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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7563

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CORTNEY BLAIRE SAYLOR, a/k/a C,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at 

Martinsburg. Gina M. Groh, Chief District Judge. (3:15-cr-00020-GMG-RWT-25)

Submitted: March 29, 2018 Decided: April 3, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Cortney Blaire Saylor, Appellant Pro Se. Shawn Michael Adkins, Paul Thomas Camilletti, 

Anna Zartler Krasinski, Assistant United States Attorneys, Lara Kay Omps-Botteicher, 

Martinsburg, West Virginia, Lynette Danae DeMasi-Lemon, Betsy Steinfeld Jividen, 

Assistant United States Attorneys, OFFICE OF THE UNITED STATES ATTORNEY, 

Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Cortney Blaire Saylor appeals the district court’s order denying her 18 U.S.C. 

§ 3582(c)(2) (2012) motions for a sentence reduction. Any reduction in sentence under 

§ 3582(c)(2) must be based on an amendment to the Sentencing Guidelines. U.S. 

Sentencing Guidelines Manual § 1B1.10(a)(2), p.s. (2016). Because Saylor does not make 

any argument on appeal based on any amendment, no reduction in sentence is authorized.* 

Accordingly, we affirm the district court’s denial of relief. 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

 * Because Saylor does not challenge on appeal the district court’s disposition of her 

claim based on Amendment 794 to the Sentencing Guidelines, she has forfeited appellate 

review of that issue. See 4th Cir. R. 34(b).
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-END>                               SEP-30-1998
<CASH>                                         600,288
<SECURITIES>                                         0
<RECEIVABLES>                                1,241,843
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              11,101,761
<CURRENT-LIABILITIES>                       13,673,280<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                        3,239,795
<PREFERRED>                                  1,548,000
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                11,101,761
<SALES>                                              0
<TOTAL-REVENUES>                            28,515,626
<CGS>                                                0
<TOTAL-COSTS>                               28,148,203
<OTHER-EXPENSES>                               863,599
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (496,176)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (496,176)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (531,973)
<EPS-PRIMARY>                                    (.24)
<EPS-DILUTED>                                    (.24)
<FN>
<F1>Unclassified balance sheet
</FN>
        

</TABLE>
# Missouri Court of Appeals

Southern District

NOVEMBER 18, 2014

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 84.16(b).

1. Case No. SD33084

Re: MICHAEL EUGENE MCNEAR,

Movant-Appellant,

vs. STATE OF MISSOURI,

Respondent-Respondent.
931.205-47 Costs related to legal and other

proceedings.

(h) Costs associated with whistleblower actions.

(1) Definitions for purposes of this paragraph (h):

Covered contractors and subcontractors means those contractors and subcontractors with contracts

exceeding $5,000,000.

Employee whistleblower action means any action filed by an employee in Federal or state court for

redress of a retaliatory act by a contractor and any administrative procedure initiated by an

employee under 29 CFR part 24, 48 CFR subpart 3.9, 10 CFR part 708 or 42 U.S.C. 7239.

Retaliatory act means a discharge, demotion, reduction in pay, coercion, restraint, threat,

intimidation or other similar negative action taken against an employee by a contractor as a result of

an employee's activity protected as a whistleblower activity by a Federal or state statute or

regulation.

Settlement and award costs means defense costs and costs arising from judicial orders, negotiated

agreements, arbitration, or an order from a Federal agency or board and includes compensatory

damages, underpayment for work performed, and reimbursement for a complainant employee's legal

counsel.

(2) For costs associated with employee whistleblower actions where a retaliatory act is alleged

against a covered contractor or subcontractor, the contracting officer -

(i) May authorize reimbursement of costs on a provisional basis, in appropriate cases;

(ii) Must consult with the Office of General Counsel whistleblower costs point of contact, who will

consult with other Headquarters points of contact as appropriate, before making a final allowability

determination; and

(iii) Must determine allowability of defense, settlement and award costs on a case-by-case basis after

considering the terms of the contract, relevant cost regulations, and the relevant facts and

circumstances, including federal law and policy prohibiting reprisal against whistleblowers,

available at the conclusion of the employee whistleblower action.

(3) Covered contractors and subcontractors must segregate legal costs, including costs of in-house

counsel, incurred in the defense of an employee whistleblower action so that the costs are separately

identifiable.

