alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-40008

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

LAURO GONZALEZ-DOMINGUEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:16-CR-806-1

Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Lauro GonzalezDominguez has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632

F.3d 229 (5th Cir. 2011). Gonzalez-Dominguez has not filed a response. We 

have reviewed counsel’s brief and the relevant portions of the record reflected 

therein. We concur with counsel’s assessment that the appeal presents no 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 18, 2017

Lyle W. Cayce

Clerk

 Case: 17-40008 Document: 00514122723 Page: 1 Date Filed: 08/18/2017
No. 17-40008

2

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 17-40008 Document: 00514122723 Page: 2 Date Filed: 08/18/2017
exv10w6



 





EXHIBIT 10.6




AMENDED AND RESTATED CREDIT FACILITY AGREEMENT

 AMENDMENT NUMBER 9




     This AMENDED AND RESTATED CREDIT FACILITY AGREEMENT AMENDMENT NUMBER 9 (“Amendment”) is made
as of the 1st day of August, 2006, by and among PHOENIX FOOTWEAR GROUP, INC., a corporation formed
under the laws of the State of Delaware (“Borrower”) and MANUFACTURERS AND TRADERS TRUST COMPANY
(“Agent”), a New York banking corporation, with offices at 255 East Avenue, Rochester, New York
14604 as administrative agent for the Lenders, and each of the LENDERS (as defined in the Agreement
described below).



     This Amendment amends the Amended and Restated Credit Facility Agreement (“Credit Agreement”)
dated as of August 3, 2005 made between Borrower, the Agent, and the Lenders described therein, as
previously amended by Amendment Number 1, 2, 3, 4, 5, 6, 7 and 8.



     1. The definition of “Bridge Loan Maturity Date” contained in Section 1.1 of the Credit
Agreement is hereby amended to read in its entirety as follows:



“Bridge Loans Maturity Date” means September 15, 2006.




     8. In connection with this Amendment the Borrower agrees to pay to the Bank an amendment fee
of $10,000 as well as the Bank’s legal fees in connection herewith.



     9. All other terms of the Credit Agreement shall remain in full force and effect.



     10. Borrower represents and warrants that no Event of Default, or event that with the giving
of notice or the passage of time or both would constitute an Event of Default, under the Credit
Agreement has occurred and is continuing.



     IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.



	 	 	 	 	 
	MANUFACTURERS AND TRADERS TRUST COMPANY,	 	 
	as Administrative Agent	 	 
	 
	 	 	 	 
	By:

	 	/s/ John C. Morsch	 	 
	 

	 	 	 	 
	 

	 	John C. Morsch	 	 
	 

	 	Administrative Vice President	 	 
	 
	 	 	 	 
	PHOENIX FOOTWEAR GROUP, INC.	 	 
	 
	 	 	 	 
	By:

	 	/s/ Kenneth Wolf	 	 
	 

	 	 	 	 
	Title:

	 	CFO
[Federal Register Volume 66, Number 38 (Monday, February 26, 2001)]
[Rules and Regulations]
[Pages 11536-11537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4353]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 33

[Docket No. RM98-4-000; Order No. 642]


Revised Filing Requirements Under Part 33 of the Commission's 
Regulations

Issued February 15, 2001.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Final rule; notice of confirmation of effective date.

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

SUMMARY: This document informs the industry and the public that Order 
No. 642, a Final Rule revising the filing requirements in Part 33 of 
the Commission's regulations for applications, including public utility 
mergers, under Section 203 of the Federal Power Act (65 FR 70984 (Nov. 
28, 2000)) has been reviewed, and the order's January 29, 2001 
effective date will not be postponed.

DATES: The effective date of the Final Rule revising 18 CFR part 33 
published at 65 FR 70984 remains January 29, 2001.

FOR FURTHER INFORMATION CONTACT: Diana Moss, Office of Markets, Tariffs 
and Rates, Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, (202) 208-0087.

