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

No. 16

- 40705

UNITED STATES OF AMERICA,
Plaintiff-Appellee

v. JOHNNY LOPEZ, JR.,
Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:09 -CR- 153 -4

Before HIGGINBOTHAM, HAYNES, and GRAVES, Circuit Judges. PER CURIAM: * Johnny Lopez, Jr., federal prisoner # 16529

- 078, pleaded guilty , pursuant to a written plea agreement, to conspiracy to possess with intent to manufacture and distribute methamphetamine. Lopez appeals the district court’s denial of his motion requesting certain case documents so that he could

prepare a pro se motion under 18 U.S.C. § 3582(c)(2) for a reduction in his sentence based on Amendment 782 to the Sentencing Guidelines. He moves

* 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 R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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 December 20, 2016 Lyle W. Cayce Clerk Case: 16-40705 Document: 00513805345 Page: 1 Date Filed: 12/20/2016No. 16

- 40705

2 this court for leave to proceed in forma pauperis (IFP) and for the appointment of counsel. Ordinarily, a prisoner seeking leave to proceed IFP on appeal must first ask permission to do so in the district court. F ED . R. A PP . P. 24(a)(1); Williamson v. Mark , 116 F.3d 115, 115 (5th Cir. 1997). Lopez did not file a motion for leave to proceed IFP in the district court, and the district court has not ruled on the issue. Nevertheless, this court need not remand the matter to the district court for consideration of Lopez’s IFP motion. This court may dismiss an appeal on an interlocutory motion if it determines that the appeal “is frivolous and entirely without merit.” See 5 TH C IR

. R. 42.2. Lopez entered into a binding plea agreement under Federal Rule of Criminal Procedure 11(c)(1)(C) where he agreed that the appropriate term of imprisonment was 180 mon ths. There is no evidence that Lopez’s stipulated sentence of 180 months was based on the quantity of drugs involved in the offense or the resulting advisory guideline range. See United States v. Benitez , 822 F.3d 807, 811

- 12 (5th Cir. 2016). As such, Lopez i s not eligible for a sentence reduction under § 3582(c)(2) based upon Amendment 782

. Accordingly , the district court did not err in denying his motion requesting documents to support such a motion. See id. Because the instant appeal is without merit and is therefore frivolous, IT IS ORDERED that Lopez’s motion for leave to proceed IFP on appeal is
DENIED , and his appeal is DISMISSED as frivolous. See 5 TH C IR

. R. 42.2. His motion for the appointment of counsel is likewise DENIED. Case: 16-40705 Document: 00513805345 Page: 2 Date Filed: 12/20/2016
Exhibit








Exhibit 10.18


Dynex Capital, Inc.
Non-Employee Directors’ Annual Compensation
As of January 1, 2018


Cash Compensation


Annual retainer


Non-Employee Director            $   60,000 


Additional annual retainers


Chairperson of the Board            $   25,000


Audit Committee Chair            $   20,000


Compensation Committee Chair       $     5,000


Nominating & Corporate 
Governance Committee Chair        $     5,000


Annual retainers are payable in quarterly installments, prorated for the number of months served in the case of a change during the calendar year. 


Excess meeting fee


In addition to the annual retainers, non-employee directors will also receive a cash fee of $1,000 for each meeting of the Board of Directors attended above 15 meetings per year and for each Board Committee meeting attended as a member above 15 meetings per year.


Equity Compensation


Non-employee directors will also receive an annual grant of restricted shares of the Company’s common stock with a grant date fair value of $60,000, which shares will vest at the end of one year. The shares are to be granted on the first Friday following the annual meeting of shareholders.
**Exhibit 31.2**

**CERTIFICATION***

I, William A. Owen, certify that:

1. I have reviewed this quarterly reporton Form 10-Q/A of Outdoor Channel Holdings, Inc.;

2. Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

3. Based on my knowledge, the financialstatements and other financial information included in this report fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

4. The registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

(b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

(c) Disclosed in this report any change inthe registrant’s internal control over financial reporting (as defined inExchange Act Rules 13a-15(f) and 15d-15(f)) that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter in the caseof an annual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

5. The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent functions):

(a) All significant deficiencies andmaterial weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

(b) Any fraud, whether or not material,that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
| Date: February 12, 2007 | /s/ William A. Owen                          |   |
|-------------------------|----------------------------------------------|--------|
| ** **              | **William A. Owen**, Chief Financial Officer |

