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

No. 12-51100

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 18, 2013.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Reginald Van Wade, Esq., Del Rio, TX, for Defendant-Appellant.

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Martin Amado Medellin pleaded guilty, pursuant to a written plea agreement, to one count of possession with intent to distribute more than 100 kilograms of marijuana. The district court sentenced Medellin to 84 months in prison. On appeal, Medellin argues that in determining his sentence, the district court erred by failing to give him credit for accepting responsibility for his offense.

The Government has moved to dismiss the appeal based on the waiver-of-appeal provision in the plea agreement. In his *534written plea agreement, Medellin agreed to waive his right to appeal his conviction or sentence, although he reserved his right to appeal a sentence exceeding the statutory maximum and the right to raise claims based on prosecutorial misconduct or ineffective assistance of counsel. The issue raised by Medellin does not fall within the listed exceptions to the appeal waiver. Nothing in the record indicates that his waiver of appeal was not knowing and voluntary. *See United States v. McKinney,*406 F.3d 744, 746-7 (5th Cir.2005). Medellin does not oppose the Government’s argument that his appeal is barred by the waiver of appeal provision.

Thus, the Government’s motion for summary affirmance is GRANTED. *See United States v. Holy Land Found, for Relief & Dev., 445 F.3d*771, 781 (5th Cir.2006). The Government’s alternative motion to extend the time to file its brief is DENIED.

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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 32.1



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 of Kana Software, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Chuck Bay, as Chief Executive Officer of the Company, hereby 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) 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: November 15, 2004 |  |  |  | By: |  | /s/    CHUCK BAY
|                        |  |  |  |     |  |                  |  | Chuck Bay              
|                        |  |  |  |     |  |                  |  | Chief Executive Officer



[A signed original of this written
statement required by Section 906 has been provided to Kana Software, Inc. and will be retained by Kana Software, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.]
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SECOND AMENDMENT TO CONTRIBUTION AGREEMENT
This SECOND AMENDMENT TO CONTRIBUTION AGREEMENT (this “Amendment”) is made as of the 29th day of April 2022 (the “Amendment Date”) by and among Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Operating Partnership”), and RLC-IV CYFC, LLC, a Colorado limited liability company (the “Contributor”).
WHEREAS, Contributor and Operating Partnership entered into that certain Contribution Agreement dated February 1, 2022 (the “Agreement”) as amended by the First Amendment, for the contribution of a 112-room hotel business known as the Courtyard by Marriott Fort Collins located at 1200 Oakridge Drive, Fort Collins, Colorado 80525-5556 (the “Property”);
WHEREAS, during the course of Operating Partnership’s due diligence studies, the Operating Partnership has realized that it will need an extension to the Due Diligence Period (as defined in the Agreement); 
NOW THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1.Reinstatement. The Agreement is hereby reinstated and remains in full force and effect. 
​
2.Capitalization.  All capitalized terms used herein will have the meanings ascribed to those terms in the Agreement, unless otherwise specified herein. 
​
3.Due Diligence Period. Section 2.17.1 shall remain in full force and effect except that the Due Diligence Period shall now extend until 11:59 PM EST on May 10, 2022. 
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4.Conflict; Counterparts.  In the event of any conflict between the terms of this Amendment and the Agreement, this Amendment shall control. This Amendment may be executed in multiple counterparts via facsimile or email in .PDF format, each of which shall be deemed to be an original, but such counterparts when taken together shall constitute but one Amendment. 
​
5.Successors and Assigns.  This Amendment shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, administrators, and assigns.
​
6.Ratification.  Except as set forth above, the terms of the Agreement are hereby ratified and confirmed in their entirety.
​
​
​
[Signature Page to Follow]
​



IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first above written.
SELLER:
RLC-IV CYFC, LLC 
a Colorado limited liability company
​
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​
By: _/s/ Stephen Mills______
      Stephen Mills, Manager
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[OPERATING PARTNERSHIP’S SIGNATURE PAGE TO FOLLOW]
​



OPERATING PARTNERSHIP:
LODGING FUND REIT III OP, LP
A Delaware limited partnership
​
By: Lodging Fund REIT III, Inc. 
Its: General Partner
​
​
​
By:    /s/ David R. Durell         
Name:  David R. Durell
Title:  Chief Investment Officer
**EXHIBIT 32.1**CHIEF EXECUTIVE OFFICER CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350In connection with the Annual Report of Wireless Ronin Technologies, Inc. (the “Company”) on Form10-KSB for the fiscal year ended December 31, 2006, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Jeffrey C. Mack, 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 theSecurities Exchange Act of 1934; and     2. The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.     A signed original of this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.Dated: March 28, 2007         By:       /s/ Jeffrey C. Mack    Jeffrey C. Mack    President and Chief Executive Officer
Exhibit 31.2

                                 CERTIFICATION


     I, David S. Montoya, Chief Financial Officer of WQN, Inc. (the
"Registrant"), certify that:

     1. I have reviewed this quarterly report on Form 10-QSB of the Registrant;

     2. Based on my knowledge, this 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 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. I am 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 I have:

        a) designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under my supervision, to
ensure that material information relating to the Registrant, including its
consolidated subsidiaries, is made known to me by others within those entities,
particularly during the period in which this report is being prepared; and

        b) evaluated the effectiveness of the Registrant's disclosure controls
and procedures and presented in this report my 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.