(4) If a contracting officer provisionally disallows costs associated with an employee whistleblower

action for a covered contractor or subcontractor, funds advanced by the Department may not be

used to finance costs connected with the defense, settlement and award of an employee

whistleblower action.

(5) Contractor defense, settlement and award costs incurred in connection with the defense of suits

brought by employees under section 2 of the Major Fraud Act of 1988 are excluded from coverage of

this section.
Parent topic: Subpart 931.2 - Contracts With Commercial Organizations
922.807 Exemptions.       (c) Contracting officer requests for exemption from E.O. 11246 should be directed to the Procurement Executive for submission to the Director, OFCCP.    **Parent topic:** Subpart 922.8 - Equal Employment Opportunity
IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

 

TERRY DEESE, * 

 * 

 Plaintiff, * 

 * 

v. * Case Number: 1:06-cv-643 MHT 

 * 

CHAMPION ENTERPRISES, INC., et al., * UNOPPOSED 

 * 

 Defendants. * 

JOINT STATUS REPORT

COMES NOW Champion Homes of Boaz, Inc., formerly known as Homes of 

Legend, Inc., the remaining Defendant in the above matter and with consent of all parties, 

files this Joint Status Report in the above-referenced matter. 

1. The Release has just been received and the parties are in the process of 

finalizing the dismissal of the matter. It is expected that this dismissal will take place 

within the next thirty (30) days. 

 Respectfully submitted, 

 RITCHEY & SIMPSON, PLLC 

/s Gregory S. Ritchey

Gregory S. Ritchey, Esquire (ASB-8193-H68G) 

Richard S. Walker, Esquire (ASB-8719-L70R) 

Counsel for Champion Homes of Boaz, Inc., 

formerly known as Homes of Legend, Inc. 

OF COUNSEL:

RITCHEY & SIMPSON, PLLC 

The Mountain Brook Center 

2700 Highway 280, Suite 203 West 

Birmingham, AL 35223-2468 

Phone: 205.876.1600 

Facsimile 205.876.1616 

Case 1:06-cv-00643-MHT-SRW Document 73 Filed 09/02/2008 Page 1 of 2
CERTIFICATE OF SERVICE

 I, the undersigned, do hereby certify that on the 2nd day of September 2008, I 

electronically filed the foregoing with the Clerk of Court using the CM/ECF system 

which will send notification of the foregoing upon the following: 

Jere L. Beasley, Esquire 

W. Daniel Miles, III, Esquire 

C. Gibson Vance, Esquire 

C. Lance Gould, Esquire 

Roman A. Shaul 

BEASLEY, ALLEN, CROW, 

METHVIN, PORTIS & MILES, P.C. 

Post Office Box 4160 

Montgomery, AL 36103 

 /s Gregory S. Ritchey

 OF COUNSEL 

Case 1:06-cv-00643-MHT-SRW Document 73 Filed 09/02/2008 Page 2 of 2
II 

109TH CONGRESS 

2D SESSION S. 3397 

To suspend temporarily the duty on certain women’s and girls’ water resistant 

pants. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2006 

Mr. DEMINT introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain women’s and 

girls’ water resistant pants. 

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

3 SECTION 1. CERTAIN WOMEN’S AND GIRLS’ WATER RESIST4 ANT PANTS. 

5 (a) IN GENERAL.— 

6 (1) Chapter 61 of the Harmonized Tariff 

7 Schedule of the United States is amended by insert8 ing in numerical sequence, the following statistical 

9 note: 


sroberts on PROD1PC70 with BILLS
2 

•S 3397 IS 

1 ‘‘7. For the purposes of subheadings 6103.43.15, 

2 6104.63.20, and 6113.00.90, the term ‘performance out3 erwear pants’ means ankle length pants of water resistant 

4 synthetic fabrics, containing at least two of the following 

5 characteristics: side openings, sealed seams at the front 

6 (up to the zipper or other means of closure) and the back 

7 rise, insulation for cold weather protection, at least one 

8 pocket with a means of closure (zippered or hook and loop 

9 enclosed pockets or other type of enclosed pockets), scuff 

10 guards, elasticized or drawstring weather closure around 

11 the waist or ankles, articulated knees, or reinforcement 

12 in the seat or knees. The term ‘water resistant’ means 

13 a garment, notwithstanding classification, that would oth14 erwise pass the test for water resistance described in U.S. 

