alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2008 BOARD OF DIRECTORS  SPECIAL CASH DISTRIBUTION ELECTION FORM
 December 19, 2008
 First Name:
    
    Last Name:
    
    SSN:
  This Special Cash Distribution Election Form relates to the distribution of 2008 deferred
compensation under the Ingram Micro Inc. Board of Directors Deferred Compensation Plan (the Plan)
that would not otherwise be payable in 2008, provided that such election does not cause any amounts
to be paid in 2008 that would not otherwise be payable in 2008, in accordance with the applicable
provisions of Section 409A of the Internal Revenue Code and I.R.S. Notice 2005-1 (as extended by
I.R.S. Notice 2007-86). Capitalized terms used and not otherwise defined in this Special Cash
Distribution Election Form will have the meanings ascribed to those terms in the Plan.
  I elect the following distribution date and form of distribution payment for my
2008 compensation that I elected to defer under the Plan according to my 2008
Cash Deferral and Investment Election that is not otherwise payable in 2008;
provided that, this election shall not cause any amounts to be paid in 2008
that would not otherwise be payable in 2008.
 1. DISTRIBUTION DATE**:
 The last business day of the month in which occurs the 60th day following separation from service from the Board with the
Corporation, including death, disability or retirement.On January 31 of the calendar year following the year of separation from service from the Board with the Corporation, including
death, disability or retirement.The last business day of , or, if earlier, upon the last business day of
                          
                 Month            Year
the month in which occurs the 60th day following separation from service from the Board with the
Corporation, including death, disability or retirement.
 2. DISTRIBUTION PAYMENT OPTIONS**:
 Lump Sum Payment
    
    5 Annual Installments (5 years)
    
    20 Quarterly Installments (5 years)10 Annual Installments (10 years)
    
    40 Quarterly Installments (10 years)15 Annual Installments (15 years)
    
    60 Quarterly Installments (15 years)
 
 **
    
    If you do not make an election for the form of your distribution payment, the default form of
distribution will be lump sum commencing on the last business day of the month in which occurs the
60th day following your termination of service from the Board with the Company,
including death, disability or retirement. th
  B. BENEFICIARY DESIGNATION:
 Name
    
    Relationship
    
    Social Security Number
    
    Percentage
   Directors Signature
    
    
    
    Date
<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>                                         278,145
<SECURITIES>                                     1,000
<RECEIVABLES>                                   58,638
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               227,166
<PP&E>                                       9,158,347
<DEPRECIATION>                               2,238,408
<TOTAL-ASSETS>                               7,257,722
<CURRENT-LIABILITIES>                            8,826
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,671,386
<TOTAL-LIABILITY-AND-EQUITY>                 7,257,722
<SALES>                                              0
<TOTAL-REVENUES>                               173,718
<CGS>                                                0
<TOTAL-COSTS>                                   88,963
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 84,755
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             84,755
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    84,755
<EPS-PRIMARY>                                     1.77
<EPS-DILUTED>                                     1.77
        

</TABLE>
##### 



Exhibit 99.6 COMMENTS BY SHAREHOLDERS AUDITORS FOR U.S. READERS
ON CANADA  U.S. REPORTING DIFFERENCES In the United States, reporting standards for auditors require the addition of an explanatory
paragraph (following the opinion paragraph) when there is a change in accounting principles that
has a material effect on the comparability of the Companys consolidated financial statements, such
as the changes described in note 1 (b) to the consolidated financial statements. Our report to the
shareholders dated February 21, 2005 is expressed in accordance with Canadian reporting standards,
which do not require a reference to such a change in accounting principles in the auditors report
when the change is properly accounted for and adequately disclosed in the financial statements. /s/ KPMGllp
Chartered Accountants Toronto, Canada
February 21, 2005
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-6394

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ROY ALANZO RHYMER, III,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at 

Greensboro. William L. Osteen, Jr., District Judge. (1:19-cr-00427-WO-1)

Submitted: October 18, 2022 Decided: October 21, 2022

Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Roy Alanzo Rhymer, III, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-6394 Doc: 11 Filed: 10/21/2022 Pg: 1 of 2
2

PER CURIAM:

Roy Alanzo Rhymer, III, appeals the district court’s order denying his motion for 

compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A), as amended by the First Step 

Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194. We review the district court’s order for 

abuse of discretion. See United States v. Kibble, 992 F.3d 326, 329 (4th Cir.), cert. denied, 

142 S. Ct. 383 (2021). A district court abuses its discretion when it “acts arbitrarily or 

irrationally, . . . fails to consider judicially recognized factors constraining its exercise of 

discretion, . . . relies on erroneous factual or legal premises, or . . . commits an error of 

law.” United States v. High, 997 F.3d 181, 187 (4th Cir. 2021) (cleaned up). After 

reviewing the record in this case, we conclude that the district court did not abuse its 

discretion in weighing the 18 U.S.C. § 3553(a) factors and concluding they did not support 

granting Rhymer’s motion. Therefore, we affirm the district court’s order. 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

