alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6037 

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JOHN SAMUEL LEIGH,

Defendant - Appellant.

Appeal from the United States District Court for the Northern

District of West Virginia, at Martinsburg. W. Craig Broadwater,

District Judge. (CR-01-26; CA-04-35-3)

Submitted: November 21, 2006 Decided: November 29, 2006

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Samuel Leigh, Appellant Pro Se. Shawn Angus Morgan, OFFICE OF

THE UNITED STATES ATTORNEY, Clarksburg, West Virginia; Thomas

Oliver Mucklow, Assistant United States Attorney, Martinsburg, West

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

John Samuel Leigh seeks to appeal the district court’s

order accepting the recommendation of the magistrate judge and

denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is

not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Leigh has not

made the requisite showing. Accordingly, we deny Leigh’s motion

for a certificate of appealability and dismiss the appeal. 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.

DISMISSED
AGREEMENT TO EXTEND REPAYMENT OBLIGATION

     This  Agreement  to Extend  Repayment  Obligation  (this  "Agreement"),  is
entered by and  between  Power  Exploration,  Inc.,  a Nevada  corporation  (the
"Borrower"),  and Trident III, LLC, a Cayman limited liability company (the
"Lender"),  as of March 15, 1999.  Reference is made to the 10% Promissory  Note
dated October 21, 1998 made by the Borrower to the Lender (the "Note").

WHEREAS, under the terms of the Notes the Lender has the right to be repaid all
indebtedness due under the Notes as of March 15, 1999; and

Whereas,  the  lender  has  agreed  to delay the  effectiveness  of its right to
repayment until April 30, 1999;

1.   The  Lender hereby  agrees  to  delay  the  effectiveness  of its  right to
     repayment under the Note (the "Repayment Obligation") until April 30, 1999;

2.   In consideration of Lender's agreement to delay the effectiveness of the
     Repayment  Obligation  Borrower  shall  issue to  Lender  20,000  shares of
     Borrower's common stock ("Borrower Stock"), for each month that the Note is
     extended from March 15, 1999. These shares are to be issued on the 15th day
     of the subsequent month. In the event that the Borrower fails to issue such
     shares  within five days of the 15th day of each such month,  the  Borrower
     shall be obligated  to issue an  additional  50,000  shares of the Borrower
     Stock to the Lender for each day that it is late. (For example:  The 20,000
     shares that are due for the time  period from March 15, 1999 to April,  15,
     1999 are due on April 15,  1999.  If the  shares  are not  received  by the
     Lender  by April  20,  1999 the  Borrower  shall be  obligated  to issue an
     additional  50,000 shares of the Borrower  Stock to the Lender for each day
     that it is late.)

IN WITNESS WHEREOF, the undersigned authorized officers of the parties have
executed this Agreement as of the date first set forth above.

     TRIDENT III, LLC                        POWER EXPLORATION, INC.



By:  /s/ Jeffrey W. Tomz                     By:  /s/ Mark Zouvas
   ----------------------                       --------------------
Name:  Jeffrey W. Tomz                       Name:  Mark Zouvas
Title:  Director                             Title:  CFO

                                       31
FIRST AMENDMENT TO THE RESTATED
             ALLIED WASTE INDUSTRIES, INC. 1991 INCENTIVE STOCK PLAN
                        (AS AMENDED AND RESTATED IN 1999)


         THIS  AMENDMENT,  made and entered into on September 8, 1999, by ALLIED
WASTE INDUSTRIES, INC., a Delaware corporation ("Employer").

                                R E C I T A L S:

         1.        The Employer maintains the Allied Waste Industries, Inc. 1991
                   Incentive  Stock  Plan  ("Plan"),  as  amended  and  restated
                   effective September 8, 1999;

         2.        The Employer  has  reserved  the  right  to amend the Plan in
                   whole or in  part; and

         3.        The Employer intends to amend the Plan, with the approval  of
                   its shareholders.

         THEREFORE,  the  Employer  hereby adopts this Amendment, subject to the
         approval of the Employer's stockholders, as follows:

         1.       In Section 2, the following new definition is added:

                  "Fully  Diluted  Shares" means the aggregate of all issued and
                  outstanding  shares of Common  Stock,  shares of Common  Stock
                  issuable  upon the vesting or payment of awards or exercise of
                  options under any employee  benefit plan,  including the Plan,
                  shares of Common  Stock  otherwise  available  or reserved for
                  issuance under employee benefit plans, including the Plan, and
                  shares of Common Stock issuable upon conversion or exercise of
                  any outstanding convertible  securities,  warrants or options.
                  For these  purposes,  shares  of  Series A Senior  Convertible
                  Preferred Stock are deemed  convertible  into shares of Common
                  Stock.

