alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: January 29, 2015 1 05917

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER ROBERT R. KLEIN III, Appellant.

________________________________ Calendar Date: November 21, 2014 Before: McCarthy, J.P., Garry, Lynch, Devine and Clark, JJ.

__________ Abbie Goldbas, Utica, for appellant, and appellant pro se. Mark D. Suben, District Attorney, Cortland (Kenneth H. Tyler of counsel), for respondent.

__________ Clark, J. Appeal from a judgment of the County Court of Cortland County (Campbell, J.), rendered November 15, 2012, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree. In satisfaction of a five-count indictment, defendant pleaded guilty to attempted burglary in the third degree and waived his right to appeal. Under the terms of the plea agreement, he was to be sentenced as a second felony offender to 11⁄2 to 3 years in prison. He was advised that, if he did not appear for sentencing and lacked a legitimate excuse for his absence, he could be sentenced in absentia to 2 to 4 years in prison. County Court adjourned sentencing twice. Thereafter, defense counsel made two more requests for adjournments, the-2- 105917

first of which was based on defendant's need to resolve pending legal matters and the second of which was based on him having left Cortland County for work and having no ability to return. County Court denied those requests and, when defendant did not appear, sentenced him in absentia to 2 to 4 years in prison. Defendant now appeals. We affirm. Defendant argues that County Court abused its discretion in sentencing him in absentia to an enhanced sentence, a claim that survives defendant's appeal waiver (see People v Brown, 101 AD3d 1267, 1268 [2012], lv denied 21 NY3d 1014 [2013], cert denied US , 134 S Ct 938 [2014]; People v Hall, 78 AD3d 1328, 1328 [2010]). Turning to the merits, defendant waived his right to be present at sentencing when he failed to appear, despite having been warned of the potential consequences of doing so (see People v Brown, 101 AD3d at 1268; People v Haran, 72 AD3d 1289, 1289-1290 [2010]). County Court then considered the proffered reason for defendant's absence and found it to be unpersuasive. Under the circumstances of this case, we cannot say that County Court abused its discretion by sentencing defendant in absentia to an enhanced sentence (see People v Brown, 101 AD3d at 1268; People v Haran, 72 AD3d at 1289-1290; People v Torra, 8 AD3d 751, 751-752 [2004]). McCarthy, J.P., Garry, Lynch and Devine, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court
Exhibit 23
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 We consent to the incorporation by reference in the following Registration Statements:
 (1) Registration Statement (Form S-8 No. 333-136985) pertaining to the FBL Financial Group, Inc. 2006 Class A Common Stock Compensation Plan,
 (2) Registration Statement (Form S-8 No. 333-108161) pertaining to the Amended and Restated FBL Financial Group, Inc. 1996 Class A Common Stock Compensation Plan,
 (3) Registration Statement (Form S-8 No. 333-108151and No. 333-159430) pertaining to the Farm Bureau 401(k) Savings Plan,
 (4) Registration Statement (Form S-8 No. 333-108152 and No. 333-159431) pertaining to the FBL Financial Group, Inc. Director Compensation Plan,
 (5) Registration Statement (Form S-3 No. 333-159429) pertaining to the Share Direct and Direct Equity (Waiver) Stock Purchase Plan,
 (6) Registration Statement (Form S-8 No. 333-125227) pertaining to the Executive Deferred Salary Bonus Compensation Plan,
 (7) Registration Statement (Form S-4 No. 333-141949) pertaining to the 5.875% Senior Note Exchange Offer,
 (8) Registration Statement (Form S-4 No. 333-115197) pertaining to the 5.85% Senior Note Exchange Offer, and
 (9)  Registration Statement (Form S-3, No. 333-161588) pertaining to shelf registration;
 of our reports dated February 18, 2010, with respect to the consolidated financial statements and schedules of FBL Financial Group, Inc. and the effectiveness of internal control over financial reporting of FBL Financial Group, Inc., included in this Annual Report (Form 10-K) for the year ended December 31, 2009.
 /s/ Ernst & Young LLP
 
 Des Moines, Iowa
 February 18, 2010
| EXHIBIT 99.2 |
|--------------|

| CERTIFICATION OF PERIODIC FINANACIAL REPORTS |
|----------------------------------------------|
| OF                                           |
| EXPRESSJET HOLDINGS, INC.                    |

