alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Steven Paul PETERS, Defendant—Appellant.

No. 09-30387.

United States Court of Appeals, Ninth Circuit.

*218Submitted Oct. 19, 2010.*

Filed Oct. 29, 2010.

Carl E. Rostad, Assistant U.S., USGF-Office of the U.S. Attorney, Great Falls, MT, for Plaintiff-Appellee.

Daniel R. Wilson, Esquire, Measure & Wilson P.C., Kalispell, MT, for Defendant-Appellant.

Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.

*

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

MEMORANDUM **

Steven Paul Peters appeals from his low-end 70-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Peters contends that the district court imposed a substantively unreasonable sentence because the sentence fails to sufficiently account for the time served on a state sentence for the same conduct. The record reflects that the district court did not procedurally err, *see United States v. Carty, 520 F.3d*984, 991-93 (9th Cir.2008) (en banc), and that, under the totality of the circumstances, the sentence at the bottom of the guidelines range is substantively reasonable. *See Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586,169 L.Ed.2d 445 (2007); *see also Carty, 520*F.3d at 993.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
EXHIBIT 31.1

               CERTIFICATION PURSUANT TO RULE 13A-14(D)/15D-14(D)
                    UNDER THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony N. Renzi, 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 GMACM  Mortgage  Loan Trust  2006-AR2  (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. I am responsible for reviewing the activities  performed by the servicers and
   based on my knowledge and the compliance  reviews  conducted in preparing the
   servicer  compliance  statements  required in this report  under Item 1123 of
   Regulation AB, and except as disclosed in the Exchange Act periodic  reports,
   the servicers have fulfilled their obligations under the servicing agreements
   in all material respects; 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 parties:  JPMorgan Chase Bank, N.A.
and The Bank of New York Trust Company, N.A.

Date:  March 26, 2007

By:     /s/ Anthony N. Renzi
        Name:  Anthony N. Renzi
        Title: Executive Vice President
EXHIBIT 32.2



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 SFBC International, Inc. (the Company) on Form 10-Q for the period ending June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I David Natan, 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 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/ David Natan

Chief Financial Officer



Date:   August 3, 2004







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 CHIEF EXECUTIVE OFFICER PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

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

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

| By:                                  | /s/                Hui                Xiaobing |   |   |   |   |   |   |
|--------------------------------------|------------------------------------------------|--------|--------|--------|--------|--------|--------|
|                                 | Hui                Xiaobing                    |   |   |   |   |   |   |
|                                 | Chief                Executive Officer         |   |   |   |   |   |   |
|                                 |                                           |   |   |   |   |   |   |
| Date:                October 3, 2008 |                                           |   |   |   |   |   |

----
---

CERTIFICATION OF CHIEF EXECUTIVE OFFICERAND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION
1350

In connection with the accompanying quarterly report on Form
  10-Q of EWRX Internet Systems for the quarter ending September 30, 2009, I,
  Jessica Q. Wang, Chief Executive Officer and Principal Accounting Officer of
  EWRX Internet Systems hereby certify pursuant to 18 U.S.C. Section 1350, as
  adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, to the best
  of my knowledge and belief, that:

|1. | Such quarterly report of Form 10-Q for the quarter ending
        September 30, 2009, 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 such quarterly report of
        Form 10-Q for the quarter ending September 30, 2009, fairly represents
        in all material respects, the financial condition and results of operations
        of EWRX Internet Systems.

Date: November 13, 2009

EWRX Internet Systems

By:    /s/ Jessica Q. Wang
         Jessica Q. Wang
         Chief Executive Officer and
Principal Accounting Officer

---
Exhibit 10.4


 


EXHIBIT B-3


 


ALLONGE


 


This Allonge is made to that Senior Secured Incremental
Note, certificate B-2, dated October 7, 2021 (the “Note”), in the original principal sum of four hundred ninety-nine thousand
nine hundred and sixty-one dollars ($499,961.00) issued by Pareteum Corporation, a Delaware corporation to Channel Ventures Group, LLC,
a Delaware limited liability company, pursuant to that certain Joinder Agreement dated November 26, 2021 and subject to the terms of that
Securities Purchase Agreement dated as of June 8, 2020, as amended from time to time.


 


Pay to the order of Circles MVNE Pte. Ltd., WITHOUT
REPRESENTATION, WARRANTY OR RECOURSE WHATSOEVER, except as expressly set forth in the Note Sale Contract dated as of April 25, 2022,
made and entered into by and between the undersigned, as seller, and Circles MVNE Pte. Ltd., as purchaser and acknowledged and agreed
to by Pareteum Corporation, as issuer.