 

----
§ 1013.5 Review by the reviewing official. ( a ) If, based on the report of the investigating official under § 1013.4(b) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under § 1013.3 of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 1013.7 of this part.
( b ) Such notice shall include— ( 1 ) A statement of the reviewing official's reasons for issuing a complaint;
( 2 ) A statement specifying the evidence that supports the allegations of liability;
( 3 ) A description of the claims or statements upon which the allegations of liability are based;
( 4 ) An estimate of the amount of money or the value of property, services, or other benefits requested or demanded in violation of § 1013.3 of this part;
( 5 ) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and
( 6 ) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.
H. Res. 1090

In the House of Representatives, U. S., 

December 6, 2006.

Whereas Ruth Brown passed away on November 17, 2006; 

Whereas Ruth Brown, a rhythm and blues singer and songwriter known as Miss Rhythm, was one of Atlantic 

Records’s first recording and performing stars; 

Whereas Ruth Brown’s elegant voice made her a hit from the 

1940s onward with such songs as ‘‘So Long’’ and ‘‘Teardrops from My Eyes’’; 

Whereas Ruth Brown’s career spanned the post-World War 

II era through the Civil Rights Movement to the 21st 

century, a period which also saw the genre of ‘‘race’’ 

music move into the American mainstream; 

Whereas Ruth Brown helped found the Rhythm and Blues 

Foundation in 1988 to recognize, promote, and preserve 

rhythm and blues music; 

Whereas Ruth Brown worked with Congress to advance the 

cause of copyright royalty reform so that rhythm and 

blues artists could receive deserved copyright royalties 

from their music; 

Whereas Ruth Brown’s talent was recognized with a Tony 

Award for Best Actress in a Musical in ‘‘Black and 

Blue’’ in 1989, a Grammy Award for her album ‘‘Blues 

on Broadway’’ in 1989, induction into the Rock and Roll 
2

•HRES 1090 EH 

Hall of Fame in 1993, and a Lifetime Achievement 

Award from the Blues Foundation in 1999; 

Whereas Ruth Brown’s autobiography, ‘‘Miss Rhythm,’’ received the Ralph J. Gleason Music Book Award; and 

Whereas Ruth Brown is survived by 2 sons, 4 siblings, 3 

grandchildren, and a multitude of cousins, nieces, nephews, friends, and admirers: Now, therefore, be it 

Resolved, That the House of Representatives—

(1) honors the life of Ruth Brown; 

(2) recognizes Ruth Brown for her efforts toward 

reforming the copyright royalty system on behalf of 

rhythm and blues recording artists; 

(3) commends Ruth Brown for her success in ensuring that rhythm and blues recording artists would receive deserved copyright royalties; and 

(4) expresses its deepest condolences to Ruth 

Brown’s family and friends. 

Attest:

Clerk.
#### BRACE, Respondent, v. BRADLEY Appellant.

(Supreme Court, Appellate Division, Second Department.

June 26, 1914.)

Action by Charles C. Brace against John C. Bradley.

No opinion. Interlocutory judgment reversed, and demurrer sustained, with costs, with leave to plaintiff to plead over within 20 days upon payment of costs, upon the ground that the complaint alleges a transfer of the stock without antecedent promise to retransfer it.
159 So.2d 289

#### John ST. PAUL, Jr. v. Mrs. Richard A. MACKENROTH et al.

No. 47041.

Jan. 21, 1964.

*Court*of Appeal, Fourth Circuit.

157 *So.*2d 634.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case;, and that counsel for *plaintiff*and defendant be notified.
Case 2:06-cv-00736-WKW-SRW Document 48 Filed 05/09/2008 Page 1 of 1
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

EARL DOUGLAS WALKER, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 300 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 29th day of November, 2022, the Petition for Allowance of Appeal

is DENIED.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 20-0607

STATE OF MONTANA,

Plaintiff and Appellee,

v.

ROBERT LARRY WOOD,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, and 

good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including September 20, 2021, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

August 16 2021

08/16/2021

Case Number: DA 20-0607
#### § 110.122 Classification assistance.

On the request of any hearing participant or the presiding officer (if other than the Commission), the Commission will designate a representative to advise and assist the presiding officer or the participants with respect to security classification of information and the protective requirements to be observed.
1632.806-70 Contract clause.

