alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Kevin Bryant, Also Known as Kenneth Braithwaite, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cohen, J.), rendered April 27, 1989, convicting him of criminal possession of stolen property in the third degree, criminal possession of stolen property in the fourth degree (three counts), and criminal possession of stolen property in the fifth degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reducing the defendant’s conviction of criminal possession of stolen property in the third degree to a conviction of criminal possession of stolen property in the fourth degree, and vacating the sentence imposed on that count; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing on that count. No questions of fact have been raised or considered.

The People’s expert’s own testimony indicated that the vehicle in question might have had a value of $3,000 or less at the time the defendant criminally possessed it. As the People correctly concede, since there was no other evidence that the *506vehicle had a value greater than $3,000, the defendant’s conviction for criminal possession of stolen property in the third degree must be reduced to criminal possession of stolen property in the fourth degree *(see,*Penal Law §§ 165.50, 165.45; *see, People v Rivera,*114 AD2d 305; *People v James,*111 AD2d 254, *affd*67 NY2d 662; *cf., People v Davis,*155 AD2d 611; *People v Perez,*139 AD2d 603).

We have examined the defendant’s remaining contentions, and find them to be without merit. Mangano, P. J., Eiber, O’Brien and Ritter, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS INCLUDED IN ITS FORM 10-K FOR THE FISCAL YEAR
ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                           2,684
<SECURITIES>                                     2,584
<RECEIVABLES>                                       65
<ALLOWANCES>                                        46
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 5,985
<PP&E>                                          19,920
<DEPRECIATION>                                  11,497
<TOTAL-ASSETS>                                  16,956
<CURRENT-LIABILITIES>                            1,708
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           153
<OTHER-SE>                                      14,057
<TOTAL-LIABILITY-AND-EQUITY>                    16,956
<SALES>                                             31
<TOTAL-REVENUES>                                   658
<CGS>                                                5
<TOTAL-COSTS>                                        5
<OTHER-EXPENSES>                                11,999
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  89
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (12,696)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (12,696)
<EPS-PRIMARY>                                   (0.83)
<EPS-DILUTED>                                   (0.83)
        

</TABLE>
QuickLinks
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Exhibit 10.56    
    


 
 

2005
  AMPHENOL MANAGEMENT INCENTIVE PLAN    
    


	I.
	Purpose  



The
purpose of the plan is to reward eligible key employees of Amphenol Corporation and affiliated operations with cash bonus payments based on contributions to overall results and specific
accomplishments. 



	II.
	Eligibility  



Select
management personnel, as designated by the Chairman, President and CEO. Generally, participation includes senior management positions, corporate staff managers, general managers and their
designated direct reports. 



	III.
	Plan Components  



There
are several key performance factors that are considered by executive management and the Compensation Committee. These include, but are not limited to, the following: 



	•
	Year-over-year
improvement 
	•
	Accomplishment
against budget 
	•
	Customer
satisfaction 
	•
	Quality
management 
	•
	New
market/new product positioning 
	•
	Cost
reductions/productivity improvements 
	•
	Balance
sheet management 
	•
	Unit
and Group contribution to total Amphenol performance 
	•
	Overall
Amphenol performance 






Financial
performance for each unit is measured by revenues, operating income, cash flow and ROI. Financial performance for total Group and Amphenol includes these same factors and EPS growth. 




	IV.
	Administration



	•
	Generally,
payments are made during the first calendar quarter following the plan year. All payments are subject to the recommendation of the Chairman, President and CEO and
the approval of the Compensation Committee.



	•
	Payments
are based upon average base salary during the plan year (new hires will be prorated accordingly if hired after February 1st of the plan year).



	•
	The
maximum allowable payout under the plan is 2x the target bonus as applied to average base salary.



	•
	To
be eligible for the bonus payment, a participant must be an active employee on the payroll at the time when the bonus payment is issued. Exceptions must be recommended by
the Chairman, President and CEO and be approved by the Compensation Committee. 


















QuickLinks



Exhibit 10.56


2005 AMPHENOL MANAGEMENT INCENTIVE PLAN
Exhibit 99.1

                         PEOPLEVIEW, INC.

                    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 Quarterly Report of PeopleView, Inc. (the
Company) on Form 10-QSB for the period ending June 30, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the
Report), I, Joseph Flynn, Principal 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 of1934; and
(2)   The information contained in the Report fairly presents, in all
      material respects, the financial condition and results of
      operations of the Company.


