alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3608. Drug testing of Federal offenders on post-conviction release

The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General and the Secretary of Health and Human Services, shall, subject to the availability of appropriations, establish a program of drug testing of Federal offenders on post-conviction release. The program shall include such standards and guidelines as the Director may determine necessary to ensure the reliability and accuracy of the drug testing programs. In each judicial district the chief probation officer shall arrange for the drug testing of defendants on post-conviction release pursuant to a conviction for a felony or other offense described in section 3563(a)(4).1

(Added Pub. L. 103–322, title II, §20414(a)(1), Sept. 13, 1994, 108 Stat. 1830.)

#### **Editorial Notes**

#### References in Text

Section 3563(a)(4), referred to in text, probably means the par. (4) of section 3563(a) added by section 20414(b)(3) of Pub. L. 103–322, which was renumbered par. (5) by Pub. L. 104–132, title II, §203(1)(C), Apr. 24, 1996, 110 Stat. 1227.

1 See References in Text note below.
**AMENDED AND RESTATED**

**PERFORMANCE-BASED COMPENSATION AGREEMENT**

THIS AMENDED AND RESTATED AGREEMENT (the “Agreement”) between OPPENHEIMER HOLDINGS INC. (“Holdings”) and ALBERT G. LOWENTHAL (“Lowenthal”) is effective as of January 1, 2010, subject to, and conditioned upon, approval by Holdings’ Class B Stockholders at the 2010 annual meeting.  This Agreement is an amendment and restatement of the Performance-Based Compensation Agreement, dated March 15, 2005, between Lowenthal and the Company (the “Prior Agreement”) which was due to expire on December 31, 2010.

**WITNESSETH:**

WHEREAS, Lowenthal is employed by Oppenheimer & Co. Inc., a wholly-owned subsidiary of Holdings (the “Company”), and Holdings as their respective Chief Executive Officer and serves as Chairman of their respective Boards of Directors; and

WHEREAS, the Compensation and Stock Option Committee (the “Committee”) of the Board of Directors of Holdings (the “Board”) has determined that it is in the best interests of the Company and Holdings to provide a portion of the compensation for Lowenthal's services during the Term hereof in a manner that aligns the compensation of Lowenthal with the performance of the Company and Holdings, the long-term interests of the stockholders of Holdings and the compensation paid to other chief executive officers of comparable financial service companies;

NOW, THEREFORE, in consideration of the premises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Holdings and Lowenthal agree as follows:

1.

**Definitions.**

(a)

****Class A Stock means the Class A non-voting shares of Holdings.

(b)

Market Value of a share of Class A Stock as of a determination date means its closing price on the New York Stock Exchange on such date or, if such date is not a trading day, on the trading day next preceding such determination date.

(c)

Performance Award means the written performance goal established with respect to a Performance Year pursuant to Section 2.

(d)

Performance Award Amount means the amount of performance-based compensation determined pursuant to the terms of a Performance Award.

(e)

Performance Year means a calendar year during the Term.

(f)

Term means the period commencing on January 1, 2010 and ending on the date of the first stockholder meeting that occurs in the fifth year following the year in which the 2010 annual meeting of stockholders of Holdings occurs (i.e., the stockholder meeting occurring in 2015).
<PAGE>

                                                                    EXHIBIT 12.2


                             PACCAR Financial Corp.

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                        PURSUANT TO THE SUPPORT AGREEMENT
                       BETWEEN THE COMPANY AND PACCAR INC
                             (Thousands of Dollars)



                                                             Nine Months Ended
                                                                September 30
                                                             1996          1995
--------------------------------------------------------------------------------
FIXED CHARGES
  Interest expense                                       $  73,786    $  65,119
  Facility and equipment rental                                548          536
--------------------------------------------------------------------------------
TOTAL FIXED CHARGES                                      $  74,334    $  65,655
--------------------------------------------------------------------------------


EARNINGS
  Income before income taxes                             $  39,256    $  33,855
  Depreciation                                               7,326        8,002
--------------------------------------------------------------------------------
                                                            46,582       41,857
  Fixed charges                                             74,334       65,655
--------------------------------------------------------------------------------
EARNINGS AS DEFINED                                      $ 120,916    $ 107,512
--------------------------------------------------------------------------------



