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

No. 15

- 50642 Summary Calendar

TATE RYAN GRESHAM,

Plaintiff

- Appellant

v. VINCENT FISCHER; HOWARD E. WILLIAMS,

Defendants

- Appellees

Appeal from the United States District Court For the Western District of Texas USDC No. 1:14

- CV

- 739

Before REAVLEY, SMITH, and HAYNES, Circuit Judges

. *
PER CURIAM: * * The judgment of the district court is affirmed for the reasons given by the judge. With the clear posture of what Officer Fischer saw on this occasion, his behavior was objectively reason able. This is the qualified immunity officers are given by the law. With the benefit of possible view today of this affair, and

* Judge Haynes concurs in the judgment only.

* * Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 20, 2016

Lyle W. Cayce Clerk Case: 15-50642 Document: 00513348979 Page: 1 Date Filed: 01/20/2016No. 15

- 50642

2 with more thought by the law en forcement officials, a different conduct in some respect could be called for. Nonetheless, tod ay we must say that Officer Fischer’s conduct was objectively reasonable. It means that injured parties cannot argue and litigate about what ha ppe n ed or how they saw the s ame
event. When officers come upon a disturbance as did this officer after 1 a.m. at Aspen Heights Apartments, it is their duty to get the attention of the people then and determine what must be done to obtain peace and legal obedience. It is the right and duty for the officer to take control, to direct the movement o r speech of those pr esent as required to reach that peace and legal conduct.
Counsel and the Plaintiff here need to understand this. Judge Yeak el pointed out th is law, as he did to explain why no claim can be made against the City of San Marcos or Chief of Police without evi dence of any policy that was the moving force behind any constitutional violation.
AFFIRMED. Case: 15-50642 Document: 00513348979 Page: 2 Date Filed: 01/20/2016
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 6866

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. SHAHID HASSAN MUSLIM, a/k/a Sharp, a/k/a Sean Williams , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte

. Robert J. Conrad, Jr. , District Judge. ( 3:13

- cr
- 00307

- RJC

- DCK

- 1 )

Submitted : November 17, 2020 Decided: November 20, 2020

Before MOTZ and KEENAN , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Shahid Hassan Muslim, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 P ER CURIAM:
Shahid Hassan Muslim appeal s the district court ’ s order denying his motion for an extension of time in which to file a 28 U.S.C. § 2255 motion. We have reviewed the record
and find no reversible error. Accordingly, we affirm for the reasons stated by the district

court. United St ates v. Muslim , No. 3 : 13

- cr
- 00 307

- R JC

- DCK

- 1 ( W .D. N.C. Apr . 2 8 , 20 20 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional
process. AFFIRMED
#### Wolf Stahl, Respondent, v. Ilbert Stahl et al., Appellants.

Motion by appellants to extend time to perfect their appeal granted, on condition that appellants argue or submit the appeal at the December Term, beginning November 28, 1960. The appeal is ordered to he placed on the calendar, peremptorily against appellants, for said term. The record and appellants’ brief must be served and filed on or before November 14, 1960. Stay continued pending determination of appeal. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.
#### 2014.407-4 Mistakes after award.

The cognizant contracting officer is delegated the authority to make determinations concerning mistakes disclosed after award in accordance with FAR 14.407-4. These determinations will be concurred in by legal counsel prior to notification of the contractor.
#### Alexander *v.*The State.

April 18, 1913.

Indictment for murder. -Before Judge Daniel. Pike superior court. January 2, 1913.

*J. J. Flynt*and *U. 0. Farr,*for plaintiff in error.

*T. S. Felder, attorney-general, E. M. Owen, solicitor-general,*and *J. W. Wise,*contra.

Lumpkin, J.

1 Under tlie evidence, there was no error in omitting to charge on the subject of voluntary manslaughter.

2. The evidence supported the verdict, and there was no error in overruling the motion for a new trial.

*Judgment affirmed.*

*All the Justices concur.*
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 23 Enrolled Bill (ENR)]

        S.Con.Res.23
                                    Agreed to September 12, 2017        

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
          the third day of January, two thousand and seventeen

                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. USE OF EMANCIPATION HALL FOR CEREMONY TO PRESENT THE 
              CONGRESSIONAL GOLD MEDAL TO THE FILIPINO VETERANS OF 
              WORLD WAR II.

