alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Procopio BADALAMENTI, Appellant, v. UNITED STATES of America.

No. 11369.

Circuit Court of Appeals, Eighth Circuit.

April 21, 1939.

Joseph Catanzaro, of St. Louis, Mo., for appellant.

Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Arthur A. Haplce, Asst. U. S. Atty., of St. Louis, Mo.

PER CURIAM.

Appeal dismissed for want of prosecution, on motion of appellee and consent of appellant; appellant ordered to surrender to custody.
* Pursuant to 5 TH C IR . 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-10286 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ANTHONY HARRISON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CR-136-A

- - - - - - - - - - October 22, 1997 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * Anthony Harrison appeals the sentence imposed following entry of his guilty plea to a superseding indictment charging him with distribution of cocaine base. Harrison contends that the district court erred in refusing to sentence him under U.S.S.G. § 5C1.2. Because application of that section requires a finding that no weapon was possessed in connection with the offense and because the district court did not clearly err in determining that Harrison had possessed a firearm in connection with theNo. 97-10286 -2- offense, we hold that the district court properly refused to sentence Harrison under the safety-valve provision of § 5C1.2.
See United States v. Flucas , 99 F.3d 177, 178-79 (5th Cir. 1996), cert. denied , 117 S. Ct. 1097 (1997); see also Wright v. United
States , 113 F.3d 133, 135 (8th Cir. 1997). Harrison also argues that the district court erred in refusing to depart downward from the guideline imprisonment range because of Harrison’s youth and family responsibilities. “The imposition of a lawful sentence coupled with the decision not to depart from the guidelines provides no ground for relief.” United States v. DiMarco , 46 F.3d 476, 477 (5th Cir. 1995). This court lacks jurisdiction to review a defendant’s challenge to his sentence based on mere dissatisfaction with the court’s refusal to grant a downward departure, unless the court’s refusal was the result of a violation of law or a misapplication of the Guidelines. Id. A refusal to depart is a violation of law if the court mistakenly assumed that it lacked the authority to depart. United States v. Burleson , 22 F.3d 93, 95 (5th Cir. 1994). Because there is no indication that the district court misapprehended its authority to reduce Harrison’s sentence, the district court’s refusal to grant the motion for downward departure is not reviewable by this court. The sentence is
AFFIRMED.
```

[Congressional Record Volume 158, Number 124 (Friday, September 14, 2012)]
[Extensions of Remarks]
[Page E1543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                     HONORING BOB BROWN OF MISSOURI

                                 ______
                                 

                            HON. BILLY LONG

                              of missouri

                    in the house of representatives

                       Friday, September 14, 2012

  Mr. LONG. Mr. Speaker, I rise today to recognize Bob Brown, a 
legendary high school basketball coach in the state of Missouri, 
veteran, and member of the 2012 Springfield Area Sports Hall of Fame 
induction class.
  With 672 career victories and 12 playoff appearances to his name, 
Bob's impressive track record has earned him quite a distinguished 
reputation in both the sports arena and in the community.
  His remarkable career began at Richland High and concluded at 
Springfield Catholic. He amassed 367 victories and a state runner-up 
title in 1966 with the famed ``Jolly Green Giants'', who were 27-1 that 
season, during his 20-year tenure at Parkview. Bob even had the 
opportunity to coach his son, Bill Brown, at Parkview.
  During his coaching career Bob won a state championship at Bolivar in 
1960, runner-up with Parkview in 1966, and third place with Richland in 
1956 and Parkview in 1981.
  In addition to his exemplary coaching career, Bob is a veteran of the 
Missouri National Guard. Beginning in 1956 he served 32 years until 
ending his career as a full Colonel in 1988. During this period he 
served as Chief of Plans and Operations at Headquarters Stark, as 
Commandant of the Missouri Military Academy, and Commander of the 
Medical Battalion.
  Mr. Speaker, Bob Brown's contributions to our community are far-
reaching and the lives he has affected are uncountable, and it is an 
honor to recognize him.

                          ____________________
```
```

[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[Senate]
[Pages S6466-S6467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

 SENATE RESOLUTION 567--HONORING THE LIFE AND CAREER OF GEORGE HICKMAN

  Ms. CANTWELL (for herself and Mrs. Murray) submitted the following 
resolution; which was considered and agreed to:

                              S. Res. 567

       Whereas George Hickman was renowned as a Tuskegee Airman, a 
     treasured leader in the Seattle community, and the lucky 
     charm of Seattle sports until his passing on August 19, 2012, 
     at the age of 88;
       Whereas George Hickman leaves behind a loving wife of 57 
     years, Doris, 4 children, Regina, Sherie, Vincent, and 
     Shauneil, 3 grandchildren, and 1 great-grandchild;
       Whereas George Hickman served as a Tuskegee Airman and was 
     one of the first African-American fighter pilots trained for 
     World War II;
       Whereas George Hickman served in the United States Army Air 
     Corps from 1943 to 1945;
       Whereas the honorable service of George Hickman and the 
     other Tuskegee Airmen directly led to the desegregation of 
     the Armed Forces of the United States;
       Whereas George Hickman received the Congressional Gold 
     Medal in 2007 with his fellow Tuskegee Airmen;
       Whereas George Hickman was a special guest along with 
     nearly 200 other Tuskegee Airmen at the 2009 inauguration of 
     President Barack Obama;
       Whereas George Hickman worked as a B-52 engineer for Boeing 
     from 1955 until his retirement in 1984;

[[Page S6467]]

       Whereas George Hickman was a beloved usher at University of 
     Washington athletic events for more than 40 years; and
       Whereas George Hickman also was a fan favorite as an usher 
     at Seattle Seahawks games for nearly a decade: Now, 
     therefore, be it
       Resolved, That the Senate--
       (1) commends the long and loving life of George Hickman, 
     his service to the United States as a Tuskegee Airman, and 
     his role as an aviation pioneer;
       (2) recognizes the service George Hickman performed for his 
     country and his significance as a role model for African-
     American military pilots;
       (3) recognizes the contributions of the greatest generation 
     who fought for the freedoms of the people of the United 
     States; and
       (4) respectfully requests that the Secretary of the Senate 
     transmit an enrolled copy of this resolution for appropriate 
     display to Doris Hickman, the University of Washington 
     Athletic Department, and the Seattle Seahawks organization.

                          ____________________
```
Exhibit 32.3