15 note 2 to chapter 62. The term ‘sealed seams’ means a 

16 seam that is sealed by means of taping, gluing, bonding, 

17 cementing, or similar processes for the purpose of water18 proofing the seam.’’. 

19 (2) Subchapter II of chapter 99 of the Har20 monized Tariff Schedule of the United States is 

21 amended by inserting in numerical sequence the fol22 lowing new heading: 

‘‘ 9902.61.08 Women’s or girls’ performance outerwear 

pants described in statistical note 7 to 

chapter 61 (provided for in subheading 

6113.00.90) ............................................. Free No change No change On or before 

12/31/2009 ’’. 


sroberts on PROD1PC70 with BILLS
3 

•S 3397 IS 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


sroberts on PROD1PC70 with BILLS
#### § 984.86 Derogation.

Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the act or otherwise, or in accordance with such powers, to act in the premises whenever such action is deemed advisable.
§ 966.35 Duties. It shall be, among other things, the duty of the committee: ( a ) At the beginning of each term of office, to meet and organize, to select a chairman and such other officers as may be necessary, to select subcommittees of committee members, and to adopt such rules and regulations for the conduct of its business as it may deem advisable;
( b ) To act as intermediary between the Secretary and any producer or handler;
( c ) To furnish to the Secretary such available information as he may request;
( d ) To appoint such employees, agents, and representatives as it may deem necessary and to determine the salaries and define the duties of each such person;
( e ) To investigate from time to time and to assemble data on the growing, harvesting, shipping, and marketing conditions with respect to tomatoes;
( f ) To prepare a marketing policy;
( g ) To recommend marketing regulations to the Secretary;
( h ) To recommend rules and procedures for, and to make determinations in connection with, issuance of certificates of privilege or exemptions, or both;
( i ) To investigate an applicant's claim for exemptions;
( j ) To keep minutes, books, and records which clearly reflect all of the acts and transactions of the committee and such minutes, books and records shall be subject to examination at any time by the Secretary or his authorized agent or representative. Minutes of each committee meeting shall be reported promptly to the Secretary;
( k ) At the beginning of each fiscal period, to prepare a budget of its expenses for such fiscal period, together with a report thereon;
( l ) To cause the books of the committee to be audited by a competent accountant at least once each fiscal period, and at such other time as the committee may deem necessary or as the Secretary may request. The report of such audit shall show the receipt and expenditure of funds collected pursuant to this part; a copy of each such report shall be furnished to the Secretary and a copy of each such report shall be made available at the principal office of the committee for inspection by producers and handlers; and
( m ) To consult, cooperate, and exchange information with other marketing agreement committees and other individuals or agencies in connection with all proper committee activities and objectives under this part.
Case 1:06-cv-00703-MHT-CSC Document 36 Filed 10/30/2007 Page 1 of 2
Case 1:06-cv-00703-MHT-CSC Document 36 Filed 10/30/2007 Page 2 of 2
UNITED STATES DISTRICT COURT

M IDDLE DISTRICT OF ALABA M A

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

August 31, 2006

 NOTICE OF REASSIGNMENT

To: All Counsel of Record

 

Re: Simmons v. Liberty National Life Insurance Companyl 

Civil Action No. Judge 2:06-cv-00689-WHA

The above-styled case has been reassigned to Judge Mark E. Fuller.

Please note that the case number is now 2:06-cv-00689-(MEF). This new case number should be

used on all future correspondence and pleadings in this action.

 

