alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________ No. 95-10422 Summary Calendar

_____________________
UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ANTONIO MIRANDA, Defendant-Appellant.

_________________________________________________________________ Appeal from the United States District Court for the

Northern District of Texas USDC No. 3:94-CR-437-P

_________________________________________________________________ March 13, 1996 Before JOLLY, JONES, and STEWART, Circuit Judges.
PER CURIAM: * Antonio Miranda appeals his sentence in a conviction for possession of heroin with intent to distribute. He argues that the district court erred in declining to reduce his offense level by
three levels for acceptance of responsibility pursuant to U.S.S.G.
§ 3E1.1(b)(2). We have reviewed the record and find no reversible

error. The finding of the district court that Miranda did not timely notify the government of his intent to plead guilty is not clearly erroneous. See United States v. Tello , 9 F.3d 1119, 1122 (5th Cir. 1993).
A F F I R M E D.
Exhibit



Exhibit 10.17.1



AMENDMENT TO
AMENDED AND RESTATED 
EMPLOYMENT AGREEMENT
THIS AMENDMENT TO THE AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of March 6, 2017 (the “Amendment”), by and between Aerie Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and Richard Rubino (the “Executive”).
WHEREAS, the Company and the Executive previously entered into an employment agreement dated as of September 24, 2012, which was amended and restated effective as of December 18, 2013 (the “Employment Agreement”); and


WHEREAS, the Company and the Executive desire to amend the Employment Agreement as set forth in this Amendment.


NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valid consideration, the sufficiency of which is acknowledged, the parties hereto agree as follows:
		
	1.
	The Company and the Executive hereby agree to modify and amend Sections 9(c)(ii) and 9(c)(iv) of the Employment Agreement such that all references to “12 months” shall be deleted and replaced with “18 months”. 


		
	2.
	Section 9(c)(iii) of the Employment Agreement is hereby amended and restated in its entirety to read as follows:


“the Company shall pay Executive a Performance Bonus in an amount equal to 1.5 times the greater of (1) the target bonus for the applicable calendar year; and (2) the average of the Performance Bonus received by Executive for the two years immediately preceding termination.”
		
	3.
	For the sake of clarity, all other terms and conditions of the Employment Agreement other than as modified herein shall remain in full force and effect. 


		
	4.
	This Amendment may be executed by .pdf or facsimile signatures in any number of counterparts, each of which shall be deemed an original, but all such counterparts shall together constitute one and the same instrument.


[signature page follows]


1










IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.




	
	
	AERIE PHARMACEUTICALS, INC.

	 

	 

	/s/ Thomas Mitro

	By:  Thomas Mitro
Title: President and Chief Operating Officer

	 

	 

	EXECUTIVE



	/s/ Richard Rubino

	Richard Rubino
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6588

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTHONY GLENN SIMMONS, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CR-93-8-H, CA-97-22-2-1H) Submitted: June 18, 1998 Decided: July 9, 1998 Before MURNAGHAN and WILKINS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Anthony Glenn Simmons, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Simmons , Nos. CR-93-8-H; CA-92-22-2-1H (E.D.N.C. Jan. 22, 1998). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
1The Honorable David L. Piester, United States Magistrate Judge for the District

of Nebraska, to whom the case was referred for final disposition by consent of the

parties pursuant to 28 U.S.C. § 636(c).

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 98-4169NE

_____________

Marlin E. Jones, *

* On Appeal from the United

Appellant, * States District Court

* for the District of

v. * Nebraska.

*

Ideal Linen Supply, * [Not to be Published]

*

Appellee. *

___________

 Submitted: September 3, 1999

 Filed: September 15, 1999

___________

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

___________

PER CURIAM.

Marlin Jones appeals from the District Court’s1 order denying his motion to set

aside the verdict reached after a jury trial on his claim of age discrimination. After

careful review of the record and the parties’ submissions, we conclude that the District

Court properly treated the motion as one for a new trial, see Brown v. Royalty, 535

F.2d 1024, 1028 (8th Cir. 1976), and did not abuse its discretion in denying the
-2-

motion. Jones never specified how his counsel’s alleged misconduct prejudiced his

case, see Hofer v. Mack Trucks, Inc., 981 F.2d 377, 385 (8th Cir. 1992) (misconduct

is prejudicial if it affects movant’s substantial rights or unduly taints proceedings);

Dabney v. Montgomery Ward & Co., 761 F.2d 494, 500 (8th Cir.) (standard of

review), cert. denied, 474 U.S. 904 (1985).

