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

No. 13-3414.

United States Court of Appeals, Sixth Circuit.

Dec. 16, 2013.

Before: MERRITT, SUTTON and STRANCH, Circuit Judges.

SUTTON, Circuit Judge.

Hector R. Chavez appeals his 120-month sentence for conspiring to possess cocaine with the intent to distribute it. Because everyone — including the government — agrees that the district court erred by failing to determine whether Chavez qualified as an organizer or leader of the criminal enterprise subject to a four-level aggravating-role enhancement, we vacate Chavez’s sentence and remand for resentencing.

Chavez pleaded guilty to conspiring to possess at least five kilograms of cocaine with the intent to distribute it. R. 35 at 2-3; R. 477 at 3. The plea agreement specified the guidelines calculation for Chavez’s offense, but Chavez reserved the right “to argue against the application of the four (4) level enhancement for [playing an] aggravating role” in the crime pursuant to U.S.S.G. § 3B1.1(a). R. 477 at 5. And Chavez did just that — objecting to application of the enhancement in his sentencing memorandum and during argument at his sentencing hearing. R. 619 at 3-6; R. 660 at *11-A1.*

Despite these objections, the district court made no specific finding about whether the facts supported an aggravating-role enhancement in Chavez’s case. *See*R. 660 at 39. It instead accepted the guidelines calculations in Chavez’s presentence report and sentenced him based on the guidelines range that corresponded with those calculations. *Id.*In light of Criminal Rule 32(i)’s requirement that the district court “must — for any disputed portion of the presentence report or other controverted matter — rule on the dispute,” the district court’s silent acquiescence to the presentence report’s application of the aggravating-role enhancement constitutes a reversible procedural error. *See United States v. Ross,*502 F.3d 521, 531 (6th Cir.2007) (requiring “literal compliance” with Rule 32(i), meaning the district court “may not merely summarily adopt the factual findings in the presentence report or simply declare that the facts are supported by a preponderance of the evidence” (internal quotation marks omitted)); *see also United States v. Corzine,*513 Fed.Appx. 452, 456-57 (6th Cir.2013) (vacating and remanding for resentencing because the district court did not affirmatively rule on a disputed issue).

We decline Chavez’s invitation to consider the applicability of the aggravating-role enhancement in the first instance on appeal. Consistent with our customary practice, we vacate Chavez’s sentence and remand for a second sentencing hearing so that the district judge may rule on the applicability of the aggravating-role enhancement and on the related issue of Chavez’s eligibility for the safety valve benefit under U.S.S.G. § 5C1.2.

*773For these reasons, we vacate Chavez’s sentence and remand for resentencing.
Exhibit 10.16



 Exhibit 10.16 
 April 12, 2007 
 Victory Acquisition
Corp. 
 7 Times Square, 17th Floor 
 New York, New York 10036 
 Ladies and Gentlemen: 
 Cullen Investments Limited hereby
agrees that it will not transfer its ownership interests in Cullen International Limited to anyone other than Eric Watson or entities of which he or his family members are the beneficial owners, or beneficiaries of, until one year after Victory
Acquisition Corp. completes a business combination (as such term is defined in the Registration Statement relating to the initial public offering of Victory Acquisition Corp.). 
  

			
	Cullen Investments Limited
		
	By:	 	/s/ Liz A. Style
		 	Name: Liz A. Style
		 	Title: Director
----

**Servicer        Compliance Statement**

| 1.   | I                have reviewed the servicer's activities during the reporting period                and of                its performance under the applicable servicing agreement has been                made                under such officer's supervision; |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2.   | Based                on my knowledge, based on such review, the servicer has fulfilled                all of                its obligations under the agreement in all material respects throughout                the reporting period or, if there has been a failure to fulfill any                such                obligation in any material respect, specifying each such failure                known to                such officer and the nature and status                thereof. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  Signature: |  /s/                 Norman Holmes  |
|------------------|-----------------------------------------------|
|  Name:      |  Norman                Holmes            |
|  Title:     |  Assistant                Vice President |

----

----
---

CONSENT OF EXPERT

March 19, 2012

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, Mark Stevens, do hereby
consent to the filing of the written disclosure of additional exploration
results, that was not part of 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 (File No. 333-173297).

| | By: | /s/
      Mark Stevens     
| | --- | ---------------------------
| |     | Mark Stevens               
| |     | Vice President Explorations
| |     | Augusta Resource Corp.     

