alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

____________

No. 23-30808

Summary Calendar

____________

United States of America, 

Plaintiff—Appellee,

versus

Adrienne Gale Thomas,

Defendant—Appellant.

______________________________

Appeal from the United States District Court 

for the Western District of Louisiana

USDC No. 5:23-CR-41-1

______________________________

Before Willett, Duncan, and Ramirez, Circuit Judges.

Per Curiam:

*

The Federal Public Defender appointed to represent Adrienne Gale 

Thomas 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). Thomas has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

June 10, 2024

Lyle W. Cayce

Clerk

Case: 23-30808 Document: 43-1 Page: 1 Date Filed: 06/10/2024
No. 23-30808

2

concur with counsel’s assessment that the appeal presents no 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: 23-30808 Document: 43-1 Page: 2 Date Filed: 06/10/2024
### §9814. Qualifications pay

(a) Notwithstanding section 5334, the Administrator may set the pay of an employee paid under the General Schedule at any step within the pay range for the grade of the position, if such employee—

(1) possesses unusually high or unique qualifications; and

(2) is assigned—

(A) new duties, without a change of position; or

(B) to a new position.

(b) If an exercise of the authority under this section relates to a current employee selected for another position within the Administration, a determination shall be made that the employee's contribution in the new position will exceed that in the former position, before setting pay under this section.

(c) Pay as set under this section is basic pay for such purposes as pay set under section 5334.

(d) If the employee serves for at least 1 year in the position for which the pay determination under this section was made, or a successor position, the pay earned under such position may be used in succeeding actions to set pay under chapter 53.

(e) Before setting any employee's pay under this section, the Administrator shall submit a plan to the Office of Personnel Management and the appropriate committees of Congress, that includes—

(1) criteria for approval of actions to set pay under this section;

(2) the level of approval required to set pay under this section;

(3) all types of actions and positions to be covered;

(4) the relationship between the exercise of authority under this section and the use of other pay incentives; and

(5) a process to evaluate the effectiveness of this section.

(Added Pub. L. 108–201, §3(a), Feb. 24, 2004, 118 Stat. 474.)

#### **Editorial Notes**

#### References in Text

The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
### §100803. Interpretation and education evaluation and quality improvement

The Secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that they—

(1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System;

(2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs;

(3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology; and

(4) reflect current scientific and academic research, content, methods, and audience analysis.

(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
Exhibit 99.1




                     CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Energy Conversion Devices, Inc. (the "Company") Quarterly
Report on Form 10-Q for the quarter ending September 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Stanford R. Ovshinsky, 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, to the best of my knowledge,

        1.     The Report fully complies with the requirements of Section 13(a)
               or 15(d) of the Securities Exchange Act of 1934, as amended; 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:   November 14, 2002                   By:  /s/ Stanford R. Ovshinsky
                                                 -------------------------------
                                                 Stanford R. Ovshinsky
                                                 Chief Executive Officer
Form of Common Stock Certificate



 Exhibit 4.5 
 

 
 Number 
 Shares 
 COMMON STOCK 
 COMMON STOCK 
 INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE 
 CUSIP 141916 10 6 
 THIS CERTIFIES THAT 
 SEE REVERSE FOR STATEMENTS RELATING TO RIGHTS, PREFERENCES, PRIVILEGES AND RESTRICTIONS, 
 IF ANY SPECIMEN
COUNTERSIGNED AND REGISTERED: COMPUTERSHARE TURST COMPANY, N.A. 
 (Denver Colorado) 
 TRANSFER AGENT AND REGISTRAR 
 BY 
 AUTHORIZED SIGNATURE 
 IS THE RECORD HOLDER OF 
 FULLY PAID AND NONASSESSABLE SHARES OF THE COMMON
STOCK, $.0001 PAR VALUE, OF 
 CARDIUM THERAPEUTICS, INC. 
 Transferable on the books of the Corporation by the holder hereof in person or by a duly authorized attorney upon surrender of this
Certificate properly endorsed. This Certificate is not valid unless countersigned and registered by the Transfer Agent and Registrar. Witness the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers.

 Dated 
 PRESIDENT 
 SECRETARY 







 

 
 The Corporation will furnish without charge to each stockholder who so requests the powers,
designations, preferences and relative, participating, optional, or other special rights of each class of stock or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. Such requests shall be made to
the Corporation’s Secretary at the principal office of the Corporation. 
 KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT
IS LOST, STOLEN, OR DESTROYED THE CORPORATION WILL REQUIRE A BOND OF INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT CERTIFICATE. 
 The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: 
 TEN COM - as tenants in common 
 TEN ENT - as tenants by the entireties 
 JT TEN - as joint tenants with right of survivorship and
not as tenants in common 
 UNIF GIFT MIN ACT - Custodian 
 (Cust) (Minor) 
 under Uniform Gift to Minors Act (State) 
 UNIF TRF MIN ACT - Custodian (until age) 
 under Uniform Transfers (Minor) 
 to Minors Act 
 (State) 
 Additional abbreviations may also be used though not in the above list. 
 FOR VALUE RECEIVED, hereby sell, assign and transfer unto 
 PLEASE INSERT SOCIAL SECURITY OR OTHER 
 IDENTIFYING NUMBER OF ASSIGNEE

 (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) 
 Shares of the common stock represented by the within Certificate, and do hereby irrevocably constitute and appoint 
 Attorney to transfer the said stock on the books on the within named Corporation with full power of substitution in the premises.