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
A  C  I ARMANDO C. IBARRA
                  CERTIFIED PUBLIC ACCOUNTANTS
                   A PROFESSIONAL CORPORATION



Armando C. Ibarra, C.P.A.
Members of the California Society of Certified Public Accountants
Registered with the Public Company Accounting Oversight Board


January 12, 2006



To Whom It May Concern:


The  firm  of  Armando C. Ibarra, Certified Public Accountants, consents to the
inclusion of our  report  of  December  16,  2005,  on  the  audited  financial
statements  of  Valcom  Studios,  Inc. as of September 30, 2005, in any filings
that are necessary now or in the near  future  with  the  U.S.  Securities  and
Exchange Commission or other regulatory agency.




Very truly yours,


/s/ ARMANDO C. IBARRA, C.P.A.
-----------------------------
    ARMANDO C. IBARRA, C.P.A.


                     371 E. STREET, CHULA VISTA, CA 91910
                              TEL: (619) 422-1348
                              FAX: (619) 422-1465
Blueprint





 







Exhibit 10.1

 



AMENDMENT TO THE RELM WIRELESS CORPORATION



2007 INCENTIVE COMPENSATION PLAN

 


This Amendment (this “Amendment”)
to the RELM Wireless Corporation 2007 Incentive Compensation Plan
(the “Plan”)
is adopted and approved as of March 17, 2017 (the
“Effective
Date”) by the Board of
Directors (the “Board”)
of RELM Wireless Corporation, a Nevada corporation (the
“Company”).
Capitalized terms used herein and not otherwise defined shall have
the meanings ascribed to such terms in the
Plan.

 


WHEREAS,
the Company maintains the Plan to provide for certain equity
incentive compensation awards to employees, officers, directors and
other persons who provide services to the Company and Related
Entities;

 


WHEREAS, the Plan provides for an automatic grant
of an Option to purchase 5,000 shares of Common Stock to each
person who is elected or appointed for the first time to be a
Non-Employee Director upon the date of his or her initial election
or appointment to be a Non-Employee Director (the
“Initial Director
Grant”);
and

 


WHEREAS,
the Board has determined that it is in the best interest of the
Company to amend the Plan to eliminate the Initial Director
Grant.

 


NOW,
THEREFORE, the Board does hereby amend the Plan, effective as of
the Effective Date, as follows:

 



1.           

The
definition of “Initial Grant” in Section 2(cc) of the
Plan is hereby deleted in its entirety and replaced with the
following:





 


“[Intentionally
Omitted]”.

 



2.           

Section
6(b)(iv)(A) of the Plan is hereby deleted in its entirety and
replaced with the following:





 


“[Intentionally
Omitted]”.

 



3.           

Section
6(b)(iv)(B) of the Plan is hereby amended by deleting the following
proviso:





 


“; provided, however, that a Non-Employee
Director shall not receive an Annual Grant 
within one hundred eighty (180) days
of an Initial Grant”.

 



4.           

Except
as explicitly set forth in this Amendment, the Plan will remain in
full force and effect.





 


5.      
    In all other
respects, the Plan, as amended, is hereby ratified and confirmed
and shall remain in full force and effect.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7814

THOMAS LATTIE MCLAMB,

Petitioner - Appellant,

versus

PATRICIA R. STANSBERRY, Warden, LSCI Butner,

North Carolina,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Louise W. Flanagan, Chief

District Judge. (CA-04-600-5-FL)

Submitted: May 25, 2005 Decided: June 6, 2005

Before WILLIAMS, MOTZ, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Thomas Lattie McLamb, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Thomas Lattie McLamb, a federal prisoner, appeals the

district court’s order denying relief on his petition filed under

28 U.S.C. § 2241 (2000). We have reviewed the record and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. See McLamb v. Stansberry, No. CA-04-600-5-FL

(E.D.N.C. Oct. 19, 2004). We grant McLamb’s motion to file a

document styled as a formal brief, and we have considered the

arguments therein. 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
z^iahon 

net-iricM 121H - M aNLNum 

August 1,2011 

• "i ;•' 'C' ' IT O " 

• ' I i Viri-,'! \j.r 

•••. '• •Jiii/\ilL' i 

•icrFPAiio:,:-

0 - 3 P ?: 18 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

Re: Federal Aviation Administration (FAA) Drug/Alcohol Policy and Program 

To Whom It May Concern: 

DAE Aviation Enterprises.Corporation (dba.Emerson Aviation) is a full service fixed 

base operator at Laconia Airport (LCI) and its services include 135 on-demand air taxi 

and scenic tours of the area. We currently have twelve employees of which ten perform 

safety-sensitive functions covered under the FAA Drug and Alcohol Program. 