Certification of Chief Accounting Officer

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-Q for the quarter ended March 31, 2011(the Report) of MCG
Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Linda A. Nimmons, the Chief Accounting Officer of the Registrant, hereby certify, to the best of my knowledge,
pursuant to 18 U.S.C. Section 1350 that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



/s/    LINDA A. NIMMONSName:

Linda A. NimmonsTitle:

Chief Accounting OfficerDate

May 9, 2011
**EXHIBIT 23**

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in the Registration Statements: 

(1) Registration Statements (Form S-8 Nos. 333-132302, 333-122551, 333-112448, 333-103228, 333-81396, 333-33338, 333-51117, and 333-06301) pertaining to the 1993 Stock Option/Stock Issuance Plan ofUltratech, Inc., 

(2) Registration Statements (Form S-8 Nos. 333-83954 and 333-43952) pertaining to theSupplemental Stock Option/ Stock Issuance Plan of Ultratech, Inc., 

(3) Registration Statement (Form S-8No. 333-93653) pertaining to the 1998 Supplemental Stock Option/ Stock Issuance Plan of Ultratech, Inc., 

(4) Registration Statement (Form S-8 No. 333-85161) pertaining to the 1993 Stock Option/ Stock Issuance Plan, 1998 Supplemental Stock Option/ Stock Issuance Plan, and Employee Stock Purchase Plan of Ultratech, Inc., and 

(5) Registration Statement (Form S-8 No. 333-33197) pertaining to the 1993 Stock Option/ Stock Issuance Plan andEmployee Stock Purchase Plan of Ultratech, Inc.; 

of Ultratech, Inc. of our reports dated March 1, 2010, with respect to theconsolidated financial statements and schedule of Ultratech, Inc., and the effectiveness of internal control over financial reporting of Ultratech, Inc. included in this Annual Report (Form 10-K) for the year ended December 31, 2009.

