alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

**1331PENNSYLVANIA AVENUE, NW**

**SUITE520N**

**WASHINGTON,DC 20004**

** **

 

 

February 26, 2014

 

 

TIMEAND DATE:��������������� 2:00 p.m., Thursday, March 6, 2014

 

PLACE:��������������������������������� TheRichard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue, NW,Washington, DC 20004 (entry from� F Street entrance)

 

STATUS:������������������������������� Open

 

MATTERSTO BE 

CONSIDERED:�������������������� TheCommission will consider and act upon the following in open session: *Secretaryof Labor v. Twentymile Coal Co.,* Docket Nos. WEST 2009-241, et al., and*Secretaryof Labor v. Twentymile Coal Co., Docket Nos. WEST 2009-1323, et al.*(Issuesinclude whether the Administrative Law Judge erred in affirming citations forfailing to provide additional insulation for a communications circuit.) Publicmeetings in these matters have twice been postponed because of severe weatherproblems.

 

Any person attending this meeting who requires specialaccessibility features and/or auxiliary aids, such as sign languageinterpreters, must inform the Commission in advance of those needs. Subject to29 C.F.R. � 2706.150(a)(3) and � 2706.160(d).

 

 

CONTACTPERSON 

FOR MORE INFO:��������������� Jean Ellen������� (202) 434-9950 / (202) 708-9300 for TDD Relay / 1-800-877-8339 for toll free.
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EXHIBIT 32.1

                            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 on Form 10-Q (the "Report") of ARC
Wireless Solutions, Inc. (the "Company") for the six months ended June 30, 2004,
each of the undersigned Randall P. Marx, the Chief Executive Officer of the
Company, and Monty R. Lamirato, the Chief Financial Officer of the Company,
hereby certifies 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 the
undersigneds'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 results of operations of the
Company.



Dated:  August 13, 2004                /s/ Randall P. Marx
                                       -----------------------------------------
                                           Randall P. Marx
                                           Chief Executive Officer


Dated:  August 13, 2004               /s/ Monty R. Lamirato
                                      ------------------------------------------
                                          Monty R. Lamirato
                                          Chief Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JESSE J. VALE,

Petitioner - Appellant,

 v.

CONNIE GIBSON, Warden,

 Respondent - Appellee.

No. 15-15696

D.C. No. 4:14-cv-1588-PJH

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Phyllis J. Hamilton, Chief District Judge, Presiding

Argued and Submitted October 21, 2016

San Francisco, California

Before: BEA and IKUTA, Circuit Judges, and RESTANI,** Judge.

Jesse J. Vale (“Vale”) appeals the district court’s denial of his petition for a

writ of habeas corpus. The district court reviewed the California Court of Appeal’s

decision to affirm the trial court’s denial of Vale’s objection to disallow the

prosecution’s use of its peremptory challenges as race-based under Batson v.

FILED

NOV 01 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

** The Honorable Jane A. Restani, Judge for the United States Court of

International Trade, sitting by designation.
Kentucky, 476 U.S. 79 (1986). See People v. Vale, No. H037358, 2013 WL

5278501, at *7 (Cal. Ct. App. Sept. 19, 2013). 

We have jurisdiction pursuant to 28 U.S.C. § 2253. We review the district

court’s denial of Vale’s habeas petition de novo. Lopez v. Thompson, 202 F.3d

1110, 1116 (9th Cir. 2000) (en banc). We review the trial court’s denial of Vale’s

Batson objection de novo because the California Court of Appeal’s decision was

dependent on an antecedent unreasonable application of federal law, and thus not

entitled to deference under 28 U.S.C. § 2254(d)(1). See Shirley v. Yates, 807 F.3d

1090, 1101 (9th Cir. 2015).

The trial court did not err by finding that Vale failed to make out a prima

facie Batson case at step one because, considering the totality of the circumstances,

Vale did not raise an inference of discrimination. Although the trial court allowed

the prosecutor to state his justifications for striking the jurors in question, we may

affirm the trial court’s Batson step one determination without considering the

validity of the prosecutor’s reasons for exercising his peremptory challenges. See

United States v. Guerrero, 595 F.3d 1059, 1063 (9th Cir. 2010).

AFFIRMED.

2
EXHIBIT 31.2



CHIEF EXECUTIVE OFFICER CERTIFICATION



I, James F. Carroll, certify that:



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



4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we 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 quarterly 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 most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) 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 officer 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 controls over financial reporting which are reasonably likely to 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: April 16, 2007















/s/ James F. Carroll





James F. Carroll









Chief Executive Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Troiani MEYERS, a/k/a Troy, Defendant-Appellant.

