alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This opinion is subject to administrative correction before final disposition.

Before GASTON, HOUTZ, and MYERS Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v.
William E. MERRITT Lance Corporal (E

- 3 ), U.S. Marine Corps Appellant
No. 20 2 100341

_________________________

Decided: 28 March 2022 Appeal from the United States Navy

- Marine Corps Trial Judiciary
Military Judge : Stephen F. Keane
Sentence adjudged 3 September 2021 by a special court

- martial convened at Marine Corps Base Camp Pendleton, California, consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : reduction to E

- 1, confinement for 50 days , and a bad

- conduct discharge.
For Appellant: Captain Thomas P. Belsky , JAGC, USN

_________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2 (a)

.

_________________________United States v. Merritt , NMCCA No. 20 2100341 Opinion of the Court

2 PER CURIAM : After careful consideration of the record, submitted without assignment of error, we have determined that the findings and sentence are correct in law and fact and that no error materially prejudicial to Appellant’s substantial rights occurred. 1 T he findin gs and sentence are AFFIRMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the annual report of Super Luck, Inc. (the "Company") on Form 10-KSB for the period ended November 30, 2007 (the "Report"), I, Wilson Cheung, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 1) The Report fully complies with the requirement 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 Company's financial position and results of operations.  /s/Wilson CheungWilson Cheung, Chief Financial Officer March 13, 2008
Exhibit 31.1

                                  CERTIFICATION

I, Louis Pardo, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Poseidis, Inc.;

2. Based on my  knowledge,  this  quarterly  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 quarterly
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information included in this 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. The  registrant's  other  certifying  officer(s)  and I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

     (a)  Designed  such  disclosure  controls  and  procedures,  or caused such
disclosure  controls and  procedures to be designed  under our  supervision,  to
ensure that  material  information  relating to the  registrant,  including  its
consolidated subsidiaries,  is made known to us by others within those entities,
particularly during the period in which this report is being prepared;
     (b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures; and presented in this report our conclusions about the effectiveness
of the disclosure  controls and procedures,  as of the end of the period covered
by this report based on such evaluation; and
     (c)  Disclosed  in this  report  any  change in the  registrant's  internal
control over financial  reporting that occurred during the  registrant's  fiscal
quarter that has  materially  affected,  or is  reasonably  likely to materially
affect, the registrant's internal control over financial reporting; and

5. The registrant's other certifying officers and I have disclosed, based on our
most recent  evaluation of internal  control over  financial  reporting,  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 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 control over
financial reporting.

Date:  October 2, 2006
                                        /s/ Louis Pardo
                                       -------------------------------
                                       Louis Pardo
                                       Chief Executive Officer and President
#### In the Matter of Mary Harp SHANKLES, doing business as Red River Reporter, Debtor. Mark Asher Weisbart, U.S. Trustee; Hynds & Gordon, P.C.; David N. McNees, doing business as Law Office of David N. McNees, Appellees v. Mary Harp Shankles, doing business as Red River Reporter, Appellant.

No. 13-40387.

United States Court of Appeals, Fifth Circuit.

Feb. 12, 2014.

Gary Alan Armstrong, Armstrong, Kel-lett & Bartholow, P.C., Charles Thomas Frazier, Jr., Esq., Alexander Dubose *&*Townsend, L.L.P., Dallas, TX, for Appel-lees.

John Paul Lewis, Jr., Esq., Dallas, TX, for Appellant.

Before STEWART, Chief Judge, and GARZA and SOUTHWICK, Circuit Judges.

PER CURIAM: *

Because we agree with the bankruptcy court that Mary Harp Shankles obtained a “vested economic interest” in her homestead property only by the 2009 distribution deed, we affirm. *Wallace v. Rogers (In re Rogers),*513 F.3d 212, 223 (5th Cir.2008). We further agree with the bankruptcy court that any relevant prior deeds, conveyances, or agreements were rendered null and void *ab initio,*and that parties cannot contract around the 11 *301U.S.C. § 522(p)(l) 1,215-day “look-back” period.

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.
**Exhibit      32.2**

**CERTIFICATION      OF **
**CHIEF      FINANCIAL OFFICER**

**UNDER**

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

|                                       |   |                                                                                                                                                                                                                                                                                                                                              |
|--------------------------------------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Date: November                9, 2005 |   | /s/                JOSEPH                J. WALLACE                                                                                                                                                                                                                                                                                               |
|                                       |   | Joseph                J. Wallace                                                                                                                                                                                                                                                                                                                  |
|                                       |   | Chief                Financial                Officer                                                                                                                                                                                                                                                                                             |
|                                       |   |                                                                                                                                                                                                                                                                                                                                              |
|                                       |   | A                signed original of this written statement required by Section 906                has been                provided to Collectors Universe, Inc. and will be retained by Collectors                Universe, Inc. and furnished to the Securities and Exchange Commission                or                its staff upon request. |
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3572 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3572

 To provide a cost-of-living increase for Social Security benefits for 
                          2010 of 2.9 percent.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2009

Mr. Alexander introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To provide a cost-of-living increase for Social Security benefits for 
                          2010 of 2.9 percent.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COLA Assistance Act of 2009''.

