on Form 40-F and any amendments
thereto, and the Annual Information Form dated March 19, 2012 in the Companys
Form S-8 Registration Statement (SEC File No. 333-173297).

| | By: | /s/ Conrad E. Huss                           
| | --- | ---------------------------------------------
| |     | Conrad E. Huss, P.E., Ph.D.                  
| |     | Principal Engineer                           
| |     | M3 Engineering & Technology
      Corporation

---
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ADRIAN GUARDADO,

 Appellant,

v.

THE STATE OF TEXAS,

 State.

'

'

'

'

'

'

No. 08-14-00083-CR

Appeal from the

171st District Court

of El Paso County, Texas 

(TC# 20130D03559)

O R D E R

The Court GRANTS the Appellant’s third motion for extension of time to file the brief 

until August 27, 2014. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO FILE 

THE APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Veronica Teresa Lerma, the Appellant’s Attorney, 

prepare the Appellant’s brief and forward the same to this Court on or before August 27, 2014.

IT IS SO ORDERED this 22

nd day of July, 2014.

PER CURIAM

Before McClure, C.J., Rivera and Rodriguez, JJ.
Exhibit 31.1

                                 CERTIFICATION

I, James Whang, certify that:

         1. I have reviewed this report on Form 10-K and all reports on Form
         10-D required to be filed in respect of the period covered by this
         report on Form 10-K of STRATS(SM) Trust For Procter & Gamble
         Securities, Series 2006-1 (the "Exchange Act periodic reports");

         2. Based on my knowledge, the Exchange Act periodic reports, taken as
         a whole, do 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, all of the distribution, servicing and
         other information required to be provided under Form 10-D for the
         period covered by this report is included in the Exchange Act
         periodic reports;

         4. Based on my knowledge and the servicer compliance statement
         required in this report under Item 1123 of Regulation AB, and except
         as disclosed in the Exchange Act periodic reports, the servicer has
         fulfilled its obligations under the servicing agreement; and

         5. All of the reports on assessment of compliance with servicing
         criteria for asset-backed securities and their related attestation
         reports on assessment of compliance with servicing criteria for
         asset-backed securities required to be included in this report in
         accordance with Item 1122 of Regulation AB and Exchange Act Rules
         13a-18 and 15d-18 have been included as an exhibit to this report,
         except as otherwise disclosed in this report. Any material instances
         of noncompliance described in such reports have been disclosed in
         this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: The Bank of New York, as
Trustee.

Dated: March 28, 2008               By:  /s/ James Whang
                                         --------------------------------------
                                         James Whang
                                         Director
                                         (senior officer of depositor in charge
                                         of securitization)
UNITED STATES OF AMERICA

FEDERAL LABOR RELATIONS AUTHORITY

1400 K STREET N.W. WASHINGTON, D.C. 20424

(202) 218-7900 FAX: (202) 482-6778

www.FLRA.gov

Federal Labor Relations Authority 

HSPD-12 Status 

Update: December 31, 2016

Last Updated: 

December 31, 

2016

Number of 

employees 

requiring PIV 

credentials 

Number of employees 

requiring a NACI (or 

at least equivalent) 

that have not 

previously undergone 

a background check 

Number of 

employees 

requiring a NACI 

(or at least 

equivalent) with 

background 

investigation in 

process 

Total number 

of PIV 

credentials 

Issued to 

Employees

Number of 

contractors 

requiring 

PIV 

credentials 

December 31, 2016 132 7 4 132 0
Exhibit 4.69







PRIVATE & CONFIDENTIAL

COMPENSATION MEMO



|Date: | February 21, 2017 | 
|----- | ----------------- | 
|To:   | Justin Gover      | 
|From: | Tom Lynch         | 
|cc:   | Human Resources   | 



**************************************************************************************



Justin,



I am pleased to inform you of the following compensation decisions,
approved by the Remuneration Committee:



| | Annual Salary- Effective January 1, 2017                                                                                                                              
| | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | New Base Salary:                                                                                                                                                      
| |                                                                                                                                                                       
| | Paid via US Payroll:                                                                                                                                                  
| | Paid via UK Payroll:                                                                                                                                                  
| |                                                                                                                                                                       
| | Please note that effective
January 1, 2017, the company provided pension contribution of 17.5% of your salary and your car allowance of $24,279 per annum
have ceased.



| | Performance Bonus- Discretionary bonus to be paid Mar 3, 2017
| | -------------------------------------------------------------
| | Bonus Amount:                                                



| | Long Term Incentive Plan (LTIP) – Grant date January 6, 2017
| | ------------------------------------------------------------
| | Restricted Stock Options:                                   
| | Performance Stock Options:                                  
| | Market Priced Options:                                      



Thank you for all of your hard work. I
look forward to us working together to achieve yet more this year.
#### In the Matter of the Claim of Ronald Faber, Appellant. Commissioner of Labor, Respondent.