SUPPLEMENTARY INFORMATION: This notice informs the industry and the 
public that the Federal Energy Regulatory Commission (Commission) has 
reviewed Order No. 642 and determined not to delay the order's January 
29, 2001 effective date.
    Order No. 642, a Final Rule amending the filing requirements in 
Part 33 of the

[[Page 11537]]

Commission's regulations for applications, including public utility 
mergers, under Section 203 of the Federal Power Act, was published in 
the Federal Register (65 FR 70984 (Nov. 28, 2000)) with a January 29, 
2001 effective date.
    The January 20, 2001 memorandum directed the heads of executive 
departments and federal government agencies to postpone the effective 
date of regulations published in the Federal Register but which had not 
yet taken effect for 60 days to ensure that his appointees or their 
designates had an opportunity to review any new or pending regulations 
(66 FR 7702, January 24, 2001).
    The Commission has reviewed Order No. 642, and determined not to 
delay its effective date. Order No. 642, therefore, will continue to be 
effective on January 29, 2001.

David P. Boergers,
Secretary.
[FR Doc. 01-4353 Filed 2-23-01; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Notices]
[Page 11160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4343]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EG01-45-000]


Constellation Power Source Generation, Inc.; Notice of Amended 
and Restated Application for Commission Redetermination of Exempt 
Wholesale Generator Status

February 15, 2001.
    Take notice that on January 19, 2001, Constellation Power Source 
Generation, Inc. (Constellation) tendered for filing with the Federal 
Energy Regulatory Commission (Commission), an amended and restated 
application for redetermination of exempt wholesale generator status.
    Any person desiring to be heard concerning the amended and restated 
application for exempt wholesale generator status should file a motion 
to intervene or comments with the Federal Energy Regulatory Commission, 
888 First Street, NE., Washington, DC 20426, in accordance with Rules 
211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 
385.211 and 385.214). The Commission will limit its consideration of 
comments to those that concern the adequacy or accuracy of the amended 
and restated application. All such motions and comments should be filed 
on or before March 1, 2001, and must be served on the applicant. Any 
person wishing to become a party must file a motion to intervene. 
Copies of this filing are on file with the Commission and are available 
for public inspection or on the Internet at http://www.ferc.fed.us/online/rims.htm (please call (202) 208-2222 for assistance). Comments 
and protest may be filed electronically via the internet in lieu of 
paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the 
Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-4343 Filed 2-21-01; 8:45 am]
BILLING CODE 6717-01-M
<PAGE>

                                                                    EXHIBIT 99.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

   PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

         The undersigned executive officer of Banknorth Group, Inc. (the
"Registrant") hereby certifies that the Registrant's Form 10-Q for the three
months ended March 31, 2003 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information contained
therein fairly presents, in all material respects, the financial condition and
results of operations of the Registrant.


                                                  /s/ William J. Ryan
                                                  --------------------------
                                           Name:  William J. Ryan
                                           Title: Chief Executive Officer

Date: May 13, 2003

Note: A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Banknorth Group, Inc. and will
be retained by Banknorth Group, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       4,208,744
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  8,184,941
<INVESTMENTS-CARRYING>                       2,115,761
<INVESTMENTS-MARKET>                         2,071,309
<LOANS>                                     84,313,072
<ALLOWANCE>                                  1,227,052
<TOTAL-ASSETS>                             103,452,072
<DEPOSITS>                                  74,421,159
<SHORT-TERM>                                17,348,924
<LIABILITIES-OTHER>                          1,213,840
<LONG-TERM>                                          0
<COMMON>                                     1,094,338
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   9,373,811
<TOTAL-LIABILITIES-AND-EQUITY>             103,452,072
<INTEREST-LOAN>                              6,973,943
<INTEREST-INVEST>                              482,391
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                             7,456,334
<INTEREST-DEPOSIT>                           2,567,372
<INTEREST-EXPENSE>                           3,504,199
<INTEREST-INCOME-NET>                        3,952,135
<LOAN-LOSSES>                                  587,685
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              5,398,151
<INCOME-PRETAX>                              (414,514)
<INCOME-PRE-EXTRAORDINARY>                   (414,514)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (426,765)
<EPS-PRIMARY>                                    (.18)
<EPS-DILUTED>                                    (.18)
<YIELD-ACTUAL>                                    5.30
<LOANS-NON>                                    487,703
<LOANS-PAST>                                     2,133
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                929,000
<ALLOWANCE-OPEN>                               718,057
<CHARGE-OFFS>                                   91,755
<RECOVERIES>                                    13,065
<ALLOWANCE-CLOSE>                            1,227,052
<ALLOWANCE-DOMESTIC>                         1,200,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                         27,052
        

</TABLE>
#### Everett Loberiest HOLLAND, Plaintiff—Appellant, v. BACH, Sergeant, Calipatria State Prison; et al., Defendants—Appellees.