USCA4 Appeal: 22-6394 Doc: 11 Filed: 10/21/2022 Pg: 2 of 2
----

----

|   | (1) | the Company’s Quarterly Report on Form 10-Q for the period ended October 3, 2010 fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                               | APPLETON PAPERS INC. |
|------------------------------------|----------------------|
|                               |                 |   |
| Dated:  November 8, 2010 |                 | /s/ Thomas J. Ferree  |
|                               | Name:                | Thomas J. Ferree |
|                               | Title:               | Senior Vice President Finance, Chief Financial Officer and Treasurer |
#### Stacy L. EWELL, Plaintiff-Appellant, v. Ronald J. ANGELONE, Defendant-Appellee.

No. 02-7185.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 19, 2002.

Decided Jan. 30, 2003.

Stacy L. Ewell, Appellant Pro Se.

Before LUTTIG and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Vacated and remanded by unpublished PER CURIAM opinion.

OPINION

PER CURIAM.

Stacy L. Ewell, a Virginia prisoner, filed a habeas petition under 28 U.S.C. § 2254*183(2000), seeking immediate release from confinement. Ewell alleged in his § 2254 petition that his good conduct credits were improperly denied and calculated such that he should have been released from confinement in November 1999. The district court analyzed his claims under 42 U.S.C. § 1983 (2000) and dismissed the action for failure to state a claim under 28 U.S.C. § 1915A (2000).

The core of Ewell’s lawsuit is an attack on the length of his confinement. Such a claim sounds in habeas corpus, rather than § 1983. *See Preiser v. Rodriguez,*411 U.S. 475, 497-500, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973); *Todd v. Baskerville,*712 F.2d 70, 73 (4th Cir.1983). Accordingly, we vacate and remand for the district court to analyze Ewell’s claims in the context of a § 2254 petition consistent with this opinion. We decline to address any of Ewell’s habeas claims on the merits.

*VACATED AND REMANDED.*
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Election Commission

          - 11 CFR Parts 104 and 9036
          - [Notice 2024-04]

# AGENCY:

Federal Election Commission.

# ACTION:

Final rule; correction.

# SUMMARY:

                        The Federal Election Commission is correcting two amendatory instructions that appeared in a final rule published in the                         **Federal Register**                         on January 2, 2024. The final rule revised certain Commission regulations in light of technological advances in communications, recordkeeping, and financial transactions, and eliminated and updated regulatory references to outdated technologies.                    

# DATES:

Effective March 1, 2024.

# FOR FURTHER INFORMATION CONTACT:

Ms. Amy Rothstein, Assistant General Counsel, or Ms. Joanna S. Waldstreicher or Mr. Tony Buckley, Attorneys, 1050 First Street NE, Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

# SUPPLEMENTARY INFORMATION:

                    In FR Doc. 2023-27908 appearing on page 196 in the                     **Federal Register**                     of Tuesday, January 2, 2024, the following corrections are made:                

§ 104.3

1. On page 216, in the first column, correct instruction 42 to read “Amend § 104.3(e)(5) by removing the phrase “at the street address identified in the definition of “Commission” in § 1.2 of this chapter,”.” 

§ 9036.1

2. On page 221, in the second column, correct instruction 131.e., for § 9036.1, to read “In paragraph (b)(6), remove the words “full-sized photocopy” and add in their place the words “record that contains a complete image”; and”. 

Dated: January 24, 2024.

On behalf of the Commission.

Sean J. Cooksey,

Chairman, Federal Election Commission.

[FR Doc. 2024-01676 Filed 1-26-24; 8:45 am]

BILLING CODE 6715-01-P
Exhibit 31.1**CERTIFICATION OF CHIEF EXECUTIVE OFFICER****PURSUANT TO RULE 13A-15(e)/15d-15(e)**     I, John M. Meyer, certify that:     1. I have reviewed this quarterly report on Form 10-Q of PSF Group Holdings, Inc.;     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and have:          a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;          b) evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation: and          c) disclosed in this report any change in the registrants internal control overfinancial reporting that occurred during the registrants most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and     5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation, of internal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing the equivalentfunctions):          a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and          b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: August 9, 2005     /s/ John M. Meyer     John M Meyer  Chief Executive Officer  (Principal Executive Officer)
24
EXHIBIT 12

FIRST REPUBLIC PREFERRED CAPITAL CORPORATION

(A
Wholly Owned Subsidiary of Merrill Lynch Bank & Trust Co., FSB)