Dated:   November 14, 2005


/s/ David S. Montoya
---------------------------
David S. Montoya
Chief Financial Officer
Document

Nerdy Inc.


Amendment to 2021 Equity Incentive Plan


(Adopted as of May 4, 2022) 


A.    Nerdy Inc., a corporation organized under the laws of the State of Delaware (the “Company”) established the Company’s 2021 Equity Incentive Plan (the “Plan”); 


B.    The Plan currently provides for 27,774,924 shares of Class A Common Stock (“Stock”) to be reserved for issuance under the Plan; and


C.    The Company now wishes to amend the Plan to (i) increase the number of shares of Common Stock reserved for issuance under the Plan to an aggregate of 12,500,000 shares and to modify Section 4(a) the Plan to reflect such increase and (ii) on January 1, 2023 and each January 1 thereafter, increase the number of shares of Stock reserved for issuance under the Plan by (a) five percent (5%) of the number of shares of Stock issued and outstanding on a pro forma basis on the immediately preceding December 31 including: (1) all shares of Stock underlying any then-outstanding stock options, stock appreciation rights, restricted stock units, and unvested restricted stock awards and (2) the exchange of all shares of the Company’s Class B common stock, par value $0.0001 per share (including the shares of Class B common stock underlying any stock awards in clause (1)) or (b) such lesser number of shares as determined by our Board. 


Now THEREFORE, effective immediately, the Plan is amended as follows:


    1.    The reference to “27,774,924 shares” in Section 4(a) of the Plan is amended to reference “40,274,924 shares.” 
2.    The following text is added to the end of Section 4(a) of the Plan: “On January 1, 2023 and each January 1 thereafter, the number of shares of Stock reserved and available for issuance under the Plan shall be cumulatively increased by (i) five percent (5%) of the number of shares of Stock issued and outstanding on a pro forma basis on the immediately preceding December 31 including: (A) all shares of Stock underlying any then-outstanding stock options, stock appreciation rights, restricted stock units, and unvested restricted stock awards and (2) the exchange of all shares of the Company’s Class B common stock, par value $0.0001 per share (including the shares of Class B common stock underlying any stock awards in clause (A)) or (ii) such lesser number of shares as determined by our Board. ”
    3.    In all other respects the Plan will remain the same.
In Witness Whereof, the Company has caused this Amendment to the Plan to be executed as of the date first written above:
                    Nerdy Inc. 




                    By:                         
    Charles K. Cohn
    Director and Chief Executive Officer 
1
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

# TIME AND DATE:

 12:00 p.m. on Wednesday, November 15, 2017.

# PLACE:

 Closed Commission Hearing Room 10800.

# STATUS:

 This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

 Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

Chairman Clayton, as duty officer, voted to consider the items listed for the closed meeting in closed session.

The subject matters of the closed meeting will be:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings; and

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

# CONTACT PERSON FOR MORE INFORMATION:

 For further information and to ascertain what, if any, matters have been added, deleted or postponed; please contact Brent J. Fields from the Office of the Secretary at (202) 551-5400.

      ( print page 52749)    
Dated: November 8, 2017.

Brent J. Fields,

Secretary.

[FR Doc. 2017-24681 Filed 11-9-17; 11:15 am]

 BILLING CODE 8011-01-P
Exhibit 99.1


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


Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of American Home Mortgage
Holdings, Inc. (the "Company"), does hereby certify, to such officer's
knowledge, that:

The Quarterly Report on Form 10-Q for the quarter ended September 30, 2002 of
the Company fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and information contained in the Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of the Company.


     /s/ Michael Strauss
---------------------------
Michael Strauss
Chief Executive Officer
November 12, 2002
Exhibit 32.1
 
 CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,
 AS ADOPTED PURSUANT TO SECTION 906
 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 In connection with the Quarterly Report of Trinity3 Corporation. (the "Company") on Form 10-QSB for the quarter ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Shannon T. Squyres, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)  The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (2)  Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Dated: June 25, 2004
/s/ Shannon T. SquyresBy: Shannon T. SquyresIts: Chief Executive Officer 
 
 A signed original of this written statement required by Section 906 has been provided to Trinity3 Corporation and will be retained by Trinity3 Corporation and furnished to the Securities and Exchange Commission or its staff upon request.