alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 2027

GREGORY ANTHONY VANTRECE , Plaintiff

- Appellant ,

v. KILOLO KIJAKAZI, Acting Commissioner of Social Security , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Liam O’Grady , Senior District Judge. ( 1:20

- cv - 00124

- LO

- MSN )

Submitted : January 23, 2023 Decided: June 28, 2023

Before GREGORY , Chief Judge , and WYNN and HARRIS, Circuit Judges

.
Affirmed by un published per curiam opinion

. Gregory Anthony VanTrece, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-2027 Doc: 16 Filed: 06/28/2023 Pg: 1 of 32 PER CURIAM: Gregory Anthony VanTrece appeals the district co urt’s order accepting the recommendation of the magistrate judge and upholding the Administrative Law Judge’s (ALJ) denial of VanTrece’ s application s for disability insurance benefits and supplemental security income. “ In social security proceedings, a co urt of appeals applies the same standard of review as does the district court. That is, a reviewing court must uphold the determination when an ALJ has applied correct legal standards and the ALJ’s factual findings are supported by substantial evidence.” Brown v. Comm’ r Soc. Sec. Admin. , 873 F.3d 251, 267 (4th Cir. 2017) (citation and internal quotation marks omitted). “Substantial evidence is that which a reasonable mind might accept as adequate to support a conclusion. It consists of more than a mere scintilla of evidence but may be less than a preponderance.” Pearson v. Colvin , 810 F.3d 204, 207 (4th Cir. 2015) ( cleaned up ). “In reviewing for substantial evidence, we do not undertake to reweigh conflicting evidence, make credibility determinations, or substitute our judgment for that of the ALJ. Where conflicting evidence allows reasonable minds to differ as to whether a claimant is disabled, the responsibility for that decision falls on the ALJ.” Hancock v. Astrue , 667 F.3d 470, 472 (4th Cir. 2012) ( cleaned up ). We have reviewed the record and perceive no reversible error. The ALJ applied the correct legal standards in evaluating VanTrece ’s claim s for benefits, and the ALJ’s factual findings are supported by substantial evidence. Accordingly, we affirm the district court’s judgment upholding the denial of benefits. VanTrece v. Comm’r of Soc. Sec. , 1:20

- cv 00124

- LO

- MSN (E.D. Va. Aug. 23, 2021)

. We also deny VanTrece’s motion to remove USCA4 Appeal: 21-2027 Doc: 16 Filed: 06/28/2023 Pg: 2 of 33 online access to his case. 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 USCA4 Appeal: 21-2027 Doc: 16 Filed: 06/28/2023 Pg: 3 of 3
EXHIBIT 10.3

                                [GRAPHIC OMITTED]

                    1185 Avenue of the Americas, 20th Floor
                               New York, NY 10036
                                  646-721-4000

                                January 26, 2005

Mr. Christopher d'Arnaud-Taylor
360 West 22nd Street, 16B
New York
NY 10011

Dear Chris:

         This letter will confirm the terms of your employment by XETHANOL
CORPORATION ("Xethanol").

1.       TITLE

         You shall be employed by Xethanol as Chairman and Chief Executive
Officer reporting to the Board of Directors.

2.       COMPENSATION

         Your salary shall be $180,000 per annum, payable in bi-weekly
installments, subject to the other terms of this letter. This compensation will
be reviewed by the end of the first quarter of 2005.

3. TERM

         You shall be an employee of Xethanol for a period of three years,
beginning on January 1, 2005. Thereafter, you or Xethanol may terminate this
agreement for any reason at any time upon 10 days' prior written notice. At the
end of the notice period, your compensation will cease.

<PAGE>

Mr. Chris d'Arnaud-Taylor
-------------------------

4.       RESPONSIBILITIES

         Your responsibilities and duties shall be those ordinarily possessed by
a Chairman & Chief Executive Officer.

5. STOCK OPTIONS

         Xethanol has established an Incentive plan for its key employees in
which you will be eligible to participate. The Incentive plan provides for the
grant of stock options under Xethanol's 2005 Stock Option Plan.

6. CONFIDENTIALITY AND NON-COMPETITION AGREEMENT

         You will be required to execute Xethanol's standard form of
Confidentiality and Non-Competition Agreement.

7. SUPERSEDING AGREEMENT

         This agreement will be superseded within thirty (30) days with a new
agreement that will be more comprehensive, provide a more detailed job
description and outline your other benefits and level of participation in
Xethanol's 2005 Stock Option Plan.

                                   Sincerely,

                                   XETHANOL CORPORATION


                                          By:
                                             -----------------------------------
                                          Franz Skryanz
                                          Treasurer and Secretary
                                          Xethanol Corporation


____________________________
ACCEPTED
Case 4:20-cv-00110-MW-MAF Document 35-3 Filed 05/29/20 Page 1 of 2
Case 4:20-cv-00110-MW-MAF Document 35-3 Filed 05/29/20 Page 2 of 2
**Exhibit 31.2****CERTIFICATIONS**I, Donald R. Chappel, certify that:1. I have reviewed this quarterly report on Form 10-Q of Williams Partners L.P.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) [Intentionally omitted pursuant to SEC Release No. 34-47986];  c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and  d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.Date: September 22, 2005                                                       /s/ Donald R. Chappel   Donald R. Chappel   Chief Financial Officer of Williams Partners GPLLC, general partner of Williams Partners L.P.(Principal Financial Officer)
#### § 28.463 Leaf Grade 3.

