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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6824

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

GREGORY K. CLINTON,

Defendant - Appellant.

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

Martinsburg. Gina M. Groh, District Judge. (3:17-cr-00005-GMG-RWT-1)

Submitted: October 18, 2022 Decided: October 21, 2022

Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gregory K. Clinton, Appellant Pro Se. David J. Perri, Assistant United States Attorney, 

OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6824 Doc: 10 Filed: 10/21/2022 Pg: 1 of 2
2

PER CURIAM:

Gregory K. Clinton appeals the district court’s order denying, pursuant to a prior 

prefiling injunction, Clinton’s motion to correct his criminal judgment. On appeal, we 

confine our review to the issues raised in the informal brief. See 4th Cir. R. 34(b). Because 

Clinton’s informal brief does not challenge the basis for the district court’s disposition, he

has forfeited appellate review of the court’s order. See Jackson v. Lightsey, 775 F.3d 170, 

177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit 

rules, our review is limited to issues preserved in that brief.”). Accordingly, although we 

grant Clinton’s motion to amend, we affirm the district court’s judgment. 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: 22-6824 Doc: 10 Filed: 10/21/2022 Pg: 2 of 2
§ 73.8000 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Federal Communications Commission (FCC) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the FCC and at the National Archives and Records Administration (NARA). Contact the FCC at: Federal Communications Commission's Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a). For information on the availability of this material at NARA, visit *www.archives.gov/federal-register/cfr/ibr-locations* or email *fr.inspection@nara.gov .* The material may be obtained from the following sources: ( a ) Advanced Television Systems Committee (ATSC), 1300 I Street NW, Suite 400E, Washington, DC 20005; website: *www.atsc.org/standards.html .* ( 1 ) ATSC A/52: “ATSC Standard Digital Audio Compression (AC-3),” 1995, IBR approved for § 73.682.
( 2 ) ATSC A/53 Parts 1-4 and 6: 2007 “ATSC Digital Television Standard,” (January 3, 2007) and ATSC A/53 Part 5: 2010 “ATSC Digital Television Standard: Part 5—AC-3 Audio System Characteristic,” (July 6, 2010); IBR approved for § 73.682. as listed below: ( i ) A/53, Part 1:2007, “Digital Television System” (January 3, 2007).
( ii ) A/53, Part 2:2007, “RF/Transmission System Characteristics” (January 3, 2007).
( iii ) A/53, Part 3:2007, “Service Multiplex and Transport Subsystem Characteristics” (January 3, 2007).
( iv ) A/53, Part 4:2007, “MPEG-2 Video System Characteristics” (January 3, 2007), except for § 6.1.2 of A/53 Part 4: 2007, and the phrase “see Table 6.2” in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3.
( v ) A/53, Part 5: 2010, “AC-3 Audio System Characteristics” (July 6, 2010).
( vi ) A/53, Part 6:2007, “Enhanced AC-3 Audio System Characteristics” (January 3, 2007).
( 3 ) ATSC A/65C: “ATSC Program and System Information Protocol for Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated May 9, 2006,” (January 2, 2006), IBR approved for §§ 73.682.
( 4 ) ATSC A/85:2013 “ATSC Recommended Practice: Techniques for Establishing and Maintaining Audio Loudness for Digital Television,” (March 12, 2013) (“ATSC A/85 RP”), IBR approved for § 73.682.
( 5 ) ATSC A/321:2016, “System Discovery and Signaling” (March 23, 2016), IBR approved for § 73.682.
( 6 ) ATSC A/322:2017 “Physical Layer Protocol” (June 6, 2017), IBR approved for § 73.682.
( b ) Federal Communications Commission (FCC), Reference Information Center, located at the address of the FCC's main office indicated in 47 CFR 0.401(a), or at the FCC's Office of Engineering and Technology (OET) website: *www.fcc.gov/oet/info/documents/bulletins/ .* ( 1 ) OET Bulletin No. 69: “Longley-Rice Methodology for Evaluating TV Coverage and Interference” (February 6, 2004), IBR approved for § 73.616.
( 2 ) [Reserved]
[89 FR 7264, Feb. 1, 2024]
#### § 18.73 Burden of proof.

