alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Fernando QUEZADA-DAZA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jesus Quezada-Daza, Defendant-Appellant.

Nos. 13-30114, 13-30115.

United States Court of Appeals, Ninth Circuit.

Submitted April 7, 2014.*

Filed April 14, 2014.

Amy Schipper Howe, Esquire, Assistant U.S., Christian S. Nafzger, Esquire, Assistant U.S., Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee.

Fernando Quezada-Daza, Atlanta, GA, pro se.

Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2). Accordingly, we reject Jesus Quezada-Daza’s request for oral argument.

MEMORANDUM **

In these companion appeals, Fernando Quezada-Daza (“Fernando”) and Jesus Quezada-Daza (“Jesus”) appeal pro se from the district court’s orders denying their motions for a sentence reduction under 18 U.S.C. § 3582(c)(2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Appellants contend that they are entitled to a sentence reduction under Amendment 591 to the United States Sentencing Guidelines. We review de novo whether a *526district court has authority to modify a sentence under section 3582(c)(2). *See United States v. Leniear,*574 F.3d 668, 672 (9th Cir.2009). Amendment 591 did not alter the Guidelines section applicable to appellants’ offense of conviction or the calculation of their Guidelines range under U.S.S.G. § 2D1.1. *See*U.S.S.G. app. C, amend. 591 (Supp.2003); *see also United States v. McEnry,*659 F.3d 893, 898-99 (9th Cir.2011) (discussing changes made by Amendment 591). Because Amendment 591 did not lower appellants’ advisory Sentencing Guidelines range, the district court lacked authority to reduce their sentences. *See*18 U.S.C. § 3582(c)(2); *Leniear,*574 F.3d at 674.

Fernando also contends that he is entitled to a sentence reduction because the jury verdict did not specify whether he was guilty of possessing marijuana, methamphetamine, or both, and because the drug quantity was determined by the judge, not the jury. This argument is not cognizable under section 3582(c)(2). *See Dillon v. United States,*560 U.S. 817, 825-26, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) (proceedings under § 3582(c)(2) are not plenary resentencings). Likewise, Jesus’s contention that *Peugh v. United States,*— U.S.-, 133 S.Ct. 2072, 186 L.Ed.2d 84 (2013), and *Alleyne v. United States,*— U.S.-, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), entitle him to a sentence reduction is not cognizable. *See Dillon,*560 U.S. at 828, 130 S.Ct. 2683.

Fernando’s motion to take judicial notice is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### STATE OF CONNECTICUT *v.*OSIBISA HALL

The petition by the state of Connecticut for certification for appeal from the Appellate Court, 120 Conn. App. 489 (AC 30816), is granted, limited to the following issue:

> “Did the Appellate Court improperly reverse the trial court’s denial of the defendant’s motion to withdraw his plea based on the trial court’s failure to properly *911address the defendant regarding the possible consequence of deportation?”

The Supreme Court docket number is SC 18621.

*Laurie N. Feldman,*special deputy assistant state’s attorney, in support of the petition.

Decided June 2, 2010

McLACHLAN, J., did not participate in the consideration of or decision on this petition.
Exhibit 31

                   CERTIFICATION PURSUANT TO
          SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Mark Meriwether, President, CEO, Secretary/Treasurer of Oak Ridge Micro-
Energy, Inc. (the "small business issuer"), certify that:

     1.   I have reviewed this Quarterly Report on Form 10-QSB of the
Registrant;

     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.   I am responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14)
for the Registrant and I have:

     a)   designed such disclosure controls and procedures 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
          Quarterly Report is being prepared;

     b)   evaluated the effectiveness of the Registrant's disclosure
          controls and procedures as of a date within 90 days prior to the
          filing date of this Quarterly Report (the "Evaluation Date"); and

     c)   presented in this Quarterly Report my conclusions about the
          effectiveness of the disclosure controls and procedures based on
          My evaluation as of the Evaluation Date;

     5.   I have disclosed, based on my most recent evaluation, to the
Registrant's auditors and the audit committee of Registrant's board of
directors (or persons performing the equivalent function);

     a)   all significant deficiencies in the design or operation of
          internal controls which could adversely affect the Registrant's
          ability to record, process, summarize and report financial data
          and have identified for the Registrant's auditors any material
          weaknesses in internal controls; and

     b)   any fraud, whether or not material, that involves management or
          other employees who have a significant role in the Registrant's
          internal controls.