    (a) Authorization.--Emancipation Hall in the Capitol Visitor Center 
is authorized to be used on October 25, 2017 for a ceremony to present 
the Congressional Gold Medal collectively to the Filipino Veterans of 
World War II in recognition of their dedicated military service.
    (b) Preparations.--Physical preparations for the conduct of the 
ceremony described in subsection (a) shall be carried out in accordance 
with such conditions as may be prescribed by the Architect of the 
Capitol.
Attest:

                                               Secretary of the Senate.
Attest:

                                 Clerk of the House of Representatives.
```
Exhibit 10(b)

CONSENT OF SWIDLER BERLIN SHEREFF FRIEDMAN, LLP

We hereby consent to the reference to our firm included in Part A and Part B of
Amendment No. 7 to Registration Statement on Form N-1A (No. 811-7885) of
Quantitative Master Series Trust.

/s/Swidler Berlin Shereff Friedman, LLP
---------------------------------------
Swidler Berlin Shereff Friedman, LLP
New York, New York
April 28, 2000
<PAGE>

EXHIBIT 11
QMS, INC. AND SUBSIDIARIES
STATEMENT RE COMPUTATION OF PER SHARE NET INCOME (LOSS)
For the Fiscal Year Ended December 31, 1999, the Transition Period Ended January
1, 1999, and the Fiscal Years Ended October 2, 1998, and October 3, 1997

<TABLE>
<CAPTION>

                                                           Transition
(in thousands, except per share amounts)           1999      Period      1998      1997
                                                 --------  ----------  --------  --------
<S>                                             <C>        <C>         <C>       <C>
Net income (loss)                               $(27,400)   $   112    $ 1,825   $(26,122)
                                                ========    =======    =======   ========


Shares used in this computation:
 Weighted average common shares
  outstanding (basic)                             12,152     10,697     10,697     10,696

 Shares applicable to stock options, net
  of shares assumed to be purchased
  from proceeds at average market                      0        179        190          0
                                                --------    -------    -------   --------

Total diluted shares                              12,152     10,876     10,887     10,696
                                                ========    =======    =======   ========


Net income (loss) per common share:
 Basic and diluted before extraordinary loss    $  (2.22)   $  0.01    $  0.17   $  (2.44)
 Extraordinary loss                                (0.03)       .00        .00        .00
                                                --------    -------    -------   --------
 Basic and diluted after extraordinary loss     $  (2.25)   $  0.01    $  0.17   $  (2.44)
                                                ========    =======    =======   ========

 Weighted average number of shares used in
 computing net income (loss) per share:
  Basic                                           12,152     10,697     10,697     10,696
  Diluted                                         12,152     10,887     10,887     10,696

</TABLE>
II 

115TH CONGRESS 

1ST SESSION S. 885 

To amend the Internal Revenue Code of 1986 to include foster care transition 

youth as members of targeted groups for purposes of the work opportunity credit. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 4), 2017 

Mr. CASEY (for himself and Mr. CARDIN) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to include 

foster care transition youth as members of targeted 

groups for purposes of the work opportunity credit. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improved Employment 

5 Outcomes for Foster Youth Act of 2017’’. 


lotter on DSK5VPTVN1PROD with BILLS
2 

•S 885 IS

1 SEC. 2. INCLUSION OF FOSTER CARE TRANSITION YOUTH 

2 FOR PURPOSES OF WORK OPPORTUNITY 

3 CREDIT. 

4 (a) IN GENERAL.—Paragraph (1) of section 51(d) of 

5 the Internal Revenue Code of 1986 is amended— 

6 (1) by striking ‘‘or’’ at the end of subparagraph 

7 (I), 

8 (2) by striking the period at the end of sub9 paragraph (J) and inserting ‘‘, or’’, and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(K) a qualified foster care transition 

13 youth.’’. 

14 (b) QUALIFIED FOSTER CARE TRANSITION

15 YOUTH.—Subsection (d) of section 51 of the Internal Rev16 enue Code of 1986 is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(16) QUALIFIED FOSTER CARE TRANSITION

19 YOUTH.—The term ‘qualified foster care transition 

20 youth’ means any individual who is certified by the 

21 designated local agency as— 

22 ‘‘(A) not having attained age 27 as of the 

23 hiring date, and 

24 ‘‘(B) having been in foster care (within the 

25 meaning of section 477 of the Social Security 


lotter on DSK5VPTVN1PROD with BILLS
3 

•S 885 IS

1 Act) after attaining the age specified in section 

2 477(a)(7) of the Social Security Act.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to individuals who 

