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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-1313

ARTHUR O. ARMSTRONG,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., District

Judge. (MISC-01-15-1)

Submitted: May 3, 2001 Decided: May 17, 2001

Before MOTZ, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Arthur O. Armstrong, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Arthur O. Armstrong appeals a district court order dismissing

his motion for leave to file a lawsuit. We have reviewed the record and the district court order and find no error. Accordingly,

we deny Armstrong’s motion for leave to proceed in forma pauperis

and dismiss the appeal as frivolous. We further deny Armstrong’s

motion for summary judgment. 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.

DISMISSED
H. Con. Res. 244 Agreed to December 7, 2001

One Hundred Seventh Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, two thousand and one

Concurrent Resolution

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. PRINTING OF REVISED EDITION OF ‘‘OUR FLAG’’.

A revised edition of the publication entitled ‘‘Our Flag’’, revised

under the direction of the Joint Committee on Printing, shall be

printed as a House document.

SEC. 2. NUMBER OF COPIES.

(a) IN GENERAL.—Except as provided in subsection (b), there

shall be printed a number of copies of the publication described

in section 1 as follows:

(1) 250,000 for the use of the House of Representatives,

distributed in equal numbers to each Member of the House

and each Delegate and Resident Commissioner to the Congress.

(2) 51,500 for the use of the Senate, distributed in equal

numbers to each Senator.

(3) 2,000 for the use of the Joint Committee on Printing.

(4) 1,400 for distribution to the depository libraries.

(b) ALTERNATIVE NUMBER.—If the total printing and production

costs of the number of copies provided under subsection (a) exceed

$150,000, there shall be printed the maximum number of copies

of the publication described in section 1 for which such total costs
H. Con. Res. 244—2

do not exceed $150,000, with distribution allocated in the same

proportion as in subsection (a).

Attest:

Clerk of the House of Representatives.

Attest:

Secretary of the Senate.
### T G C EN G I N EER I N G + 1310 S H A R O N C O P L E Y RD + P

. O

. B O X 3 7 + S H A R O N C E N T E R

, OH 4427 4

P + 330.590.800 4 TGCENGINEERING.COM

F + 888.820.842 3 TCRANE@TGCENGINEERING.COM 

# On-Site Safety & Flight Operations Checklist

Planning

o Review of target area utilizing Google Earth, B4UFLY, etc.

o Check for overhead wires

o Identify safe take

‐ off/landing area and locate alternative sites (at least 50 feet in diameter)

o Verify local topography for maintaining VLOS

o Check weather and verify forecast for duration of flight

o Verify winds are within tolerance of Phantom 3 limits (15 MPH)

o Review flight plan with VO and/or SO

o Review of any FAA restricted airspaces, airports or other areas of concerns

o Notification of adjacent property owners and/or bystanders



## Pre-Flight

o Locate warning signs / cones around landing area

o Walk selected landing area and check for debris or obstructions

o Unpack DJI Phantom 3 Professional and inspect for damage

o Cracks in joints/structural members

o Loose screws, ties, fasteners, etc.

o Loose wiring connections

o Propeller arms including propellers

o Camera and settings

o Battery fully charged, properly seated and connected

o Landing struts for damage

o Ensure takeoff zoning is clear and audibly announce “Clear Prop”

o Turn on DJI Phantom 3

o Toggle S1 & S2 switches five times to set GPS recalc & failsafe landing zone

o Wait for positive GPS indicator lights (solid green slow flashing)

o Rotate DJI Phantom 3

– 360 degrees both horizontally and vertically to ensure stable lock

o Verify takeoff area again

o Engage motors and lift off in straight vertical line to desired altitude (less than 400 AGL)



## In-Flight

o Monitor both GPS lock (number of satellites acquired) and Battery level every minute

o Visually observe for any changes to the takeoff/landing area and advise if required

o Visually observe if any irregularities occur with Phantom 3 and land immediately if observed



### o Return craft to landing area when battery level is at least at 20%



## Post-Flight

o Audibly announce “Returning for Landing”

o Carefully land craft away from obstructions and people

o Ensure landing area is at least 50 foot in diameter

o Slowly bring in craft for landing and power down DJI Phantom 3

o Power down controller

o Power down camera

o Store equipment in applicable cases

o Log Flight in both PIC logbook and sUAV logbook
[No. 18305-6-II.