 


Dated as of April 25, 2022.


  


	 	CHANNEL VENTURES GROUP, LLC
	 	 	 
	 	 	 
	 	By:	/s/ Markwin Maring
	 	Name: Markwin Maring
	 	Title: Statutory Director
# 04-16793 Lesane v. Aloha Airlines

Noonan, Hawkins, Thomas, CJJ

23.667011
#### Lazaro Nazario VAIL-DIAZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-74634.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 5, 2010.

Filed Nov. 17, 2010.

Teresa Salazar-Cosmos, Daly City, CA, pro se.

Ada Elsie Bosque, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: HALL and THOMAS, Circuit Judges, and RESTANI, Judge.*

*

 The Honorable Jane A. Restani, Judge of the United States Court of International Trade, sitting by designation.

*287MEMORANDUM **

Lazaro Nazario Vail-Diaz, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals (“BIA”) decision affirming the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture. We deny the petition.

The BIA properly rejected Vail-Diaz’s asylum claim as time-barred. Vail-Diaz did not file an application for asylum within the statutorily mandated period of one year. 8 U.S.C. § 1158(a)(2)(B). Substantial evidence supports the BIA’s conclusion that Vail-Diaz had not proven the extraordinary circumstances necessary to justify the late filing.

Substantial evidence also supports the BIA’s adverse credibility determination. Vail-Diaz’s testimony was inconsistent on numerous occasions, and those inconsistencies went to the heart of his claim. In addition, when read as a whole, the record demonstrates frequent changes in VailDiaz’s story when asked for clarification about the details, which supports the BIA’s determination that he was not credible. Therefore, the BIA did not err in rejecting his application for withholding of removal.

Substantial evidence also supports the BIA’s conclusion that Vial-Diaz did not establish it was more likely than not that he would be tortured upon his return to Guatemala, and thus ineligible for relief under the Convention Against Torture. 8 C.F.R. § 1208.16(c)(2). Vial-Diaz has returned to Guatemala numerous times since he left, and his wife and children continue to live there unharmed.

PETITION DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
1 In The


### Court of Appeals
Ninth District of Texas at Beaumont

__________________ N O . 09

- 22

- 00100

- CV

__________________ AMBER RENEE FENNEL , Appellant

V.

TOM ALAN FENNEL , Appellee

__________________________________________________________________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 21

- 04

- 05951

- CV

__________________________________________________________________ MEMORANDUM OPINION

Amber Renee Fennel , a ppellant, filed an unopposed motion to dismiss this
appeal. See Tex. R. App. P. 42.1(a)(1). Appellant filed the motion before the
appellate court i ssued a decision in the appeal. We grant the motion and dismiss the
appeal. See Tex. R. App. P. 43.2(f).

APPEAL DISM I SSED. PER CURIAM Submitted on November 16, 2022 Opinion Delivered November 17, 2022 Before Golemon, C.J., Horton and Johnson, JJ.
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Exhibit 4.2.2

AMENDMENT NO. 2 TO THE

AMENDED AND RESTATED

DECLARATION OF TRUST AND TRUST AGREEMENT

OF

DB
G10 CURRENCY HARVEST MASTER FUND

This Amendment No. 2 (Amendment No. 2) to the Amended and
Restated Declaration of Trust and Trust Agreement dated as of September 12, 2006 (the Declaration of Trust) of DB G10 Currency Harvest Master Fund (the Master Fund) by and among DB Commodity Services LLC
(the Managing Owner), Wilmington Trust Company and PowerShares DB G10 Currency Harvest Fund.

WHEREAS, the Managing Owner has obtained the written approval of PowerShares DB G10 Currency Harvest Fund (the Limited
Owner) to amend the Declaration of Trust to memorialize changes to certain fee provisions disclosed in the Declaration of Trust; and

WHEREAS, the Managing Owner wishes to amend the Declaration of Trust pursuant to Section 11.1(a) thereof to give effect to
the foregoing.

NOW, THEREFORE, in consideration of the premises and of other good and valuable consideration, the
receipt and sufficiency of all of which are hereby acknowledged, the Declaration of Trust is amended as follows:



| | 1. | Effective as of January 4, 2010, Section 4.9 shall be amended and replaced in its entirety as follows:
| | -- | ------------------------------------------------------------------------------------------------------

SECTION 4.9. Compensation to the Managing Owner. The Managing Owner shall be entitled to compensation for
its services as managing owner of the Trust as set forth in the Prospectus.



| | 2. | This Amendment No. 2 to the Declaration of Trust shall be governed by, and construed in accordance with, the laws of the State of Delaware.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------

Remainder of page left blank intentionally.