         2        In Section 3, the first  sentence of the second  paragraph  is
                  amended to read as follows:
                  The Committee may grant  Options, shares of Restricted  Stock,
                  Performance  Awards  shares of Phantom Stock and Stock Bonuses
                  under  the  Plan  with respect to a number of shares of Common
                  Stock that in the aggregate  at  any time does not exceed 8.5%
                  of the Fully Diluted Shares as of the date any Incentive Award
                  is granted, subject to adjustment pursuant to Section 12.



<PAGE>


         3.       The Effective Date of this Amendment  shall  be  the  date  on
                  which this Amendment  is  approved  by the stockholders of the
                  Employer.

         4.       Except as amended, all of the terms and conditions of the Plan
                  shall remain in full force and effect.



                                             ALLIED WASTE INDUSTRIES, INC.,
                                              a Delaware corporation




                                            By   /s/ Steven M. Helm
                                                -------------------------------
                                                 Steven M. Helm, Vice President
§ 513.41 Inmate access to Inmate Central File in connection with parole hearings. A parole-eligible inmate (an inmate who is currently serving a sentence for an offense committed prior to November 1, 1987) may review disclosable portions of the Inmate Central File prior to the inmate's parole hearing, under the general procedures set forth in § 513.40. In addition, the following guidelines apply: ( a ) A parole-eligible inmate may request to review his or her Inmate Central File by submitting the appropriate Parole Commission form. This form ordinarily shall be available to each eligible inmate within five work days after a list of eligible inmates is prepared.
( b ) Bureau staff ordinarily shall schedule an eligible inmate for a requested Inmate Central File review within seven work days of the request after the inmate has been scheduled for a parole hearing. A reasonable extension of time is permitted for documents which have been provided (prior to the inmate's request) to originating agencies for clearance, or which are otherwise not available at the institution.
( c ) A report received from another agency which is determined to be nondisclosable (see § 513.40(b)) will be summarized by that agency, in accordance with Parole Commission regulations. Bureau staff shall place the summary in the appropriate disclosable section of the Inmate Central File. The original report (or portion which is summarized in another document) will be placed in the portion of the Privacy File for Joint Use by the Bureau and the Parole Commission.
( d ) Bureau documents which are determined to be nondisclosable to the inmate will be summarized for the inmate's review. A copy of the summary will be placed in the disclosable section of the Inmate Central File. The document from which the summary is taken will be placed in the Joint Use Section of the Privacy Folder. Nondisclosable documents not summarized for the inmate's review are not available to the Parole Commission and are placed in a nondisclosable section of the Inmate Central File.
( e ) When no response regarding disclosure has been received from an originating agency in time for inmate review prior to the parole hearing, Bureau staff are to inform the Parole Commission Hearing Examiner.
### §460lll–42. Statement of policy

It is the policy of the United States that, to the maximum extent practicable—

(1) the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary should be effected in an efficient and cost-effective manner; and

(2) due consideration should be given to minimizing—

(A) disruption of the personal lives of the Tennessee Valley Authority and Forest Service employees; and

(B) adverse impacts on permittees, contractees, and others owning or operating businesses affected by the transfer.

(Pub. L. 105–277, div. A, §101(e) [title V, §542], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)
### §4265a. Advisory group

#### (a) In general

To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of Asian elephants.

#### (b) Public participation

#### (1) Meetings

The Advisory Group 1 shall—

(A) ensure that each meeting of the advisory group is open to the public; and

(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda.

#### (2) Notice

The Secretary shall provide to the public timely notice of each meeting of the advisory group.

#### (3) Minutes

Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public.

#### (c) Exemption from chapter 10 of title 5

Chapter 10 of title 5 shall not apply to the advisory group.

(Pub. L. 105–96, §7, as added Pub. L. 107–141, §4, Feb. 12, 2002, 116 Stat. 13; amended Pub. L. 117–286, §4(a)(121), Dec. 27, 2022, 136 Stat. 4319.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 7 of Pub. L. 105–96 was renumbered section 8 and is classified to section 4266 of this title.

#### Amendments

2022—Subsec. (c). Pub. L. 117–286 substituted "chapter 10 of title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.