RATIO OF EARNINGS TO FIXED CHARGES                           1.63X        1.64X
--------------------------------------------------------------------------------


                                      -12-
§ 217.19 Representative of the claimant selected after application is filed. ( a ) *Before benefits awarded.* If the Board selects a representative for an incompetent claimant (see part 266 of this chapter) after an application is filed but before the benefit is awarded, a new benefit application must be filed by the representative. However, benefits will be paid using the filing date of the original benefit application.
( b ) *After benefits awarded.* If the Board selects a representative after a monthly annuity was awarded to another person, the representative must apply as a substitute payee on a form specifically designed for that purpose. A new annuity application is not required.
Exhibit 15.2
 
  
    
 By /s/ Daniel A. López Lado
         Price Waterhouse & Co. S.R.L., Bouchard 557, piso 8°, C1106ABG  Ciudad de Buenos Aires
T: +(54.11) 4850.0000, F: +(54.11) 4850.1800, www.pwc.com/ar
 ©
EXHIBIT 11d


                              AMERITECH CORPORATION
                 COMPUTATION OF FULLY DILUTED EARNINGS PER SHARE
                                   (Unaudited)
                                        
                                        
                                            Six Months Ended
                                                June 30
                                             -------------
                                          1997              1996
                                          ----              ----
Net income                         $1,073,006,000    $1,044,984,000
                                   ==============    ==============


Weighted average number of
shares outstanding                    550,249,031       553,962,130

Additional dilutive effect of
outstanding options (as determined
by the application of the treasury
stock method)                           3,289,076         2,772,926
                                     ------------      ------------

Weighted average shares outstanding
on which fully diluted earnings
per share are based                   553,538,107       556,735,056
                                   ==============    ==============
Fully diluted earnings per share            $1.94             $1.88
                                   ==============    ==============


We submit this calculation in accordance with Regulation S-K,Item 601(b)11.
It is not required by footnote 2 to paragraph 14 of Accounting Principles
Board Opinion No. 15 because it results in dilution of less than three
percent.


We have restated amounts for the prior year to include the windfall tax
benefit in our determination of the dilutive effect of outstanding options.
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## Table 3.2: Monthly Labor Force Participation (LFP) of Civilians Ages 16 to 64 by Disability Status

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eXom fault tree 

Critical failures Conditions Safety actions Conditions Safety Warnings 

I High level autopilot failure r- ---1 High level barometer failure I 

Switch to low level autopilot and ---1 I I I • Low leveiiMU failure High level IMU failure I • emergency landing 

I High level magnetometer failure r- ---1 Battery gauge failure I 

No ~ Emergency landing ---1 Low battery I I r-, Low level barometer failure Is the high level autopilot • ---1 Battery hot I I in charge? Low level magnetometer failure t- Yesl ~ Return home and wait for command ...... 

...... : High level or low level autopilot hot I 

---1 I I Battery overheat r- Outside working area 

• Emergency landing ---1 I • Above working ceiling 

I r- Battery critical level 

---1 Telemetry link failure I 

Return home ---1 Strong wind I and start landing ...... 

"""''' Prompt operator to land manually 

Yes ["I ~ Switch to automatic navigation I Poor GPS coverage I I I Lost RC signal in manual mode I Is the high level autopilot Return home and wait for command I 

I • in charge? 

No4 ~ Emergency landing 

No~ ~ Carry with current action 

I GPS failure I .... Is the automatic I navigation mode on ? Hover for 30 seconds then 

Yes Emergency landing 

I Fare outside of working area 

I ' Emergency landing I ~ 

I Abnormal sink rate and atitude r- ... J 

Ill' .I Motor cut off 

I Motor controller failure rI Battery failure I ... J Motors stop (consequence) I Ill' I
§ 10.620 Who pays the costs associated with subpoenas? ( a ) Witnesses who are not employees or former employees of the Federal Government shall be paid the same fees and mileage as paid for like services in the District Court of the United States where the subpoena is returnable, except that expert witnesses shall be paid a fee not to exceed the local customary fee for such services.
( b ) Where OWCP asked that the witness submit evidence into the case record or asked that the witness attend, OWCP shall pay the fees and mileage. Where the claimant requested the subpoena, and where the witness submitted evidence into the record at the request of the claimant, the claimant shall pay the fees and mileage.
Editorial Note on Part 25
Editorial Note: Nomenclature changes to part 25 appear by T.D. ATF-437, 66 FR 5478, 5479, Jan. 19, 2001.

