alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6965
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DONALD KIRKLAND, a/k/a Popcorn, Defendant - Appellant.
No. 01-7012
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MAYSO A. LAWRENCE, JR., Defendant - Appellant.
No. 01-7073
UNITED STATES OF AMERICA, Plaintiff - Appellee,2 versus MARTHA CHARICE COOK, Defendant - Appellant. Appeals from the United States District Court for the District of Maryland, at Baltimore. Herbert N. Maletz, Senior Judge, sitting by designation. (CR-89-391-JFM) Submitted: November 8, 2001 Decided: November 21, 2001 Before WILKINS, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Donald Kirkland, Mayso A. Lawrence, Jr., Martha Charice Cook, Appellants Pro Se. Andrea L. Smith, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland; John Vincent Geise, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Appellants appeal from the district court’s order denying their 18 U.S.C.A. § 3582 (West 2000) motions for reduced sentences. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. United States v. Kirkland; United States v. Lawrence ; United States v. Cook , No. CR-89-391-JFM (D. Md. May 30, 2001). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
# United States **Court of Appeals**  **for the Federal Circuit**

______________________ July 19 , 201 8

ERRATA

______________________ Appeal No s

. 2016

- 1559, 2016

- 1893, 2016

- 1894

ENERGY HEATING, LLC, AN IDAHO LIMITE D

LIABILITY COMPANY, R OCKY MOUNTAIN OILFIELD SERVICES, L LC, AN IDAHO LIMITED LIABILITY COMPANY, Plaintiffs

- Cross

- Appellants

MARATHON OIL CORPORATION, MARATHON OIL COMPANY, Third

- Party Defendants

- Cross

- Appellants

v.

HEAT ON

- THE

- FLY, L LC, A LOUISIANA LIMI TED LIABILITY COMPANY, S UPER HEATERS NORTH DAKOTA, LLC, A NORTH DAKOTA LIMITED LIABILITY COMPANY,

Defendants

- Appellants

Decided: May 4 , 201 8 Precedential Opinion

______________________ Please make the following change s:ENERGY HEATING
, LLC v. HEAT ON

- THE

- FLY
, LLC 2

On page 16, lines 34– 35, delete:

HOTF did not object

Replace the deleted language with:

n o one objected

On page 17, lines 24

– 27, delete:

Energy, however, also called Mr. Lind

, who testified that, according to Mr. Kelley, Mr. Lyles had mentioned the patent to Mr. Kelley. HOTF did not object to Mr. Lind’s testimony.

Replace the deleted language with:

HOTF, however, subsequently called Mr. Lind as an adverse witness . HOTF elicited from him the same allegedly hearsay statements to which Mr. Powell had earlier testified and to which HOTF had previously objected. No one objec ted to Mr. Lind’s testimony.

On page 17, lines 29

– 30, delete:

O n this unusual record where HOTF did not object to Mr. Lind’s testimony

,
Replace the deleted language with:

On this unusual record, where HOTF i tself elicited Mr. Lind ’ s testimony

,
Exhibit 32

CERTIFICATION

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 Annual Report of Washington Federal, Inc. (the Company) on
Form 10-K for the period ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned hereby certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, that to the undersigneds best knowledge and belief:

(a) the Report fully complies with
the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(b) the information contained in the
Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 26thday of November 2008.



Washington Federal, Inc. (Company)/s/ Roy M. WhiteheadROY M. WHITEHEADChairman, President and Chief Executive Officer/s/ Brent J. BeardallBRENT J. BEARDALLExecutive Vice President and Chief Financial Officer
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 800 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 800

     To increase opportunities for veterans with service-connected 
   disabilities to participate in Department of Defense procurement 
                                actions.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1993

 Mr. Solomon introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
     To increase opportunities for veterans with service-connected 
   disabilities to participate in Department of Defense procurement 
                                actions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENHANCED PARTICIPATION BY VETERANS IN DEFENSE PROCUREMENT 
              PROGRAMS.