The proponents of the proposed regulations and waiver must demonstrate that any taking or importation of any marine mammal under such proposed regulations and waiver would be consistent with the act.
§ 216.19 Special restrictions for humpback whales in waters surrounding the islands of Hawaii. ( a ) *Prohibitions.* Except as noted in paragraph (b) of this section, it is unlawful for any person subject to the jurisdiction of the United States to commit, to attempt to commit, to solicit another to commit, or to cause to be committed, within 200 nautical miles (370.4 km) of the islands of Hawaii, any of the following acts with respect to humpback whales (*Megaptera novaeangliae*): ( 1 ) Operate any aircraft within 1,000 feet (304.8 m) of any humpback whale;
( 2 ) Approach, by any means, within 100 yards (91.4 m) of any humpback whale;
( 3 ) Cause a vessel, person, or other object to approach within 100 yards (91.4 m) of a humpback whale;
( 4 ) Approach a humpback whale by interception (*i.e.,* placing an aircraft, vessel, person, or other object in the path of a humpback whale so that the whale approaches within 1,000 feet (304.8 m) of the aircraft or 100 yards (91.4 m) of the vessel, person, or object); or
( 5 ) Disrupt the normal behavior or prior activity of a whale by any other act or omission. A disruption of normal behavior may be manifested by, among other actions on the part of the whale, a rapid change in direction or speed; escape tactics such as prolonged diving, underwater course changes, underwater exhalation, or evasive swimming patterns; interruptions of breeding, nursing, or resting activities; attempts by a whale to shield a calf from a vessel or human observer by tail swishing or by other protective movements; or the abandonment of a previously frequented area.
( b ) *Exceptions.* The prohibitions of paragraph (a) of this section do not apply to: ( 1 ) Federal, State, or local government vessels, personnel, and assets, when necessary, in the course of performing official duties;
( 2 ) Vessel operations necessary to avoid an imminent and serious threat to a person, vessel, or the environment;
( 3 ) Vessels restricted in their ability to maneuver that, because of this restriction, are not able to comply with approach restrictions; or
( 4 ) Activities authorized through a permit or authorization issued by the National Marine Fisheries Service to take humpback whales.
( c ) *Affirmative defense.* ( 1 ) In connection with any action alleging a violation of this section, any person claiming the benefit of any exemption, exception, or permit listed in paragraph (b) of this section has the burden of proving that the exemption or exception is applicable, or that the permit was granted and was valid and in force at the time of the alleged violation.
( 2 ) [Reserved]
[81 FR 62017, Sept. 8, 2016, as amended at 88 FR 88265, Dec. 21, 2023]
- la 1970 4
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.                  

###### Securities and Exchange Commission

      ( print page 52351)    
Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of September 5, 2006:

A closed meeting will be held on Thursday, September 7, 2006 at 2 p.m.

Commissioners, Counsels to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters may also be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (9)(B) and (10) and 17 CFR 200.402(a)(3), (5), (6), 7(i)(A), (C), (D), and (E), (9)(ii), and (10) permit consideration of the scheduled matters at the closed meeting.

Commissioner Atkins, as duty officer, voted to consider the items listed for the closed meeting in closed session.

*The subject matters of the closed meeting scheduled for Thursday, September 7, 2006 will be:*

Formal orders of investigation;

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings of an enforcement nature;

Litigation matters; and

Consideration of amicus participation.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at (202) 551-5400.

Dated: August 30, 2006.

Nancy M. Morris,

Secretary.

[FR Doc. 06-7442 Filed 8-31-06; 8:45 am]

BILLING CODE 8010-01-M
*

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

United States Court of Appeals

Fifth Circuit

FILED

January 5, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 06-51365

Summary Calendar

_____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

HERMILO LEON-GARCIA

Defendant - Appellant

---------------------

Appeal from the United States District Court

for the Western District of Texas

---------------------

Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellant’s unopposed motion to vacate

sentence is GRANTED. IT IS FURTHER ORDERED that appellant’s unopposed motion to remand the case to district court for resentencing in light of Lopez v. Gomez is GRANTED. IT IS FURTHER

ORDERED that appellant’s unopposed motion to issue the mandate
immediately upon entry of the court’s opinion is GRANTED.
§ 23.54 How long is a U.S. or foreign CITES document valid? ( a ) *Purpose.* Article VI(2) of the Treaty sets the time period within which an export permit is valid. Validity periods for other CITES documents are prescribed in this section.
( b ) *Period of validity.* CITES documents are valid only if presented for import or introduction from the sea within the period of validity (before midnight on the expiration date) noted on the face of the document. ( 1 ) An export permit and re-export certificate will be valid for no longer than 6 months from the issuance date.
( 2 ) An import permit, introduction-from-the-sea certificate, and certificate of origin will be valid for no longer than 12 months from the issuance date.
( 3 ) A traveling-exhibition certificate and certificate of ownership will be valid for no longer than 3 years from the issuance date.
( 4 ) Other CITES documents will state the period of their validity, but no U.S. CITES document will be valid for longer than 3 years from the issuance date.
( c ) *Extension of validity.* The validity of a CITES document may not be extended beyond the expiration date on the face of the document, except under limited circumstances for certain timber species as outlined in § 23.73.
#### § 270.17 Authority to impose assessments.