Because of the range of services we provide, we are now required by the FAA to 

administer drug programs under both 14 CFR Part 135 and Part 91.147. This 

duplication requires the company to administer two programs, and because we are a 

small company, creates the possibility of the same employee being called for testing 

uiider both programs in the same quarter. This defeats the intent of the program to 

test as many employees as possible. We believe consolidating these programs would 

enhance overall safety by allowing the consortium to pick as many individuals as 

possible. This also creates cost inefficiency that affects the ability of the company to 

provide affordable aviation services to the community. 

If you have questions or require further information, please do not hesitate to contact 

me or Linda Emerson at lemerson@emer8onaviation.coin. 

David Emerson 

President 

DAE AVL\TION ENTERPI^SES CORP 

demerson@emersonaviation. com 

Lacoma Airport • 118 Kimball Road • Gilford NH 03249 • Tel: 603-293-7980 • Fax: 603-293-0805
<PAGE>   1
                                                              EXHIBIT 10.127

                     SCHEDULE OF PROPERTIES MORTGAGED UNDER
            SOVEREIGN BANK OPEN-END MORTGAGE AND SECURITY AGREEMENT
      ATTACHED AS EXHIBIT 10.125 TO THE COMPANY'S FORM 10-K FOR THE PERIOD
                                ENDING 12/31/99

<TABLE>
<CAPTION>
                                                                                                                       DATE OF
MORTGAGOR                 FACILITY NAME                             LOCATION                      MORTGAGE AMOUNT      MORTGAGE

<S>                       <C>                                       <C>                             <C>             <C>
ALS-Clare Bridge, Inc.    Alterra Clare Bridge of East Hempfield    1870 Rohrerstown Road           $3,450,000       December, 1997
                                                                    Lancaster, PA  17601

ALS-Clare Bridge, Inc.    Alterra Clare Bridge of State College     610 W. Whitehall Road           $3,450,000         May, 1998
                                                                    State College, PA  16801

ALS-WovenHearts, Inc.     Alterra Sterling House of Chambersburg    745 Norland Avenue              $3,377,216         May, 1998
                                                                    Chambersburg, PA  17201

ALS-Wynwood, Inc.         Alterra Wynwood of New Castle             501 South Harmony road          $6,001,700         May, 1998
                                                                    Newark, DE
</TABLE>
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have
issued our reports dated February 24, 2010, with respect to i) the consolidated financial statements of Energy Transfer Partners, L.P. and subsidiaries as of December 31, 2009 and 2008 and for each of the two years in the period ended
December 31, 2009, the four months ended December 31, 2007, and the year ended August 31, 2007; ii) Energy Transfer Partners, L.P.s internal control over financial reporting as of December 31, 2009; iii) the consolidated
balance sheet of Energy Transfer Partners GP, L.P. and subsidiaries as of December 31, 2009; and iv) the consolidated balance sheet of Energy Transfer Partners, L.L.C. and subsidiaries as of December 31, 2009, all included in the Annual
Report of Energy Transfer Partners, L.P. on Form 10-K for the year ended December 31, 2009. We hereby consent to the incorporation by reference of said reports in the Registration Statements of Energy Transfer Partners, L.P. on Forms S-3
(File No. 333-160019, File No. 333-147990, and File No. 333-133176), on Form S-4 (File No. 333-161706), and on Forms S-8 (File No. 333-159878 and File No. 333-146338).

/s/ GRANT THORNTON LLP

Tulsa, Oklahoma

February 24, 2010
**EXHIBIT 32.01**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER ANDCHIEF FINANCIAL OFFICER**

**PURSUANT TO 18 U.S.C. SECTION 1350, ASADOPTED PURSUANT TO SECTION 906 OF**

**THE SARBANES-OXLEY ACT OF 2002**

 

I, Robert L.Howard-Anderson, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theQuarterly Report of Occam Networks, Inc. on Form 10-Q for the fiscalquarter ended June 30, 2008 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that informationcontained in such Quarterly Report on Form 10-Q fairly presents in allmaterial respects the financial condition and results of operations of OccamNetworks, Inc.

 
| Date: August  11, 2008 | By:    | /s/ ROBERT  L. HOWARD-ANDERSON         |
|------------------------|--------|----------------------------------------|
|                   | Name:  | Robert L.  Howard-Anderson             |
|                   | Title: | President  and Chief Executive Officer |

 

I, JeanneSeeley, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Reportof Occam Networks, Inc. on Form 10-Q for the fiscal quarter endedJune 30, 2008 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934and that information contained in such Quarterly Report on Form 10-Q fairlypresents in all material respects the financial condition and results ofoperations of Occam Networks, Inc.

 
| Date: August  11, 2008 | By:    | /s/ JEANNE  SEELEY       |
|------------------------|--------|--------------------------|
|                   | Name:  | Jeanne  Seeley           |
|                   | Title: | Chief  Financial Officer |