/s/ Joseph Flynn
---------------------------------------
Joseph Flynn
Principal Executive Officer
August 7, 2003

     A signed original of this written statement required by Section
906 has been provided to PeopleView, Inc. and will be retained by
PeopleView and furnished to the Securities and Exchange Commission or
its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-2655

EARL SIMMONS,

Plaintiff - Appellant,

versus

COASTAL CONTRACTORS, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Beaufort. Dennis W. Shedd, District Judge.

(CA-94-2486-9-19)

Submitted: January 30, 1996 Decided: March 5, 1996

Before HALL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Earl Simmons, Appellant Pro Se. Paul Hugh Infinger, DUKES,

WILLIAMS, INFINGER & MEEKS, P.A., Beaufort, South Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order granting

summary judgment for the Defendant on his Title VII claim alleging

racial discrimination. Specifically, Appellant alleged that his

supervisor called him "Shiny," and questioned his ability to perform construction work. Appellant conceded that he had never heard

the word "Shiny" used to mean any kind of insult, but assumed that

it was a racial slur. He therefore felt compelled to quit. We find

that the facts of this case are insufficient to create an abusive

work environment or make conditions so intolerable that a reasonable person would feel compelled to resign. Accordingly we find

that Appellant is unable to prevail on either a hostile racial work

environment or constructive discharge claim. See Meritor Sav. Bank,

F.S.B. v. Vinson, 477 U.S. 57, 67 (1986) (providing standard for

hostile sexual work environment claim); see also Amirmokri v.

Baltimore Gas & Elec. Co., 60 F.3d 1126, 1132 (4th Cir. 1995)

(providing standard for constructive discharge claim). We therefore

affirm the district court's grant of summary judgment for the

Defendant. 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
      32.1





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 Quarterly Report of Advanced Plant Pharmaceuticals, Inc.
      (the "Company") on Form 10-QSB for the period ended September 30, 2007as filed
      with the Securities and Exchange Commission on the date hereof (the "Report"),
      each of the undersigned, in the capacities and on the dates indicated below,
      hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that to his
      knowledge:





1.
      The Report fully complies with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934; and





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





3.
      A signed original 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.


Date:
                    November 19, 2007
                  By:
                  /s/ David
                    LiebermanDAVID
                      LIEBERMAN
                    Chief
                      Executive Officer
##### 



Exhibit 31.1 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO SECURITIES EXCHANGE ACT RULE 13a-14
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, John C Hodgman, certify that: 1. I have reviewed this Annual Report on Form 10-K of Cygnus, Inc.; 2. Based on my knowledge, this Annual Report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this Annual
Report; 3. Based on my knowledge, the financial statements, and other financial
information included in this Annual Report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this Annual Report; 4. The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have: a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this Annual Report is being prepared; b) evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this Annual Report based on such evaluation; and c) disclosed in this Annual Report any change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and 5. The registrants other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of registrants board of
directors (or persons performing the equivalent functions): a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the 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 who have a significant role in the registrants internal control over
financial reporting. Date: March 26, 2004 /s/ John C HodgmanJohn C HodgmanChief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
audited financial statements contained in the Company's annual report on Form
10-K for the year ended December 31, 1999 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,094,759
<SECURITIES>                                20,861,973
<RECEIVABLES>                                2,625,867
<ALLOWANCES>                                         0
<INVENTORY>                                    706,418
<CURRENT-ASSETS>                            29,595,318
<PP&E>                                      15,082,221
<DEPRECIATION>                             (2,914,086)
<TOTAL-ASSETS>                              46,592,396
<CURRENT-LIABILITIES>                       10,645,851
<BONDS>                                     11,563,285
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,659,367
<OTHER-SE>                                  16,465,401
<TOTAL-LIABILITY-AND-EQUITY>                46,592,396
<SALES>                                              0
<TOTAL-REVENUES>                            50,030,617
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          43,703,198
<INCOME-PRETAX>                              7,556,098
<INCOME-TAX>                                 3,088,264
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,467,834
<EPS-BASIC>                                        .17
<EPS-DILUTED>                                      .16


</TABLE>
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

NELSON CINTRON

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 2D23-2748

February 28, 2024

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for

Pinellas County; Philip J. Federico, Judge.