[988 NYS2d 85]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 14, 2013, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Decision affirmed. No opinion.

Garry, J.E, Rose, Egan Jr., Devine and Clark, JJ., concur.

Ordered that the decision is affirmed, without costs.
# EXHIBIT 32.1

# CERTIFICATION PURSUANT
TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report
of CurrencySharesSM Australian Dollar Trust (the Trust) on Form
10-K for the fiscal year ended October 31, 2006 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Carl G. Verboncoeur, Chief
Executive Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and

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

Date: January 29, 2007

/s/ Carl G. VerboncoeurCarl G.
Verboncoeur*Chief Executive Officer(principal executive officer)

*The Registrant is a
trust and Carl G. Verboncoeur is signing in his capacity as the principal executive
officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
Non-Employee Director Compensation Arrangements



 Exhibit 10.19 
 CARDIOMEMS, INC. 
 NON-EMPLOYEE DIRECTOR 
 COMPENSATION ARRANGEMENTS 
 On March 14, 2007, the Board of Directors (the
“Board”) of CardioMEMS, Inc. (“CardioMEMS”) adopted the following compensation program for non-employee directors of the Board to be effective upon the closing of the initial public offering of
CardioMEMS’ common stock (the “Offering”). Pursuant to this program, each member of the Board who is not an employee will receive the following cash compensation for board services, as applicable: 
  

	 	•	 	 $20,000 per year for service as a Board member; 


  

	 	•	 	 $7,500 per year for service as chairman of the audit committee; 


  

	 	•	 	 $5,000 per year for service as chairman of the compensation committee; 


  

	 	•	 	 $5,000 per year for service as chairman of the nominating and corporate governance committee; 


  

	 	•	 	 $1,500 per year for service as a non-chairman member of the audit committee; 


  

	 	•	 	 $1,500 per year for service as a non-chairman member of the compensation committee; 


  

	 	•	 	 $1,500 per year for service as a non-chairman member of the nominating and corporate governance committee; 


  

	 	•	 	 $1,500 for each Board meeting attended in person ($500 for meetings attended by video or telephone conference); and 


  

	 	•	 	 $1,500 for each committee meeting attended in person ($500 for meetings attended by video or telephone conference). 


 CardioMEMS will continue to reimburse its non-employee directors for their reasonable expenses incurred in attending meetings of the Board and committees
of the Board. 
 Additionally, members of the Board who are not employees will receive non-statutory stock options under CardioMEMS’
2006 Equity Incentive Plan, which will become effective immediately upon the signing of the underwriting agreement for the Offering. Each non-employee director joining the Board after the closing of the Offering will automatically be granted a
non-statutory stock option to purchase 30,000 shares of common stock with an exercise price equal to the then fair market value of CardioMEMS’ common stock. On the date of each annual meeting of CardioMEMS’ stockholders beginning
in 2008, each non-employee director will automatically be granted a non-statutory stock option to purchase 12,000 shares of common stock on that date with an exercise price equal to the then fair market value of CardioMEMS’ common stock. Both
the initial grants and annual grants will vest monthly over three years. All stock options granted under the 2006 Equity Incentive Plan will have a term of ten years.
[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Notices]
[Page 50220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23454]


=======================================================================
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SURFACE TRANSPORTATION BOARD


Release of Waybill Data

    The Surface Transportation Board has received a request from 
Thompson Hine LLP, on behalf of itself, Economists, and L.E. Peabody & 
Associates (WB17-44--10/20/17) for permission to use certain unmasked 
data from the Board's 2006-2016 Carload Waybill Samples. A copy of this 
request may be obtained from the Office of Economics.
    The waybill sample contains confidential railroad and shipper data; 
therefore, if any parties object to these requests, they should file 
their objections with the Director of the Board's Office of Economics 
within 14 calendar days of the date of this notice. The rules for 
release of waybill data are codified at 49 CFR 1244.9.
    Contact: Alexander Dusenberry, (202) 245-0319.

Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2017-23454 Filed 10-27-17; 8:45 am]
BILLING CODE 4915-01-P
Table of Contents
 Exhibit 13.2
CERTIFICATION PURSUANT TO 18 U.S.C.  SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE U.S. SARBANES‐OXLEY ACT OF 2002 In connection with the Annual Report of TAM S.A. (the "Company") on Form 20‐F for the fiscal year ended December 31, 2008, as filed with the U.S. Securities and Exchange Commission on the date hereof, as amended by this Amendment No. 2 (the "Report"), I, Líbano Miranda Barroso, Chief Financial Officer, certify, pursuant to 18 U.S.C.  section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes‐Oxley Act of 2002, that to the best of my knowledge: (i)          the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. Securities Exchange Act of 1934; and (ii)         the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. Date:  June 8, 2010 By:/s/ Líbano Miranda BarrosoLíbano Miranda Barroso
Chief Financial Officer


---