Division Two.

May 31, 1996.]

#### Herbert D. Hadley, et al., *Plaintiffs,*v. Ward Smith, et al., *Appellants,*and Frank King, et al., *Respondents.*

Appeal from a judgment of the Superior Court for Cowlitz County, No. 93-2-00986-1, Milton R. Cox, J., entered April 29, 1994. *Reversed*by unpublished opinion per Turner, J., concurred in by Seinfeld, C.J., and Hough-ton, J.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 42 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. CON. RES. 42

  Expressing the sense of the Congress that rates of compensation for 
civilian employees of the United States should be adjusted at the same 
  time, and in the same proportion, as are rates of compensation for 
                   members of the uniformed services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2001

Mr. Hoyer (for himself, Mr. Tom Davis of Virginia, Mr. Wolf, Mr. Moran 
  of Virginia, Mr. Wynn, Mrs. Morella, Mr. Cummings, Mr. Cardin, Ms. 
Norton, Mr. Frank, Mr. Lantos, Mr. Baldacci, Mr. Sisisky, Mr. Price of 
 North Carolina, Mr. Kildee, Ms. McKinney, Mr. Davis of Illinois, Mr. 
McGovern, and Ms. Brown of Florida) submitted the following concurrent 
  resolution; which was referred to the Committee on Government Reform

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the sense of the Congress that rates of compensation for 
civilian employees of the United States should be adjusted at the same 
  time, and in the same proportion, as are rates of compensation for 
                   members of the uniformed services.

