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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7549

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BENJAMIN ROBERT BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

Ellen L. Hollander, District Judge. (1:14-cr-00532-ELH-2; 1:16-cv-04075-ELH)

Submitted: February 15, 2018 Decided: February 20, 2018

Before WILKINSON, FLOYD, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Benjamin Robert Brown, Appellant Pro Se. Christopher Lee Andrew Flagg, Lauren 

Elizabeth Perry, Michael Clayton Hanlon, Assistant United States Attorney, OFFICE OF 

THE UNITED STATES ATTORNEY, Baltimore, Maryland; Matthew Kevin Hoff, 

UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Benjamin Robert Brown seeks to appeal the district court’s order denying relief on 

his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A 

certificate of appealability will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable 

jurists would find that the district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on 

procedural grounds, the prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable claim of the denial of a 

constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Brown has not 

made the requisite showing. Accordingly, we deny a certificate of appealability and 

dismiss the appeal. 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.

DISMISSED
No. 42016.

#### Protests 883349-G, etc., of H. B. Stebbins-Leatherbee Co. (Boston).

Opnion by

McClelland, P. J.

On the record presented the protests were overruled.
No. 54261.

#### Amcu Trading Corp. et al. *v.*United States,

protests 144290-K, etc. (New York).

Opinion by

Johnson, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
SCWC-16-0000845

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI

DONNA LEE CHING,

Petitioner/Plaintiff-Appellant/Cross-Appellee,

vs.

NANCY LOO DUNG, Individually, and as Trustee under that certain 

unrecorded Nancy Loo Dung Revocable Living Trust dated

September 8, 1993; The Estate of DENNIS QUAN KEONG DUNG, 

DECEASED AS Trustee under that certain unrecorded Irrevocable 

Trust for Dixon Quan Hon Dung, dated June 21, 1995, and as 

Trustee under that certain unrecorded Nancy Loo Dung Revocable 

Living Trust dated September 8, 1993; PATSY BOW YUK DUNG, 

Individually, and as Trustee under that certain unrecorded 

Revocable Trust Agreement dated August 19, 2003;

DIXON QUAN HON DUNG; BILLIE DUNG; ANNETTE KWAI FAH DUNG;

DENBY DUNG; DARAH DUNG; DEAN DUNG,

Respondents/Defendants-Appellees/Cross-Appellants.

(CIVIL NO. 07-1-1116-06)

DONNA L. CHING, Individually,

Petitioner/Plaintiff/Counterclaim

Defendant-Appellant/Cross Appellee,

vs.

ANNETTE KWAI FAH DUNG, Personal Representative of the Estate of 

Dennis Quan Keong Dung; PATSY BOW YUK DUNG, Trustee of the 

Revocable Trust of Patsy Bow Yuk Dung, Individually; BILLIE DUNG, 

Individually; DARAH DUNG, Individually; DEAN DUNG, Individually; 

DENBY DUNG, Individually,

Respondents/Defendants/Counterclaim

Plaintiffs-Appellees/Cross-Appellants.

(CIVIL NO. 13-1-2929-11)

Electronically Filed

Supreme Court

SCWC-16-0000845

07-JAN-2021

08:52 AM

Dkt. 44 ODMR
2

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-16-0000845)

ORDER DENYING DEFENDANTS/APPELLEES/CROSS-APPELLANTS’

MOTION FOR RECONSIDERATION OF THE OPINION FILED DECEMBER 21, 2020

(By: Nakayama, Acting C.J., Wilson, and Eddins, JJ.,

Circuit Judge Crabtree, in place of Recktenwald, C.J., recused,

and Circuit Judge Tonaki, in place of McKenna, J., recused)

Upon consideration of Respondents/DefendantsAppellees/Cross-Appellants’ motion for reconsideration, filed on

December 30, 2020, and the record and files herein, 

IT IS HEREBY ORDERED, that the motion is denied. 

DATED: Honolulu, Hawaiʻi, January 7, 2021. 