Dated: 8-21-06            Signature:  /s/Mark Meriwether
       -------                       -------------------------
                                      Mark Meriwether
                                      President, CEO, Secretary/Treasurer
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 Report of Safe Technologies International, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
P. Sawick, 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:
      May 10, 2010
            By:
            /s/
      Richard P. SawickRichard
      P. Sawick,Chief
      Financial Officer
103D CONGRESS

1ST SESSION H. R. 2356

AN ACT

To amend the Water Resources Development Act of

projects in the Virgin Islands.the Army to carry out certain construction1990 to extend the authority of the Secretary of
103D CONGRESS

1ST SESSION H. R. 2356

AN ACT

To amend the Water Resources Development Act of 1990

to extend the authority of the Secretary of the Army

to carry out certain construction projects in the Virgin

Islands.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 406 of the Water Resources Development Act

4 of 1990 (48 U.S.C. 1405c note; 104 Stat. 4646) is amend5 ed by striking subsection (c).

Passed the House of Representatives September 13,

1993.

Attest:

Clerk.
#### Sherod MAIR, Plaintiff-Appellant, v. Hester BARBER; Scott Memmott, Defendants-Appellees.

No. 10-7575.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2011.

Decided: Jan. 21, 2011.

Sherod Mam, Appellant Pro Se.

Before MOTZ, KING, and WYNN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Sherod Mair appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Mair v. Barber,*No. 2:10-cv-00492-RAJ-DEM (E.D.Va. Oct. 22, 2010). 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 a

AFFIRMED.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra,

 Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

May 21, 2012 

d0514 

Order 

 

May 21, 2012 

144477 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 144477 

 COA: 306534 

Kent CC: 10-011184-FC; 

JONATHAN EUGENE HENDERSON, 10-011185-FC; 

 Defendant-Appellant. 10-011187-FC 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the November 21, 2011 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
EX-10.4





 Exhibit 10.4 

Base Salaries of Executive Officers of Pinnacle Bankshares Corporation 

In effect as of July 1, 2020, the following are the base salaries (on an annual basis) of the executive officers of Pinnacle Bankshares Corporation. 

 

			
	 Aubrey H. Hall, III

President and Chief Executive Officer
	  	$283,327.68
	 Bryan M. Lemley

Secretary, Treasurer and Chief Financial Officer
	  	$186,062.64
	 Thomas R. Burnett, Jr.

Vice President
	  	$173,709.60
**Exhibit 23.1**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference inthe Registration Statements on Form S-3 (Nos. 333-134623,333-134559, 333-120678, 333-119371, 333-109734, 333-103660,333-108023, 333-75862, 333-64943, 333-32186 and 333-123152)and Form S-8 (Nos. 333-136937, 333-118065, 333-106388,333-101908, 333-99739, 333-65385, 333-65383, 333-60168,333-60152, 333-54140, 333-49522, 333-32178, 333-25707,333-124210, 333-126225, 333-132248 and 333-136937) ofCubist Pharmaceuticals, Inc of our report dated March 1, 2007 relating tothe financial statements, financial statements schedule, management’sassessment of the effectiveness of internal control over financial reportingand the effectiveness of internal control over financial reporting, whichappears in this Form 10-K**.**

/s/ PricewaterhouseCoopers LLP

Boston, MassachusettsMarch 1, 2007

----
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2249 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2249

  To preserve the integrity of certain athletic competition in sports.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1993

  Mr. Edwards of California introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To preserve the integrity of certain athletic competition in sports.

    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 ``Sports Standards Act of 1993''.

SEC. 2. IMMUNITY TO LIABILITY.

    A sports organization that--
            (1) is incorporated under the laws of any of the several 
        States or of the District of Columbia;
            (2) is described in section 501(a) of the Internal Revenue 
        Code of 1986 and is exempt from taxation under section 
        501(c)(3) of such Code;
            (3) has as its purpose the advancement of athletic 
        competition in a sport;
            (4) consults with a similarly situated foreign sports 
        organization for the purpose of establishing and interpreting 
        all rules and equipment standards for national and 
        international competition in such sport; and
            (5) publishes such rules and such standards so established 
        for the benefit of its members and the general public;
shall not be liable under any law relating to restraints of trade or 
commerce for engaging in such consultations or for so establishing or 
interpreting such rules or such standards in good faith pursuant to 
such consultations.

