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

**No. 09**  **- 6672** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. GREGORY FLETCHER , Defendant

- Appellant
.

Appeal from the United States District Court for the Western Di strict of North Carolina , at Bryson City
. Lacy H. Thornburg , District Judge. ( 2:04

- cr - 00093

- LHT

- DLH

- 4 )

Submitted : June 30, 2010 Decided: July 19, 2010

Before NIEMEYER, DUNCAN, and DAVIS , Circuit Judges.

Vacated and remanded by un published per curiam opinion
. Gregory Fletcher, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Jill Westmoreland Rose, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding preced ent in this circuit.2 PER CURIAM: Gregory Fletcher appeals the district court’s order denying his 18 U.S.C. § 3582(c) (2006) motion for a sentence reduction. We vacate the district court’s order and remand.
At Fletcher’s original sentencing for posses s ion with intent to distribute fift y grams or more of cocaine base, his advisory guidelines range was 121 to 151 months of imprisonment, and Fletcher was subject to a statutory mandatory minimum term of 120 months of imprisonment. See 21 U.S.C.A. § 841(b) (1)(A) (2006 & West Supp. 2009). The Government, however, moved for a downward departure below the statutory mandatory minimum based on substantial assistance pursuant to 18 U.S.C. § 3553(e) (2006) and U.S. Sentencing Guidelines Manual (“USSG”) § 5K1.1 (2 0 09 ). Based on the Government’s motion, the district court sentenced Fletcher to 100 months of imprisonment. Fletcher thereafter filed a motion pursuant to 18
U.S.C. § 3582(c)(2), seeking a sentence reduction based on Amendment 706 to the guidelines, which lowered the offense levels f or drug offenses involving cocaine base
. See USSG § 2D1.1(c) ; USSG App. C Amends. 706, 711, 715 . The district court correctly concluded that Fletcher’s amended guidelines range was 120 to 125 months of imprisonment. The court also concluded, however, that it did not have the authority to further reduce Fletcher’s sentence because of the statutory3 mandatory minimum of 120 months of imprisonment. In an appeal decided after the district court denied Fletcher’s motion, we

c oncluded in a case with similar facts that a defendant originally sentenced below the statutory mandatory minimum on account of substantial assistance was not precluded from receiving discretionary relief pursuant to Amendment 706
. See United States v. Fe nnell , 592 F.3d 506 (4th Cir. 2010). Accordingly, in light of Fennell , we vacate the district court’s order and remand for further proceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate rials before the court and argument would not aid the decisional process.

VACATED AND REMANDED
**EXHIBIT      32.1**

**CERTIFICATION      OF OFFICERS**

**OF      THE FASHION HOUSE HOLDINGS, INC.**

**PURSUANT      TO 18 USC Section 1350**

|                                       |      |                                                                                                           |
|--------------------------------------------|-----------|----------------------------------------------------------------------------------------------------------------|
| Dated:                August 14, 2007 | By:  | /s/                John                Hanna            |
|                                       |      | John                Hanna                                                                                      |
|                                       |      | Chief                Executive Officer                                                                         |

|                                       |      |                                                                                                                               |
|--------------------------------------------|-----------|------------------------------------------------------------------------------------------------------------------------------------|
| Dated:                August 14, 2007 | By:  | /s/                Michael P.                Robbins              |
|                                       |      | Michael                P. Robbins                                                                                                  |
|                                       |      | Interim                Chief Financial Officer and Principal Accounting                Officer                                     |

----
<PAGE>   1
                                                            Exhibit No. 10(v)(a)



                               FIRST AMENDMENT TO
                                OPTION AGREEMENT


         This First Amendment to the Option Agreement (this "Amendment"), dated
June 11 , 2001, is by and between FANZ ENTERPRISES, INC., a Delaware
corporation, (hereinafter referred to as the "Company") and MICHAEL J.
WURTSBAUGH, a consultant of the Company or one or more of its Subsidiaries
(hereinafter referred to as the "Consultant").

         WHEREAS, the Company and the Consultant entered into an Option
Agreement, dated February 28, 2001 (the "Agreement"); and

         WHEREAS, the Company has been requested by the administrators of
various state securities agencies to revise the Agreement as a pre-condition to
approval of the Company's application for securities registration under the
Coordinated Equity Review program.