Whereas members of the uniformed services and civilian employees of the United 
        States make significant contributions to the general welfare of the 
        Nation;
Whereas increases in the pay of members of the uniformed services and of 
        civilian employees of the United States have not kept pace with 
        increases in the overall pay levels of workers in the private sector, so 
        that there now exists (1) a 32 percent gap between compensation levels 
        of Federal civilian employees and compensation levels of private sector 
        workers, and (2) an estimated 10 percent gap between compensation levels 
        of members of the uniformed services and compensation levels of private 
        sector workers; and
Whereas, in almost every year during the past two decades, there have been equal 
        adjustments in the compensation of members of the uniformed services and 
        the compensation of civilian employees of the United States: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that rates of compensation for 
civilian employees of the United States should be adjusted at the same 
time, and in the same proportion, as are rates of compensation for 
members of the uniformed services.
                                 <all>
```
#### John D. Robertson, Plaintiff in Error, v. J. Albert Hinson, Jr., Defendnt in Error.

Division A.

Writ of Error to Circuit Court, Marion county; William S. Bullock, Judge.

*William Hoclcer^*for Plaintiff in Error.

No appearance for Defendant in Error.

Per Curiam.

This action was brought by the plaintiff, in error against the defendant in error. There was judgment for the defendant and the plaintiff takes writ of error. ■ The judgment is affirmed.

Decision
Annex to Contract of Employment - Walter Schillings dated October 1, 1999



 Exhibit 10.3 
  
 Annex to Contract of Employment 
  
 With effect from 01.10.1999, between 
  
 Franklin Electronic Publishers Deutschland GmbH 
  
 and 
  
 Mr. Walter Schillings 
  
 it is hereby agreed as follows:

  

	1.	With retroactive effect from 11.03.1996, Mr. Schillings is hereby exempted from any obligation to pay social security contributions. Consequently, the obligation of Franklin GmbH to
pay the employer’s social insurance contribution no longer applies since 11.03.1999. 

  

	2.	Employer’s contributions for the period 11.03.1996 to 30.09.1999 amounting of DM 45.991,– shall be reimbursed to the benefit of Mr. Schillings by single premium. The
maturity of the single premium is the 15.12.1999. 

  

	3.	A compensation for discontinuance of the employer’s social contributions as from 01.10.1999 will be paid to Mr. Schillings. 








 The compensatory amount shall comprise the social Insurance contributions according to the earnings threshold for
contributions assessment of presently DM 8,500.00 (state pension scheme and unemployment insurance) and according to the annual earnings ceiling of DM presently 6,350.00 monthly (statutory health insurance and compulsory nursing insurance):

  

					
	–	  	state pension scheme	  	 
	 	  	9.75%	  	DM 828.75
			
	–	  	unemployment insurance	  	 
	 	  	3.25%	  	DM 276.25
			
	–	  	health insurance	  	 
	 	  	6.7%	  	DM 427.12
			
	–	  	nursing insurance	  	 
	 	  	0.85%	  	DM 54.19

  

	4.	In the event that the earnings threshold for contributions assessment, the annual earnings ceiling and / or the contribution rates are amended, the basic salary shall be amended
accordingly. 

  

	5.	The compensatory amount of October to december 1999 is paid by a single premium. This single premium is due on 15.12.1999. The compensatory amounts from 01.01.2000 onwards will be
paid monthly according to the ordinary salary. 

  

	6.	Such basic salary increases shall be applicable 

  

 2 








 and shall continue to apply for as long as Franklin GmbH is released from paying employer’s social
insurance contributions for Mr. Schillings. 
  
 den : 1.10.1999

  

							
	 	 	 /s/

	 	 	 	 /s/ Walter Schillings


	 	 	 Franklin Electronic
 Publishers (Deutschland)
 GmbH
	 	 	 	 Walter Schillings


  

 3
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Lisa Flores, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert Stolz, J.), rendered October 30, 2016, convicting her, upon her plea of guilty, of petit larceny, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Robert Stolz, J.), rendered October 30, 2016, affirmed.