§ 25.57 Formula information. ( a ) *Ingredient information.* ( 1 ) For each formula you must list each separate ingredient and the specific quantity used, or a range of quantities used. You may include optional ingredients in a formula if they do not impact the labeling or identity of the finished product.
( 2 ) For fermented products containing flavorings you must list for each formula: The name of the flavor; the product number or TTB drawback number and approval date of the flavor; the name and location (city and State) of the flavor manufacturer; the alcohol content of the flavor; and the point of production at which the flavor was added (that is, before, during, or after fermentation).
( 3 ) For formulas that include the use of flavors and other nonbeverage ingredients containing alcohol, you must explicitly indicate: ( i ) The volume and alcohol content of the beer base;
( ii ) The maximum volumes of the flavors and other nonbeverage ingredients containing alcohol to be used;
( iii ) The alcoholic strength of the flavors and other nonbeverage ingredients containing alcohol;
( iv ) The overall alcohol contribution to the finished product provided by the addition of any flavors or other nonbeverage ingredients containing alcohol. You are not required to list the alcohol contribution of individual flavors and other nonbeverage ingredients containing alcohol. You may state the total alcohol contribution from these ingredients to the finished product; and
( v ) The final volume and alcohol content of the finished product.
( b ) *Process information.* For each formula you must describe in detail each process used to produce a fermented beverage.
( c ) *Alcohol content.* For each formula you must state the alcohol content of the fermented product after fermentation and the alcohol content of the finished product.
( d ) *Beer base formulas.* You must refer in your formula to any approved formula number that covers the production of any beer base used in producing the formula product. If the beer base was produced by another brewery of the same ownership, you must also provide the name and address or name and registry number of that brewery.
( e ) *Additional information.* The appropriate TTB officer may at any time require you to file additional information concerning a fermented product, ingredients, or processes, in order to determine whether a formula should be approved or disapproved or whether the approval of a formula should be continued.
(26 U.S.C. 5415, 5555, 7805(a))
### §3611. Authorization of appropriations

#### (a) Sums available during obligation period for asbestos detection and asbestos hazards control loan programs

(1) There are authorized to be appropriated—

(A) for the asbestos detection program under section 3604 of this title, for the fiscal year ending September 30, 1981, and for the succeeding fiscal year, a total of not more than $22,500,000; and

(B) for the asbestos hazards control loan program under section 3605 of this title, not more than $75,000,000 for the fiscal year ending September 30, 1981, and $75,000,000 for the fiscal year ending September 30, 1982.

(2) Sums appropriated under paragraph (1) of this subsection shall remain available for obligation until September 30, 1983.

#### (b) Programs automatically eligible for contingent extension

Programs under this chapter shall be considered automatically eligible for the one-year contingent extension under section 1226a 1 of this title.

#### (c) Greatest financial need as basis for approval of applications in case of insufficient funds

If funds appropriated to carry out this chapter are insufficient to pay the total amount required to make all the grants and loans authorized under this chapter, the Secretary shall establish criteria to be used in determining which applicants for grants or loans under this chapter have the greatest financial need for receiving funds under this chapter and shall make determinations regarding the approval of applications for such grants or loans in accordance with such criteria.

#### (d) Authority of Secretary dependent on specific appropriations

Notwithstanding any other provision of this chapter, the authority of the Secretary to enter into agreements, or to make payments, under this chapter shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts.

(Pub. L. 96–270, §12, June 14, 1980, 94 Stat. 497.)