    (a) Veterans With Service-Connected Disabilities To Be Eligible for 
SDB Program.--For purposes of section 1207(a)(1) of Public Law 99-661 
(10 U.S.C. 2301 note), an individual who is a veteran with a service-
connected disability (as determined by the Secretary of Veterans 
Affairs) shall be deemed to be a socially and economically 
disadvantaged individual.
    (b) Coverage of Businesses as Section 1207(a) Entities.--Section 
806(c) of Public Law 100-180 is amended by striking out the period at 
the end and inserting in lieu thereof ``, including small business 
concerns owned and controlled by individuals who are veterans with 
service-connected disabilities (as determined by the Secretary of 
Veterans Affairs), the majority of the earnings of which directly 
accrue to such individuals.''.
    (c) Implementation.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall revise the 
regulations prescribed under section 1207 of Public Law 99-661 and 
under section 806 of Public Law 100-180 (and such other regulations as 
may be necessary) in order to take into account the provisions of 
subsections (a) and (b) with respect to fiscal years 1992 and 1993.

                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                           <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                               DEC-31-1997
<PERIOD-START>                                  JAN-01-1997
<PERIOD-END>                                    MAR-31-1997
<CASH>                                                1,202
<SECURITIES>                                              0
<RECEIVABLES>                                         8,596
<ALLOWANCES>                                              0
<INVENTORY>                                           9,813
<CURRENT-ASSETS>                                     19,611
<PP&E>                                            3,743,227
<DEPRECIATION>                                       18,259
<TOTAL-ASSETS>                                    3,798,840
<CURRENT-LIABILITIES>                             1,409,003
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                           2,463
<COMMON>                                              8,836
<OTHER-SE>                                        2,343,538
<TOTAL-LIABILITY-AND-EQUITY>                      3,798,840
<SALES>                                              14,999
<TOTAL-REVENUES>                                     23,742
<CGS>                                                 1,019
<TOTAL-COSTS>                                       134,879
<OTHER-EXPENSES>                                     (6,458)
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                   21,821
<INCOME-PRETAX>                                    (126,501)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                (126,501)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                       (126,501)
<EPS-PRIMARY>                                         (.018)
<EPS-DILUTED>                                         (.018)
        

</TABLE>
<TABLE>
Exhibit 11            COMPUTATION OF EARNINGS PER SHARE
                      Fluke Corporation and Subsidiaries

<CAPTION>                               QUARTER ENDED           TWO QUARTERS ENDED
                                   10/24/97     10/25/96     10/24/97      10/25/96
                                <C>          <C>          <C>           <C>  
<S>
Shares issued and outstanding
at beginning of period           18,250,378   17,391,422   18,092,960    17,305,910

Net issuance of shares under
employee stock plans,
weighted average                     28,760          654      127,306        56,168

Weighted average common
shares outstanding               18,279,138   17,392,076   18,220,266    17,362,078

Assumed exercise of stock
options, weighted average 
of incremental shares               981,280      474,008      971,110       512,300

Average shares and share
equivalents outstanding          19,260,418   17,866,084   19,191,376    17,874,378

Earnings per share              $      0.39  $      0.36  $       .73   $       .67

Net Income                      $ 7,477,000   $6,404,000  $14,057,000   $11,963,000
</TABLE>
#### Bobby Allen BRYANT, Appellant, v. The STATE of Florida, Appellee.

No. 69-544.

District Court of Appeal of Florida, Third District.

April 28, 1970.

Rehearing Denied May 20, 1970.

*701Hughlan Long, Public Defender, and Lewis Kinder, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appel-lee.

Before PEARSON, C. J., and CHARLES CARROLL and SWANN, JJ.

PER CURIAM.

On this appeal by the defendant below from a judgment of conviction for robbery, two contentions are presented, first that the trial court erred in denying his motion to be discharged because not brought to trial within three terms of court in which he had filed written demands for speedy trial, and second, that appellant was denied due process of law in that the jury was composed of six rather than twelve jurors. We find no merit in either of those contentions, and affirm.

The record does not bear out the appellant’s contention that he was entitled to discharge based on having made demands for trial in three successive terms of the court. By § 32.03(4) (a), Fla.Stat., F.S.A., the terms of the criminal court of record of Dade County are shown to be as follows: “Second Tuesday in February. Second Tuesday in April. Second Tuesday in June. Second Tuesday in August. Second Tuesday in October. Second Tuesday in December.”