5 begin work for the employer after the date of the enact6 ment of this Act. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS
EXHIBIT 31.4



CERTIFICATION



I, Kevin McIntosh, certify that:



1. I have reviewed this Amendment No. 1 on Form 10-KSB/A of Venture Catalyst Incorporated; and



2. Based on my knowledge, this 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 report.



By:

/s/    KEVIN MCINTOSHKevin McIntosh Senior Vice President, Chief Financial Officer, Secretary and Treasurer




Dated: October 21, 2003
Exhibit 23(a)

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration Statements
  on Form S-3 (Nos. 333-85716, 333-85716-01, 333-85716-02, 333-54504, 333-54504-01,
  333-54504-02, 333-106200 and 106200-01), the Registration Statements on Form
  S-3D (Nos. 333-102845 and 333-48781), the Registration Statement on Form S-4
  (No. 333-108450), and the Registration Statements on Form S-8 (Nos. 333-02003,
  333-112453, 333-110372, and 333-95967) of PPL Corporation of our report dated
  February 2, 2004 relating to the consolidated financial statements and financial
  statement schedule of PPL Corporation, which appears in this Form 10-K.

PricewaterhouseCoopers LLP
  Philadelphia, PA
  March 1, 2004
ACCEPTED

01-14-00265-cr

FIRST COURT OF APPEALS

HOUSTON, TEXAS

5/11/2015 12:00:00 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/11/2015 11:24:00 AM CHRISTOPHER A. PRINE Clerk
#### Mabel Chenu v. Board of Trustees of the Police Pension Fund et al.

Motion to dismiss appeal granted, with $10 costs, unless the appellant procures the record on appeal and appellant’s points to be served and filed on or before January 31, 1961, with notice of argument for the March 1961 Term of this court, said. appeal to be argued or submitted when reached. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, JJ.
#### C. N. Y. Pipeline Construction Corp., Respondent, v Town of Jerusalem et al., Defendants-Appellants, and Third-Party Plaintiffs-Appellants. K. G. Woodward and Associates et al., Third-Party Defendants-Respondents.

Order unanimously affirmed, with costs, for the reasons stated at Special Term, Mastrella, J. We only add that the record does not show the date of accrual of plaintiff’s cause of action, as a basis for considering defendants’ motion to dismiss under subdivision 3 of section 65 of the Town Law. (Appeal from order of Monroe Supreme Court—summary judgment.) Present—Marsh, P. J., Dillon, Hancock, Jr., Schnepp and Witmer, JJ.
----

|  | 1. | The Form 10-Q for the quarter ended June 30, 2015, filed with the Securities and Exchange Commission on August 7, 2015 (“accompanied 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 accompanied report fairly presents, in all material respects, the consolidated financial condition and results of operations of Capital Southwest Corporation. |
|--|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  August 7, 2015 | By:    | /s/ Kelly Tacke                    |  |
|----------------------------|--------|------------------------------------|--|
|                       |   | Kelly TackeChief Financial Officer |  |

----
* Pursuant to Local Rule 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 Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60491 Conference Calendar

CARL FLOWERS, Plaintiff-Appellant,

versus DAVID M. BRYANT et al., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 2:94CV159-B-B

- - - - - - - - - - April 16, 1997 Before REAVLEY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM: * Carl Flowers, Mississippi state prisoner #82520, appeals from the denial of his motion for appointment of counsel in his 42 U.S.C. § 1983 civil rights complaint. He has filed a motion for leave to proceed in forma pauperis (IFP) on appeal. The motion for leave to appeal IFP is GRANTED. Because Flowers has no funds in his prison trust-fund account, no initial partial filing fee is required. See 28 U.S.C. § 1915(b)(4). FlowersNo. 96-60491 - 2 - shall make monthly payments of twenty percent of the preceding month’s income credited to his account. See 28 U.S.C. § 1915(b)(2). The agency having custody of Flowers is directed to forward payments from his prisoner account to the clerk of the district court each time the amount in his account exceeds $10 until the filing fee of $105 is paid. See id

. The district court did not abuse its discretion in denying Flowers’ motion for appointment of counsel. See Jackson v. Dallas Police Dep't , 811 F.2d 260, 261 (5th Cir. 1986).
AFFIRMED.
EXHIBIT 32.1



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 Annual Report of Venture Catalyst Incorporated (the Company) on Form 10-KSB for the year ending June 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, L. Donald Speer, II, Chairman of the Board and Chief Executive Officer, certify pursuant to 18 U.S.C. 1350, as adopted pursuant to 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
result of operations of the Company.



By:

/s/    L. DONALD SPEER, IIL. Donald Speer, II Chairman of the Board and Chief Executive Officer




Dated: September 24, 2003
DOCUMENT REMOVED DUE TO REASON[S ] CHECKED BELOW 

DOCUMENT ENTERED IN ERROR 

DOCUMENT WITHDRAWN/REMOVED PER COURT ORDER OF 

__________________. 

INCORRECT DOCUMENT LINKED 

OTHER 

REMOVED PER IOP 30(b)
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-10347 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus NICOLAS CANTU-GONZALEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:00-CR-106-1-C

-------------------- August 23, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. PER CURIAM: * Nicolas Cantu-Gonzalez appeals the 71-month term of imprisonment imposed following his guilty plea conviction of being found in the United States after removal in violation of 8 U.S.C. § 1326. Cantu-Gonzalez argues that his sentence should not have exceeded the two-year maximum term of imprisonment prescribed in 8 U.S.C. § 1326(a). Cantu-Gonzalez acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States , 523 U.S. 224 (1998), butNo. 01-10347 -2- seeks to preserve the issue for Supreme Court review in light of the decision in Apprendi v. New Jersey , 530 U.S. 466 (2000). Apprendi did not overrule Almendarez-Torres

. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S. Ct. 1214 (2001). CantuGonzalez’s argument is foreclosed. The judgment of the district court is AFFIRMED. In lieu of filing an appellee’s brief, the Government has filed a motion to dismiss this appeal. The Government’s motion to dismiss is DENIED. However, in light of our decision to affirm the district court’s judgment, the Government need not file an appellee’s brief. AFFIRMED; MOTION TO DISMISS DENIED.
#### 201.201-70 Maintenance of Procedures, Guidance, and Information.

The DAR Council is also responsible for maintenance of the DFARS Procedures, Guidance, and Information (PGI).

[69 FR 63326, Nov. 1, 2004]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Judicial Conference of the United States

# AGENCY:

Judicial Conference of the United States.

# ACTION:

Advisory Committee on Criminal Rules, Revised notice of open meeting.

# SUMMARY:

                        The Advisory Committee on Criminal Rules will hold a virtual meeting on May 11, 2021. The meeting is open to the public. When a meeting is held virtually, members of the public may join by telephone or video conference to observe but not participate. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at:                         *http://www.uscourts.gov/​rules-policies/​records-and-archives-rules-committees/​agenda-books.*                         The announcement for this meeting was previously published in 86 FR 3195.                    

# DATES:

May 11, 2021, 10 a.m.-5 p.m. (Eastern).

# FOR FURTHER INFORMATION CONTACT:

                        Rebecca A. Womeldorf, Secretary, Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7-300, Washington, DC 20544, Phone (202) 502-1820,                         *RulesCommittee_Secretary@ao.uscourts.gov.*

Authority:28 U.S.C. 2073.

Dated: January 14, 2021.

Rebecca A. Womeldorf,

Rules Committee Secretary, Rules Committee Staff.

[FR Doc. 2021-01384 Filed 1-21-21; 8:45 am]

BILLING CODE 2210-55-P
#### Steven J. Hunt, Respondent, v Aaron Joseph, Defendant, and Fiat Service Corp. et al., Appellants.

— In a negligence action to recover damages for personal injuries, defendants Fiat Service Corp. (Fiat) and Eden Transportation Systems, Inc. (Eden), appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated July 6, 1978, as granted the branch of plaintiff’s motion which sought to compel said defendants to produce an accident report. Order affirmed insofar as appealed from, with $50 costs and disbursements. Appellants’ time to produce the report is extended until 20 days after entry of the order to be made hereon. The action arises from an accident which occurred in 1974 involving d taxicab, owned by appellant Fiat and driven by the individual defendant, and plaintiff, a pedestrian. Plaintiff moved to compel the appellants, *inter alia,*to produce all reports in their possession relating to the accident. Appellants responded with an affirmation by their attorney stating, in pertinent part, that "the file reflects that the only report of the accident by the operator Aaron Joseph was an attorney’s report made to the attorney.” The record contains no other facts related directly to the accident report. We believe that Special Term correctly determined that the accident report was subject to disclosure. In these circumstances, the burden rested upon the appellants to demonstrate that the report was prepared solely for purposes of litigation and, therefore, was immune from disclosure (see CPLR 3101, subd [d]; *Mobil Oil Corp. v State of New York,*52 AD2d 1033; *Weisgold v Kiamesha Concord,*51 Mise 2d 456). The conclusory statement of appellants’ attorney was not sufficient to meet this burden. Damiani, J. P., Titone, O’Connor and Martuscello, JJ., concur.