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-4952

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MOHAMMED HAMMOUDE, a/k/a Mohammad Hammoudeh,

Defendant - Appellant.

No. 04-6873

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

MOHAMMED HAMMOUDE, a/k/a Mohammed Hammoudeh,

a/k/a Mohammad Hammoudeh,

Defendant - Appellant.

Appeals from the United States District Court for the Eastern

District of Virginia, at Alexandria. Gerald Bruce Lee, District

Judge. (CR-00-9-A)

Submitted: September 20, 2004 Decided: September 29, 2004

Before WILLIAMS, MOTZ, and DUNCAN, Circuit Judges.
- 2 -

Affirmed by unpublished per curiam opinion.

Mohammed Hammoude, Appellant Pro Se. Robert William Wiechering,

Assistant United States Attorney, Alexandria, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 3 -

PER CURIAM:

In these consolidated appeals, Mohammed Hammoude appeals

the district court’s orders denying his post-conviction motions for

return of property under Fed. R. Crim. P. 41(g) and for a downward

departure due to diminished capacity. We have reviewed the record

and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. See United States v. Hammoude,

CR-00-9-A (E.D. Va. filed Oct. 24, 2003; entered Oct. 27, 2003 &

May 17, 2004). 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
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Pages 50426-50427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23681]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Savings and Loan 
Holding Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461 et 
seq.) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 
CFR part 239), and all other applicable statutes and regulations to 
become a savings and loan holding company and/or to acquire the assets 
or the ownership of, control of, or the power to vote shares of a 
savings association and nonbanking companies owned by the savings and 
loan holding company, including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless 
otherwise noted, nonbanking activities

[[Page 50427]]

will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than November 28, 2017.
    A. Federal Reserve Bank of Atlanta (Kathryn Haney, Director of 
Applications) 1000 Peachtree Street NE., Atlanta, Georgia 30309. 
Comments can also be sent electronically to 
<a href="/cdn-cgi/l/email-protection#abeadbdbc7c2c8cadfc2c4c5d885e8c4c6c6cec5dfd8ebcadfc785cdd9c985c4d9cc"><span class="__cf_email__" data-cfemail="3c7d4c4c50555f5d485553524f127f5351515952484f7c5d4850125a4e5e12534e5b">[email protected]</span></a>:
    1. Southeastern Bancorp, Inc., Dickson, Tennessee; to merge with 
Cumberland Bancorp Inc., and thereby acquire Cumberland Bank & Trust, 
both of Clarksville, Tennessee. Southeastern Bancorp, Inc. will retain 
ownership of its savings association subsidiary, First Federal Bank, 
Dickson, Tennessee, and thereby continue to engage in operating a 
savings association. Southeastern Bancorp, Inc. will convert back to a 
savings and loan holding company after the merger of Cumberland Bank & 
Trust with and into First Federal Bank.

    Board of Governors of the Federal Reserve System, October 26, 
2017.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2017-23681 Filed 10-30-17; 8:45 am]
BILLING CODE P


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EX-10.1



 





Exhibit 10.1




Haights Cross Communications, Inc.




Annual Management / Employee Bonus Plan




     Haights Cross Communications, Inc. (together with its direct and indirect subsidiaries,
“Haights Cross”) provides its managers and employees with an opportunity to earn cash bonuses
pursuant to an incentive bonus plan in effect for each fiscal year known as the “Annual Management
/ Employee Bonus Plan” (the “Bonus Plan”). Compensation payouts to participants under the Bonus
Plan are based on a participant’s achievement of defined objectives and such participant’s
applicable Bonus Percentage (as defined below). Qualification to receive a payout under the Bonus
Plan for (i) each employee considered an executive or manager, is generally based 60% on the
achievement of certain pre-defined business profit and cash flow goals, and 40% on the completion
of pre-defined, non-quantitative business improvement projects and initiatives, and (ii) for each
employee not considered an executive or manager, is based 100% on the achievement of certain
pre-defined business profit and cash flow goals. The pre-defined business profit and cash flow
goals are recommended by Haights Cross senior management and approved by the board of directors.
Annual bonuses payable to our Chairman and CEO, Peter J. Quandt, and our Executive Vice President
and Chief Financial Officer, Paul J. Crecca, are subject to the minimum bonus amounts payable as
provided in their respective employment agreements dated January 31, 2007 as previously filed.