SEC. 2. SOCIAL SECURITY COST-OF-LIVING INCREASE OF 2.9 PERCENT FOR 
              2010.

    Notwithstanding any provision of section 215(i) of the Social 
Security Act (42 U.S.C. 415(i)) to the contrary--
            (1) for purposes of such section 215(i), the applicable 
        increase percentage (as defined in section 215(i)(1)(C) of such 
        Act) with respect to the base quarter (as defined in section 
        215(i)(1)(A)(i) of such Act) in 2009 shall be deemed to be 2.9 
        percent; and
            (2) for purposes of such section 215(i) (and any provision 
        of law cross-referring to such section 215(i) or otherwise 
        providing for increases based on increases occurring under such 
        section 215(i)), the increase under section 215(i)(2)(A)(ii) of 
        such Act resulting from the application of this section shall 
        be deemed to be an increase under such section 215(i) and not a 
        general benefit increase.
                                 <all>
```
I 

111TH CONGRESS 

1ST SESSION H. R. 297 

To amend title 38, United States Code, to provide for an increase in the 

amount of subsistence allowance payable by the Secretary of Veterans 

Affairs to veterans participating in vocational rehabilitation programs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. BUYER (for himself, Mr. BILIRAKIS, Mr. BOOZMAN, and Mr. BUCHANAN) 

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

Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for an 

increase in the amount of subsistence allowance payable 

by the Secretary of Veterans Affairs to veterans participating in vocational rehabilitation programs, 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 ‘‘Veteran Vocational Re5 habilitation and Employment Subsistence Allowance Im6 provement Act of 2009’’. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 297 IH

1 SEC. 2. INCREASE IN AMOUNT OF SUBSISTENCE ALLOW2 ANCE PAYABLE TO VETERANS PARTICI3 PATING IN VOCATIONAL REHABILITATION 

4 PROGRAM. 

5 (a) INCREASE IN SUBSISTENCE ALLOWANCE.—Sec6 tion 3108(b)(1) is amended by striking the table and in7 serting the following new table: 

Column 

I 

Column 

II 

Column 

III 

Column 

IV Column V 

Type of 

program 

No 

dependents 

One 

dependent 

Two 

dependents 

More than 

two dependents 

....................... .................. ................ .................. The amount in column 

IV, plus the following 

for each dependent in 

excess of two: 

Full-time ....... $1,200 $1,500 $1,800 $120 

Three-quarter 

time.

$900 $1,125 $1,350 $90 

Half-time ...... $600 $750 $900 $60 

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

9 subsection (a) shall apply with respect to a payment made 

10 for the third month beginning after the date of the enact11 ment of this Act and each subsequent month. 

12 SEC. 3. EXPANSION OF AVAILABILITY OF EMPLOYMENT AS13 SISTANCE ALLOWANCE FOR VETERANS 

14 USING EMPLOYMENT SERVICES. 

15 Section 3108(a) is amended— 

16 (1) in paragraph (1), by adding at the end the 

17 following new sentence: ‘‘In the case of a veteran 

18 with a service-connected disability who the Secretary 

19 determines has reached a point of employability and 


wwoods2 on PRODPC68 with BILLS
3 

•HR 297 IH

1 who is participating only in a program of employ2 ment services provided under section 3104(a)(5) of 

3 this title, the Secretary shall pay the veteran a sub4 sistence allowance as prescribed in this section for 

5 three months while the veteran is satisfactorily pur6 suing such program.’’; and 

7 (2) by striking paragraph (2) and redesignating 

8 paragraph (3) as paragraph (2). 

Æ 


wwoods2 on PRODPC68 with BILLS
Third Amendment to the Dynegy Inc. Deferred Compensation Plan


 Exhibit 10.37 
 THIRD AMENDMENT TO THE DYNEGY INC. 
 DEFERRED COMPENSATION PLAN FOR CERTAIN DIRECTORS

 WHEREAS, Dynegy Inc., an Illinois corporation (“Dynegy Illinois”), has heretofore established and maintains the
Dynegy Inc. Deferred Compensation Plan for Certain Directors (the “Plan”); 
 WHEREAS, Dynegy Illinois has entered into that
certain Plan of Merger, Contribution and Sale Agreement by and among Dynegy Illinois, LSP GEN Investors, L.P., LS Power Partners, L.P., LS Power Equity Partners PIE I, L.P., LS Power Equity Partners, L.P., LS Power Associates, L.P., Falcon Merger
Sub Co., and Dynegy Acquisition, Inc., executed September 14, 2006 (the “Merger Agreement”); 
 WHEREAS, pursuant to
the transactions contemplated in the Merger Agreement, Dynegy Illinois will become a wholly-owned subsidiary of a newly-formed Delaware corporation, named “Dynegy Inc.” (the “Company”), and Dynegy Illinois will thereafter be
renamed “Dynegy Illinois Inc.”, as of the Effective Time specified in the Merger Agreement (the “Effective Time”); 
 WHEREAS, in connection with the completion of such transactions, the Board of Directors of Dynegy Illinois and the Company have approved the adoption, assumption and sponsorship of the Plan by the Company; and 