Case 2:06-cv-00689-MEF-DRB Document 8 Filed 08/31/2006 Page 1 of 1
Exhibit








Exhibit 10.1 
Summary of 2018 Bonus Program 


The following is a summary description of the terms and conditions of the 2018 Bonus Program, under which quarterly bonuses may be paid to the Company’s “named executive officers” (as defined in Item 402(a)(3) of Regulation S-K promulgated by the Securities and Exchange Commission) (“NEOs”) as determined by the Board of Directors (“Board”) and the Compensation Committee of the Board (“Compensation Committee”). The 2018 Bonus Program is designed to align compensation with company and individual performance.
All Company employees, including NEOs, are eligible for quarterly performance bonuses under the 2018 Bonus Program, based on individual and company performance toward pre-approved goals. The quarterly bonus payout for each eligible employee is determined based on the employee’s eligible salary on a quarterly basis, multiplied by their bonus target (as a % of base salary), multiplied by a personal performance factor, multiplied by a company performance factor.  The personal performance factor ranges from 0 to 1.2, and company performance factor ranges from 0 to 1. Quarterly bonus payouts may range from 0 to 150% of the figure yielded by the above formula, depending upon Company performance toward profitability targets in the applicable quarter.  No quarterly bonuses are payable if any of the following occur:  quarterly Company profit before taxes measured on a non-GAAP basis and not including projected bonus payments falls below $500,000; the company performance factor falls below .65 in the quarter; or, on an individual basis, if an employee fails to set approved goals for the quarter or achieves a personal performance factor of 0.
The Compensation Committee retains final discretion over and must approve all payments under the 2018 Bonus Program.  The Compensation Committee may in its discretion award all or a portion of earned 2018 bonuses to NEOs and other employees in the form of restricted stock units.  The Compensation Committee has the authority to make changes to the terms and conditions of the 2018 Bonus Program at any time.
#### § 920.24 Failure to nominate.

If nominations are not made within the time and in the manner prescribed in § 920.22, the Secretary may, without regard to nominations, select the members and alternate members of the committee on the basis of the representation provided for in § 920.20.
<TABLE> <S> <C>


<ARTICLE>                           5
<LEGEND>

This schedule  contains  summary  financial  information  extracted  from DREXEL
BURNHAM  LAMBERT REAL ESTATE  ASSOCIATES  III 2000 First  Quarter  10-QSB and is
qualified in its entirety by reference to such 10-QSB filing.

</LEGEND>

<CIK>                               0000761657
<NAME>                         DREXEL BURNHAM LAMBERT REAL ESTATE ASSOCIATES III
<MULTIPLIER>                                           1,000


<S>                                   <C>
<PERIOD-TYPE>                       3-MOS
<FISCAL-YEAR-END>                   DEC-31-2000
<PERIOD-START>                      JAN-01-2000
<PERIOD-END>                        MAR-31-2000
<CASH>                                                 4,445
<SECURITIES>                                               0
<RECEIVABLES>                                              0
<ALLOWANCES>                                               0
<INVENTORY>                                                0
<CURRENT-ASSETS>                                           0 <F1>
<PP&E>                                                     0
<DEPRECIATION>                                             0
<TOTAL-ASSETS>                                         4,445
<CURRENT-LIABILITIES>                                      0 <F1>
<BONDS>                                                    0
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<COMMON>                                                   0
<OTHER-SE>                                                 0
<TOTAL-LIABILITY-AND-EQUITY>                             465
<SALES>                                                    0
<TOTAL-REVENUES>                                           0
<CGS>                                                      0
<TOTAL-COSTS>                                              0
<OTHER-EXPENSES>                                           0
<LOSS-PROVISION>                                           0
<INTEREST-EXPENSE>                                         0
<INCOME-PRETAX>                                            0
<INCOME-TAX>                                               0
<INCOME-CONTINUING>                                        0
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                               0
<EPS-BASIC>                                             0.00 <F2>
<EPS-DILUTED>                                              0
<FN>

<F1> Registrant has an unclassified balance sheet. <F2> Multiplier is 1.

</FN>


</TABLE>
|   |   |   |   | (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 results of operations of the Company. |   |   |

| Date:    March 29, 2011 |   |   | By: George Syllantavos  |   |   |
|----------------------------------------|--------|--------|-------------------------|--------|--------|
|                                   |   |   | George Syllantavos      |   |   |
|                                   |   |   | Chief Executive and     |   |   |
|                                   |   |   | Chief Financial Officer |   |   |

|   |   |
|--------|--------|

|   |   |
|--------|--------|

|   |   |
|--------|--------|
#### § 956.90 Right of the Secretary.

The members of the committee, including successors and alternates, and any agent or employee appointed or employed by the committee shall be subject to removal or suspension by the Secretary at any time. Each and every order, regulation, decision, determination, or other act of the committee shall be subject to the continuing right of the Secretary to disapprove of the same at any time. Upon such disapproval, the disapproved action of the committee shall be deemed null and void except as to acts done in reliance thereon or in compliance therewith prior to such disapproval by the Secretary.
###### Editorial Note on Part 982

#### Editorial Note:

Nomenclature changes to part 982 appear at 61 FR 17559, Apr. 22, 1996.

#### § 982.340 Assessment rate.

On and after July 1, 2023, an assessment rate of $0.005 per pound is established for Oregon and Washington hazelnuts.

[89 FR 15957, Mar. 6, 2024]