         NOW, THEREFORE, in consideration of the recitals and the mutual
promises and covenants herein contained and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree to amend the Agreement as follows:

         A. Section 4 of the Agreement shall be revised, and hereby is amended
to read, as follows:

                  4. TERM OF OPTION. The term of the Option shall be for a
         period of five (5) years from the date hereof, subject to earlier
         termination as hereinafter provided.

         B. All other provisions of the Agreement, not specifically addressed in
Section A above, shall remain in full force and effect.

         IN WITNESS WHEREOF, the parties hereto have hereunto affixed their
signatures as of this 11 day of June, 2001.

                                        FANZ ENTERPRISES, INC.


                                        By: /s/ Frederick L. McDonald, II
                                           ------------------------------
                                              Frederick L. McDonald, II
                                              President


                                           /s/ Michael J. Wurtsbaugh
                                           ------------------------------
                                           MICHAEL J. WURTSBAUGH
**EXHIBIT 3.1**

 

**CERTIFICATE OF CORRECTION**

 

**OF**

 

**INTEREP NATIONAL RADIO SALES, INC.**

 

**Correct Title of Certificate and Name of Corporation**

**Under Section 105 of the Business CorporationLaw**

 

WE, THE UNDERSIGNED, Ralph C. Guild and PaulParzuchowski, being respectively the Chairman of the Board and the Secretary of Interep National Radio Sales, Inc., for the purpose of correcting an erroneous section reference which appears on the face of the Restated Certificate of Incorporationpursuant to Section 105 of the Business Corporation Law, hereby certify: 

 

1.        The name of the corporation is INTEREP NATIONAL RADIO SALES, INC. (the “Corporation”). The name under which the corporation was originally incorporated wasMcGAVREN-QUINN CORPORATION. 

 

2.        The Restated Certificate of Incorporation (the “Restated Certificate”) was filed by the Department of State on December 9, 1999. 

 

3.        Section 3(d)(iii) of theRestated Certificate under the heading “Common Stock” contains a cross reference to Section 3(d)(ii)(D) which was not intended, creates a contradiction apparent on its face and is erroneous. 

 

4.        Section 3(d)(iii) of theRestated Certificate is corrected to delete such cross reference and to read in its entirety as follows: 

 

“(iii)    automatically if (A) the holder thereof (other than the Corporation’s Stock Growth Plan and Trust, theCorporation’s Employee Stock Ownership Plan and Trust or any other employee benefit plan of the Corporation) ceases to be an officer, employee or director of the Corporation or (B) the holder thereof is a party described in clauses (A), (C),(E) or (F) of subparagraph (ii) of this paragraph (d) and such holder received its shares of the Class B Common Stock from an Initial Holder who ceases to be an officer, employee or director of the Corporation.” 

 

IN WITNESS WHEREOF, we have signed and subscribed this certificate on the3rd day of August, 2004 and we affirm the statements contained therein as true under penalties of perjury.
<PAGE>

                                                                    Exhibit 23.2


                     [RYDER SCOTT COMPANY, L.P. LETTERHEAD]

                   CONSENT OF INDEPENDENT PETROLEUM ENGINEERS



Board of Directors
3TEC Energy Corporation
Houston, Texas

     As independent petroleum engineers, we hereby consent to all references in
the Form 10-KSB for the year ended December 31, 2001, to Ryder Scott Company,
L.P. and/or our summary letters dated February 14, 2001 and January 15, 2002,
regarding our estimates of the proved oil and natural gas reserves of 3TEC
Energy Corporation as of December 31, 2000 and 2001, respectively.  We further
consent to all references to Ryder Scott Company, L.P. in previous filings that
are incorporated by reference in the Form 10-KSB, including our reserve
estimates of the oil and natural gas properties acquired by 3TEC Energy
Corporation from Floyd Oil Company, Magellan Exploration, LLC, and CWR
Resources, Inc.


RYDER SCOTT COMPANY, L.P.



Houston, Texas
March 29, 2002
#### § 308.165 Scope.