 WHEREAS, as of the Effective Time, Dynegy Illinois will withdraw as the sponsor of the Plan and the Company will assume sponsorship of the Plan;

 NOW THEREFORE, the Plan is hereby amended as follows, effective as of the Effective Time: 
 1. All references in the Plan to “Company” shall become references to Dynegy Inc., a Delaware corporation. 
 2. All references in the Plan to “Common Stock” shall become references to Class A common stock, $0.01 par value per share, of Dynegy
Inc., a Delaware corporation.” 
 3. Except as modified herein, the Plan shall remain in full force and effect. This Third Amendment may
be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 
 [Remainder of page intentionally left blank] 
  

 1 







 IN WITNESS WHEREOF, the undersigned has caused this Amendment to the Plan to be executed on the date
indicated below, to be effective as of the Effective Time. 
  

			
	 DYNEGY ILLINOIS INC.
 (formerly
known as Dynegy Inc.),
 an Illinois corporation

		
	By:	 	/s/ J. Kevin Blodgett
		
	Title:	 	Executive Vice President, Administration
		
	Date:	 	April 2, 2007


  

			
	Approved and accepted:
	
	 DYNEGY INC.,
 a Delaware
corporation

		
	By:	 	/s/ J. Kevin Blodgett
		
	Title:	 	Executive Vice President, Administration
		
	Date:	 	April 2, 2007


  

 2
<TABLE> <S> <C>

<ARTICLE>                              5
<MULTIPLIER>                           1,000

<S>                                    <C>
<PERIOD-TYPE>                                6-MOS
<FISCAL-YEAR-END>                      FEB-03-2001
<PERIOD-START>                         JAN-30-2000
<PERIOD-END>                           JUL-29-2000
<CASH>                                         882
<SECURITIES>                                     0
<RECEIVABLES>                                  922
<ALLOWANCES>                                     0
<INVENTORY>                                 25,444
<CURRENT-ASSETS>                            31,653
<PP&E>                                      47,107
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                             194,520
<CURRENT-LIABILITIES>                       41,557
<BONDS>                                    100,140
<COMMON>                                         0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                  48,981
<TOTAL-LIABILITY-AND-EQUITY>               194,520
<SALES>                                    150,716
<TOTAL-REVENUES>                           150,716
<CGS>                                      101,254
<TOTAL-COSTS>                               49,450
<OTHER-EXPENSES>                             6,287
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                           6,992
<INCOME-PRETAX>                            (13,054)
<INCOME-TAX>                                (5,561)
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                (7,493)
<EPS-BASIC>                                    0
<EPS-DILUTED>                                    0



</TABLE>
#### Francisco Javier Rodriguez GODINES, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 04-71874.

United States Court of Appeals, Ninth Circuit.

Submitted April 22, 2008 *.

Filed May 2, 2008.

Francisco Javier Rodriguez Godines, Palm Springs, CA, pro se.

*675Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. Lefevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, OIL, DOJ — U.S. Department of Justice, Civil Div./Offiee of Immigration Lit., Washington, DC, for Respondent.

Before: GRABER, FISHER, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. *675R.App. P. 34(a)(2).

MEMORANDUM **

Francisco Javier Rodriguez Godines, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s continuous physical presence determination, *Ibanrra-Flores v. Gonzales,*439 F.3d 614, 618 (9th Cir.2006), and we grant in part and deny in part the petition for review, and remand.

An intervening change in the law requires us to remand this case. It is not possible to determine from the record whether petitioner’s departure in April 1998 was knowing and voluntary and under threat of deportation. *See id.*at 619 (voluntary departure under threat of deportation breaks the accrual of continuous physical presence only where the alien is informed of and accepts the terms of the voluntary departure); *see also Tapia v. Gonzales,*430 F.3d 997, 998, 1004 (9th Cir.2005). It is also not possible to determine whether he had an opportunity to appear before an IJ. *See Gutierrez v. Mukasey,*521 F.3d 1114, 1117-18 (9th Cir. 2008). We therefore grant the petition for review and remand for further factfinding consistent with *Ibarra-Flores, Tapia*and *Gutienez.*

Petitioner’s challenge to streamlining is foreclosed by *Falcon Carriche v. Ashcroft,*350 F.3d 845, 852 (9th Cir.2003).

In light of this disposition, we need not reach petitioner’s other contentions.

PETITION FOR REVIEW GRANTED in part; DENIED in part; REMANDED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.