</p><p>The record establishes that defendant's plea was knowing, intelligent and voluntary (<i>see People v Conceicao</i>, 26 NY3d 375, 382-383 [2015]; <i>People v Sougou</i>, 26 NY3d 1052, 1054—1055 [2015]). At the plea proceeding, defendant stated that she wished to plead guilty to the charged offense of petit larceny in exchange for a sentence of time served. Defendant acknowledged the facts underlying her commission of the offense, stated that she had time to discuss her guilty plea with counsel, and waived her right to trial. Thus, the record as a whole establishes defendant's understanding and waiver of her constitutional rights, despite the absence of a full enumeration of all the rights waived (<i>see People v Sougou</i>, 26 NY3dat 1054; <a href="../2016/2016_02904.htm" target="_blank"><i>People v Simmons</i>, 138 AD3d 520</a> [2016], <i>lv denied</i> 27 NY3d 1139 [2016]). </p><p>In any event, the only relief defendant requests is dismissal of the accusatory instrument, and she expressly requests that this Court affirm her conviction if it does not grant dismissal. Since it cannot be said that no penological purpose would be served by remanding the matter to Criminal Court for further proceedings, dismissal is not warranted and therefore, we affirm on this basis as well (<i>see People v Conceicao</i>, 26 NY3d at 385 n 1; <a href="../2016/2016_03598.htm" target="_blank"><i>People v Teron</i>, 139 AD3d 450</a> [2016]). </p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur concur<br>Decision Date: December 9, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
107TH CONGRESS

2D SESSION H. CON. RES. 437

CONCURRENT RESOLUTION

Recognizing the Republic of Turkey for its cooperation in the campaign against global terrorism, for

its commitment of forces and assistance to Operation Enduring Freedom and subsequent missions in Afghanistan, and for initiating importanteconomic reforms to build a stable and prosperous economy in Turkey.

107TH CONGRESS

2D SESSION H. CON. RES. 437

CONCURRENT RESOLUTION

Whereas the United States and the Republic of Turkey have

long been allies and share a commitment to preserving

global peace and stability;

Whereas Turkey has demonstrated a steadfast commitment

to the war on terrorism;
2

•HCON 437 EH

Whereas Turkey was the first country with a predominantly

Muslim population to offer direct military participation in

Operation Enduring Freedom;

Whereas the use of the Incirlik Air Base in Turkey, from

which thousands of United States transport planes have

taken off since the beginning of Operation Enduring

Freedom, has greatly facilitated the campaign in Afghanistan;

Whereas Turkey, the only member nation of NATO with a

predominantly Muslim population, has assumed command

of the International Security and Assistance Force in Afghanistan;

Whereas Turkey faced financial and currency crises and a recession in 2000 and 2001;

Whereas Turkey’s fiscal discipline and actions to restore confidence in the banking system have laid the foundation

for sound economic recovery;

Whereas the future growth and prosperity of Turkey depend

in large measure on encouraging more foreign investment

in Turkey and improving trade relations; and

Whereas the United States is interested in building a broader

investment and trading relationship with Turkey: Now,

therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) recognizes the Republic of Turkey for its

4 steadfast commitment to, and cooperation in, the

5 war against terrorism, including—
3

•HCON 437 EH

1 (A) Turkey’s immediate condemnation of

2 the terrorist attacks against the United States

3 that occurred on September 11, 2001;

4 (B) Turkey’s offers to the United States of

5 troops, the use of air bases, increased force pro6 tection for United States military personnel and

7 equipment in Turkey, and diplomatic overflight

8 clearances;

9 (C) Turkey’s deployment of hundreds of

10 troops to Afghanistan to participate in the ini11 tial phase of the International Security Assist12 ance Force; and

13 (D) Turkey’s willingness to participate in

14 and lead the International Security Assistance

15 Force in Afghanistan and assist the United

16 States in training the new Afghan security

17 forces; and

18 (2) commends Turkey for implementing eco19 nomic reforms, particularly those which increase pri-
4

•HCON 437 EH

1 vatization and improve the investment climate in

2 Turkey.

Passed the House of Representatives October 16,

2002.

Attest:

Clerk.
III

106TH CONGRESS

1ST SESSION S. RES. 73

Congratulating the Government and the people of the Republic of El Salvador

on successfully completing free and democratic elections on March 7, 1999.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 1999

Mr. DEWINE (for himself, Mr. COVERDELL, Mr. GRAHAM, and Mr. DODD)

submitted the following resolution; which was referred to the Committee

on Foreign Relations

MARCH 23, 1999

Reported by Mr. HELMS, without amendment

MARCH 23, 1999

Considered and agreed to

RESOLUTION

Congratulating the Government and the people of the Republic of El Salvador on successfully completing free and

democratic elections on March 7, 1999.

Whereas on March 7, 1999, the Republic of El Salvador successfully completed its second democratic multiparty elections for President and Vice President since the signing

of the 1992 peace accords;

Whereas these elections were deemed by international and domestic observers to be free and fair and a legitimate nonviolent expression of the will of the people of the Republic

of El Salvador;
2

•SRES 73 ATS

Whereas the United States has consistently supported the efforts of the people of El Salvador to consolidate their democracy and to implement the provisions of the 1992

peace accords;

Whereas these elections demonstrate the strength and diversity of El Salvador’s democratic expression and promote