The rules and procedures in this subpart, subpart B of the Local Rules and the Uniform Rules shall apply to proceedings in connection with the assessment of cross-guaranty liability against commonly controlled depository institutions.
#### § 619.9210 Merger.

Combining of one or more organizational entities into another similar entity.
Presidential Documents

Federal Register / Vol. 74, No. 198 / Thursday, October 15, 2009 / Presidential Documents 52865 

Presidential Determination No. 2010–01 of October 8, 2009 

Waiver of and Certification of Statutory Provisions Regarding 

the Palestine Liberation Organization Office 

Memorandum for the Secretary of State 

Pursuant to the authority and conditions contained in section 7034(b) of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (Division H, Public Law 111–8), as carried forward 

by the Continuing Appropriations Resolution, 2010 (Division B, Public Law 

111–68), I hereby determine and certify that it is important to the national 

security interest of the United States to waive the provisions of section 

1003 of the Anti-Terrorism Act of 1987, Public Law 100–204. 

This waiver shall be effective for a period of 6 months. You are hereby 

authorized and directed to transmit this determination to the Congress and 

to publish it in the Federal Register. 

THE WHITE HOUSE, 

Washington, October 8, 2009 

[FR Doc. E9–24955 

Filed 10–14–09; 8:45 am] 

Billing code 4710–10–P 


erowe on DSK5CLS3C1PROD with MISCELLANEOUSOB#1.EPS</GPH>
###### Editorial Note on Part 741

#### Editorial Note:

Nomenclature changes to part 741 appear at 84 FR 1608, Feb. 5, 2019.

#### § 741.220 Privacy of consumer financial information.

Any credit union which is insured pursuant to title II of the Act must adhere to the requirements stated in part 1016 of this title (Regulation P).

[65 FR 31750, May 18, 2000, as amended at 78 FR 32545, May 31, 2013]
§ 308.40 Review by the Board of Directors. ( a ) *Notice of submission to the Board of Directors.* When the Administrative Officer determines that the record in the proceeding is complete, the Administrative Officer will serve notice upon the parties that the proceeding has been submitted to the Board of Directors for final decision.
( b ) *Oral argument before the Board of Directors.* Upon the initiative of the Board of Directors or on the written request of any party filed with the Administrative Officer within the time for filing exceptions, the Board of Directors may order and hear oral argument on the recommended findings, conclusions, decision, and order of the ALJ. A written request by a party must show good cause for oral argument and state reasons why arguments cannot be presented adequately in writing. A denial of a request for oral argument may be set forth in the Board of Directors' final decision. Oral argument before the Board of Directors must be on the record.
( c ) *Board of Directors' final decision.* ( 1 ) Decisional employees may advise and assist the Board of Directors in the consideration and disposition of the case. The final decision of the Board of Directors will be based upon review of the entire record of the proceeding, except that the Board of Directors may limit the issues to be reviewed to those findings and conclusions to which opposing arguments or exceptions have been filed by the parties.
( 2 ) The Board of Directors will render a final decision within 90 days after notification of the parties that the case has been submitted for final decision, or 90 days after oral argument, whichever is later, unless the Board of Directors orders that the action or any aspect thereof be remanded to the ALJ for further proceedings. Copies of the final decision and order of the Board of Directors will be served upon each party to the proceeding, upon other persons required by statute, and, if directed by the Board of Directors or required by statute, upon any appropriate State or Federal supervisory authority.
EXHIBIT 31.2

I, David Bolink, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Chell Group
Corporation, Inc. ("Chell");

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of Chell
as of, and for, the periods presented in this quarterly report;

4. As the sole certifying officer I am responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for Chell 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 Chell, including its
      consolidated subsidiaries, is made known to us by others within those
      entities, particularly during the period in which this quarterly report is
      being prepared;

      b. evaluated the effectiveness of Chell's disclosure controls and
      procedures and presented in this quarterly report our conclusions about
      the effectiveness of the disclosure controls and procedures, as of the end
      of the period covered by this quarterly report based on such evaluation;

      c. disclosed in this report any change in Chell's internal control over
      financial reporting that occurred during Chell's most recent fiscal
      quarter that has materially affected, or is reasonably likely to
      materially affect, Chell's internal control over financial reporting;

5. As the sole certifying officer I have disclosed, based on my most recent
evaluation of internal control over financial reporting, to Chell's auditors and
the audit committee of Chell's board of directors:

      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 Chell'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 Chell's internal control over
      financial reporting.