No. 09-56613.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 14, 2010.*

Filed Jan. 7, 2011.

Everett Loberiest Holland, Coalinga, CA, pro se.

Tiffany R. Hixson, Esquire, Deputy Attorney General, John Paul Walters, II, Esquire, AGCA-Office of the California Attorney General, San Diego, CA, for Defendants-Appellees.

*70Before: GOODWIN, WALLACE, and THOMAS, Circuit Judges.

*

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

MEMORANDUM **

California state prisoner Everett Loberiest Holland appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force by prison officials. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Toguchi v. Chung,*391 F.3d 1051, 1056 (9th Cir.2004). We vacate and remand.

The district court determined that there was no genuine issue of material fact as to whether defendants inflicted more than “de minimis” injury upon Holland. However, the Supreme Court recently emphasized that the “core judicial inquiry” is “not whether a certain quantum of injury was sustained, but rather whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” *Wilkins v. Gaddy,*— U.S. -, -, 130 S.Ct. 1175, 1178, 175 L.Ed.2d 995 (2010). Here, the force Holland alleges is in its nature “malicious” and “sadistic.” *See id.*Moreover, there is a triable issue as to whether any defendant used such force, given that there are no witnesses to the incident in question and the notes from a medical examination the following day provide at least limited support for Holland’s allegations. *See Hauk v. JP Morgan Chase Bank USA,*552 F.3d 1114, 1117-18 (9th Cir.2009) (“When determining whether a genuine issue of material fact remains for trial, we must view the evidence and all inferences therefrom in the light most favorable to the non-moving party and may not weigh the evidence or make credibility determinations.”). Accordingly, we remand for further proceedings consistent with our disposition.

VACATED and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 Skinvisible, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2014 filed with the Securities and Exchange Commission (the Report), I, S. Matthew Schultz, Chief Executive 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) of the Securities Exchange Act of 1934; and  2.The information contained in the Report fairly presents, in all material respects, the financial condition of the Company as of the dates presented and the results of operations of the Company for the periods presented.


|       |                        
|------ | -----------------------
|By:    | /s/ S. Matthew Schultz 
|Name:  | S. Matthew Schultz     
|Title: | Chief Executive Officer
|Date:  | May 15, 2014           

This certification has been furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           7,343
<SECURITIES>                                         0
<RECEIVABLES>                                   28,131
<ALLOWANCES>                                     7,008
<INVENTORY>                                          0
<CURRENT-ASSETS>                               213,461
<PP&E>                                       1,826,551
<DEPRECIATION>                                 183,954
<TOTAL-ASSETS>                               1,826,551
<CURRENT-LIABILITIES>                           97,196
<BONDS>                                      1,260,670
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        101
<COMMON>                                           434
<OTHER-SE>                                     496,152
<TOTAL-LIABILITY-AND-EQUITY>                 1,856,058
<SALES>                                              0
<TOTAL-REVENUES>                               305,956
<CGS>                                                0
<TOTAL-COSTS>                                  318,888
<OTHER-EXPENSES>                                13,479
<LOSS-PROVISION>                                32,660
<INTEREST-EXPENSE>                              93,934
<INCOME-PRETAX>                               (34,829)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (34,829)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (3,518)
<CHANGES>                                            0
<NET-INCOME>                                  (44,791)
<EPS-BASIC>                                     (1.04)
<EPS-DILUTED>                                   (1.30)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-K
FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      72,423,221
<SECURITIES>                                 3,174,137
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            75,597,358
<PP&E>                                     267,981,065
<DEPRECIATION>                               4,360,196
<TOTAL-ASSETS>                             358,693,126
<CURRENT-LIABILITIES>                       16,225,767
<BONDS>                                     88,893,692
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        28,334
<OTHER-SE>                                 253,545,333
<TOTAL-LIABILITY-AND-EQUITY>               358,698,126
<SALES>                                              0
<TOTAL-REVENUES>                            25,313,419
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             7,934,794
<LOSS-PROVISION>                               162,137
<INTEREST-EXPENSE>                           6,499,865
<INCOME-PRETAX>                             12,803,616
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         12,803,616
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                12,803,616
<EPS-PRIMARY>                                      .57
<EPS-DILUTED>                                      .57
        