     The amount of a participant’s payout under the Bonus Plan is determined as a percentage of the
participant’s annual base compensation (“Bonus Percentage”), with the Bonus Percentage being
different depending upon the participant’s level within the organization. The more senior the
executive or manager, the greater the Bonus Percentage opportunity under the Bonus Plan. Target
Bonus Percentages for executives (excluding Messrs. Quandt and Crecca) and managers range from
approximately 15% to approximately 44%, based on achieving the stated objectives of the Bonus Plan,
and Bonus Percentages for employees not considered executives or managers range from approximately
5% to approximately 10%, based on achieving the stated objectives of the Bonus Plan. The amount of
a participant’s payout under the Bonus Plan is subject to proportional adjustment in the event
actual results are at least 85% (for operating unit employees) or 90% (for corporate headquarters
officers) of the stated objectives, and in the event actual results exceed the stated objectives
(with a maximum payout of 1.5 times an employee’s Bonus Percentage). A participant will not
receive a payout if such participant does not achieve at least 85% (for operating unit employees)
or 90% (for corporate headquarters officers).



     Determination of goal achievement and payouts under the Bonus Plan are made upon completion of
the fiscal year audit, generally March following the end of the applicable fiscal year. In certain
cases, new employees hired during a fiscal year must wait until the following fiscal year before
participating in the Bonus Plan.
OrgNo OrgName Reason for Action License No. Termination Notice Comments

009885 AIR‐CITY, INC VOLUNTARY SURRENDER 009885NF 4/27/2023

031883 AJ SMART LOGIS INC VOLUNTARY SURRENDER 031883NF 4/7/2023

023077 AMERICARGO EXPRESS, INC. FAILURE TO MAINTAIN BONDS 023077NF 4/14/2023

027669 BEST SKYOCEAN LOGISTICS INC FAILURE TO MAINTAIN BONDS 027669NF 4/19/2023

025495 BST INTERNATIONAL LOGISTICS INC VOLUNTARY SURRENDER 025495F 4/1/2023

030962 CARGOTEX LOGISTICS INC. FAILURE TO MAINTAIN BONDS 030962NF

4/12/2023 NVOCC

4/28/2023 OFF

027071 CITY POST EXPRESS, INC. FAILURE TO MAINTAIN BONDS 027071NF 4/13/2023

000772 COMBI MARITIME CORPORATION FAILURE TO MAINTAIN A BOND 016926N 4/15/2023

030684 H & K WORLDWIDE LOGISTICS, LLC FAILURE TO MAINTAIN A BOND 030684N 4/19/2023

011870 I.T.N. CONSOLIDATORS, INC. VOLUNTARY SURRENDER 011870N 4/28/2023

014382 KFS, INC. VOLUNTARY SURRENDER 004232NF 4/27/2023

026063 KK FREIGHT INTERNATIONAL INC. FAILURE TO MAINTAIN BONDS 026063NF 4/16/2023

028061 REGIMENT LOGISTICS LLC FAILURE TO MAINTAIN A BOND 028061F 4/1/2023

031048 SEAWAY LINES LLC FAILURE TO MAINTAIN A BOND 031048N 4/27/2023

026330 SHIP FREE OVERSEAS, LLC FAILURE TO MAINTAIN BONDS 026330NF 4/20/2023

021965 SUPREME INTERNATIONAL, LLC VOLUNTARY SURRENDER 021965NF 4/1/2023

026767 THE CARGO INTERNATIONAL LOGISTICS FAILURE TO MAINTAIN BONDS 026767NF 4/29/2023

027315 THE ROLL ON ROLL OFF COMPANY LLC FAILURE TO MAINTAIN BONDS 027315NF 4/20/2023

017171 TLI SHIPPING, LLC VOLUNTARY SURRENDER 017171NF 4/13/2027

FEDERAL MARITIME COMMISSION

Ocean Transportation Intermediary License Revocations & Surrenders

April 1, 2023 to April 30, 2023
Home > Engagements > Commissioner Dye Speaking to NAWE

## Commissioner Dye Speaking to NAWE

Posted on:

January 30, 2024
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2660 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2660

    To amend the Federal Water Pollution Control Act to codify the 
 definition of the term ``waters of the United States'', and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2021

  Mr. Latta (for himself, Mr. Perry, Mr. Arrington, Mrs. Wagner, Mr. 
Johnson of South Dakota, Mr. Stivers, Mr. Carl, Mr. Cloud, Mr. Joyce of 
  Pennsylvania, Ms. Mace, Mrs. Hinson, Mr. Walberg, Mr. Burgess, Mr. 
  McKinley, Mrs. McClain, Mr. Jackson, and Mr. Pence) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Water Pollution Control Act to codify the 
 definition of the term ``waters of the United States'', and for other 
                               purposes.

