alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4651

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL O. SHELL, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CR-95-105) Submitted: February 19, 2004 Decided: February 25, 2004 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. David W. Plowden, Assistant Federal Public Defender, Greenville, South Carolina, for Appellant. Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Michael O. Shell appeals the district court’s judgment revoking his supervised release and imposing a prison term of twenty-four months. Shell’s counsel filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), stating that there were no meritorious grounds for appeal but raising the issue of whether the district court abused its discretion by revoking Shell’s supervised release. Shell was advised of his right to file a pro se supplemental brief but has declined to do so. We have reviewed the record on appeal and conclude that the district court did not abuse its discretion by revoking Shell’s supervised release and imposing a prison sentence. SeeUnited States v. Davis , 53 F.3d 638, 642 (4th Cir. 1995) (providing standard of review). In accordance with the requirements of Anders , we have reviewed the entire record in this case and have found no meritorious issues for appeal. Accordingly, we affirm the revocation of Shell’s supervised release and his sentence. This court requires that counsel inform his client, in writing, of his right to petition the Supreme Court of the United States for further review. If the client requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof- 3 - was served on the client. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>   1
                                                                   EXHIBIT 10.55




                         [WESTPOINT STEVENS LETTERHEAD]




November 5, 1999


Mr. David C. Meek
321 Nature Trail Drive
Greer, SC 29651


Dear David,


I wanted to reconfirm our offer to you as Executive Vice President, Chief
Financial Officer:

BASE SALARY - $300,000 per year.

BONUS PLAN - You would be included in our top bonus category of the Senior
Management Incentive Plan. This would allow you to achieve a minimum bonus of
30%, a target bonus of 60% or a maximum bonus of 120% of your base salary,
based on achieving predetermined operating profit goals.

STOCK BONUS - Our stock bonus plan is based on achieving predetermined EPS
goals. On January 1, 2000, we will set your bonus stock amount based on 80% of
your annual salary to be reserved in stock based on the average of the highest
and lowest sales prices on the first trading day of the year. Earned awards
will vest on a 10 year schedule.

STOCK OPTIONS - We will provide you with options for 50,000 shares of stock
which will vest on a five year basis. The price will be based on the closing
price on your first day of Employment.

<PAGE>   2
                                                                   EXHIBIT-10.55
Mr. David C. Meek
November 5, 1999
Page 2


RESTRICTED SHARES - As an incentive to join our company, we will grant you
10,000 shares of restricted shares on a ten-year vesting schedule.

APARTMENT - We will agree to pay the rent for reasonable accommodations in the
West Point area for the first two years of your employment.

RELOCATION ALLOWANCE - At the end of the first two years of employment, you
will permanently relocate from Greer, South Carolina to the West Point area. We
will make available our standard relocation benefits to you at that time.

SEVERANCE - If you are terminated without cause in the first five years of your
employment, we will provide you with one year of annual base salary as
severance, subject to obtaining from you the usual and customary release form.
In addition, we will also vest your restricted stock and stock options. After
five years of employment, you will revert to our normal severance program.

Our benefit plans are very competitive, and we will have Foy Fisher our Vice
President of Human Resources contact you to go over the plans.

I am looking forward to working with you.

Best Regards,

/s/ T.J. WARD
T.J. Ward

/gsb

Accepted November 8, 1999, to begin employment no later than November 22.

/s/ DAVID C. MEEK
David C. Meek
11/8/99
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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1402

   To amend the Internal Revenue Code of 1986 to increase the amount 
           allowed as a deduction for start-up expenditures.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 7, 2009

 Mr. Merkley (for himself and Mr. Alexander) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To amend the Internal Revenue Code of 1986 to increase the amount 
           allowed as a deduction for start-up expenditures.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Jump Start Act of 
2009''.

SEC. 2. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP 
              EXPENDITURES.