1 So in original. Probably should not be capitalized.
§ 490.413 Penalties for not maintaining bridge condition. ( a ) If FHWA determines for the 3-year period preceding the date of the determination, that more than 10.0 percent of the total deck area of bridges in the State on the NHS is located on bridges that have been classified as Structurally Deficient, the following requirements will apply. ( 1 ) During the fiscal year following the determination, the State DOT shall obligate and set aside in an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out 23 U.S.C. 144 (as in effect the day before enactment of MAP-21) from amounts apportioned to a State for a fiscal year under 23 U.S.C. 104(b)(1) only for eligible projects on bridges on the NHS.
( 2 ) The set-aside and obligation requirement for bridges on the NHS in a State in paragraph (a) of this section for a fiscal year shall remain in effect for each subsequent fiscal year until such time as less than 10 percent of the total deck area of bridges in the State on the NHS is located on bridges that have been classified as Structurally Deficient as determined by FHWA.
( b ) The FHWA will make the first determination by October 1, 2016, and each fiscal year thereafter.
§ 140.605 Approval actions. ( a ) Authorization to proceed with preliminary engineering and acquisition of rights-of-way shall be issued in the same manner as for regularly financed Federal-aid projects.
( b ) Authorization of physical construction shall be given in the same manner as for regularly financed Federal-aid projects. The total cost and Federal funds required, including interest, shall be indicated in the plans, specifications, and estimates.
( c ) Projects subject to the reimbursable schedule shall be identified as an “E” project when the SHA is authorized to proceed with all or any phase of the work.
( d ) Concurrence in the award of contracts shall be given.
§ 68.48 Record of hearings. ( a ) *General.* A verbatim written record of all hearings shall be kept, except in cases where the proceedings are terminated in accordance with § 68.14. All evidence upon which the Administrative Law Judge relies for decision shall be contained in the transcript of testimony, either directly or by appropriate reference. All exhibits introduced as evidence shall be marked for identification and incorporated into the record. Transcripts may be obtained by the parties and the public from the official court reporter of record. Any fees in connection therewith shall be the responsibility of the parties.
( b ) *Corrections.* Corrections to the official transcript will be permitted upon motion. Motions for correction must be submitted within ten (10) days of the receipt of the transcript by the Administrative Law Judge or such other time as may be permitted by the Administrative Law Judge. Corrections of the official transcript will be permitted only when errors of substance are involved and only upon approval of the Administrative Law Judge.
[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 50053, Oct. 3, 1991, and amended by Order No. 1635-92, 57 FR 57672, Dec. 7, 1992]
<PAGE>   1
                                                                      EXHIBIT 24


                                POWER OF ATTORNEY


     Each person whose signature appears below authorizes Alan G. McNally,
Chairman of the Board and Chief Executive Officer, or Edward W. Lyman, Vice
Chair of the Board, to execute in the name of each such person who is then an
officer or director of the registrant, and to file, the 1999 Harris Bankcorp,
Inc. Annual Report to the Securities and Exchange Commission on Form 10-K
pursuant to the requirements of the Securities Exchange Act of 1934.




    /s/                                         /s/
    ---------------------------                 ----------------------------
    Pastora San Juan Cafferty                   Leo M. Henikoff
    Director                                    Director


    /s/                                         /s/
    ---------------------------                 ----------------------------
    Martin R. Castro                            Richard M. Jaffee
    Director                                    Director


    /s/                                         /s/
    ---------------------------                 ----------------------------
    Haven E. Cockerham                          Edward W. Lyman, Jr.
    Director                                    Vice Chair and Director


    /s/                                         /s/
    ---------------------------                 ----------------------------
    F. Anthony Comper                           Alan G. McNally
    Director                                    Chairman of the Board,
                                                Chief Executive Officer,
                                                and Director


    /s/                                         /s/
    ---------------------------                 ----------------------------
    Susan T. Congalton                          Charles H. Shaw
    Director                                    Director


    /s/                                         /s/
    ---------------------------                 ----------------------------
    Wilbur H. Gantz                             Richard E. Terry
    Director                                    Director


    /s/                                         /s/
    ---------------------------                 ----------------------------
    James J. Glasser                            James O. Webb
    Director                                    Director
#### § 34.106 Number of peer reviewers.