/s/ Paula A. Nakayama

/s/ Michael D. Wilson

/s/ Todd W. Eddins

/s/ Jeffrey P. Crabtree

/s/ John M. Tonaki
H. Con. Res. 273 Agreed to February 8, 2008 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

Concurrent Resolution 

Whereas, in 1957, a group of visionary leaders gathered at the 

famed Brown Derby in Los Angeles to form The National Academy 

of Recording Arts & Sciences; 

Whereas The Recording Academy soon created the GRAMMY Award 

which is the world’s most visible and prestigious award for music; 

Whereas the GRAMMY was created as a peer award, given by 

music makers, for music makers, to honor the highest quality 

recording music of the year without regard to sales or chart 

position; 

Whereas The Recording Academy expanded its mission beyond recognition of musical excellence to include groundbreaking professional development, cultural enrichment, advocacy, education, and 

human services programs; 

Whereas through its 12 chapters across America, The Recording 

Academy serves more than 18,000 musicians, singers, songwriters, producers, engineers, and other music professionals; 

Whereas, in 1989, The Recording Academy created the GRAMMY 

Foundation to cultivate the understanding, appreciation, and 

advancement of the contribution of recorded music to American 

culture, from the artistic and technical legends of the past to 

the still unimagined musical breakthroughs of future generations 

of music professionals; 

Whereas that same year, The Recording Academy created 

MusiCares, to provide a safety net of critical assistance for music 

people in times of need; 

Whereas the GRAMMYs on the Hill Initiative, based in Washington, 

DC, works to advance the rights of the music community through 

advocacy, education, and dialogue; and 

Whereas through this initiative, The Recording Academy has 

become a leading advocate for music makers: Now, therefore, 

be it 

Resolved by the House of Representatives (the Senate concurring), That Congress congratulates The Recording Academy during 
H. Con. Res. 273—2 

its 50th GRAMMY celebration for its important work in improving 

the environment for music and music makers. 

Attest: 

Clerk of the House of Representatives. 

Attest: 

Secretary of the Senate.
AMENDMENT TO THE
                 NUVOMEDIA, INC. 1997 STOCK PLAN

                            RECITALS

          A.   On January 10, 2000, Gemstar International Group
Limited ("Gemstar") acquired NuvoMedia, Inc., a California
corporation, pursuant to that certain Agreement and Plan of
Merger dated December 22, 1999 (the "Merger Agreement");

          B.   The Gemstar Board of Directors (the "Board"), at a
meeting on December 22, 1999, (1) approved the assumption by
Gemstar of the NuvoMedia, Inc. 1997 Stock Plan (the "Plan") and
all of the then outstanding options granted under the Plan, (2)
approved the conversion of awards outstanding under the Plan to
awards to acquire Gemstar common stock as contemplated by the
Merger Agreement, and (3) authorized the officers of Gemstar to
execute and deliver any and all documents necessary to carry out
the assumption of the Plan and the assumption and conversion of
all the outstanding options granted under the Plan;

          C.   Gemstar has or will deliver to the holders of
outstanding options granted under the Plan a notice reflecting
the assumption of such options by Gemstar and the conversion of
the number of shares of common stock subject thereto in
accordance with the Merger Agreement.

          D.   It is advisable to amend the Plan to reflect
Gemstar's assumption of the Plan.

                            AMENDMENT

          The Plan is hereby amended as follows:

          1.   The definition of "Company" set forth in the Plan
is amended to read as follows: "`Company' means Gemstar
International Group Limited, a Delaware corporation."

          2.   The number of shares of stock set forth in Section
3 of the Plan is amended to read "347,214," which number of
shares equals the number of shares subject to the Plan
immediately prior to its assumption by Gemstar (4,000,000), as
adjusted in accordance with the Merger Agreement to reflect the
conversion of the shares to shares of Gemstar Common Stock.

          IN WITNESS WHEREOF, Gemstar has caused this Amendment
to be executed by the undersigned duly authorized officer.