    (a) In General.--Subsection (b) of section 195 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(3) Special rule for taxable years beginning in 2009, 
        2010, or 2011.--In the case of a taxable year beginning in 
        2009, 2010, or 2011, paragraph (1)(A)(ii) shall be applied--
                    ``(A) by substituting `$10,000' for `$5,000', and
                    ``(B) by substituting `$60,000' for `$50,000'.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after the 
date of the enactment of this Act.
                                 <all>
```
September 12 , 2014

By Email

Mr. Robert Fin amore

Division Chief

Foreign Air Carrier Licensing

U.S. Carrier Licensing Division

Department of Transportation

1200 New Jersey Ave., S.E.

Washington, D.C. 20590

Re: Application of Spirit Airlines, Inc. for a n Exemption for IAH / CUN , IAH/SJD,

IAH/TLC ( DOT

- OST

- 2014

- 0154 )

Dear Mr. Fin amore

,

Spirit Airlines has completed its poll of the U.S. carrier s served with its application of

September 4, 2014 for an exemption pursuant to 49 U.S.C. § 40109 for service between

Houston , Texas ( IAH ) and Cancun , Mexico ( CUN )

, Los Cabos, Mexico (SJD) and Toluca,

Mexico (TLC).

Spirit Airlines received non

- objections from each of the carrier s served. We request

expedited approval of our application

.

Respectfully submitted

,

Joanne W. Young

cc: Service List
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-50154

UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

KEENAN MILLER,

Defendant - Appellant

Appeal from the United States United States District Court

for the Western District of Texas, San Antonio Division

Before JOLLY, DeMOSS, and PRADO, Circuit Judges:

PER CURIAM:*

Keenan Miller appeals a condition of supervised release. Because of a

subsequent modification to the condition, his appeal is moot.

On February 23, 2009, the district court imposed conditions of supervised

release, including: “The defendant shall take any properly prescribed medication

and continue to take such medication while prescribed by a medical doctor and

authorized by his probation officer.” Miller appealed. 

United States Court of Appeals

Fifth Circuit

F I L E D

September 11, 2009

Charles R. Fulbruge III

Clerk
No. 09-50154

2

Miller is prescribed Paliperidone, an antipsychotic medication. He argues

that the district court’s involuntary medication order violated his rights under

the Fourteenth Amendment by failing to afford him due process. 

On July 23, the government moved unopposed under Federal Rule of

Criminal Procedure 32.1(c) to modify the condition. The next day, the district

court granted the motion. The new condition reads: 

With regard to the supervised-release condition requiring the

Defendant’s participation in mental-health treatment, as

administered by the probation office, the Defendant shall take

medication when and as prescribed a probation-office-authorized

mental-health-treatment provider who is a medical doctor. Any

required medication must be reasonably related to the Defendant’s

mental-health treatment. However, the Defendant’s refusal to take

antipsychotic or psychotropic medication prescribed by such a

treatment provider shall not be a violation of supervised release

unless the Court, after affording the Defendant due process,

determines and orders that the Defendant shall be compelled to

take such medication, and the Defendant thereafter violates the

Court’s order.

The government notified this Court of the change on July 27 and urges us

to consider the appeal moot. Miller replied on August 17, arguing that we

should still consider the appeal. 

We hold that the new condition of supervised release imposes no obligation

on Miller. Instead, it establishes a framework according to which the court may

later require Miller to take antipsychotic or psychotropic drugs. Only after a

hearing affording Miller due process will he be required to take any medication

and potentially face punishment for refusing to comply. Miller’s appeal,

therefore, is moot. 

APPEAL DISMISSED.
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# Fourth **Court of Appeals**

**San Antonio, Texas**

September 16, 2015

N o. 04

- 15

- 00351

- CV

IN THE INTEREST OF D.M.K., JR. AND D.K.K.,

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 13

- 1250

- CV

The Honorable William Old, Judge P residing



### ORDER

The State ’ s Motion for Extension of Time to file Appellee ’ s Brief is GRANTED. T ime

is extended to September 22, 2015.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed th e seal of the said

court on this 16th day of September, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
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