confidence that all political parties can work cooperatively

at every level of government; and

Whereas these open, fair, and democratic elections of the new

President and Vice President should be broadly commended: Now, therefore, be it

1 Resolved, That the Senate—

2 (1) congratulates the Government and the peo3 ple of the Republic of El Salvador for the successful

4 completion of democratic multiparty elections held

5 on March 7, 1999, for President and Vice President;

6 (2) congratulates President-elect Francisco

7 Guillermo Flores Perez and Vice President-elect

8 Carlos Quintanilla Schmidt on their recent victory

9 and their continued strong commitment to democ10 racy, national reconciliation, and reconstruction;

11 (3) congratulates El Salvadoran President

12 Armando Caldero ́n Sol for his personal commitment

13 to democracy, which has helped in the building of

14 national unity in the Republic of El Salvador;

15 (4) commends all Salvadoran citizens and polit16 ical parties for their efforts to work together to take
3

•SRES 73 ATS

1 risks for democracy and to willfully pursue national

2 reconciliation in order to cement a lasting peace and

3 to strengthen democratic traditions in El Salvador;

4 (5) supports Salvadoran attempts to continue

5 their cooperation in order to ensure democracy, na6 tional reconciliation, and economic prosperity; and

7 (6) reaffirms that the United States is un8 equivocally committed to encouraging democracy and

9 peaceful development throughout Central America.

Æ
EXHIBIT 32.1



SECTION 1350 CERTIFICATIONS



In connection with the Quarterly Report of Symmetry Medical Inc. (the Corporation) on Form 10-Q for the quarter ended July 2, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian Moore, President and Chief Executive Officer of the Corporation, 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 best of my 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 Corporation.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------



August 5, 2005



/s/ Brian MooreBrian MoorePresident and Chief Executive Officer




18
#### The PEOPLE of the State of Colorado, In the Interest of F. S. B., a/k/a F. S. G., a Child, Upon the Petition of W. J. Z., Director of Otero County Department of Social Services, Petitioner-Appellant, and Concerning F. D. G., Respondent-Appellee.

No. 81CA0429.

Colorado Court of Appeals, Div. III.

Dec. 31, 1981.

*269Mitchell & Mitchell, P. C., Michael T. Mitchell, Rocky Ford, for petitioner-appellant.

No appearance for respondent-appellee.

STERNBERG, Judge.

The Department of Social Services appeals the dismissal of a contempt citation. The trial court found, as a condition precedent to the contempt citation, that the Department must prove that the defendant had actual knowledge of the court order which had been violated. We agree with the trial court and, therefore, affirm.

On November 21, 1977, F. D. G. signed a stipulation under which F. D. G. was to pay $20 per month child support for his minor child until such child was emancipated or reached the age of 18. In that document F. D. G. accepted service of process, waived his right to a hearing, and consented to the entry of an order of support without further notice to him in the paternity action. On April 28, 1978, the court entered its findings, decree, and order of support incorporating the provisions of the stipulation. There was no evidence that F. D. G. ever received a copy of this order.

On March 13, 1981, a contempt citation was issued ordering F. D. G. to appear and show cause why he should riot be held in contempt of court for failure to comply with the court order of April 28, 1978. F. D. G. was personally served with the contempt citation on March 19,1981. The contempt citation was heard on April 3, 1981.

At that time, the court found that even though F. D. G. knew of his obligation to pay child support, he had not received a copy of the court order directing such payment. Since the Department could not prove that F. D. G. had actual knowledge of that court order, the trial court concluded that the issuance of the contempt citation overstepped the bounds of due process.

The Department contends that F. D. G. waived his right to any notice of the order of support in the stipulation. The trial court discerned a distinction between waiving notice of hearing and entry of an order, and waiving the right to knowledge of the actual entry of the order. This distinction is important.

Proceedings in contempt must accord with the tenets of due process. *Austin v. City & County of Denver,*156 Colo. 180, 397 P.2d 743 (1964); *In re Marriage of Peper,*38 Colo.App. 177, 554 P.2d 727 (1976). Hence, we hold that a contempt proceeding is fatally defective unless it is shown that the contemnor had actual notice or knowledge of the existence of the order at the time he is claimed to have violated it. *Knox v. Knox,*517 P.2d 1350 (Colo.App.1974) (not selected for official publication). Thus, since there was no evidence that F. D. G. had been notified of the entry of the court order, the trial court properly refused to find him in contempt.

Judgment affirmed.

KIRSHBAUM and TURSI, JJ., concur.