 Dated 
 NOTICE: THE SIGNATURE(S) TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME(S) AS WRITTEN UPON THE FACE OF THE CERTIFCATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER. 
 Signature(s) Guaranteed 
 By 
 THE SIGNATURES(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS
AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.
##### 



SEPARATION AGREEMENT
AND
RELEASE
        Termination Date
 Entitlements under Employment Agreement




---



##### 



Severance Payment
 Benefits
 Stock Options
 Pro Rata Bonus
 Withholding Taxes
 Non-Competition
 -2-




---



##### 



Confidentiality; Non-Disparagement
 Material Inducement
 Release
   -3-




---



##### 



Executive Acknowledgments
 Notice of Termination
 Entire Agreement
 Severability
 -4-




---



##### 



Governing Law
 Counterparts
  -5-




---



##### 



/s/
George A. BurnettGeorge A. BurnettR.H. DONNELLEY CORPORATION/s/
Robert J. BushRobert J. Bush
Senior Vice President,
General Counsel and
Corporate Secretary
**Exhibit
      23**





We
      consent to the incorporation by reference and use of our report dated February
      14, 2008 on the consolidated financial statements of Rurban Financial Corp.
      and
      Subsidiaries, which appears in Rurban Financial Corp.’s Form 10-K for the year
      ended December 31, 2007, in Rurban Financial Corp.’s Registration Statement on
      Form S-8 (SEC Registration No. 333-46989), filed February 27, 1998, pertaining
      to the Rurban Financial Corp. Stock Option Plan.





/s/ 
                **BKD, LLP****BKD, LLP**




Cincinnati,
      Ohio


March
      17,
      2008
```

[Federal Register: May 24, 2010 (Volume 75, Number 99)]
[Notices]               
[Page 28849]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my10-105]                         

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

DEPARTMENT OF STATE

[Public Notice 7023]

 
Renewal of Cultural Property Advisory Committee Charter

SUMMARY: The Charter of the Department of State's Cultural Property 
Advisory Committee (CPAC) has been renewed for an additional two years.

    The Charter of the Cultural Property Advisory Committee is being 
renewed for a two-year period. The Committee was established by the 
Convention on Cultural Property Implementation Act of 1983, 19 U.S.C. 
2601 et seq. It reviews requests from other countries seeking U.S. 
import restrictions on archaeological or ethnological material the 
pillage of which places a country's cultural heritage in jeopardy. The 
Committee makes findings and recommendations to the Secretary of State, 
who, on behalf of the President, determines whether to impose the 
import restrictions. The membership of the Committee consists of 
private sector experts in archaeology, anthropology, or ethnology; 
experts in the international sale of cultural property; and 
representatives of museums and of the general public.

FOR FURTHER INFORMATION CONTACT: Cultural Heritage Center, U.S. 
Department of State, Bureau of Educational and Cultural Affairs, State 
Annex 5, 2200 C Street, NW., Washington, DC 20522. Telephone: (202) 
632-6301; Fax: (202) 632-6300.

    Dated: May 10, 2010.
Maria P. Kouroupas,
Executive Director, Cultural Property Advisory Committee, Department of 
State.
[FR Doc. 2010-12406 Filed 5-21-10; 8:45 am]
BILLING CODE 4710-05-P
```
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

March 26, 2007 Clifford W. Taylor,

 Chief Justice 

132732 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132732 

 COA: 273127 

Antrim CC: 05-003861-FH;

05-003867-FH 

DAVID RICHARD DORLAND,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the October 23, 2006 

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

persuaded that the question presented should be reviewed by this Court. 

p0319 

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. 