No. 07-5043.

United States Court of Appeals, Fourth Circuit.

Submitted: May 29, 2008.

Decided: June 3, 2008.

Michael T. Hemenway, The Law Offices of Michael T. Hemenway, Charlottesville, Virginia, for Appellant. Chuck Rosenberg, United States Attorney, Richard D. Cooke, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Before TRAXLER, GREGORY and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Troiani Meyers was convicted, following a jury trial, of two counts of distribution of marijuana within 1000 feet of a university. Prior to sentencing, Meyers filed a motion to set aside the verdict and for a new trial based on his claims that the government failed to provide exculpatory and impeachment materials. The district court denied the motion, finding that it was not filed within seven days after the guilty verdict, Fed.R.Crim.P. 29(c), 33(b)(2), and that Meyers’ motion was not based on newly discovered evidence. Fed.R.Crim.P. 33(b)(1). The district court then imposed a sentence of twelve months plus one day on each count, to run concurrent with each other. Meyers appeals, contending that the district court erred in denying his motion to set aside the verdict or for a new trial.

We have reviewed the record included on appeal and the parties’ briefs and have found no reversible error. *See Carlisle v. United States,*517 U.S. 416, 420, 116 S.Ct. 1460, 134 L.Ed.2d 613 (1996) (holding that deadlines for filing post-judgment motions are strictly construed). We therefore affirm the denial of the motion to set aside the verdict and for a new trial for the reasons stated by the district court. Accordingly, Meyers’ conviction is also affirmed. 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.*
# Suspension of Limitations Under the Jerusalem Embassy Act

# Memorandum for the Secretary of State

Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Embassy Act of 1995 (Public Law 104-45) (the “Act”), I hereby determine that it is necessary to protect the national security interests of the United States to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to beginning the process of moving our embassy to Jerusalem.

                    You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the                     **Federal Register.**

This suspension shall take effect after transmission of this determination and report to the Congress.

[FR Doc. 01-31813

Billing code 4710-10-M
FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2003



EXHIBIT 32.02



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 Caraustar Industries, Inc. (the Company) on Form 10-Q for the period
ending September 30, 2003 as submitted for filing with the Securities and Exchange Commission on the date hereof (the Report), I, Ronald J. Domanico, Vice President and 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, 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



Date: November 14, 2003



/s/ Ronald J. DomanicoRonald J. Domanico, Vice President and Chief Financial Officer




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 Caraustar Industries, Inc. and will be retained by Caraustar Industries, Inc. and furnished to the Securities and Exchange Comission or its staff upon request.
Exhibit 10.72

LOGO

April 29, 2008

Andre Dahan

Comverse Technology, Inc.

810 Seventh Avenue

35th Floor

New York, NY 10019



| | Re: | Amendment to the Employment Agreement dated as of April 10, 2007 by and between Comverse Technology, Inc. and Andre Dahan (the Employment
Agreement)
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------

Dear Andre:

The Compensation Committee (as defined in the Employment Agreement) has determined that upon a termination of your employment due to your
death or Disability (as defined in the Employment Agreement), the unvested portion of any equity which is or has been granted to you shall become fully vested on the date of such termination. Accordingly, upon your execution of this letter amendment
below, the Employment Agreement is hereby amended as follows:

(1) Section 12(a) of the Employment Agreement is hereby
amended to add a new subsection 12(a)(v) which shall read as follows:

the immediate vesting of all stock options and
deferred stock awarded to the Executive, with any options granted after the Effective Date having a minimum exercise period of one (1) year from the date of death or, if less, the maximum exercise period permitted by Section 409A, subject
to any option plan provisions relating to a change in control or similar event and to the initial ten (10) year term of the options; provided, however, that, if necessary, such exercise period shall be extended if permitted by
Section 409A until the exercise of the options would cease to violate any federal or state securities laws subject to the initial ten (10) year term of the options.

(2) Section 12(b) of the Employment Agreement is hereby amended to add a new subsection 12(b)(v) which shall read as follows:

the immediate vesting of all stock options and deferred stock awarded to the Executive, with any options granted after
the Effective Date having a minimum exercise period of one (1) year from the date of termination or, if less, the maximum exercise period permitted by Section 409A, subject to any option plan provisions relating to a change in control or
similar event and to the initial ten (10) year term of the options; provided, however, that, if necessary, such exercise period shall be extended if permitted by Section 409A until the exercise of the options would cease to
violate any federal or state securities laws subject to the initial ten (10) year term of the options.