Leaf Grade 3 is leaf which is within the range represented by a set of samples in the custody of the United States Department of Agriculture in a container marked “Original Official Cotton Standards of the United States, American Upland, Middling, effective July 1, 1987.”
**EXHIBIT 32.2**

 

**SARBANES-OXLEY SECTION 906 CERTIFICATION**

 

**CERTIFICATION OF W. RANDALL FOWLER, CHIEF FINANCIAL OFFICER**

**OF EPE HOLDINGS, LLC, THE GENERAL PARTNER OF**

**ENTERPRISE GP HOLDINGS L.P.**

 

In connection with this quarterly report of Enterprise GP Holdings L.P. (the “Registrant”) on Form 10-Q for the three and nine months ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, W. Randall Fowler, Chief Financial Officer of EPE Holdings, LLC, the general partner of the Registrant, 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) 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 Registrant. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------|
**Exhibit 32.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS  ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

I, John C. Textor, Chief Executive Officer of BabyUniverse, Inc. (the “Company”) in compliance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that to the best of my knowledge: 

(1)     the Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2006 fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and 

(2)     the information contained in such Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. 

In Witness Whereof, the undersigned has set his hand hereto as of the 14th day of November 2006. 

|   | */s/ John C. Textor*      |
|--------|---------------------------|
|   |                           |
|   | *John C. Textor*          |
|   | *Chief Executive Officer* |

----
Page 1 of 2

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ARIEL TRASANCO,

Plaintiff,

v. CASE NO. 3:20cv5259-MCR-HTC

DENTIST JANE DOE, et al.,

Defendants.

__________________________/

O R D E R

This cause comes on for consideration upon the Magistrate Judge’s Report 

and Recommendation dated April 7, 2020. ECF No. 5. The parties have been 

furnished a copy of the Report and Recommendation and have been afforded an 

opportunity to file objections pursuant to Title 28, United States Code, Section 

636(b)(1). I have made a de novo determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections 

thereto timely filed, I have determined that the Report and Recommendation should 

be adopted.

Accordingly, it is now ORDERED as follows:

1. The Magistrate Judge’s Report and Recommendation is adopted and 

incorporated by reference in this Order.

Case 3:20-cv-05259-MCR-HTC Document 6 Filed 05/11/20 Page 1 of 2
Page 2 of 2

Case No. 3:20cv5259-MCR-HTC

2. Plaintiff’s claims against the Defendants are DISMISSED WITHOUT 

PREJUDICE.

3. The clerk shall close the file.

DONE AND ORDERED this 11th day of May 2020.

 s/ M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-05259-MCR-HTC Document 6 Filed 05/11/20 Page 2 of 2
2006-0488.

#### State v. Corrado.

Ashtabula App. No. 2004-A-0067, 2005-Ohio-6160. On motion for leave to file delayed appeal. Motion denied.

Pfeifer, J., dissents.
#### § 29.2546 Semicured.

Tobacco in the process of being cured or which is partially but not thoroughly cured. (See Rule 22, § 29.2638.)

[37 FR 13626, July 12, 1972. Redesignated at 49 FR 16757, Apr. 20, 1984]
exv10w10



 






Exhibit 10.10





Form of Restricted Stock Award




[Name of Executive]

[Title of Executive]




	 	 	 
	Restricted
Stock Award*

	 	_____
	 
	Grant Date: 
	 	__/__/200_
	 
	 	 
	* The restricted stock award will vest at retirement at or
after age 65, death, disability, or change in control.  The
shares will be forfeited if your employment ends prior to this
time. Additional terms are included in the 1997 Long Term Incentive
Plan and the Policies adopted for its administration.


Note: Restricted shares granted to Messrs. Hammonds,
Cochran, Weaver and Struthers (other than shares granted in lieu of a
portion of cash bonuses) in 2003 and prior years vest on
December 1 of the year that includes the tenth anniversary of
grant, or sooner upon the recipient's retirement, death or disability
or upon a change of control of the Corporation.












Form of Restricted Stock Award (in lieu of bonus)




[Name of Executive]

[Title of Executive]




	 	 	 
	200_ Bonus Salary:

	 	$________
	 
	 	 
	200_ Cash Bonus:

	 	$________
	 
	 	 
	200_ Restricted Stock Bonus:

	 	$________
	

	 	____(1)
	 
	 	 
	Grant Date:

	 	__/__/200_
	 
	 	 
	

(1) Represents the number of restricted shares based upon the
closing price of $___ on ______ __, 200_. The shares will vest
__% on each year beginning with _____ __, 200_ and on each of
the next ____ anniversaries. The shares will vest sooner in
the event of death, disability, retirement at or after age 65
or change in control of the Corporation. The shares will be
forfeited if your employment ends prior to this time.
Additional terms are included in the 1997 Long Term Incentive
Plan and the policies adopted for its administration.
**Exhibit 32.1**

 

**Section 906Certification**

 

Pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), the undersignedofficer of Guaranty Bancorp (the “Company”) hereby certifies that theCompany’s Quarterly Report on Form 10-Q for the quarter ended June 30,2010 (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the Securities Exchange Actof 1934 and that the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

Dated: August 4,2010

 
|   |   | /s/ Daniel M. Quinn        |
|--------|--------|----------------------------|
|   | Name:  | Daniel M. Quinn            |
|   | Title: | *Chief Executive  Officer* |

 

The foregoing certification isbeing furnished solely pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 (18 U.S.C. Section 1350) and is not being filed as part of theReport or as a separate disclosure document.