I, Frederick S. Cromer, Vice President and Chief Financial Officer of ExpressJet Holdings, Inc., certify, pursuant to Section906 of the Sarbanes-Oxley Act of 2002 (subsections (2) and (b) of Section 1350, Chapter 63 of Title 18, United States code),that:
|       | (1)   | the Quarterly Report on Form 10-Q for the quarterly period ended March 31, 2003 (the “Periodic Report”) which thisstatement accompanies fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15U.S.C. 78m or 78o (d)) and |
|--------------------------------|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                | (2)   | information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results ofoperations of ExpressJet Holdings, Inc.                                                                                                                   |

This certificate is being furnished solely for purposes of Section 906 and is not being filed as part of the PeriodicReport.
|  Date:  April 23,2003                 |                             | **/s/ Frederick S.Cromer                          ** |
|--------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                   | Frederick S. Cromer Vice President and Chief Financial Officer |

A signed original of this written statement required by Section 906 has been provided to ExpressJet Holdings, Inc. and will beretained by ExpressJet Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 3.82
 AMENDED AND RESTATED OPERATING AGREEMENT
OF
MCDASH ANALYTICS, LLC
  Name
 Purpose
 Registered Agent and Registered Office
 Members
 Limited Liability
 Capital Account; Profits and Losses
 Distributions
 Management
 Officers
 Exculpation and Indemnification




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##### 



provided however
 Dissolution
 Liquidation Upon Dissolution
 Miscellaneous
  -2-




---



##### 



Sole Member:

BAM HOLDING LLCBy:
    /s/ James L. JadlosJames L. Jadlos, its Manager -3-
UNITED STATES CO URT OF APPEALS

FOR THE TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. GILDARDO CABELLO-ALFARO, Defendant-Appellant. No. 13-3041 (D.C. No. 5:11-CR-40045-JAR-6) (D. Kan.)

ORDER AND JUDGMENT *

Before TYMKOVICH , EBEL , and HOLMES , Circuit Judges.

Gildardo Cabello-Alfaro pled guilty to one count of unlawful use of a communication facility to fa cilitate the distribution of methamphetamine. He was sentenced to forty-eight months’ imprisonmen t, the statutory maxi mum for his crime. Mr. Cabello-Alfaro’s plea agr eement contained a waiver of his right to appeal from his conviction or sentence. In spite of th is waiver, Mr. Cabello-Alfaro filed a notice

* This panel has determined that oral ar gument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctr ines of law of the case, res judicata, and collateral estoppel. It ma y be cited, however, for its persuasive value consistent with Fed. R. App. P. 32. 1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### June 24, 2013

Elisabeth A. Shumaker Clerk of Court- 2 - of appeal seeking to challenge his senten ce. The government has moved to enforce the appeal waiver pursuant to United States v. Hahn , 359 F.3d 1315 (10th Cir. 2004) (per curiam). When reviewing a motion to enforce, we consider “(1) whether the disputed appeal falls within the scope of the waiver of appella te rights; (2) whether the defendant knowingly and voluntarily waived his appellate rights; and (3) whether enforcing the waiver would result in a miscarriage of justice.” Id . at 1325.

Mr. Cabello-Alfaro’s counsel submitted a response in op position to the government’s motion, but she has not addressed the Hahn factors. Instead, she requests that we deny the motion because of Mr. Cabello-A lfaro’s belief that his sentence is “excessive.” Resp. at 2. Counsel admits, however, that the sentence was “below his guideline range and was significantly less than the original statutory mandatory

minimum of 120 months that Mr. Cabello-Alfaro was originally charged with.” Id

. Counsel does not dispute that the appeal fa lls within the appella te waiver or that Mr. Cabello-Alfaro knowingly and voluntarily waived his right to appeal. Likewise,

counsel does not contend th at enforcing the appellate waiver would result in a miscarriage of justice. Accordingly, we conclude that the Hahn factors support the government’s position. We therefore grant the motion to en force the appeal waiver and dismiss this appeal.

Entered for the Court Per Curiam
[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Rules and Regulations]
[Page 5768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01924]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301


Procedure and Administration

CFR Correction

    This rule is being published by the Office of the Federal Register 
to correct an editorial or technical error that appeared in the most 
recent annual revision of the Code of Federal Regulations.

0
In Title 26 of the Code of Federal Regulations, Parts 300 to 499, 
revised as of April 1, 2023, amend section 301.6721-1 by reinstating 
paragraph (b)(6) to read as follows:


Sec.  301.6721-1  Failure to file correct information returns.