The clause set forth in 1652.232–73 shall be inserted in all FEHBP contracts.

Parent topic: Subpart 1632.8—Assignment of Claims
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-QSB
FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1998, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         443,578
<SECURITIES>                                 6,759,978
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               543,703
<PP&E>                                         551,272
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               7,854,953
<CURRENT-LIABILITIES>                           52,508
<BONDS>                                         43,357
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        36,875
<OTHER-SE>                                   7,722,213
<TOTAL-LIABILITY-AND-EQUITY>                 7,854,953
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  703,612
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (1,327,957)    
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,327,957)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,327,957)    
<EPS-PRIMARY>                                    (.04)  
<EPS-DILUTED>                                    (.04)
        

</TABLE>
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

)

UNITED STATES OF AMERICA )

 )

 v. ) CR. NO. 2:06-cr-202-WKW

 )

EUGENE L. CLECKLER )

KIM CLECKLER )

UNITED STATES’ NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL

Comes now the United States of America, by and through Leura Garrett Canary, United

States Attorney for the Middle District of Alabama, and hereby notices the appearance of Assistant

United States Attorney Christopher A. Snyder, who will be serving as additional counsel of record

for the United States in this matter. 

 Respectfully submitted this the 28th of November, 2006.

LEURA GARRETT CANARY

UNITED STATES ATTORNEY

/s/ Christopher A. Snyder

CHRISTOPHER A. SNYDER

Assistant United States Attorney

One Court Square, Suite 201

Montgomery, AL 36104

Phone: (334)223-7280

Fax: (334)223-7135

E-mail: christopher.a.snyder@usdoj.gov

Case 2:06-cr-00202-WKW-CSC Document 52 Filed 11/28/2006 Page 1 of 2
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

)

UNITED STATES OF AMERICA )

 )

 v. ) CR. NO. 2:06-cr-202-WKW

 )

EUGENE L. CLECKLER )

KIM CLECKLER )

CERTIFICATE OF SERVICE

I hereby certify that on November 28, 2006, I electronically filed the foregoing with the Clerk

of the Court using the CM/ECF system which will send notification of such filing to the following:

Ronald Brunson and George Beck.

Respectfully submitted,

 

LEURA GARRETT CANARY

UNITED STATES ATTORNEY

/s/ Christopher A. Snyder

CHRISTOPHER A. SNYDER

Assistant United States Attorney

One Court Square, Suite 201

Montgomery, AL 36104

Phone: (334)223-7280

Fax: (334)223-7135

E-mail:

christopher.a.snyder@usdoj.gov

Case 2:06-cr-00202-WKW-CSC Document 52 Filed 11/28/2006 Page 2 of 2
Debra P. Hackett

Clerk, U.S. District Court

15 LEE ST STE 206

MONTGOMERY AL 36104-4055

June 20, 2008

Appeal Number: 08-13066-H

Case Style: Clarence Waters v. Kenneth L. Jones

District Court Number: 06-00650 CV-F-N

TO: Clarence Waters (132116)

CC: Stephen N. Dodd

CC: Debra P. Hackett

CC: Troy King

CC: Administrative File

Case 2:06-cv-00650-MEF-SRW Document 51 Filed 06/20/2008 Page 1 of 2
United States Court of Appeals

Eleventh Circuit

56 Forsyth Street, N.W.

Atlanta, Georgia 30303

Thomas K. Kahn

Clerk

June 20, 2008

Clarence Waters (132116)

Donaldson CF

100 WARRIOR LN

BESSEMER AL 35023-7228

Appeal Number: 08-13066-H

Case Style: Clarence Waters v. Kenneth L. Jones

District Court Number: 06-00650 CV-F-N

For rules and forms visit

www.cal 1.uscourts.gov

We have received a copy of the order of the district court declining to issue a certificate

of appealability and denying leave to proceed on appeal in forma pauperis.

Pursuant to Fed.R.App.P. 22(b) and 24(a), you may within thirty (30) days from this date

either pay to the DISTRICT COURT clerk the $450 docket fee plus $5 filing fee (total $455)

or you may move in this court for leave to proceed on appeal as a pauper (form enclosed).

$ 11th Cir. R. 24-2. A motion for a certificate of appealability should be filed in this court

within the same time period. The notice of appeal will be treated as a request for a certificate

of appealability unless appellant files such a request within thirty (30)days from the date of

this letter.