The defendant was arrested on November 4, 1968. He filed written demands for trial (in the first full term after arrest) on December 9, 1968, and (in the second term) on February 20, March 26, March 27, and (in the third term) on April 11, 1969. His trial was held on May 19, 1969, which was before the end of the third full term after his commitment, and therefore within the time required by the statute upon which he relied, § 915.01(2), Fla. Stat., F.S.A. Appellant’s contention relating to the makeup of the jury is rejected on authority of Hearns v. State, Fla.1969, 223 So.2d 738; Williams v. State, Fla. App.1969, 224 So.2d 406.

Affirmed.
January 23, 1996

Mr. Dennis P. Waldera
30 Iron Gate Road
Trumbull,  CT  06611

Dear Denny,

I am pleased to offer you the position of Vice President, Direct 
Marketing for Hello Direct, Inc., reporting to me. Attached is a list of 
your key areas of responsibility.

The following outlines the terms and conditions of this offer:

1. Base starting salary of $150,000 per year, payable bi-monthly.

2. You will be eligible to participate with the Company's other 
executive management personnel in the Management Bonus Plan and 
receive an annual bonus of 50% of base salary if the Company 
meets certain target financial results. Bonuses will be paid in 
the first quarter of the fiscal year following the year in 
which the bonus was earned.

3. As of the effective date of your employment, you will be 
granted an incentive stock option to purchase 50,000 shares of 
the Company's common stock at an exercise price equal to the 
fair market value at the date of the grant. You will be 
eligible to receive additional stock options in 1998. All such 
options vest over four years in accordance with the company's 
stock option vesting policy.

4. You will be eligible to participate in the Company's benefit 
programs, which include health, dental, 401K, and life 
insurance for you. There is a $36.42 payroll deduction per pay 
period for health coverage; dependent coverage is available at 
an additional charge. As a Company executive, you will also be 
eligible to participate in the Executive Disability Plan.

5. As we discussed, in addition to seven Company scheduled paid 
holidays and two floating paid holidays per year, you will 
receive ten days of paid vacation in 1996 and fifteen paid 
vacation days in 1997 and years thereafter.

6. In the unlikely event that during your first two years with the 
Company your employment is terminated without cause or 
following a change of controlling ownership of the Company, you 
will receive your base salary and benefits for nine months 
following the termination,  your stock options shall become 
fully vested and exercisable within three months from the date 
of termination, and you shall have the option of continuing to 
be covered by the Executive Disability Plan at your expense.

7. A starting date of on or before April 29, 1996.




Page 2
Dennis P. Waldera
January 23, 1996


Should this offer meet with your approval, please note your acceptance 
by signing and dating one copy of this letter in the space provided 
below and return it to me on or before February 5, 1996.

Denny, all of the officers join me in hoping that you will accept our 
offer to become a member of the Hello Direct team. We know that you 
would play a major leadership role in helping us to meet and exceed our 
goals while contributing to sustaining the Hello Direct Principles. We 
look forward to welcoming you on board!

Sincerely,

/s/ E. Alexander Glover
-----------------------
E. Alexander Glover 
Executive Vice President



Accepted by /s/ Dennis P. Waldera          Date February 5, 1996
                ---------------------           ----------------
              Dennis P. Waldera
103D CONGRESS

1ST SESSION H. R. 927

AN ACT

Pennsylvania as the National Aviary in Pittsburgh.

To designate the Pittsburgh Aviary in Pittsburgh,
103D CONGRESS

1ST SESSION H. R. 927

AN ACT

To designate the Pittsburgh Aviary in Pittsburgh,

Pennsylvania as the National Aviary in Pittsburgh.

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

3 SECTION 1. DESIGNATION.

4 The Pittsburgh Aviary in Pittsburgh, Pennsylvania is

5 designated as the ‘‘National Aviary in Pittsburgh’’.

6 SEC. 2. LEGAL REFERENCES.

7 Any reference in any law, regulation, document,

8 record, map, or other paper of the United States to the

9 aviary referred to in section 1 is deemed to be a reference

10 to the ‘‘National Aviary in Pittsburgh’’.

Passed the House of Representatives July 13, 1993.