* * * * *
    (b) * * *
    (6) Application to returns not due on February 28, or March 15. For 
returns that are not due on February 28 or March 15 (for example, Forms 
8300 reporting certain cash payments of $10,000 or more), the penalty 
is $15 if the failure is corrected within 30 days. If the failure is 
corrected after 30 days, the penalty is $50 rather than $30. There is 
no period during which the penalty is reduced to $30 under paragraph 
(b)(2) of this section.
* * * * *
[FR Doc. 2024-01924 Filed 1-29-24; 8:45 am]
BILLING CODE 0099-10-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Albert Manning SCOTT, Sr., Defendant-Appellant.

No. 02-7734.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 30, 2003.

Decided Feb. 5, 2003.

Albert Manning Scott, Sr., Appellant Pro Se. Richard Stanley Glaser, Jr., Office of the United States Attorney, Greensboro, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Albert Manning Scott, Sr., appeals the district court’s order adopting the magistrate judge’s recommendation to deny relief on Scott’s motion for reduction of sentence, 18 U.S.C. § 3582(c)(2) (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. *See United States v. Scott,*No. CR-89-186 (M.D.N.C. Oct. 21, 2002). 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.*
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, DC 20549
 FORM 8-K
 CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
 Date of report (Date of earliest event reported): April 17, 2009
 Shopoff Properties Trust, Inc.
 
  Maryland
 
  333-139042
    
    20-5882165(Commission File Number)
    
    (IRS Employer Identification No.)8951 Research Drive, Irvine, California
    
    92618(Address of Principal Executive Offices)
    
    (Zip Code)
 (877) 874-7348
 
  Not applicable
 
 see
 o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))




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TABLE OF CONTENTS  Item 9.01. Financial Statements and ExhibitsSIGNATUREEXHIBIT INDEXEX-10.1    Table of Contents  1.01. Entry into a Material Definitive Agreement




---



##### Table of Contents



Item 9.01. Financial Statements and Exhibits.
 (d) Exhibits
 Exhibit No.
    
    Description10.1
    
    Purchase and Sale Agreement and Joint Escrow Instructions by and between SPT
Lake Elsinore Holding Co. and MS Rialto Wasson Canyon CA, LLC, dated April
17, 2009.




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##### Table of Contents



SIGNATURE
  SHOPOFF PROPERTIES TRUST, INC.Date: April 23, 2009By:
    
    /s/ William A. Shopoff

William A. ShopoffPresident, Chief Executive Officer and Chairmanof the Board of Directors




---



##### Table of Contents



Exhibit No.
    
    Description10.1
    
    Purchase and Sale Agreement and Joint Escrow Instructions by and between SPT
Lake Elsinore Holding Co. and MS Rialto Wasson Canyon CA, LLC, dated April
17, 2009.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2072 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 2072

To amend the Internal Revenue Code of 1986 to eliminate the requirement 
  that States pay unemployment compensation on the basis of services 
                     performed by election workers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 13, 1996