DATE: November 30, 2004



                                By: /s/ David Bolink
                                   -------------------------
                                        DAVID BOLINK
                                CHIEF ACCOUNTING OFFICER

                                       22
#### § 792.24 Can NCUA charge me interest if I fail to pay my bill?

NCUA can assess interest charges on an unpaid bill starting on the 31st day following the date of the bill. If you fail to pay your bill within 30 days, interest will be at the rate prescribed in 31 U.S.C. 3717, and will accrue from the date of the billing.
```

[110th Congress Public Law 59]
[From the U.S. Government Printing Office]

[DOCID: f:publ059.110]

[[Page 121 STAT. 562]]

Public Law 110-59
110th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
508 East Main Street in Seneca, South Carolina, as the ``S/Sgt Lewis G. 
 Watkins Post Office Building''. <<NOTE: Aug. 9, 2007 -  [H.R. 1335]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. S/SGT LEWIS G. WATKINS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 508 East Main Street in Seneca, South Carolina, shall be 
known and designated as the ``S/Sgt Lewis G. Watkins Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``S/Sgt Lewis 
G. Watkins Post Office Building''.

    Approved August 9, 2007.

LEGISLATIVE HISTORY--H.R. 1335:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 153 (2007):
            May 14, considered and passed House.
            Aug. 3, considered and passed Senate.

                                  <all>
```
EXHIBIT 31.2
CERTIFICATION
I, Allan J. Marter, certify that:
1.  I have reviewed this report on Form 10-K of Golden Star Resources Ltd. (“Registrant”); 2.  Based on my knowledge, this annual report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this annual report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis annual report, fairly present in all material respects the financial condition, resultsof operations and cash flows of the Registrant as of, and for, the periods presented in thisannual 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 controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the Registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this annualreport is being prepared;  b)  evaluated the effectiveness of the Registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  c)  disclosed in this report any change in the Registrant’s internal control overfinancial reporting that occurred during the Registrant’s most recent fiscal quarter (theRegistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the Registrant’s internal controlover financial reporting; and
5.  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 theaudit committee of Registrant’s board of directors (or persons performing the equivalentfunctions):
 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 whohave a significant role in the Registrant’s internal control over financial reporting.
Date: February 2, 2005
I 

108TH CONGRESS 

1ST SESSION H. R. 3614

To ensure that the national instant criminal background check system provides the Federal Bureau of Investigation with information on approved 

firearms transfers to persons named in the Violent Gang and Terrorist 

Organization File. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. KING of New York introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL

To ensure that the national instant criminal background 

check system provides the Federal Bureau of Investigation with information on approved firearms transfers to 

persons named in the Violent Gang and Terrorist Organization File.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3614 IH 

1 SECTION 1. FBI ACCESS TO NICS INFORMATION ON AP2 PROVED FIREARMS TRANSFERS TO PERSONS 

3 NAMED IN THE VIOLENT GANG AND TER4 RORIST ORGANIZATION FILE. 

5 Section 103 of the Brady Handgun Violence Preven6 tion Act (18 U.S.C. 922 note) is amended by adding at 

7 the end the following: 

8 ‘‘(l) Notwithstanding any other provision of law, the 

9 Attorney General shall prescribe such regulations as may 

10 be necessary to ensure that, if the system established 

11 under this section is contacted by a licensee for informa12 tion on whether receipt of a firearm by an individual 

13 whose name appears in the Violent Gang and Terrorist 

14 Organization File maintained by the Federal Bureau of 

15 Investigation would violate subsection (g) or (n) of section 

16 922 of title 18, United States Code, or State law, and 

17 the information available to the system does not dem18 onstrate that the receipt would be such a violation, the 

19 system shall preserve all records of the system with respect 

20 to the individual and the prospective transaction until the 

21 system has provided the records to the Federal Bureau 

22 of Investigation.’’.

Æ
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