alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

PHILLIP STEVE STAVRAKIS, ) ) Appellant, ) ) v. ) Case No. 2D17-251 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed February 20, 2019. Appeal from the Circuit Court for Pinellas County; Nancy Moate Ley, Judge. Howard L. Dimmig, II, Public Defender, and Siobhan Helene Shea, Special Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, LUCAS, and ATKINSON, JJ., Concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-7139

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANTONIO DEMOND BYERS,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at 

Charlotte. Frank D. Whitney, District Judge. (3:01-cr-00002-FDW-3)

Submitted: April 26, 2022 Decided: April 28, 2022

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

Affirmed by unpublished per curiam opinion.

Antonio Demond Byers, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Antonio Demond Byers appeals the district court’s order denying his 18 U.S.C. 

§ 3582(c)(1)(B) motions for a sentence reduction pursuant to § 404(b) of the First Step Act 

of 2018, Pub. L. No. 115-391, 132 Stat. 5194, 5222. We have reviewed the record and find 

no reversible error. Accordingly, we affirm the district court’s order. United States v. 

Byers, No. 3:01-cr-00002-FDW-3 (W.D.N.C. July 14, 2021). 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
§ 236.23 Aspects and indications. ( a ) Aspects shall be shown by the position of semaphore blades, color of lights, position of lights, flashing of lights, or any combination thereof. They may be qualified by marker plate, number plate, letter plate, marker light, shape and color of semaphore blades or any combination thereof, subject to the following conditions: ( 1 ) Night aspects of roadway signals, except qualifying appurtenances, shall be shown by lights; day aspects by lights or semaphore arms. A single white light shall not be used.
( 2 ) Reflector lenses or buttons or other devices which depend for visibility upon reflected light from an external source shall not be used hereafter in night aspects, except qualifying appurtenances.
( b ) The aspects of cab signals shall be shown by lights or by illuminated letters or numbers.
( c ) Each aspect displayed by a signal shall be identified by a name and shall indicate action to be taken. Only one name and indication shall apply to those aspects indicating the same action to be taken; the same aspect shall not be used with any other name and indication.
( d ) The fundamental indications of signal aspects shall conform to the following: ( 1 ) A red light, a series of horizontal lights or a semaphore blade in a horizontal position shall be used to indicate stop.
( 2 ) A yellow light, a lunar light, or a series of lights or a semaphore blade in the upper or lower quadrant at an angle of approximately 45 degrees to the vertical, shall be used to indicate that speed is to be restricted and stop may be required.
( 3 ) A green light, a series of vertical lights, or a semaphore blade in a vertical position in the upper quadrant or 60° or 90° in the lower quadrant shall be used to indicate proceed at authorized speed.
( e ) The names, indications, and aspects of roadway and cab signals shall be defined in the carrier's Operating Rule Book or Special Instructions. Modifications shall be filed with the FRA within thirty days after such modifications become effective.
( f ) The absence of a qualifying appurtenance, the failure of a lamp in a light signal, or a false restrictive position of an arm of a semaphore signal shall not cause the display of a less restrictive aspect than intended.
[33 FR 19684, Dec. 25, 1968, as amended at 49 FR 3383, Jan. 26, 1984]
From: cucaberra@hotmail.com [mailto:cucaberra@hotmail.com] 

Sent: Sunday, April 25, 2010 2:06 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

k. michelle semaan 

6416A PIZARRO DR. 

EL PASO, TX 79912
[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Notices]
[Page 46034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4043]


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

COMMISSION ON CIVIL RIGHTS


Sunshine Act Meeting.

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of meeting.

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

Date and Time: Friday, August 24, 2007; 9:30 a.m.

Place: U.S. Commission on Civil Rights, 624 Ninth Street, NW., Rm. 540, 
Washington, DC 20425.
    Meeting Agenda:
I. Approval of Agenda.
II. Approval of Minutes of August 16, Meeting.
III. Announcements.
IV. Staff Director's Report.
V. Management and Operations
    <bullet> Information Quality Guidelines.
VI. Program Planning
    <bullet> Briefing Report on Racial Categorization in the Census.
    <bullet> Briefing Report on Educational Effectiveness of HBCUs.
    <bullet> Discovery Plan and Outline for FY 2008 Statutory Report.
    <bullet> Update: Briefing on Minorities in Foster Care and 
Adoption.
VII. Future Agenda Items.
VIII. Adjourn.