/s/ ERNST & YOUNG LLP 

San Jose, California 

March 1,2010
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the Company's
Balance Sheet and Statement of Operations and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996<F1>
<PERIOD-END>                               DEC-31-1996
<CASH>                                      39,450,000
<SECURITIES>                                         0
<RECEIVABLES>                               53,973,000
<ALLOWANCES>                                   925,000
<INVENTORY>                                 64,684,000
<CURRENT-ASSETS>                           166,942,000
<PP&E>                                     147,912,000
<DEPRECIATION>                              98,588,000
<TOTAL-ASSETS>                             270,877,000
<CURRENT-LIABILITIES>                       56,854,000
<BONDS>                                    123,185,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          6
<COMMON>                                         1,000
<OTHER-SE>                                  79,709,994
<TOTAL-LIABILITY-AND-EQUITY>               270,877,000
<SALES>                                    286,375,000
<TOTAL-REVENUES>                           479,904,000
<CGS>                                      226,534,000
<TOTAL-COSTS>                              288,792,000
<OTHER-EXPENSES>                            63,798,000
<LOSS-PROVISION>                               158,000
<INTEREST-EXPENSE>                          15,756,000
<INCOME-PRETAX>                            130,414,000
<INCOME-TAX>                                57,009,000
<INCOME-CONTINUING>                         73,405,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              (557,000)
<CHANGES>                                            0
<NET-INCOME>                                72,848,000
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
<FN>
<F1>Total revenues include amounts from airbag royalties litigation settlement.
        

</TABLE>
**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 Beard Company’s (the “Company”) Report on Form 10-K for the period ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William M. Beard, Chairman of the Board and Chief Executive Officer of the Company, 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, as amended; and |
|----|-----------------------------------------------------------------------------------------------------------------------------------|

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

 

|                  |                                                                                                           |
|-----------------------|----------------------------------------------------------------------------------------------------------------|
| Date:  April 14, 2008 | By:  /s/ William M. Beard

William M. BeardChairman of the Board and    Chief Executive Officer |
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                         95,883
<SECURITIES>                                   0
<RECEIVABLES>                                  651,772
<ALLOWANCES>                                   303,074
<INVENTORY>                                    27,274
<CURRENT-ASSETS>                               463,391
<PP&E>                                         520,428
<DEPRECIATION>                                 258,627
<TOTAL-ASSETS>                                 769,393
<CURRENT-LIABILITIES>                          907,264
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       33,823
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   769,393
<SALES>                                        2,244,015
<TOTAL-REVENUES>                               2,244,015
<CGS>                                          347,842
<TOTAL-COSTS>                                  2,599,644
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               256,203
<INTEREST-EXPENSE>                             20,464
<INCOME-PRETAX>                                (697,353)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (697,353)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (697,353)
<EPS-PRIMARY>                                  (.21)
<EPS-DILUTED>                                  (.21)
        



</TABLE>
```

[Congressional Record Volume 158, Number 125 (Monday, September 17, 2012)]
[Senate]
[Page S6391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

             H O U S E  O F  R E P R E S E N T A T I V E S

Vol. 158

WASHINGTON, MONDAY, SEPTEMBER 17, 2012

No. 125
```
```

[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[House]
[Page H6000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. BRALEY of Iowa:
       H.R. 6396.
       Congress has the power to enact this legislation pursuant 
     to the following:
       This bill is enacted pursuant to the power granted to 
     Congress under Article I, Section 8, Clause 18 of the United 
     States Constitution.
```
----

----

|   |  (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      Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                         | IVI      COMMUNICATIONS, INC. |                             |
|------------------------------|-------------------------------|----------------------------------|
|                         |                          |                             |   |
| Date:      February 14, 2008 | By:                           | /s/ Charles      Roodenburg |   |
|                         |                          | Charles      Roodenburg          |   |
|                         |                          | Chief      Executive Officer     |   |
|                         |                          | Chief      Financial Officer     |   |
<PAGE>   1

                                                                    EXHIBIT 21.1

                           PAIRGAIN TECHNOLOGIES, INC.

                              LIST OF SUBSIDIARIES

                                                      STATE OR JURISDICTION
     NAME OF LEGAL ENTITY                               OF INCORPORATION
     --------------------                             ---------------------

PairGain Services Group, Inc.                         Delaware
PairGain Canada Holdings Inc.                         Canada
PairGain Canada, Inc.                                 Canada
PairGain International Sales Corp.                    U. S. Virgin Islands
PairGain Technologies AG                              Switzerland
PairGain Wallingford Design Center, Inc.              Delaware
PairGain do Brasil Ltda.                              Brazil
PairGain Technologies UK Ltd.                         United Kingdom


All are wholly-owned subsidiaries of PairGain Technologies, Inc.