Nelson Cintron, pro se.

PER CURIAM.

Affirmed. 

KHOUZAM, ATKINSON, and SMITH, JJ., Concur.

Opinion subject to revision prior to official publication.
#### George William WRIGHT, Appellant, v. UNITED STATES of America, Appellee.

No. 4567.

Circuit Court of Appeals, Fourth Circuit

Jan. 8, 1940.

S. H. Sutherland, of Clintwood, Va., and Geo. C. Sutherland, of Grundy, Va., for appellant.

Joseph H. Chitwood, U. S. Atty., of Roanoke, Va., and Howard C. Gilmer, Jr., Asst. U. S. Atty., of Pulaski, Va., for appellee.

PER CURIAM.

Appeal dismissed on motion of appellee. Order filed.
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.                  

###### Department of Justice

                    In accordance with Department Policy, 28 CFR 50.7, notice is hereby given that a proposed consent decree in                     *United States*                     v.                     *Portrait Homes Construction Co.,*                    Civil Action No. 4:00-3581-12, (D.S.C.), was lodged with the United States District Court for the District of South Carolina on November 15, 2000. This proposed Consent Decree concerns a complaint filed by the United States against Portrait Homes Construction Co., pursuant to sections 301(a) and 404 of the Clean Water Act, 33 U.S.C. 1311(a) and 1344 and imposes civil penalties against the Defendant for the unauthorized discharge of dredged or fill material into waters of the United States in connection with the construction of a subdivision development on a portion of Kaminski Tract, located off Highway 707, approximately 1.5 miles from the intersection of Highway 17 and 707, near Murrells Inlet, in Horry County, South Carolina.                

The proposed Consent Decree requires the payment of civil penalties in the amount of $10,000 and prohibits the discharge of pollutants into the waters of the United States.

                    The Department of Justice will accept written comments relating to this proposed Consent Decree for thirty (30) days from the date of publication of this notice. Please address comments to Joseph P. Griffith, Jr., United States Attorney's Office, 170 Meeting Street, Suite 300, P.O. Box 978, Charleston, South Carolina 29402 and refer to                     *United States*                     v.                    *Portrait Homes Construction Co.*

                    The proposed Consent Decree may be examined at the Clerk's Office, United States District Court for the District of South Carolina, Hollings Judicial                           ( print page 75308)                        Center, Meeting Street at Broad, Charleston, S.C. 29401.                

Joseph P. Griffith, Jr., 

Assistant United States Attorney, United States Attorneys Office, Charleston, South Carolina.

[FR Doc. 00-30603 Filed 11-30-00; 8:45 am]

BILLING CODE 4410-15-M
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1690 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1690

To amend the Higher Education Act of 1965 to provide greater support to 
           students with dependents, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2017

 Ms. Duckworth (for herself, Mrs. Murray, Mr. Durbin, Mrs. Gillibrand, 
and Mr. Casey) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To amend the Higher Education Act of 1965 to provide greater support to 
           students with dependents, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care Access Means Parents in 
School Reauthorization Act'' or the ``CCAMPIS Reauthorization Act''.

SEC. 2. AMENDMENTS TO CCAMPIS.

    Section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e) 
is amended--
            (1) in subsection (e)--
                    (A) in paragraph (1), by adding at the end the 
                following:
                    ``(C) Stakeholder consultation.--The Secretary 
                shall work with relevant stakeholders to determine the 
                manner in which the data described under subparagraph 
                (B) is collected in order to ensure compliance with 
                such subparagraph.''; and
                    (B) by adding at the end the following:
            ``(3) Publication of reports.--Not later than 1 year after 
        the first report is submitted under paragraph (1) after the 
        date of enactment of the CCAMPIS Reauthorization Act, and 
        annually thereafter, the Secretary shall publish the reports 
        submitted under paragraph (1) for the preceding year on the 
        public website of the Department.''; and
            (2) by striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $67,000,000 for fiscal year 2018 
and each succeeding fiscal year.''.

SEC. 3. REPORT BY OFFICE OF POSTSECONDARY EDUCATION.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Education (acting through the Office of Postsecondary 
Education) shall report to Congress on the plans of the Department of 
Education to better serve postsecondary students with dependents.
                                 <all>
```