 

A signed original of thiswritten statement required by Section 906 has been provided to OccamNetworks, Inc. and will be retained by Occam Networks, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
<PAGE>   1
                      SECURITIES AND EXCHANGE COMMISSION
                            Washington D.C. 20549



                             --------------------


                                  FORM 8-K/A


                             --------------------



              Current Report Pursuant to Section 13 or 15(d) of
                          The Securities Act of 1934




Date of Report (Date of earliest event reported)   September 20, 1996
                                                 -----------------------



                        STARTRONIX INTERNATIONAL INC.
-------------------------------------------------------------------------------
            (Exact name of registrant as specified in its charter)



         Delaware                       1-9190                  912263272
----------------------------        -------------          --------------------
(State or other jurisdiction         (Commission             (I.R.S. Employer
    of incorporation                 File Number)           Identification No.)



2402 Michelson Drive, Suite 160, Irvine, California               92715
---------------------------------------------------        --------------------
    (Address of principal executive offices)                    (Zip Code)



      Registrant's telephone number, including area code      (714) 474-1700
                                                           --------------------



                                NOT APPLICABLE
-------------------------------------------------------------------------------
         (Former name or former address, if changed since last report)
<PAGE>   2
ITEM 4.  CHANGES IN REGISTRANT'S CERTIFIED ACCOUNTANT.


     This Amendment to Current Report on Form 8-K is filed for the purpose of
filing the letter by the Registrant's former accountants, BDO Seidman, LLP,
which is required to be filed in connection with the Registrant's disclosure
concerning changes in the Registrant's Certified Accountant. Such letter is
attached hereto as Exhibit 4(a).


                                   SIGNATURES

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto.



                                          STARTRONIX INTERNATIONAL INC.

                                          /s/ JAMES VALLE
                                          ------------------------------------
                                          James Valle, Chief Financial Officer

October 4, 1996




                                      -2-
Chrysler Group, LLC and

Infinity County Mutual /s



# Fourth Court of Appeals

**San Antonio, Texas**

January 20, 2015

N o. 04

- 13

- 00757

- CV

Michael TATSCH

, Appellant

v.

CHRYSLER GROUP, LLC and Infinity County Mutual Insurance Com pany,

Appellees

From the 216th Judicial District Court, Gillespie County, Texas

Trial Court No. 12977

Honorable N. Keith Williams, Judge Presiding



### ORDER

Appellees filed a second motion for extension of time to file their motion for rehearing.

We GRANT the motion and ORDER appellees to file their motion for rehearing on or before

January 30, 2015. Appellees are advised that no further extensions of time to file the motion for

rehearing will be granted absent written proof of extraordinary circumstances.

___________________________________ Marialyn Barnard, Justice

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

court on this 20th day of January, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
SERVED OCTOBER 2, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

TRANS NORTH AVIATION, LTD 

FAA DOCKET NO. (2012-GL-03-0012) 

(Civil Penalty Action) 

RECEIVED 

OCT 0 G 2014 

HEARING DOCKET 

a'1ECEIVED 

OCT 0 6 2014 

HEARING DOCKET 

TRANS NORTH AVIATION, LTD'S NOTICE OF APPEAL 

OF INITIAL DECISION OF ADMINSTRATIVE LAW JUDGE 

TRANS NORTH AVIATION, LTD., by and through its counsel, BARNETT & BORTH, 

LLC, pursuant to 14 C.F.R § 13.233(a) hereby files its NOTICE OF APPEAL OF INITIAL 

DECISION OF ADMINSTRATIVE LAW JUDGE, TRANS NORTH AVIATION, LTD served 

on September 25, 2014 affirming Trans North Aviation's violation of 14 CPR§ 135.267(d) and 

assessing a civil penalty in the amount of $7 ,500.00. 

Dated: October 2, 2014 

Respectfully submitted, 

c:... ~ .. ·' / -~ ~ -

Attoffieyroresponaent 

Trans North Aviation, LTD 

Charles R. Barnett, III 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

(847) 724-5520 

(815) 356-7042 (FAX) 
CERTIFICATE OF SERVICE 

The undersigned certifies that the foregoing Notice of Appeal was served via FedEx as 

follows: 

ORIGINAL AND ONE COPY 

Federal Aviation Administration 

600 Independence Avenue, SW., Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

FAX: 202-493-5142 

ONE COPY 

Jeanette Daubaras, Complainant's Counsel 

Great Lakes Region, AGL-7M 

Federal Aviation Administration 

23 00 East Devon A venue 

Des Plaines, IL 60018-4696 

FAX: 847-294-7498 

Dated this 2nd day of October, 2014. 

~ Attorney for Respondent 

2