Sincerely,

THOMAS K. KAHN, Clerk

Reply To: Liz McDonald (404) 335-6156

End.

HAB-5 (07-2007)

Case 2:06-cv-00650-MEF-SRW Document 51 Filed 06/20/2008 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

PROGRESSIVE AMERICAN INSURANCE

COMPANY,

 Plaintiff,

v.

CAROL THORN, JOLEEN LEEA COLON;

DALE EUGENE KIRKINDOLL; ELIZABETH

S. KIRKINDOLL; THOMAS HOLT

KIRKINDOLL; JAMES W. GRIFFIN;

SANDRA L. GRIFFIN; PATRICK A. BELT;

CHRISTOPHER B. BELT; GENE

STEGMAIER; ESTATE OF WILLIAM R

KLAUSS, a deceased minor, LV STABLE

MEMORIAL HOSPITAL; DRPT. LAKE

REHABILITATION CENTER; BUTLER

COUNTY EMERGENCY MEDICAL

SERVICES.

 Defendants.

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

*

CIVIL ACTION NO: 2:06cv 717-ID

PLAINTIFF’S SUBMISSION OF W-9 DOCUMENTS 

Parties, Dale Kirkindoll, Elizabeth Kirkindoll and Thomas Kirkindoll hereby submit their

W-9 forms to the Court, pursuant to this Court’s order of January 7th, 2008.

Respectfully submitted,

/S/MATHEW B. RICHARDSON 

JACKSON, FOSTER & GRAHAM, LLC

Post Office Box 2225

Mobile, AL 36652

251-433-6699

251-433-6127

Case 2:06-cv-00717-ID-SRW Document 104 Filed 01/15/2008 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that I have on this day 3rd of April, 2007, served a copy of the foregoing

pleading with te Clerk of the Court using the CM/CEF system which will send notification of

such filing to the following:

R. Larry Bradford, Esq.

BRADFORD & SEARS

2020 Canyon Road

Birmingham, AL 35216

Christopher L. Whittington, Esq.

WHITTINGTON & REYNOLDS

P.O. Box 3035

Baton Rouge, LA 70821-3035

/s/ MATHEW B. RICHARDSON

Case 2:06-cv-00717-ID-SRW Document 104 Filed 01/15/2008 Page 2 of 2
The W-9 forms have been stricken from

the record due to the personal

information provided listed on the forms. 

The forms have provided to the

appropriate individuals.

Case 2:06-cv-00717-ID-SRW Document 104-3 Filed 01/15/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

ANGELA PRICE, )

)

Plaintiff, )

v. ) CASE NO. 3:06-cv-742-MEF

)

ROANOKE CITY BOARD OF )

EDUCATION, )

)

Defendant. )

O R D E R

The court has been notified by the parties that the dispute in the above-referenced case

has been resolved. Accordingly, it is hereby

ORDERED that the trial set for December 10, 2007 is continued generally.

DONE this the 16th day of November, 2007.

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

Case 3:06-cv-00742-MEF-WC Document 40 Filed 11/16/2007 Page 1 of 1
Case 1:06-cv-00737-WKW-SRW Document 8 Filed 09/22/2006 Page 1 of 1
§ 987.165 Other reports. ( a ) *Exempt sales.* Each handler shall file with the Committee, a completed CDAC Form No. 2 showing the quantity and variety of dates sold under exemption during the crop year. The report shall be filed upon the completion of such sales or promptly after the end of the crop year.
( b ) *Products.* Each approved date product manufacturer shall file with the Committee a completed CDAC Form No. 4 showing his beginning and ending inventories of product dates, the quantity received during the crop year, the quantity used, the type and quantity of products manufactured, and his year-end inventory of products. This report shall be filed promptly after the end of each crop year.
[37 FR 23325, Nov. 2, 1972, as amended at 43 FR 28439, June 30, 1978]
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2007-1304.

#### Doe v. Marlington Local School Dist.

Stark App. No. 2006CA00102, 2007-Ohio-2815. Reported at 115 Ohio St.3d 1473, 2007-Ohio-5735, 875 N.E.2d 627. On motion for reconsideration. Motion granted, and discretionary appeal accepted.

O’Donnell and Cupp, JJ., dissent.