    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 ``Withstanding Attempts to Encroach on 
our Resources Act of 2021'' or the ``WATER Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In June 2015, the Corps of Engineers and the 
        Environmental Protection Agency published a final rule 
        (hereinafter referred to as the ``2015 WOTUS rule'') to revise 
        regulations defining the scope of waters protected and 
        regulated under the Clean Water Act.
            (2) The 2015 WOTUS rule significantly expanded the scope of 
        Federal jurisdiction under the Clean Water Act over virtually 
        all waters and wet areas in the United States.
            (3) On April 21, 2020, the Environmental Protection Agency 
        and the Corps of Engineers revisited the 2015 WOTUS rule and 
        finalized a revised definition of the term ``waters of the 
        United States'' to address legal, economic, and jurisdictional 
        concerns surrounding the previous definition.
            (4) The 2015 WOTUS rule infringed on the rights of property 
        owners, particularly in agricultural communities, and 
        represented an alarming regulatory overreach of the executive 
        branch into policies that should be addressed by the 
        legislative branch through the legislative process.

SEC. 3. DEFINITION.

    Section 502(7) of the Federal Water Pollution Control Act (33 
U.S.C. 1362(7)) is amended by striking ``, including the territorial 
seas.'' and inserting ``(as such term is defined in section 120.2 of 
title 40, Code of Federal Regulations, as in effect on June 22, 
2020).''.
                                 <all>
```
##### 



Exhibit 32 Certification of
the Chief Executive Officer and Chief Financial Officer
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. 1350) In connection with this Quarterly Report on Form 10-Q of Telecomunicaciones de Puerto Rico,
Inc. (the Company) for the quarterly period ended March 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the Report), Cristina M. Lambert,
as Chief Executive Officer of the Company, and Adail Ortiz, as Chief Financial Officer of the
Company, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the
best of their knowledge: 1. This 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. /s/ Cristina M. Lambert
    
    /s/ Adail OrtizBy: Cristina M. Lambert
    
    By: Adail OrtizTitle: Chief Executive Officer
    
    Title: Chief Financial OfficerDate: May 16, 2005
    
    Date: May 16, 2005
OrgNo Organization Name Reason for Action Termination Date

027786 GLORY SHINE INTERNATIONAL LOGISTICS COMPANY LIMITED Failure to Maintain a Bond 3/29/2021

022755 H&C SHIPPING CO., LTD. Failure to Maintain a Bond 4/15/2021

021140 TOSHIBA LOGISTICS CORPORATION Failure to Maintain a Bond 4/26/2021

026610 WCL SHIPPING LIMITED Failure to Maintain a Bond 4/5/2021

FEDERAL MARITIME COMMISSION

Foreign Registered NVOCC Termination & Surrenders

March 26, 2021  to April 26, 2021
---

Exhibit 32

CERTIFICATION

Pursuant to 18 U.S.C. 1350(Section 906 of the Sarbanes-Oxley
Act of 2002)

In connection with the Annual
Report on Form 10-K/A of Independence Energy Corp. (formerly, Oliver Creek
Resources Inc.) (the Company) for the year ended January 31, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the Report),
Bruce Thomson, as Chief Executive Officer and Chief Financial Officer of the
Company, hereby certifies, 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;
  and                                   
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                 
| | (2) | The information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.

|Date: September 29, 2008 | By: /s/ Bruce Thomson  
|------------------------ | -----------------------
|                         |                        
|                         | Bruce Thomson          
|                         | Chief Executive Officer
|                         | Chief Financial Officer

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

A signed original 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.

---
Exhibit 32.1





CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

AND PRINCIPAL 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 Quarterly Report of CoConnect, Inc. (the "Company") on Form 10-QSB for the quarter ended March 31, 2006, Robert Thele and Dean H. Becker hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of their knowledge:



a.

the quarterly report fully complies with the requirements of Section 13(a) of the securities Exchange Act of 1934; and



b.

the information contained in the quarterly report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/ Robert Thele

Robert Thele, Chief Executive Officer

(Principal Executive Officer)



/s/ Dean H. Becker

Dean H. Becjer, Chief Financial Officer

(Principal Financial Officer)



May 22, 2006



10