STATEMENT OF COMPUTATION OF

RATIOS OF EARNINGS TO FIXED CHARGES



|                                                  |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |  
|------------------------------------------------- |  | ----------------- | ----- | - | ---------------- | - | ----- | ------------- |  | - | ------------- | - |  | - | ------ | -
|                                                  |  | Three MonthsEnded |       |   | Nine MonthsEnded |  
|($ in thousands)                                  |  | Sept. 30,2009     |       |   | Sept. 26,2008    |   |       | Sept. 30,2009 |  |   | Sept. 26,2008 |  
|I.       Earnings:                                |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |  
|Net income                                        |  | $                 | 3,299 |   |                  | $ | 3,791 |               |  | $ | 10,641        |   |  | $ | 12,414 |  
|Fixed charges excluding preferred stock dividends |  |                   |      |   |                  |   |      |               |  |   |              |   |  |   |       |  
|                                                  |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |  
|Earnings before fixed charges                     |  | $                 | 3,299 |   |                  | $ | 3,791 |               |  | $ | 10,641        |   |  | $ | 12,414 |  
|                                                  |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |  
|II.     Fixed charges:                            |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |  
|Preferred stock dividends                         |  | $                 | 2,531 |   |                  | $ | 2,532 |               |  | $ | 7,650         |   |  | $ | 7,594  |  
|                                                  |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |  
|III.    Ratios of earnings to fixed charges       |  |                   | 1.30  | x |                  |   | 1.50  | x             |  |   | 1.39          | x |  |   | 1.63   | x
|                                                  |  |                   |       |   |                  |   |       |               |  |   |               |   |  |   |        |
##### 



EXHIBIT 23.1 Consent of Independent Registered Public Accounting Firm The Board of Directors
TIMCO Aviation Services, Inc. and subsidiaries: We consent to the incorporation by reference in the registration statement numbers 333-07021 on
Form S-8 and 333-51479-01 on Post-Effective Amendment No. 1 on Form S-8 to Form S-4 of TIMCO
Aviation Services, Inc. and subsidiaries of our report dated March 14, 2005, with respect to the
consolidated balance sheets of TIMCO Aviation Services, Inc. and subsidiaries as of December 31,
2004 and 2003, and the related consolidated statements of operations, stockholders deficit and
comprehensive income (loss) and cash flows for each of the years in the three-year period ended
December 31, 2004, and the financial statement schedule of valuation and qualifying accounts for
each of the years in the three-year period ended December 31, 2004, which report appears in the
December 31, 2004, annual report on Form 10-K of TIMCO Aviation Services, Inc. and subsidiaries. /s/ KPMG LLP Greensboro, North Carolina
March 28, 2005
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-4306

___________

United States of America, *

*

Appellee, *

*

v. * Appeal from the United States

* District Court for the

Richard Eugene Eddy, * District of Nebraska.

*

Appellant. * [UNPUBLISHED]

___________

 Submitted: January 4, 2001

 Filed: January 12, 2001

___________

Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges.

___________

PER CURIAM.

Richard Eddy pleaded guilty to causing a videotape of child pornography to be

mailed and delivered to him, in violation of 18 U.S.C. § 1461, and was sentenced to

fifty-two months imprisonment and three years supervised release. For the reasons

discussed below, we reject each of the arguments he raises on appeal, and we affirm.
1The Honorable Lyle E. Strom, United States District Judge for the District of

Nebraska.

-2-

First, Eddy argues that the district court1 erred in setting his base offense level

under U.S.S.G. § 2G2.2 rather than U.S.S.G. § 2G2.4. We disagree: the proper

Guideline was applied because Eddy received through the mail a videotape involving

the sexual exploitation of a minor.

Next, Eddy argues that his offense level should not have been increased by two

under U.S.S.G. § 2G2.2(b)(1) because there was insufficient evidence that the

videotape depicted a prepubescent minor or a minor under the age of twelve years. We

conclude that the district court--having personally viewed the videotape, and having

considered the affidavit of a pediatrician who opined that the girl was prepubescent and

younger than eleven--did not clearly err. See United States v. Marquardt, 949 F.2d

283, 286-87 (9th Cir. 1991) (per curiam) (district court did not clearly err in

determining that subject was prepubescent where postal inspector so opined, films were

furnished to court, and defendant did not present any evidence to contrary).

Finally, Eddy argues that the district court erroneously denied his entrapmentbased downward-departure motion. The matter is unreviewable, however, because the

court was aware of its authority to depart and discretionarily declined to do so. See

United States v. Turechek, 138 F.3d 1226, 1228 (8th Cir. 1998) (district court’s

discretionary decision not to depart downward from Guidelines is unreviewable so long

as court was aware of its authority to do so).

Accordingly, we affirm the judgment of the district court.
-3-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.