                                      E-1
Termination Agreement - Slav Stein



 






EXHIBIT 10.1




TERMINATION AGREEMENT




     This Termination Agreement (“Agreement”) is made and entered into as of the 31st
day of March, 2005 (“Effective Date”), by and between AESP, Inc., f/k/a Advanced Electronic Support
Products, Inc. (“AESP”), a Florida corporation, and Slav Stein (“Stein”).



     WHEREAS, AESP and Stein are parties to that certain Employment Agreement, dated February 19,
1997 (“Employment Agreement”); and



     WHEREAS, AESP and Stein have agreed that the Employment Agreement shall be terminated
effective as of the Effective Date; and



     WHEREAS, notwithstanding the termination of the Employment Agreement, Stein shall continue as
an at-will employee of AESP following the Effective Date.



     NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows:




	1.  	The Employment Agreement is hereby terminated, effective as of the Effective Date. As of such
date, the parties hereby release each other from any and all obligations under the Employment
Agreement.






	2.  	Notwithstanding the termination of the Employment Agreement pursuant to this Agreement,
following the Effective Date Stein shall continue to serve as an at-will employee of AESP. In
that regard, and subject to such future determinations with respect to Stein’s compensation as
may be made by the Board of Directors of AESP, Stein shall continue to earn his current annual
base salary of $198,000 per annum, shall continue to receive an automobile allowance of $500
per month and shall continue to participate in the benefit plans of the Company in which he
currently participates. Further, notwithstanding the termination of the Employment Agreement,
Stein shall continue to hold the Company stock options that he currently holds, all in
accordance with the terms of the agreements with respect to such options.






	3.  	Notwithstanding the termination of the Employment Agreement pursuant to this Agreement,
following the Effective Date, AESP shall continue to indemnify Stein with respect to his
actions as an officer and director of AESP to the fullest extent provided by law, as more
particularly set forth in AESP’s articles of incorporation and by-laws.






	4.  	This Agreement contains the entire understanding of the parties in respect of its subject
matter and supersedes all prior agreements and understandings (oral or written) between or
among the parties with respect to such subject matter.






	5.  	The rights and obligations of this Agreement shall bind and inure to the benefit of the
parties and their respective successors and assigns.




 









 











     IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.


	 	 	 	 	 
	 	 	 
	 	                                         /s/ Slav Stein
 	 
	 	Slav Stein 	 
	 	 	 
	 



	 	 	 	 	 
	 	AESP, INC., a Florida corporation

 	 
	 	BY: /s/ John F. Wilkens
 	 
	 	Name (print):  John F. Wilkens
 	 
	 	Title:  	Chief Financial Officer
November 2, 2015

U.S. Department of Transportation

Docket Management System

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington D.C., 20590

Reference: Amendment to Measure’s Exemption No. 12646 Regulatory Docket No. FAA–2015–

1602 to include additional UAS (Unmanned Aircraft Systems).

Dear Sir or Madam,

Measure was issued exemption, no. 12646 (hereinafter referred to as the exemption) for 

operation in the national airspace. Measure, hereby requests an amendment to the exemption

to allow additional Unmanned Aircraft Systems (UAS) with no changes in the conditions and 

reasons relative to public interest and safety that were the basis for the FAA granting the 

original exemption. 

Measure wishes to operate the following additional UAS: 

 HorseFly (http://workhorse.com/wp-content/uploads/2015/09/HorseFly-Spec-Sheet.pdf)

 All UAS approved by the FAA on all Section 333 exemptions on and prior to November 2, 

2015.

Attached and submitted as confidential documents in a separate correspondence, is the flight 

operation manuals for the HorseFly. All other UAS have been previously approved on 

exemptions by the FAA, so no further documentation is needed. All operations of the additional 

UAS will be in full compliance with the terms of the exemption. As this is an amendment to the 

existing exemption requesting only the addition of other types of UAS, Measure respectfully 

submits that good cause exists so that the notice does not need to be published in the Federal 

Register for the requested amendment. 

Sincerely,

Brandon Torres Declet
Brandon Torres Declet

CEO & Co-Founder

Measure

Mobile: + 1 202 251 8266

Office: +1 202 793 3052

bdeclet@measure.aero

Twitter: @BTD75 @droneasaservice

measure.aero