A Council will impose and administer the collection of the assessments that are necessary to pay for all expenses incurred by the Council in carrying out its functions under 50 CFR part 270.
NOTE: This order is nonprecedential. 

United States Court of Appeals 

for the Federal Circuit 

__________________________ 

PANDUIT CORPORATION, 

Appellant, 

v. 

DAVID J. KAPPOS, DIRECTOR, 

UNITED STATES PATENT AND TRADEMARK 

OFFICE, 

Appellee, 

AND

ADC TELECOMMUNICATIONS, 

Cross Appellant. 

__________________________ 

2012-1435, -1436 

(Reexamination No. 95/000,412) 

__________________________ 

Appeals from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. 

__________________________ 

ON MOTION 

__________________________ 

O R D E R 

Upon consideration of Panduit Corporation’s unopposed motion to withdraw its Response and Reply Brief 

filed November 13, 2012, 

Case: 12-1435 Document: 41 Page: 1 Filed: 12/10/2012
PANDUIT CORPORATION v. KAPPOS 2

IT IS ORDERED THAT: 

The motion to withdraw Panduit’s Response and Reply Brief is granted. All other pending motions are moot. 

 FOR THE COURT

 /s/ Jan Horbaly 

 Jan Horbaly 

 Clerk 

s25 

Case: 12-1435 Document: 41 Page: 2 Filed: 12/10/2012
USDA-Sponsored Calendar Highlights

***April 22**
#### § 260.7 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act.

Subsection 203(h) of the Agricultural Marketing Act of 1946 provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified:

*Official certificate.* “Official certificate” means any form of certification, either written or printed, including those defined in § 260.6, used under this part to certify with respect to the inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).

*Official device.* “Official device” means a stamping appliance, branding device, stencil, printed label, or any other mechanically or manually operated tool that is approved by the Director for the purpose of applying any official mark or other identification to any product or the packaging material thereof.

*Official identification.* “Official identification” means any United States (U.S.) standard designation of class, grade, quality, size, quantity, or condition specified in this part or any symbol, stamp, label, or seal indicating that the product has been graded or inspected and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Director and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

*Official mark.* “Official mark” means the grade mark, inspection mark, combined form of inspection and grade mark, and any other mark, or any variations in such marks, including those prescribed in § 260.86, approved by the Secretary and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded or inspected or both, or indicating the appropriate U.S. Grade or condition of the product, or for the purpose of maintaining the identity of products graded or inspected or both under this part.

*Official memorandum.* “Official memorandum” means any initial record of findings made by an authorized person in the process of grading, inspecting, or sampling pursuant to this part, any processing or plant-operation report made by an authorized person in connection with grading, inspecting, or sampling under this part, and any report made by an authorized person of services performed pursuant to this part.
Dismissed; Opinion Filed April 16, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-01080-CV

SHAMIM A. CHOWDHURY AND LIZA S. CHOWDHURY, Appellants

V.

FIDELITY NATIONAL TITLE INSURANCE COMPANY AND 

COUNTRYWIDE BANK, FSB, Appellees

On Appeal from the County Court at Law No. 4

Dallas County, Texas

Trial Court Cause No. CC-19-07095-D

MEMORANDUM OPINION

Before Justices Myers, Partida-Kipness, and Garcia

Opinion by Justice Myers

Appellants’ brief in this case is overdue. By postcard dated March 30, 2021, 

we notified appellants the time for filing their brief had expired. We directed 

appellants to file a brief and an extension motion within ten days. We cautioned 

appellants that failure to file their brief by that time might result in the dismissal of 

this appeal without further notice. To date, appellants have not filed a brief, filed an 

extension motion, nor otherwise corresponded with the Court regarding the status of 

this appeal.
–2–

Accordingly, we dismiss this appeal. See TEX. R. APP. P. 38.8(a)(1); 42.3(b), 

(c).

201080F.P05

/Lana Myers/

LANA MYERS

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

SHAMIM A. CHOWDHURY AND 

LIZA S. CHOWDHURY, Appellants

No. 05-20-01080-CV V.

FIDELITY NATIONAL TITLE 

INSURANCE COMPANY AND 

COUNTRYWIDE BANK, FSB, 

Appellees

On Appeal from the County Court at 

Law No. 4, Dallas County, Texas

Trial Court Cause No. CC-19-07095-

D.

Opinion delivered by Justice Myers. 

Justices Partida-Kipness and Garcia 

participating.

In accordance with this Court’s opinion of this date, this appeal is 

DISMISSED.

Judgment entered this 16th day of April, 2021.
No. 11-5719.