---

Except as expressly herein amended, the terms and conditions of the Employment Agreement
shall remain in full force and effect.



COMVERSE TECHNOLOGY, INC.By:

/s/ Cynthia L. SheredaName:

Cynthia L. SheredaTitle:

Executive Vice President, General Counsel and Corporate Secretary




|                                         
|-----------------------------------------
|Accepted and Agreed as of April 29, 2008:
|                                         
|/s/ Andre Dahan                          
|Andre Dahan                              



2
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<ARTICLE>                     5

<S>                           <C>
<PERIOD-TYPE>                 9-MOS
<FISCAL-YEAR-END>                       FEB-29-2000
<PERIOD-START>                          MAR-01-1999
<PERIOD-END>                            NOV-30-1999
<CASH>                                      291,116
<SECURITIES>                                      0
<RECEIVABLES>                             1,948,082
<ALLOWANCES>                                      0
<INVENTORY>                              11,769,052
<CURRENT-ASSETS>                         15,957,875
<PP&E>                                   43,195,159
<DEPRECIATION>                         (13,979,824)
<TOTAL-ASSETS>                           57,624,641
<CURRENT-LIABILITIES>                    29,460,996
<BONDS>                                           0
<COMMON>                                219,024,519
<PREFERRED-MANDATORY>                             0
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<TOTAL-LIABILITY-AND-EQUITY>             57,624,641
<SALES>                                   6,315,065
<TOTAL-REVENUES>                          6,315,065
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<TOTAL-COSTS>                            19,015,922
<OTHER-EXPENSES>                            399,325
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                        2,476,214
<INCOME-PRETAX>                        (15,575,896)
<INCOME-TAX>                                      0
<INCOME-CONTINUING>                    (15,575,896)
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<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                           (15,575,896)
<EPS-BASIC>                                 (.14)
<EPS-DILUTED>                                 (.14)



</TABLE>
#### Harpushinder SINGH, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 07-74228.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 16, 2010.*

Filed Nov. 22, 2010.

*221Pardeep S. Grewal, Esquire, Law Offices of Pardeep S. Grewal, Castro Valley, CA, for Petitioner.

Michael Christopher Heyse, Trial, Oil, John Hogan, Senior Litigation Counsel, Kiley L. Kane, Esquire, Trial, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

*

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

MEMORANDUM **

Harpushinder Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ order affirming an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, *Singh v. Gonzales,*439 F.3d 1100, 1105 (9th Cir.2006), and we grant the petition for review, and remand.

Substantial evidence does not support the agency’s adverse credibility determination, because Singh did not omit from his asylum application that police continued to look for him, *see Zuh v. Mulcasey,*547 F.3d 504, 508 (4th Cir.2008) (finding no inconsistency in testimony based on a straightforward reading of the record), and his failure to mention in his asylum application that police seized his workshop after he left the country is a minor omission that does not go to the heart of his claim, *see Li v. Holder,*559 F.3d 1096, 1102 (9th Cir.2009) (omissions must go to the heart of petitioner’s claim to support an adverse credibility finding); see *also Bandari v. INS,*227 F.3d 1160, 1167 (9th Cir.2000) (“[T]he mere omission of details is insufficient to uphold an adverse credibility finding.”). Accordingly, substantial evidence does not support the agency’s adverse credibility determination. *See id.*at 1165.

We grant the petition and remand for further proceedings to determine whether, taking Singh’s testimony as true, he is eligible for asylum, withholding of removal, or CAT relief. *See Soto-Olarte v. Holder,*555 F.3d 1089, 1095-96 (9th Cir.2009); *INS v. Ventura,*537 U.S. 12, 16-18, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

**

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit 23.1**

 

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

 

We consent to the incorporation by reference in RegistrationStatement No. 333-109261 and No. 333-32819 of LOGIC Devices Incorporated onForm S-8 and Registration Statement No. 333-16591 of LOGIC Devices Incorporatedon Form S-3 of our report, dated December 14, 2009, relating to our audit ofthe financial statements and financial statement schedule included in andincorporated by reference in the Annual Report on Form 10-K of LOGIC DevicesIncorporated for the year ended September 30, 2009.

 

 

 

  /s/  Hein & Associates LLP

 

 

 

 

Irvine, CA

December 14, 2009