FOR FURTHER INFORMATION CONTACT: Manuel Alba, Press and Communications 
(202) 376-8582.

    Dated: August 14, 2007.
David Blackwood,
General Counsel.
[FR Doc. 07-4043 Filed 8-14-07; 2:59 pm]
BILLING CODE 6335-02-P
Exhibit 32.1





Certification of CEO and CFO

Pursuant to 18 U.S.C. Section 1350,

As Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002







In connection with the Quarterly Report on Form 10-QSB of Century Properties Fund XIX (the "Partnership"), for the quarterly period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Martha L. Long, as the equivalent of the chief executive officer of the Partnership, and Stephen B. Waters, as the equivalent of the chief financial officer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:





(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 Partnership.





/s/Martha L. Long

Name:  Martha L. Long

Date:  November 13, 2007





/s/Stephen B. Waters

Name:  Stephen B. Waters

Date:  November 13, 2007





This certification is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

       

<ARTICLE>                                       9

<CIK>                                  0000704469 
<NAME>                                 Trans Financial, Inc.
<MULTIPLIER>                                1,000                
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                      Dec-31-1997     
<PERIOD-END>                           Mar-31-1997  
<CASH>                                          60,746
<INT-BEARING-DEPOSITS>                              98
<FED-FUNDS-SOLD>                                     0  
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    254,718
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0 
<LOANS>                                       1,518,980
<ALLOWANCE>                                      19,010
<TOTAL-ASSETS>                                1,937,942
<DEPOSITS>                                    1,516,954   
<SHORT-TERM>                                     55,000
<LIABILITIES-OTHER>                              32,517 
<LONG-TERM>                                     140,796
<PREFERRED-MANDATORY>                                 0 
<PREFERRED>                                           0 
<COMMON>                                         21,408
<OTHER-SE>                                      112,950
<TOTAL-LIABILITIES-AND-EQUITY>                1,937,942  
<INTEREST-LOAN>                                  34,837
<INTEREST-INVEST>                                 3,820
<INTEREST-OTHER>                                      2
<INTEREST-TOTAL>                                 38,659
<INTEREST-DEPOSIT>                               15,505 
<INTEREST-EXPENSE>                               19,359
<INTEREST-INCOME-NET>                            19,300
<LOAN-LOSSES>                                     1,950
<SECURITIES-GAINS>                                  221
<EXPENSE-OTHER>                                  17,039
<INCOME-PRETAX>                                   8,230
<INCOME-PRE-EXTRAORDINARY>                        5,548 
<EXTRAORDINARY>                                       0
<CHANGES>                                             0
<NET-INCOME>                                      5,548
<EPS-PRIMARY>                                       .48
<EPS-DILUTED>                                       .48
<YIELD-ACTUAL>                                     4.44
<LOANS-NON>                                       5,528
<LOANS-PAST>                                      3,388
<LOANS-TROUBLED>                                    633
<LOANS-PROBLEM>                                   7,036
<ALLOWANCE-OPEN>                                 18,065
<CHARGE-OFFS>                                     1,132
<RECOVERIES>                                        127
<ALLOWANCE-CLOSE>                                19,010
<ALLOWANCE-DOMESTIC>                             19,010
<ALLOWANCE-FOREIGN>                                   0
<ALLOWANCE-UNALLOCATED>                               0
        




</TABLE>
#### John Baizley, Respondent, *v.*James H. Workman and another, *Appellants.*

Judgment and order denying new trial affirmed, with costs. Opinion by

Barnard, P. J.
-----Original Message----- 

From: emeraldglass@hotmail.com [mailto:emeraldglass@hotmail.com] 

Sent: Sunday, April 25, 2010 9:04 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Stacey Shijka 

1763 Cass Lake Front Rd Apt 203 

Keego Harbor, MI 48320
From: Melissa Malone [mailto:mmalone.01@gmail.com] 

Sent: Thursday, May 28, 2009 6:08 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Regulatory Guidance USCG-2007-27022

Comments Regarding Regulatory Guidance USCG-2007-27022 

page 19157, II B specific areas 1 and 4 

 

I am a Learning Specialist who provides neurofeedback treatment to individuals with 

Attention Deficit Hyperactivity Disorder. Neurofeedback is an empirically validated and 

widely recognized effective non-medication treatment for ADHD, as well as other 

conditions. There are over 50 studies evaluating the effectiveness of neurofeedback in the 

treatment of ADHD, substance use disorders and Autism. A recent review of this 

literature concluded "Neurofeedback meets the American Academy of Child and 

Adolescent Psychiatry criteria for Clinical Guidelines for treatment of ADHD." This 

means that neurofeedback meets the same criteria as medication for treating ADHD, of 

which 60% of prescriptions are in fact prescribed "off label," and that neurofeedback 

"should always be considered as an intervention for this disorder by the clinician." 