#### Grandoit *v.*Bank of America.

C. A. 1st Cir. Motion of petitioner for leave to proceed *in forma pauperis*denied, and certiorari dismissed. See this Court’s Rule 39.8. As petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See *Martin*v. *District of Columbia Court of Appeals,*506 U. S. 1 (1992) *(per curiam).*
SEI~VED: February 1, 2017 

U.S. DEPARTMENT OF TRANSPORTATIQ.N T Of 

OFFICE 01<' HEARINGS OREr~~~~~~~."f\ON 

In The Matter Of: 

PUERTO RICO 

POLICE DEPARTMENT 

Respondent 

WASHINGTON, DC T to\ 

zan FEB-2 P 3: 28 

) 

) 

) 

) 

) 

) 

OOCKET OPERP-1\0NS 

Docket No. FAA-2013-1086 

Case No. 2011S0190181 

ORDER DISMISSING PROCEEDING 

On January 12, 2017 an Order Denying the Respondent's Motions, Granting in Part the 

FAA's Motion to Compel, and Granting/Denying Other Relief was filed. 

On January 31, 2017 the Respondent, Puerto Rico Police Department, filed a Motion 

Informing [sic] Settlement Agreement ("Motion"). In this Motion the Respondent confirmed 

that the parties had reached a settlement on the case. As part of that settlement, the Respondent 

agreed to withdraw its Request for a Hearing. 

After having reviewed the case tile, all pleadings and motions, all relevant caselaw, 

statutes, regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The September 14,2017 Motion Conference (I :30 pm 3:00pm ET) is cancelled. 

2. The February 13 · ·February I 5, 2018 Hearing scheduled in San Juan, Puerto Rico is 

cancelled. 

3. Pursuant to 14 C.F.R. § 13.215, the Respondent has withdrawn its Request for Hearing, 

and this proceeding is dismissed with prejudice. 

Attachment: Service List 
SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building----Suite 2Wl000 1 

Mr. Christopher R. Stevenson 

Complainant's Counsel 

Federal Aviation Administration 

ONE COPY 

Office of the Chief Counsel, Enforcement Division 

1701 Columbia Avenue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Ms. Nazihra M. Abdulrahman Soler 

Ms. Betmar R. Lopez Pagan 

Re.spondent 's Counsel 

Puerto Rico Police Department 

Office of Legal Affairs 

P.O. Box 71200 

San Juan, P.R. 00936 

TEL: 787-793-1234 ext. 3067,2203 

FAX: 787-781-7993 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. (E11-31 0) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Docket No. FAA-2013-1.086 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
Stock Option Plan



 Exhibit 10.01 
 AMENDMENT NO. 1 TO 
 EDUCATION MANAGEMENT CORPORATION 
 2006 STOCK OPTION PLAN 
 This AMENDMENT NO. 1 TO EDUCATION MANAGEMENT CORPORATION 2006
STOCK OPTION PLAN (the “Amendment”), is made effective as of March 9, 2007. 
 RECITALS 
 WHEREAS, Education Management Corporation, a Pennsylvania corporation (the “Company”) adopted the Education Management Corporation 2006
Stock Option Plan (the “Plan”), effective as of June 1, 2006. 
 WHEREAS, Section 13 of the Plan provides, in
part, that the Board of Directors of the Company (the “Board”) may amend, alter or discontinue the Plan, but no amendment, alteration or discontinuation shall be made without the consent of a Participant (as defined in the Plan), if
such action would diminish any of the rights of such Participant under any Option (as defined in the Plan) theretofore granted to such Participant under the Plan. 
 WHEREAS, the Board has determined it is in the best interest of the Company and its shareholders to amend the Plan in order to increase the number of Shares (as such term is defined in the Plan) which may be issued
under the Plan. 
 NOW THEREFORE, the Plan is hereby amended as follows: 
 1. Amendment of Section 3 of the Plan. The first sentence of Section 3 of the Plan is hereby deleted in its entirety and replaced with
the following: 
 “The total number of Shares which may be issued under the Plan is 1,620,171, subject to adjustment pursuant to
Section 8 hereof.” 
 2. References to Plan. Following the execution of this Amendment, all references in the Plan to the
“Plan” shall be deemed to be references to the Plan as amended by this Amendment. 
 3. No Further Amendments. Except as
expressly amended and modified herein, all terms and provisions of the Plan shall remain in full force and effect. 
 4. Governing
Law. This Amendment shall be governed by and construed in accordance with the laws of the State of New York. 







 IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the day and year first above
written. 
  

			
	EDUCATION MANAGEMENT CORPORATION
		
	By:	 	 /s/ Edward H. West

	Name:	 	Edward H. West
	Title:	 	Executive Vice President and Chief Financial Officer