   Mr. Grams 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 eliminate the requirement 
  that States pay unemployment compensation on the basis of services 
                     performed by election workers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) paragraph (3) 
of section 3309(b) of the Internal Revenue Code of 1986 (relating to 
exception for certain services) is amended by striking ``or'' at the 
end of subparagraph (D), by adding ``or'' at the end of subparagraph 
(E), and by inserting after subparagraph (E) the following new 
subparagraph:
                    ``(F) an election official or election worker if 
                the amount of remuneration reasonably expected to be 
                received by the individual during the calendar year for 
                services as an election official or election worker is 
                less than--
                            ``(i) $1,000 with respect to service 
                        performed during any calendar year ending on or 
                        before December 31, 1999; and
                            ``(ii) the adjusted amount determined under 
                        section 218(c)(8)(B) of the Social Security Act 
                        with respect to service performed during any 
                        calendar year commencing on or after January 1, 
                        2000.''
    (b) The amendment made by subsection (a) shall apply to services 
performed in calendar years commencing after December 31, 1995.
                                 <all>
```
Exhibit








February 22, 2017




Dear Chuck,


LifeVantage Corporation (the “Company”), is pleased to offer you a position as Chief Operating Officer reporting directly to our President and Chief Executive Officer. We trust that your knowledge, skills and experience will be among our most valuable assets.  


		
	•
	Salary:  Annual gross starting salary of $320,000 paid in installments by direct deposit.  


		
	•
	Performance Bonuses:  Subject to approval by the Board of Directors each fiscal year and beginning in FY18, participation in the Employee Bonus Plan at the Executive level with a target bonus of 50% of your annual base pay.


		
	•
	Equity:  Upon approval of the Board of Directors, an equity grant in the amount of 4,000 restricted stock units vesting over two years. After the initial new hire grant, participation annually in the executive equity plan beginning in FY18.


		
	•
	Benefits: Executive benefits as described in the attached Key Executive Benefits Agreement.


		
	•
	Moving Expenses: The Company will assist you with relocation expenses:


		
	o
	Moving costs as outlined in the relocation package with receipts;


		
	o
	Closing costs on your home in Idaho and on a new home in Utah; and 


		
	o
	Temporary living expenses up to 90 days.






To accept this job offer:  Sign and date this job offer letter where indicated below.


If you accept this job offer, your hire date will be no later than April 1, 2017, as we would very much like you to be part of our strategic planning effort and participate in our upcoming global convention.


Please be aware that this offer of employment is contingent upon your being able to obtain a waiver for your non-compete, a drug screening and background check. LifeVantage is strongly committed to maintaining a drug-free workplace, and providing a safe and productive work environment for you. To maintain this environment, LifeVantage requires all new employees to pass a drug-screening test as a condition of employment, the results of which remain confidential. Upon your acceptance, please contact me to set up a convenient time for your screening.  
   


	
		
	Sincerely,








Michelle Oborn
Vice President Human Resources
	Agreed to and accepted this ___ day of February, 2015.








Chuck Wach
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6460

TROY JORDAN,

Petitioner - Appellant,

v.

JAMES V. BEALE, Warden, Deerfield Correctional Center; 

FEDERAL BUREAU OF PRISONS,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Henry Coke Morgan, Jr.,

Senior District Judge. (2:14-cv-00614-HCM-DEM)

Submitted: September 26, 2016 Decided: October 3, 2016

Before NIEMEYER, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Troy Jordan, Appellant Pro Se. George Maralan Kelley, III, 

Assistant United States Attorney, Norfolk, Virginia, for 

Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Troy Jordan appeals the district court’s order accepting 

the recommendation of the magistrate judge and denying relief on 

his 28 U.S.C. § 2241 (2012) petition. We have reviewed the 

record and find no reversible error. Accordingly, although we 

grant leave to proceed in forma pauperis, we affirm for the 

reasons stated by the district court. Jordan v. Beale, No. 

2:14-cv-00614-HCM-DEM (E.D. Va. Jan. 20, 2016). 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.

AFFIRMED
##### 



Exhibit 32.2
 Certification of the Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (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.
 Dated: January 9, 2006
    
    /s/ Michael G. McGrathMichael G. McGrathChief Financial Officer of Accenture Ltd,General Partner of Accenture SCA(principal financial officer)
 A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed form
within the electronic version of this written statement required by Section 906, has been provided
to the Company and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit 10.7



TERMINATION AGREEMENT



THIS TERMINATION AGREEMENT(the Agreement) is made and entered into effective as of October 10, 2005, by and between MCKENZIE BAY INTERNATIONAL, LTD.,a Delaware corporation(theCompany), and CORNELL CAPITAL PARTNERS, LP, a Delaware limited partnership (the Investor).



Recitals:



WHEREAS,the Company and the Investor entered into an standby equity distribution agreement dated as of April 6, 2004 (the Standby Equity Distribution Agreement); a registration rights agreement dated as of April 6, 2004 (the Registration  Rights Agreement) and an escrow agreement dated as of April 6, 2004 (the Escrow Agreement).  (Collectively, the Standby Equity Distribution Agreement, the Registration Rights Agreement, and the Escrow Agreement are referred to as the Transaction Documents.



NOW, THEREFORE,in consideration of the promises and the mutual promises, conditions and covenants contained herein and in the Transaction Documents and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:



1.

Termination.  Each of the parties to this Agreement hereby terminate the Transaction Documents and the respective rights and obligations contained therein.  As a result of this provision, none of the parties shall have any rights or obligations under or with respect to the Transaction Documents.





IN WITNESS WHEREOF, the parties have signed and delivered this Termination Agreement on the date first set forth above.



| |                                 
| | --------------------------------
| | MCKENZIE BAY INTERNATIONAL, LTD.
| |                                 
| | By:
/s/
Gregory N. Bakeman      
| | Name:
Gregory N. Bakeman        
| | Title:
Chief Financial Officer  
| |                                 
| | CORNELL CAPITAL PARTNERS, LP    
| |                                 
| | By: Yorkville Advisors, LLC     
| | Its: General Partner            
| |                                 
| | By:
/s/ Mark A. Angelo          
| | Name:
Mark A. Angelo            

| |                         
| | ------------------------
| | Title:
Portfolio Manager