                              GEMSTAR INTERNATIONAL GROUP
                              LIMITED,
                              a Delaware corporation


Dated:  February 24, 2000     By:  /s/ Stephen A. Weiswasser
                                   ------------------------------
                                   Stephen A. Weiswasser
                                   Executive Vice President
                                   and General Counsel
1 UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

FLIGHTLINE GROUND, INC., d/b/a )

FLIGHTLINE FIRST, )

)

Complainant, )

v. ) DOCKET NO. 16

- 11

- 01

)

LOUISIANA DEPARTMENT OF )

TRANSPORTATION AND )

DEVELOPMENT, AS SUCCESSOR TO )

THE LOUISIANA DIVISION OF )

ADMINISTRATION and THE BOARD )

OF COMMISSIONERS FOR THE )

MANAGEMENT OF THE LAKEFRONT )

AIRPORT ; NON

- FLOOD PROTECTION )

ASSET MANAGEMENT AUTHORITY, )

AS SUCCESSOR TO THE BOARD OF )

COMMISSIONERS OF THE ORLEANS )

PARISH LEVEE DISTRICT and )

ORLEANS PARISH LEVEE DISTRICT, )

DIVISION OF NON

- FLOOD ASSETS, )

)

Respondents. )

COMPLAINTANT’S MOTION TO AMEND STYLE OF THE CASE

COME S NOW, Flightline Ground, Inc., Complainant in the above

- captioned matter,

request to amend the style of the case to delete the phrase “d/b/a Flightline First” from the

caption of the case based upon the following :

1

.

Flightline, Inc. is a corporation and is the lessee of premises on the New Orleans Lake

Front Airport (“KNEW”).

2

.

Flightline First, LLC is a limited liability company which is separate entity from

Flightline Ground, Inc.2 3

.

Placing the phrase: “d/b/a Flightline First” in the caption of the case referenced to the

Complainant was an error of counsel of Complainant.

WHEREFORE, Complainant prays as follows:

1. That the caption of the case be amended to reflect that the name of the Complainant

in this action it is “ Flightline Ground, Inc.”; and

2. That the reference to “d/b/a/ Flightline First” in the caption of the case following the

name of the Complainant be deleted;

3. That the Federal Aviation Administration p romulgate any and all orders as are just in

the premises to correct the error in the caption of the case.

Respectfully submitted, this 17 th day of March, 2011.

s / Alan Armstrong

____________________________________ Alan Armstrong

Georgia Bar No. 022075

Counsel for Complainant

Alan Armstrong Attorney at Law

2900 Chamblee Tucker Road

Building 5, Suite 350

Atlanta, Georgia 30341

P: 770.451.0313

F: 770.451.0317

alan@alanarmstronglaw.com3 CERTIFICATE OF SERVICE

I hereby certify that the foregoing C omplaintant’s M otion to A mend S tyle of t he C ase h as been

served upon Brandon Brown, Esq., Counsel for the Louisiana Department of Transportation and

Development via electronic mail at brandon.brown@la.gov and als o that a copy of same has been served

upon Charles Curtis, Esq. , by electronic mail at ccurtis@metzgerlawfirm. com

, counsel for the Non

- Flood

Protection Asset Management Authority (the “authority”) and also Gerard Metzger, Esq., counsel for the

authority be electronic mail at gerry@metzgerlawfirm.com

.