#### **Editorial Notes**

#### References in Text

Section 1226a of this title, referred to in subsec. (b), was in the original a reference to section 414 of the General Education Provisions Act. Section 414 of that Act was renumbered as section 422 by Pub. L. 103–382, title II, §212(b)(1), Oct. 20, 1994, 108 Stat. 3913, and is classified to section 1226a of this title.

1 See References in Text note below.
**EXHIBIT 12(c)**

#### **PACCAR and Subsidiaries**

**COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES**

**PURSUANT TO SEC REPORTING REQUIREMENTS**

(Millions of Dollars)
| ** **                                         | ** ** | **Three Months Ended** | ** ** |
|----------------------------------------------------|------------|----------------------------------|------------|
| ** **                                         | ** ** | **March 31**                | ** ** |
| ** **                                         | ** ** | **2007**                         | ** ** | **2006** | ** ** |
| FIXED CHARGES                                      |       |                             |       |   |   |
| Interest expense -  PACCAR and Subsidiaries (1)    | ** ** | **$**                            | **89.3**   |   | $ | 65.0 |   |
| Portion of rentals  deemed interest                | ** ** | **4.3**                          |       | 4.5 |   |
|                                               | ** ** | ** **                       |       |   |   |
| TOTAL FIXED CHARGES                                | ** ** | **$**                            | **93.6**   |   | $ | 69.5 |   |
|                                               | ** ** | ** **                       |       |   |   |
| EARNINGS                                           |       |                             |       |   |   |
| Income before taxes -  PACCAR and Subsidiaries (2) | ** ** | **$**                            | **537.7**  |   | $ | 500.7 |   |
| Fixed charges                                      | ** ** | **93.6**                         |       | 69.5 |   |
|                                               | ** ** | ** **                       |       |   |   |
| EARNINGS AS DEFINED                                | ** ** | **$**                            | **631.3**  |   | $ | 570.2 |   |
|                                               | ** ** | ** **                       |       |   |   |
| RATIO OF EARNINGS TO FIXED CHARGES                 | ** ** | **6.74X**                        |       | 8.20X |   |

 

----

(1) Exclusive of interest, if any, paid to PACCAR.

(2) Includes before tax earnings of wholly ownedsubsidiaries.

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6405

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

THOMAS AUGUSTIN,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. H. Brent McKnight,

District Judge. (3:02-cr-00208)

Submitted: August 30, 2006 Decided: September 13, 2006

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas Augustin, Appellant Pro Se. Keith Michael Cave, OFFICE OF

THE UNITED STATES ATTORNEY, Charlotte, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

In 2003, Thomas Augustin entered a guilty plea to

possession of fifty grams or more of cocaine base (crack) and 500

grams or more of cocaine with intent to distribute, in violation of

21 U.S.C. § 841(a) (2000), and was sentenced to a term of 210

months imprisonment. Augustin appealed his sentence, and we

affirmed it. United States v. Augustin, 102 F. App’x 771 (4th Cir.

2004) (04-4061). The Supreme Court later vacated this court’s

judgment and remanded the case for further proceedings in light of

United States v. Booker, 543 U.S. 220 (2005). On remand, we again

affirmed the sentence. United States v. Augustin, 157 F. App’x 582

(4th Cir. 2005) (04-4061).

Augustin subsequently filed in the district court a

“Notice of Application for a Certificate of Appealability,”

referencing the date of his 2003 sentencing hearing. The district

court construed the application as a notice of appeal from the

original judgment. Augustin has now filed an informal brief in

this court in which he challenges his conviction and sentence and

asserts that his counsel rendered ineffective assistance. Because

Augustin has previously appealed from the judgment entered on

January 12, 2004, this appeal is redundant.

We therefore dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately
- 3 -

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
**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 Amendment No. 1 to the Annual Report of Tennessee Commerce Bancorp, Inc. (the “Corporation”) on Form 10-K for the period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Frank Perez, Chief Financial Officer of the Corporation, 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 and 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 Corporation.

 
|   | /s/ Frank Perez                       |
|--------|---------------------------------------|
|   | Frank Perez                           |
|   | Chief Financial Officer               |
|   | Tennessee Commerce Bancorp, Inc. |
|   | April 18, 2011                        |

 

----