</TABLE>
3rd Amendment to License Agreement



 Exhibit 10.9 
 THIRD AMENDMENT TO LICENSE AND MANUFACTURING AGREEMENT 
 THIS THIRD AMENDMENT TO LICENSE AND
MANUFACTURING AGREEMENT (“Third Amendment”) is made and entered into as of April 13, 2006 (the “Third Amendment Effective Date”), by and among BioZone Laboratories, Inc., a corporation formed under the laws of the State of
California or its assigns (individually and collectively, “BioZone”), and ALCiS Health, Inc., a corporation formed under the laws of the California (“ALCiS”). Except as noted below, the License and
Manufacturing Agreement (“Agreement”), dated August 17, 2005, between the parties shall remain in full force and effect. The Amendment dated September 28, 2005 between the parties shall have no further force or effect, and shall
be replaced in its entirety by the Second Amendment dated December 27, 2005, which shall remain in full force and effect except as modified below. 
 NOW THEREFORE, in consideration of the representations and warranties, covenants and conditions set forth herein, and intending to be legally bound hereby, the parties hereto agree as follows: 
  

	 	A.	Section 4.1(b) and (c) of the Agreement shall be amended and replaced in its entirety with the following: 

  

	 	(b)	By April 15, 2006, BioZone shall receive warrants to purchase four hundred sixty thousand (460,000) shares of ALCiS Common Stock at $2.00 per share, with an expiration
date of 10 years from the date of issue. For clarification, on March 31, 2006, a merger (“Merger”) between ALCiS and Emerging Delta Corporation (“Delta”) was consummated and each share of ALCiS’ stock was exchanged for
0.16 share of Delta’s common stock. Following the Merger, the post-Merger public entity is granting a stock dividend of 5.25 shares to each of its shareholders which has the effect of a 6.25 for 1 stock split, in effect restoring the number of
shares originally held by all ALCiS shareholders pre-Merger. This warrant to BioZone already incorporates any adjustment due for the 5.25 for 1 share dividend, and shall not be further adjusted as a result of such dividend. 


 

	 	(c)	Intentionally deleted. 

  

	 	B.	BioZone hereby directs and instructs ALCiS to title the warrants in Section 4.1(b), due under the provision as modified above, in the following names and amounts:


  

				
	 Owner Name
	  	%	 
		  		
		  		
		  		
	 Total
	  	100	%

 IN WITNESS WHEREOF, the parties hereto have duly executed this Third Amendment as of the Third
Amendment Effective Date set forth above. 
  

							
	ALCIS HEALTH, INC.	 	BIOZONE LABORATORIES, INC.
				
	By:	 	 /s/ Brian Berchtold
	 	By:	 	 /s/ Daniel Fisher

		 	Brian Berchtold	 		 	Daniel Fisher
		 	Chief Executive Officer	 		 	President
941 A.2d 1261

#### Detroy JOHNSON, Petitioner, v. COMMONWEALTH of Pennsylvania, BOARD OF PROBATION AND PAROLE, Respondent.

No. 186 EM 2007.

Supreme Court of Pennsylvania.

Feb. 7, 2008.

*ORDER*

PER CURIAM.

AND NOW, this 7th day of February, 2008, the Application for Leave to File Original Process is granted. The Petition for Writ of Habeas Corpus and the Application for [an] Immediate Hearing on the Pending Petition for Writ of Habeas Corpus are denied.
Opinion issued June 28, 2012.

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-11-01009-CV

———————————

CIENA CAPITAL FUNDING, LLC f/k/a BLX CAPITAL, LLC, Appellant

V.

INOC PROPERTIES, LP, INOC, INC., RODNEY K. GRAY, AND KOLLYE 

KILPATRICK, Appellees

On Appeal from the 506th District Court

Waller County, Texas

Trial Court Cause No. 11-09-21076

MEMORANDUM OPINION
Appellant has filed an agreed motion to dismiss the appeal. No opinion has 

issued. Accordingly, we grant the motion and dismiss the appeal. See TEX. R.

APP. P. 42.1(a)(1). We dismiss all other pending motions as moot. 

PER CURIAM

Panel consists of Justices Higley, Sharp, and Huddle.