                                 <all>
```
Exhibit 4.5

 



LENDER   ACCESSION AGREEMENT To: · The Royal Bank of Scotland pic as Agent From:   Raiffeisen Bank International AG Vienna, 12 July 2018 Vodafone Group Pic USD   3,935,000,000,-(as increased to USD 4,090,000,000) Revolving Credit Agreement   dated 27 February 2015 (the "Credit Agreement") Tenns used herein   which are defined in the Credit Agreement shall have the same meaning herein   as in the Credit Agreement. We refer to Clause 2.8 (Additional Lenders). We,   Raiffeisen Bank International AG, Am Stadtpnrk 9.A-1030 Vienna, agree to   become party to and to be bound by the terms of the Credit Agreement as an   Additional Lender in accordance with Clause 2.8 (Additional Lenders) with   effect on and from I August 2018. Our Revolving Credit Commitment is USD   75.000.000.-. We confinn to each Finance Party that we: (a) have made our own   independent investigation and assessment of the financial condition and   affairs of each Obligor and its related entities in connection with its   participation in the Credit Agreement and have not relied exclusively on any   infonnation provided to us by a Finance Party in connection with any Finance   Document; and will continue to make our own independent appmisal of the   creditworthiness of each Obligor and its related entities while any amount is   or may be outstanding under the!Credit Agreement . or any Commitment is in   force. (b) The Facility Office and address fQr notices of the Additional   Lender for the purposes of Clause 332 (Addresses for notices) is: Raiffeisen   Bank lntemationai AG Am Stadtpark 9 A-1030 Vienna attn. Mr. Konstantin   Soustal, e-mail: konstantin.soustal@rbintemational.com and Ms. Ingrid   Rosenwirth, e-mail: ingrid.rosenwirth@rbinternational.com 


    




 










' '· This   Agreement and nny non-contractunl obligations nrising out of or in connection   with it are governed by En lish law. By: Ingrid ROSENWIRTH THE ROYAL BANK OF   SCOTLAND PLC ' l'!'M I c. M IU-f;A._ VODAFONE GROUP PLC A By: ('-
<TABLE> <S> <C>

<PAGE>
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<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           1,282
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 3,501
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<INVESTMENTS-HELD-FOR-SALE>                    240,760
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<TOTAL-ASSETS>                                 623,260
<DEPOSITS>                                     484,384
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<LIABILITIES-OTHER>                              5,577
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</TABLE>
EXHIBIT
32.2











CERTIFICATION
BY CHIEF FINANCIAL OFFICER PURSUANT TO


18 U.S.C.
SECTION 1350


(SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002)








In
connection with the Quarterly Report of PICO Holdings, Inc. (the “Company”) on
Form 10-Q for the three months ended March 31, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Maxim
C.W. Webb, 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 (“Section 906”), that to the best of my knowledge:





(1)            The
Report fully complies with the requirements of section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m); 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: 
May 7, 2008





/s/ Maxim C. W.
Webb


Maxim C.
W. Webb


Chief
Financial Officer
I

103D CONGRESS

1ST SESSION H. R. 2267

To amend section 207 of title 18, United States Code, to increase to 5

years the period during which former Members of Congress may not

engage in certain lobbying activities.

IN THE HOUSE OF REPRESENTATIVES

MAY 26, 1993

Mr. ANDREWS of New Jersey introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To amend section 207 of title 18, United States Code, to

increase to 5 years the period during which former Members of Congress may not engage in certain lobbying

activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 207(e)(1)(A) of title 18, United States Code,

4 is amended by striking ‘‘1 year’’ and inserting ‘‘5 years’’.

Æ
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<FED-FUNDS-SOLD>                                29,324
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  5,044,822
<INVESTMENTS-CARRYING>                         601,151
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<LOANS>                                      6,616,528
<ALLOWANCE>                                    110,639
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<DEPOSITS>                                   8,204,327
<SHORT-TERM>                                 4,246,027
<LIABILITIES-OTHER>                             65,839
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                           68,775
<PREFERRED>                                          0
<COMMON>                                         1,066
<OTHER-SE>                                     893,664
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<INTEREST-LOAN>                                294,406
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<INTEREST-OTHER>                                     0
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<EXPENSE-OTHER>                                190,316
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