Attest:

Clerk.
**EXHIBIT32.1**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the quarterly report on Form 10-Q of Friendly Ice Cream Corporation (the “Company”) for the period ended July 2, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John L. Cutter, as Chief Executive Officer and President of the Company, and Paul V. Hoagland, as Executive Vice President of Administration and Chief Financial Officer, hereby certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

1)                 TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2)                 Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|        | By:    | /s/ JOHN L. CUTTER                                                                                    |
|--------|--------|-------------------------------------------------------------------------------------------------------|
|   | Name:  | John L. Cutter                                                                                        |
|   | Title: | Chief Executive Officer and President (Principal Executive  Officer)                                  |
|   | Date:  | August 7, 2006                                                                                        |
|   |   |                                                                                                  |
|   | By:    | /s/ PAUL V. HOAGLAND                                                                                  |
|   | Name:  | Paul V. Hoagland                                                                                      |
|   | Title: | Executive Vice President of Administration and Chief  Financial Officer (Principal Financial Officer) |
|   | Date:  | August 7, 2006                                                                                        |

 

 

----
#### Melba I. CORY, as surviving widow of Fay C. Cory, Deceased, and Melba I. Cory, Executrix of the Estate of Fay C. Cory, Deceased, Appellants, v. GREYHOUND LINES, INC., a California corporation, Appellee.

No. 70-212.

District Court of Appeal of Florida, Fourth District.

Nov. 25, 1970.

Rehearing Denied Feb. 9, 1971.

PER CURIAM.

Affirmed.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A16A1376. OTHA DAVID RUTLEDGE, JR. v. THE STATE

In 2007, Otha David Rutledge, Jr. pled guilty to possession of cocaine. He was

sentenced as a recidivist to 30 years imprisonment.1In December 2015, Rutledge

filed an “Extraordinary Motion for Reduction or Modification of Sentence,” which

the trial court denied. Rutledge then filed this appeal. We, however, lack jurisdiction.

 Under OCGA § 17-10-1 (f), a court may modify a sentence during the year

after its imposition or within 120 days after remittitur following a direct appeal,

whichever is later. See Frazier v. State, 302 Ga. App. 346, 348 (691 SE2d 247)

(2010). Once this statutory period expires, a trial court may modify only a void

sentence. Id. A direct appeal does not lie from the denial of a motion to modify a

sentence filed outside the statutory time period unless the motion raises a colorable

claim that the sentence is, in fact, void. Id. A sentence is void only if it imposes

punishment that the law does not allow. Von Thomas v. State, 293 Ga. 569, 572 (2)

(748 SE2d 446) (2013).

In his motion, Rutledge asserts that the statute he was sentenced under was

later amended, and would reduce his sentence. Thus, he contends that his sentence

should be reduced. However, when a sentence is within the statutory range of

punishment when imposed, it is not void. Jones v. State, 278 Ga. 669, 670 (604 SE2d

483) (2004). Rutledge’s sentence as a recidivist, to 30 years imprisonment for

possession of cocaine was within the statutory range. See OCGA § 16-13-30 (d);

1 Rutledge’s sentence was to run concurrent with a prior life sentence for

possession with intent. 

May 06, 2016
Fleming v. State, 271 Ga. 587, 590 (523 SE2d 315) (1999) (“in general, a crime is

to be construed and punished according to the provisions of the law existing at the

time of its commission”). Accordingly, Rutledge’s motion did not raise a colorable

void-sentence argument, the trial court had no power to grant the motion, and

Rutledge is not entitled to appellate review of the order denying it. See id. This

appeal is therefore DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

05/06/2016
**Exhibit
      32.1**




CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





I,
      Damien
      R. Tanaka, Chairman, Chief Executive Officer and President of Aduromed
      Industries, Inc., (the “Company”), hereby certify that, to the best of my
      knowledge and belief:





1.
      The
      Quarterly Report on Form 10-QSB, of the Company for the nine month period ended
      September 30, 2007, as filed with the Securities and Exchange Commission (the
      "Quarterly Report"), fully complies with the requirements of Section 13 (a)
      or
      15 (d) of the Securities and Exchange Act of 1934, as amended; and





2.
      The
      information contained in this Quarterly Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Date:
      November 14, 2007








/s/
      Damien R. Tanaka





Damien
      R.
      Tanaka


Chairman
      of the Board,


President
      and


Chief
      Executive Officer