This the 17 th day of March , 201 1

.

s / Alan Armstrong

________________________________ Alan Armstrong

Alan Armstrong Attorney at Law

2900 Chamblee Tucker Road

Building 5, Suite 350

Atlanta, Georgia 30341

P: 770.451.0313

F: 770.451.0317

alan@alanarmstronglaw.com
<PAGE>   1

Exhibit 11  Statement re: computation of per share earnings

            The following table reconciles the weighted average shares
outstanding and the income available to common shareholders used for basic and
diluted earnings per share:

                                                     Year ended December 31,
                                                1999        1998        1997

Weighted average number of common shares
      Outstanding used in basic earnings
      per Common Share calculation               2,133,906   1,536,821   595,942
Dilutive effect of stock options                         0          14         0

Weighted average number of shares outstanding
      adjusted for effect of dilutive
      securities used in diluted EPS
      calculation                                2,133,906   1,536,835   595,942

Net income                                      $  711,241  $  672,264  $343,957

Basic earnings per common share                 $      .33  $      .44  $    .58

Diluted earnings per common share               $      .33  $      .44  $    .58
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE SECOND QUARTER
1997 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-31-1997
<PERIOD-END>                               AUG-02-1997
<CASH>                                            6194
<SECURITIES>                                         0
<RECEIVABLES>                                    63704
<ALLOWANCES>                                         0
<INVENTORY>                                      53546
<CURRENT-ASSETS>                                136120
<PP&E>                                          207693
<DEPRECIATION>                                   84348
<TOTAL-ASSETS>                                  396000
<CURRENT-LIABILITIES>                            62150
<BONDS>                                         177849
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           579
<OTHER-SE>                                      116957
<TOTAL-LIABILITY-AND-EQUITY>                    396000
<SALES>                                         249446
<TOTAL-REVENUES>                                249446
<CGS>                                           189644
<TOTAL-COSTS>                                   189644
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                6327
<INCOME-PRETAX>                                  18823
<INCOME-TAX>                                      8376
<INCOME-CONTINUING>                              10447
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     10447
<EPS-PRIMARY>                                     1.72
<EPS-DILUTED>                                     1.29
        

</TABLE>
IV 

110TH CONGRESS 

2D SESSION H. CON. RES. 320 

Honoring Army Specialist Monica L. Brown, extending gratitude to her and 

her family, and pledging continuing support for the men and women 

of the United States Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2008 

Ms. JACKSON-LEE of Texas (for herself, Mr. PAUL, Mr. MCCAUL of Texas, 

Mr. POE, Mr. ORTIZ, Mr. HENSARLING, Ms. GRANGER, Mr. REYES, Mr. 

CUELLAR, Mr. BURGESS, Mr. EDWARDS, Mr. GENE GREEN of Texas, 

Mr. CONAWAY, Mr. CULBERSON, Mr. HINOJOSA, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. HALL of Texas, Mr. GONZALEZ, Mr. SESSIONS, 

Mr. LAMPSON, Mr. NEUGEBAUER, and Mr. AL GREEN of Texas) submitted the following concurrent resolution; which was referred to the 

Committee on Armed Services 

CONCURRENT RESOLUTION 

Honoring Army Specialist Monica L. Brown, extending gratitude to her and her family, and pledging continuing 

support for the men and women of the United States 

Armed Forces. 

Whereas members of the United States Armed Forces were 

attacked by a roadside bomb in the eastern Paktia province in Afghanistan on April 25, 2007; 

Whereas Monica L. Brown, age 19, a Specialist in the United 

States Army, ran through insurgent gunfire to save the 

mstockstill on PROD1PC66 with BILLS

2 

•HCON 320 IH 

lives of fellow wounded soldiers injured after the roadside 

bomb tore through their convoy of humvees; 

Whereas Brown is one of 25,109 women currently serving in 

the Armed Forces in Afghanistan and Iraq, and one of 

350,000 women serving in the United States Army; 

Whereas Brown is the first woman in Afghanistan and only 

the second female member of the Armed Forces since 

World War II to receive the Silver Star, the Nation’s 

third-highest medal for valor; and 

Whereas the thoughts and prayers of the Congress and the 

Nation remain with the families of all the members of the 

Armed Forces who are fighting to ensure the Nation’s 

freedom and safety: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) honors Monica L. Brown, a Specialist in the 

4 United States Army, who risked her life to save the 

5 lives of her fellow wounded soldiers while serving in 

6 the Global War on Terror in Afghanistan, and rec7 ognizes her for her bravery and heroism; 

8 (2) extends its deepest gratitude to Monica L. 