The number of peer reviewers will vary by program (as affected by the volume of applications anticipated or received). OJJDP will select a minimum of three peer reviewers (qualified individuals who are not officers or employees of the Department of Justice) for each program or project review in order to ensure a diversity of backgrounds and perspectives. In no case will fewer than three reviews be made of each individual application.
Dolan Chemical Laboratory 4001 Bixby Road Groveport, OH 43125 T: 614-836-4221, Audinet 210-4221 F: 614-836-4168, Audinet 210-4168 http://aepenv/labs 

## Water Analysis

Location: Mountaineer Plant Report Date: 2/17/2012 Sample Number: 120492-001 Date Collected:02/01/2012 09:15 Date Received:2/1/2012 

### 1st Stage Feed Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 313 0.5 DPC EPA 200.8 0.1 02/02/2012 15:15 

### Sample Number: 120492-002 Date Collected:02/01/2012 09:15 Date Received:2/1/2012 

## 1st Stage Feed Dissolved Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 282 0.5 DPC EPA 200.8 0.1 02/02/2012 15:20 ug/L Selenite, Se+4 (Hydride) 172 10 TLT AEP Method 2 02/13/2012 

### Sample Number: 120492-003 Date Collected:02/01/2012 09:15 Date Received:2/1/2012 

## 2nd Stage Feed Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 2.04 0.5 DPC EPA 200.8 0.1 02/02/2012 15:24 

### Sample Number: 120492-004 Date Collected:02/01/2012 09:15 Date Received:2/1/2012 

### 2nd Stage Feed Dissolved Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 0.966 0.5 DPC EPA 200.8 0.1 02/02/2012 15:29 ug/L Selenite, Se+4 (Hydride) < 0.200 0.2 TLT AEP Method 0.04 02/13/2012 

### Sample Number: 120492-005 Date Collected:02/01/2012 09:15 Date Received:2/1/2012 

## Bioreactor Effluent Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 5.05 0.5 DPC EPA 200.8 0.1 02/02/2012 15:34 

### Sample Number: 120492-006 Date Collected:02/01/2012 09:15 Date Received:2/1/2012 

## Bioreactor Effluent Dissolved Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 2.53 0.5 DPC EPA 200.8 0.1 02/02/2012 15:38 ug/L Selenite, Se+4 (Hydride) 1.93 0.2 TLT AEP Method 0.04 02/13/2012

Mountaineer Plant, 120492 Page 1 of 2THIS TEST REPORT RELATES ONLY TO THE ITEMS TESTED AND SHALL NOT BE REPRODUCED EXCEPT IN FULL WITHOUT WRITTEN

APPROVAL OF THE LABORATORY. ALL TEST RESULTS MEET ALL OF THE REQUIREMENTS OF THE ACCREDITING AUTHORITY, UNLESS OTHERWISE NOTED.

Brian Snyder, Chemist II Email bssnyder@aep.com Tel. 614-836-4224 Fax 614-836-4168 Audinet 210-4224

Mountaineer Plant, 120492 Page 2 of 2
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/4/2015 7:32:57 AM CHRISTOPHER A. PRINE Clerk
### §430ss. Administration, protection, and development

The administration, protection, and development of the Fort Necessity National Battlefield shall be exercised by the Secretary of the Interior in accordance with provisions of the Act of August 25, 1916 (39 Stat. 535), entitled "An Act to establish a National Park Service, and for other purposes",1 as amended and supplemented.

(Pub. L. 87–134, §4, Aug. 10, 1961, 75 Stat. 336.)

#### **Editorial Notes**

#### References in Text

The Act of August 25, 1916 (39 Stat. 535), entitled "An Act to establish a National Park Service, and for other purposes", referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.
#### John A. Smythe, Respondent, v. T. A. Gillespie Company, Appellant.

Motion denied, without costs. Present — Jenks, P. J., Carr, Rich, Staple-ton and Putnam, JJ.
Exhibit 10.21

                      [LETTERHEAD OF ADZONE RESEARCH, INC.]

November 11, 2002

Mr. P. Weaver
PAW & Associates
10 Windrush Court
Stafford, VA
22554

                              Letter of Engagement


Dear Paul,

Further to our meeting on November 6, 2002, and the "welcome aboard" e-mail of
November 7, 2002, this Letter of Engagement formalizes your working relationship
with AdZone Research, Inc.

As outlined in the e-mail, the terms are as follows:

- 25,000 shares upon engagement (these are forwarded directly by our transfer
  agent)
- 3% commission on the first cumulative $3 million in total contract value
- a bonus, of an additional 2% (for a combined total of 5%) on everything above
  $3 million
- an additional 25,000 shares for the first contract signed in excess of
  $500,000 in value
- term is 12 months commencing on November 7, 2002.

All cash, amounts will be paid as monies are paid to AdZone.

Under this agreement, Paul Weaver will be acting as a consultant to AdZone, As
such, no provision will be made for employee benefits, nor source deductions,
which means that the payment, of appropriate taxes, etc., are the sole
responsibility of PAW & Associates.

I trust the above meets with your approval. Please signify such by signing where
indicated below.

Sincerely,

/s/ Dan Wasserman
Executive Vice President
Managing Director Global Defense Group


/s/ Paul A. Weaver         2 Dec 2002 Date