 

This service has been denied by Georgia Medicaid, Aetna, United Behavioral Health, 

Blue Cross, Cigna, and Amerigroup. 

 

This is limitation of an effective and validated treatment for a mental health problem. The 

reasons given by the insurance companies for this denial fell into two categories: 1) our 

company does not cover biofeedback for mental health problems or 2) there is not yet 

sufficient evidence for the efficacy of neurofeedback. As such, they are using evidencebased criteria that are far more restrictive for mental health services than the criteria 

which are used for medical/surgical services. There are many routine medical and 

surgical procedures which have far fewer controlled studies about their efficacy than does 

neurofeedback. These medical and surgical procedures are generally not limited because 

of concerns about how many controlled studies have been performed about them. 

 We believe that the parity regulations, based on legal reviews of the parity statute, 

should require that employers and plans pay for the same range and scope of services for 

behavioral treatments as they do for medical surgical benefits, and that a plan cannot be 

more restrictive in their managed care criteria and reviews for mental health and 

substance abuse disorders when compared to medical/surgery. Today plans are being 

more restrictive in how they review evidenced-based mental health and Substance Abuse 

Treatments when compared to medical surgical treatments. This violates both the intent 

and letter of the parity statute and we hope that the regulations will clarify that this can't 

continue. 
-- 

Melissa Malone, M.Ed., BCIA-EEG 

Greensboro, North Carolina 

336-617-8385
#### § 29.532 May persons who are not Indians assert claims under FTCA?

Any aggrieved person may assert claims for alleged torts arising from activities performed in carrying out compacts and funding agreements.
-----Original Message----- 

From: brianp.donnelly@penfed.org [mailto:brianp.donnelly@penfed.org] 

Sent: Monday, April 26, 2010 12:02 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 26, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Brian Donnelly 

2630 Polk St 

Eugene, OR 97405
5-1-13 Line 3 Run 3 Temperature Data File Name: C:\Documents and Settings\All Users\Documents\MDAS-PRO\Data\c1.MP_Lgr Recorder Start Time: 3/27/2013 7:33:32 AM Eastern Daylight Time Recorder Stop Time: 5/2/2013 9:03:32 AM Eastern Daylight Time Measurement Interval: 30Min Number of Measurements: 1732 Alarm Activated: False Printout Date: 5/2/2013 9:23:16 AM Eastern Daylight Time Logger Serial Number: 110405009 Initial Description: Alcoa Line 3 Final Comment: Tracking Number: 5068 Note: Data Format: Output All Measurements. DateTime Temperature

5/1/2013 8:03 92 5/1/2013 8:33 93.8 5/1/2013 9:03 95.2 5/1/2013 9:33 96.8 5/1/2013 10:03 99 5/1/2013 10:33 100 5/1/2013 11:03101.8 5/1/2013 11:33108.2 5/1/2013 12:03 109 5/1/2013 12:33107.6 **AVG 100.34**
[Federal Register Volume 72, Number 20 (Wednesday, January 31, 2007)]
[Notices]
[Page 4497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-438]


=======================================================================
-----------------------------------------------------------------------

ELECTION ASSISTANCE COMMISSION


Sunshine Act Notice

AGENCY: United States Election Assistance Commission.

ACTION: Notice of public meeting (amended).

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

Date and Time:
    Thursday, February 8, 2007, 10 a.m.-1 p.m.

Place: U.S. Election Assistance Commission, 1225 New York Ave, NW., 
Suite 150, Washington, DC 20005 (Metro Stop: Metro Center).

Agenda: The Commission will receive an update on the Interim Voting 
System Laboratory Accreditation Program; The Commission will consider 
whether to terminate the interim program and will receive an update on 
the full Voting System Laboratory Accreditation Program; The Commission 
will receive an update on the EAC audit process and hear presentations 
from state officials on their experiences with the audit process; The 
Commission will receive a presentation of the research findings 
regarding voter identification requirements. The Commission will 
consider other administrative matters.
    This meeting will be open to the public.

FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone: (202) 566-
3100.

Donetta L. Davidson,
Chair, U.S. Election Assistance Commission.
[FR Doc. 07-438 Filed 1-29-07; 11:20 am]
BILLING CODE 6820-KF-M
Exhibit 10.1


 


March 9, 2006


 


John A. Krol


Lead Director


Tyco International Ltd.


90 Pitts Bay Road


Pembroke, HM 08 Bermuda


 


Employment Agreement (the “Employment
Agreement”) dated as of August 12, 2002 by and between Eric M. Pillmore
and Tyco International Ltd. (the “Company”)


 


Dear Jack:


 


I am writing to waive and do hereby waive any claims that the
consummation of the transactions described in the Form 8-K filed by the
Company on January 13, 2006 constitutes “Good Reason” under Section 7(e)(i) of
the Employment Agreement if the consummation of such transactions results in (1) a
significant diminution in my duties or responsibilities specifically because
the Company has been reduced in size or (2) a transfer of my employment
from the Company to an affiliate of the Company in connection with such
transactions constitutes a termination of my employment for purposes of the
Employment Agreement, provided that (i) such affiliate expressly assumes
and agrees to perform all of the Company’s obligations under the Employment
Agreement and (ii) I will not be required to relocate to a principal place
of employment more than 60 miles from my current principal place of employment
with the Company. My waiver will not act as a bar for a claim that I may have
Good Reason on any other grounds, including but not limited to, a change in
title, reporting relationships, or authority related to the consummation of
such transactions.


 


If this letter accurately sets forth our agreement on the subject
matter hereof, please so indicate by signing the enclosed copy of this letter
in the space provided below and returning it to me.


 


 


	
   

  	
  Yours truly,

  
	
   

  	
   

  
	
   

  	
  /s/ Eric M. Pillmore

  	
   

  
	
   

  	
  Eric M. Pillmore

  
	
   

  	
   

  
	
   

  	
   

  
	
  UNDERSTOOD AND AGREED 

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ John A. Krol

  	
   

  	
   

  
	
  John A. Krol 

  	
   

  
				



 


Dated this 19th day of March, 2006.


 


cc: Edward D. Breen
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

520 

CAF 14-00274 

PRESENT: CENTRA, J.P., CARNI, SCONIERS, VALENTINO, AND WHALEN, JJ. 

 

IN THE MATTER OF DAVID W., JR. 

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

ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, MEMORANDUM AND ORDER

PETITIONER-RESPONDENT; 

 

DAVID W., SR., RESPONDENT-APPELLANT. 

ALAN BIRNHOLZ, EAST AMHERST, FOR RESPONDENT-APPELLANT. 

JOSEPH T. JARZEMBEK, BUFFALO, FOR PETITIONER-RESPONDENT.

DAVID C. SCHOPP, ATTORNEY FOR THE CHILD, THE LEGAL AID BUREAU OF

BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL). 

 

Appeal from an order of the Family Court, Erie County (Sharon M.

LoVallo, J.), entered August 9, 2013 in a proceeding pursuant to

Social Services Law § 384-b. The order terminated the parental rights

of respondent. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Memorandum: Respondent father appeals from an order terminating

his parental rights with respect to his son on the ground of permanent

neglect. Contrary to the father’s contention, Family Court did not

abuse its discretion in refusing to enter a suspended judgment (see

Matter of Arella D.P.-D., 35 AD3d 1222, 1223, lv denied 8 NY3d 809). 

Petitioner established that the father failed to comply with his

service plan, i.e., he failed to complete substance abuse treatment

successfully, attend scheduled visitation with the child consistently,

or verify that he had obtained stable income and housing (see Matter

of Mikia H. [Monique K.], 78 AD3d 1575, 1576, lv dismissed in part and

denied in part 16 NY3d 760). “The record therefore supports the

court’s refusal to grant a suspended judgment inasmuch as the record

establishes that the [father] had no ‘realistic feasible plan to care

for the child[ ] . . . and . . . that [he] was not likely to change

[his] behavior’ ” (Matter of Dahmani M. [Jana M.], 104 AD3d 1245,

1246; see Matter of Sean W. [Brittany W.], 87 AD3d 1318, 1319, lv

denied 18 NY3d 802). 

Entered: June 12, 2015 Frances E. Cafarell

Clerk of the Court