9 Brown and her family in Lake Jackson, Texas; and 

10 (3) pledges its continued support for the men 

11 and women of the United States Armed Forces. 

Æ 

mstockstill on PROD1PC66 with BILLS
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       3,553,182
<INT-BEARING-DEPOSITS>                          53,757
<FED-FUNDS-SOLD>                            30,534,573
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  2,802,711
<INVESTMENTS-CARRYING>                       2,007,742
<INVESTMENTS-MARKET>                         2,015,313
<LOANS>                                     60,330,461
<ALLOWANCE>                                    482,418
<TOTAL-ASSETS>                             103,868,013
<DEPOSITS>                                  68,655,126
<SHORT-TERM>                                 9,000,000
<LIABILITIES-OTHER>                            781,235
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,334,765
<OTHER-SE>                                  20,096,887
<TOTAL-LIABILITIES-AND-EQUITY>             103,868,013
<INTEREST-LOAN>                              4,703,869
<INTEREST-INVEST>                              133,583
<INTEREST-OTHER>                             1,006,677
<INTEREST-TOTAL>                             5,844,129
<INTEREST-DEPOSIT>                           1,929,771
<INTEREST-EXPENSE>                           2,438,947
<INTEREST-INCOME-NET>                        3,405,182
<LOAN-LOSSES>                                  120,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              2,947,045
<INCOME-PRETAX>                              1,045,464 
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   672,264
<EPS-PRIMARY>                                      .44
<EPS-DILUTED>                                      .44
<YIELD-ACTUAL>                                    7.49
<LOANS-NON>                                          0
<LOANS-PAST>                                    47,480
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               402,534
<CHARGE-OFFS>                                   42,884
<RECOVERIES>                                     2,768
<ALLOWANCE-CLOSE>                              482,418
<ALLOWANCE-DOMESTIC>                           482,418
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
CONSULTING CONTRACT

Dated for reference this 17th day of December, 1999.

This Consulting Agreement is made between:

Urbana.ca, Inc. (the "Corporation") and;

Lorna Seaton (the "Consultant").

Whereas, Urbana.ca, Inc. requires certain consulting services ,
including due diligence review and valuation consultation in
connection with the acquisition of several private companies; and

Whereas, Lorna Seaton is qualified and willing to provide said
services under the terms and conditions hereinafter set forth.

Now, therefore, the parties herein agree to the following terms
and conditions:

(1)  The Consultant shall provide sufficient time and effort to
complete various due diligence assignments concerning
acquisitions described herein prior to December 30, 1999.

(2)  The Consultant shall participate in formulating valuation
criteria and may participate in negotiations related to this
issue.

(3)  The Consultant shall receive a total of 100,000 shares in
the capital of the Corporation to be paid at the completion of
due diligence and regardless of whether either of the
contemplated acquisitions closes.  Said shares shall also be
deemed as adequate consideration for any expenses incurred by the
Consultant and shall be issued in the name of Lorna Seaton.

(4)  Said shares shall be registered with an S-8 filing at the
Corporation's first opportunity.

(5)  The Consultant is not entitled to any further compensation
at the close of any of the contemplated acquisitions.

(6)  It is understood and acknowledged by both parties that the
Consultant is acting as independent consultant and, therefore,
may not enter into any agreements or incur any obligations or
expenses other than as described herein.  The Consultant further
agrees not to disclose material information about the Corporation
and its business and shall not be retained by any individual or
corporation with similar business interests as the Corporation or
the targeted acquisitions for a period of one year.

In Witness Whereof, the parties hereto have duly executed and
delivered the Consulting Agreement as of the date first written
above.

                                         Urbana.ca, Inc.


                                         By :  /s/  Robert S. Tyson
                                         Robert S. Tyson, Secretary


                                         Lorna Seaton


                                         /s/  Lorna Seaton
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