 

1

----
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA 1:90cr1007-MMP

v.

OSCAR GUILLERMO MEDINA

 /

ORDER FOR DISMISSAL OF INDICTMENT

IT IS HEREBY ordered on the request of the United States Attorney, Northern

District of Florida, the Indictment against defendant, Oscar Guillermo Medina, is hereby

dismissed.

DONE AND ORDERED this 28th day of October, 2009

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge
<PAGE>

Exhibit 10.29

                 EXECUTIVE DISABILITY INCOME PROTECTION PROGRAM

The Company implemented an executive disability income protection program (the
"Program"), effective January 1, 2005. The Program was adopted to supplement the
long-term disability income benefits provided to full-time employees of the
Company who are senior directors, vice presidents and above, including the
Company's named executive officers (the "Eligible Participants"). The Company
has group long-term disability insurance coverage (the "LTD Policy") that is
available to all employees of the Company and provides a maximum benefit of
$10,000 per month. The Program, when combined with the LTD Policy, will provide
the Eligible Participants with disability income benefits covering up to 70% of
their base salary, up to a maximum monthly benefit of $15,500. The premiums for
the Program are paid by the Company.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-60832

Summary Calendar

MARXALL R. CAMPOS,

Petitioner

v.

ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A041 743 290

Before KING, DEMOSS, and DENNIS, Circuit Judges

PER CURIAM:

*

Marxall R. Campos, a citizen and native of the Dominican Republic,

petitions this court for review of the order issued by the Board of Immigration

Appeals’ (BIA) affirming the Immigration Judge’s (IJ’s) determination that he

was ineligible for cancellation of removal.

Relying on Carachuri-Rosendo v. Holder, 570 F.3d 263 (5th Cir. 2009),

reversed, ___ S. Ct. ___, 2010 WL 2346552 (U.S. June 14, 2010); United States

v. Cepeda-Rios, 530 F.3d 333 (5th Cir. 2008), and United States v. SanchezUnited States Court of Appeals

Fifth Circuit

F I L E D

July 16, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

Case: 09-60832 Document: 00511176652 Page: 1 Date Filed: 07/16/2010
No. 09-60832

Villalobos, 412 F.3d 572 (2005), abrogated in part by Lopez v. Gonzales, 549 U.S.

47, 58-60 (2006), the BIA held that Campos’s second misdemeanor criminal

possession of cocaine constituted an aggravated felony because it corresponded

to the recidivist provisions of 21 U.S.C. § 844(a). The Supreme Court has since

reversed Carachuri-Rosendo, rejecting this court’s “hypothetical approach” and

holding that “the defendant must . . . have been actually convicted of a crime

that is itself punishable as a felony under federal law.” Carachuri-Rosendo,

2010 WL 2346552, *11. As in Carachuri-Rosendo, Campos was not actually

convicted under the state recidivist statute. In accordance with the Supreme

Court’s ruling, Campos’s petition for review is GRANTED and the order of the

BIA is VACATED and REMANDED.

2

Case: 09-60832 Document: 00511176652 Page: 2 Date Filed: 07/16/2010
Exhibit 31.1



CERTIFICATION BY CHIEF EXECUTIVE OFFICER



I, Youm Huh, certify that:



1. I have reviewed this quarterly report on Form 10-Q of MagnaChip Semiconductor LLC;



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;



3. Based on my knowledge, the financial statements, and other financial information included in this 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 report;



4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



(c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over financial reporting.



Date: September 6, 2005



|                                     
|-------------------------------------
|                                     
|/s/ Youm Huh                         
|Youm Huh                             
|Chief Executive Officer and President
**Exhibit 32.1**

 

**Certification of CEO Pursuant to18 U.S.C. Section 1350,as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

 

Inconnection with the Quarterly Report on Form 10-Q of KapStone Paper andPackaging Corporation for the quarter ended September 30, 2009 as filedwith the Securities and Exchange Commission (the “Report”), I, Roger W. Stone,Chairman and Chief Executive Officer of KapStone Paper and PackagingCorporation, hereby certify pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

(2)                                  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of KapStone Paper and Packaging Corporation.

 
| Dated: November 4,  2009 |   |
|-------------------------------|--------|
|                          |   |
|                          | By:    | /s/ Roger W. Stone |
|                          |   | Roger W. Stone |
|                          |   | Chairman and Chief Executive Officer |

 

1

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