March 26, 2007 

 Clerk
**Exhibit 34.1**

REPORT OF   INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM To the Board of Directors of   Public Service Company of New Hampshire Hartford, Connecticut We have   examined management's assertion for the Public Service Company of New   Hampshire and subsidiaries (“PSNH” or the “Company”) regarding compliance   with the servicing criteria set forth in Item 1122(d) of the Securities and   Exchange Commission's Regulation AB (“Regulation AB”) for the Rate Reduction   Bonds Series 2018-1 (the "Platform") as of and for the year ended   December 31, 2018, excluding criteria items 1122(d)(1)(ii), 1122(d)(1)(iii),   1122(d)(1)(iv), 1122(d)(2)(iii), 1122(d)(2)(vi), 1122(d)(4 )(iii),   1122(d)(4)(v), 1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi),   1122(d)(4)(xii), 1122(d)(4)(xiii), and 1122(d)(4)(xv), which management has   determined are not applicable to the activities performed by the Company with   respect to the Platform. PSNH’s management is responsible for the Company's   compliance with the servicing criteria. Our responsibility is to express an   opinion on management's assertion about the Company's compliance with the   servicing criteria based on our examination. Our examination was conducted in   accordance with the standards of the Public Company Accounting Oversight   Board (United States) and attestation standards established by the American   Institute of Certified Public Accountants, and, accordingly, included   examining, on a test basis, evidence about the Company's compliance with the   applicable servicing criteria, including tests on a sample basis of the   servicing activities related to the Platform, determining whether the Company   performed those selected activities in compliance with the servicing criteria   during the specified period, and performing such other procedures as we   considered necessary in the circumstances. Our procedures were limited to   selected servicing activities performed by the Company during the period   covered by this report and, accordingly, such samples may not have included   servicing activities related to each item included in the Platform. An   examination involves performing procedures to obtain evidence about   management’s assertion. The nature, timing, and extent of the procedures   selected depend on our judgment, including an assessment of the risks of   material misstatement of management’s assertion, whether due to fraud or   error. We believe that the evidence we obtained is sufficient and appropriate   to provide a reasonable basis for our opinion. Our examination does not   provide a legal determination on the Company's compliance with the servicing   criteria. In our opinion, management's assertion that the Company complied   with the applicable servicing criteria as of and for the year ended December   31, 2018 for the Platform is fairly stated, in all material respects. /s/ Deloitte   & Touche LLP Hartford, Connecticut March 22, 2019
Exhibit 32.1 

 

CERTIFICATE 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 Annual Report of UQM Technologies,Inc. (the "Company") on Form 10-K for the annual period ended March31, 2010 as filed with the Securities and Exchange Commission on the date hereof(the "Report"), the undersigned Chief Executive Officer and ChiefFinancial Officer of the Company hereby certify, pursuant to 18 U.S.C. Section1350, 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) ofthe Securities Exchange Act of 1934, and 2) the information contained in thereport fairly presents, in all material respects, the financial condition andresults of operations of the Company as of and for the periods covered in theReport.

| /s/ WILLIAM G.      RANKIN 
William G. Rankin 
Chairman, President and Chief Executive      Officer                                                                                                                     
/s/ DONALD A.      FRENCH 
Donald A. French 
Treasurer, Secretary and Chief Financial Officer
Dated:  May 21, 2010 |
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
187 So. 673

#### STATE v. SCRUGGS et ux.

No. 35194.

March 6, 1939.

S. R. Holstein, of Winnsboro, for appellants.

Gaston L. Porterie, Atty. Gen. (David M. Ellison, of Baton Rouge, successor to Mr. Porterie), James O’Connor, First Asst. Atty. Gen., and Jesse C. McGee, Dist. Atty., of Harrisonburg, for the State.

ROGERS, Justice.

The defendants, Vernon Scruggs and May Scruggs; are husband and wife. They were indicted for the larceny of goods of the value of more than $100 and were convicted of larceny of goods of a value less than $100. After verdict and before sentence, the district attorney filed a bill of information charging the defendants as second-offenders, and due proof having been made of their prior convictions, they were sentenced to serve not less than two years nor more than four years in the state penitentiary. Defendants appealed from their conviction and sentence.

The appeal was submitted to this Court on February 10, 1939, and it now appears that the appellants escaped from the parish jail on or about February 12, 1939, and have become fugitives from justice. The State of Louisiana, through the district attorney, has, therefore, filed a motion to dismiss the appeal.

The facts relating to the appellants’ escape from prison and showing that they are fugitives from justice are sustained by the sworn statement of the sheriff of the parish of Catahoula and are not denied.

It is well settled that if a person convicted of a criminal offense appeals and breaks jail and escapes, his appeal will be dismissed. State v. Butler, 132 La. 597, 61 So. 682; State v. Lacroute, 134 La. 3, 63 So. 603; State v. Rogers, 150 La. 1080, 91 So. 518.

The appeal herein is dismissed.

O’NIELL, Chief Justice

(dissenting).

The conviction and sentence appealed from in this case are absolutely null because the verdict of the jury did not denote the grade of the offense of which the defendants were found guilty; hence *299the judge could not know what sentence he should or might impose. My opinion is that we should either recognize and pronounce the nullity of the conviction and sentence, or remand the case to the district court for a determination of the question whether the defendants have forfeited the right of appeal. If they are fugitives from justice, and if they should be apprehended, they could not be compelled to suffer imprisonment *on*an invalid conviction and , sentence. Their breaking jail and escaping, — if they have broken jail and escaped, — could not validate their conviction or the sentence that has been imposed upon them.
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**Title: Thinkingobliquely: Robert T. Jones, the Oblique Wing, NASA�s AD-1 Demonstrator, and itslegacy**
 
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SuDoc Number:NAS 1.120:OB 4
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May 23, 2018
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE ERIE
FAMILY LIFE INSURANCE COMPANY'S STATEMENT OF FINANCIAL POSITION AND STATEMENT OF
OPERATIONS DATED SEPTEMBER 30, 1999 AND ARE QUALIFIED IN THEIR ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS
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<DEBT-CARRYING-VALUE>                                0
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