---

IN WITNESS WHEREOF, this Amendment No. 2 has been executed
for and on behalf of the undersigned effective as of the
4thday of January, 2010.



DB COMMODITY SERVICES LLC,
as Managing OwnerBy:

/s/ Martin KremensteinName:

Martin KremensteinTitle:

Director and Chief
Operating OfficerBy:

/s/ Michael GilliganName:

Michael GilliganTitle:

Principal Financial Officer


Acknowledged:

WILMINGTON TRUST COMPANY, not in its

individual capacity but solely as Trustee

of
the Master Fund



|    |  |                    |  |               
|--- |  | ------------------ |  | --------------
|    | 
|By: |  | /s/ Joseph B. Feil
|    |  | Name:              |  | Joseph B. Feil
|    |  | Title:             |  | Vice President
EXHIBIT 32.2

                            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 Organic Sales and Marketing,  Inc.
(the  "Company") on Form 10-KSB for the fiscal year ended  September 30, 2008 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Mark J. McEvoy, 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  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: January 12, 2009

                                                         /s/ Mark J. McEvoy
                                                         -----------------------
                                                         Mark J. McEvoy
                                                         Chief Financial Officer
exv10w2



 








Exhibit 10.2




JOINT FILING AGREEMENT




 






PURSUANT TO RULE 13d-1(k)(1)




 







     This Agreement is made pursuant to Rule 13d-1(k)(1) under the Securities Exchange Act of 1934,
as amended (the “Act”) by and among the parties listed below, each referred to herein as a “Joint
Filer.” The Joint Filers agree that a statement of beneficial ownership as required by Section
13(d) of the Act and the Rules thereunder may be filed on each of their behalf on Schedule 13D or
Schedule 13G, as appropriate, and that said joint filing may thereafter be amended by further joint
filings. The Joint Filers state that they each satisfy the requirements for making a joint filing
under Rule 13d-1.



Dated: April 20, 2007




[remainder of page intentionally blank]





 









 








     IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.



	 	 	 	 	 
	 	High Desert Gaming, LLC

 	 
	 	By:  	/s/ Gregory A. Carlin
 	 
	 	 	Name:  	Gregory A. Carlin 	 
	 	 	Title:  	Manager 	 
	 
	 
	 	Lamb Partners

 	 
	 	By:  	Lamb, LLC
 	 
	 	 	Its Partner 	 
	 	 	 	 
	 
	 	 	 	 
	 	By:  	/s/ Neil G. Bluhm
 	 
	 	 	Name:  	Neil G. Bluhm 	 
	 	 	Title:  	Manager 	 
	 
	 	 	 	 
	 	By:  	Lamb Investors, Inc.
 	 
	 	 	Its Partner 	 
	 	 	 	 
	 
	 	 	 	 
	 	By:  	/s/ Neil G. Bluhm
 	 
	 	 	Name:  	Neil G. Bluhm 	 
	 	 	Title:  	President 	 
	 
	 
	 	Lamb, LLC

 	 
	 	By:  	/s/ Neil G. Bluhm
 	 
	 	 	Name:  	Neil G. Bluhm 	 
	 	 	Title:  	Manager 	 
	 
	 
	 	Lamb Investors, Inc.

 	 
	 	By:  	/s/ Neil G. Bluhm
 	 
	 	 	Name:  	Neil G. Bluhm 	 
	 	 	Title:  	President 	 
	 
	 
	 	Isle Investors, LLC

 	 
	 	By:  	/s/ Gregory A. Carlin
 	 
	 	 	Name:  	Gregory A. Carlin 	 
	 	 	Title:  	Manager 	 



 









 






	 	 	 	 	 



	 	 	 	 	 
	 	Gregory A. Carlin

 	 
	 	/s/ Gregory A. Carlin
 	 
	 
	 	 	 	 
	 
	 	 	 	 
	 	 	 
	 	Neil G. Bluhm 	 
	 	 	 
	 	                                                     /s/ Neil G. Bluhm
 	 
	 	 	 
	 
	 	 	 	 
	 	BCB Consultants, LLC 	 
	 
	 	 	 	 
	 	By:  	                                                     /s/ Brian C. Black
 	 
	 	 	Name:  	Brian C. Black 	 
	 	 	Title:  	Manager 	 
	 
	 
	 	 	 	 
	 	Brian C. Black

 	 
	 	/s/ Brian C. Black