alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-6939

LARRIANTE SUMBRY,

Petitioner - Appellant,

versus

INDIANA STATE PRISON; GOVERNOR, Indiana,

Respondents - Appellees.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, District

Judge. (7:06-cv-00227-sgw)

Submitted: August 24, 2006 Decided: August 31, 2006

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larriante Sumbry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Larriante Sumbry seeks to appeal the district court’s

order denying relief on his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Sumbry has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. 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. 

DISMISSED
No. 89-1895.

#### Astoria Federal Savings & Loan Assn. *v.*Solimino.

C. A. 2d Cir. Certiorari granted.
Exhibit 4.2


 


Share certificate


	Number of certificate	 	Number of shares
	 	 	 
	 	 	 





 


EUCRATES
BIOMEDICAL ACQUISITION CORP.


 


Company
number 2042314


 


(COMPANY)


 


INCORPORATED
UNDER THE BVI BUSINESS COMPANY ACT, 2004, AS AMENDED


 


This is to certify that __________________
of ________________________________________________ is the registered holder of ________________________ ordinary shares of no
par value each being fully paid in the above-named company, subject to the memorandum and articles of association of the company.


 


Given under the Common Seal of the Company
this _________________________________


 


	 	 
	Director
I 

115TH CONGRESS 

1ST SESSION H. R. 1011 

To make clear that an agency outside of the Department of Health and 

Human Services may not designate, appoint, or employ special consultants, fellows, or other employees under subsection (f) or (g) of section 

207 of the Public Health Service Act. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2017 

Mr. BURGESS introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To make clear that an agency outside of the Department 

of Health and Human Services may not designate, appoint, or employ special consultants, fellows, or other 

employees under subsection (f) or (g) of section 207 

of the Public Health Service Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health and Human 

5 Services Hiree Clarification Act’’. 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HR 1011 IH

1 SEC. 2. EMPLOYMENT OF SPECIAL CONSULTANTS AND FEL2 LOWS FOR THE PUBLIC HEALTH SERVICE. 

3 (a) IN GENERAL.—Section 207(f) of the Public 

4 Health Service Act (42 U.S.C. 209(f)) is amended by add5 ing at the end the following: ‘‘This subsection and sub6 section (g) do not authorize the designation, appointment, 

7 or employment of any special consultant, fellow, or other 

8 employee by an agency outside of the Department of 

9 Health and Human Services.’’. 

10 (b) TECHNICAL CORRECTIONS.—Section 207(h) of 

11 the Public Health Service Act (42 U.S.C. 209(h)) is 

12 amended— 

13 (1) by striking ‘‘subsection (f)’’ and inserting 

14 ‘‘subsection (g)’’; and 

15 (2) by striking ‘‘subsection (e)’’ and inserting 

16 ‘‘subsection (f)’’. 

17 (c) APPLICABILITY.—The amendments made by this 

18 section apply with respect to special consultants, fellows, 

19 and other employees appointed on or after the date of the 

20 enactment of this Act. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
**Exhibit 23**

**Consent of Independent Registered Public Accounting Firm**

American VanguardCorporation 

Newport Beach, CA 

Wehereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-125813, 333-102381, 333-76218 and 333-64220) of American Vanguard Corporation of our reports dated March 10, 2011, relating to the consolidatedfinancial statements and financial statement schedule, and the effectiveness of American Vanguard Corporation’s internal control over financial reporting, which appears in this Form 10-K. 

/s/ BDO USA, LLP 

Los Angeles, CA 

March 10, 2011
Exhibit 10.29


 





2525 16th Street, Suite 310


San Francisco, CA 94103


 


October 7, 2020


 


Sean Foy


 


VIA EMAIL


 


Dear Sean,


 


As you know, Shift Technologies, Inc.
(the “Company”) is being merged (the “Merger”) with and into IAC Merger Sub, Inc. pursuant
to that certain Merger Agreement dated as of June 29, 2020, by and between Shift Technologies, Inc., Insurance Acquisition Corp.
and IAC Merger Sub, Inc. (the “Merger Agreement”), pursuant to which the Company will be the surviving entity
and will be a wholly owned subsidiary of Insurance Acquisition Corp.





 


Prior to the Merger, and via this letter
(the “Letter Agreement”), the Company’s Board of Directors (the “Board”) wants the
Company to ensure that amounts that have been discussed with you in the past are provided to you. Accordingly, the Board has approved
the following bonus to be paid to you, subject to your continued employment through the date that all of the closing conditions
for the Merger have been met or waived by the applicable party (the “Closing Conditions Date”):


 


		●	$154,000
                                         discretionary bonus to assist you in satisfying your loan obligation pursuant to the
                                         Promissory Note (defined below) (the “Loan Bonus”).



 


The Loan Bonus shall be paid to you on
or about the Closing Conditions Date, but no later than the effective time of the Merger. If the closing conditions for the Merger
are not met by March 15, 2021, this Letter Agreement shall be cancelled and considered null and void.


 


Pursuant to the terms of that certain
Partial-Recourse Promissory Note executed by you and dated January 14, 2019 (the “Promissory Note”), the principal
balance (including any unpaid interest) of the loan obligation under the Promissory Note is payable in full prior to the Company
becoming publicly traded, as any such loan would be illegal pursuant to Section 402 of the Sarbanes-Oxley Act because you will
be subject to Section 16 of the Securities and Exchange Act of 1934.


 


By signing below, you authorize the Company
to deduct from the Loan Bonus, after applicable tax withholding, an amount equal to the pay-off value of the loan obligation underlying
the Promissory Note, provided that, if the Loan Bonus is insufficient to satisfy the Promissory Note, you agree to pay any additional
amounts necessary to satisfy the loan obligation underlying the Promissory Note to the Company, in cash, before the effective
time of the Merger.


 


Your authorization for the payroll deduction
above may be withdrawn or amended by you at any time by providing a written letter to the Board to such effect, provided that
you remain required to satisfy the Promissory Note prior to the effective time of the Merger.


 


Shift Technologies, Inc. 


 


	By:		 
	Its: 	Co-Chief Executive Officer	 


 


	Accepted and Agreed to:	 	 
	 	 	 
	/s/ Sean Foy 	 	 
	Sean Foy	 	 


  






    1
Order entered October 11 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 19
- 01193
- CV CARE TECTURE, LLC DB A PHARMA COMPOUNDIA, Appellant V. MATHESON COMMERCIAL PROPERTIES, L LC, Appellee On Appeal from the County Court at Law No. 7

Collin County, Texas Trial Court Cause No. 007
- 02523
- 2019



### O RDER Before Justices Bridges, Osborne, and Carlyle On October 9, 2019 appellant filed an emergency motion requesting we stay the
execut ion of a writ of possession issued by the Justice Court on September 17, 2019

. By order dated October 9, 2019, w e granted the motion to the extent that we stayed execution of the writ of possession pending our resolution of the issue of our jurisdiction o ver this appeal. We also sent a letter to the parties requesting appellant file a jurisdiction brief by October 21, 2019. On October 10, 2019 , we received appellee’s response to appellant’s motion for emergency stay. In the response, appellee indicates that the writ of possession is set to expire on October 16, 2019. Appellee further states appellant’s filing of “Statement of Inability t o A fford Payment of CourtCosts or an Appeal Bond” is improper beca u se such statements do not apply to commercial

lea ses . See T EX
. P ROP
. C ODE A NN
. § 24.0052(a). Accordingly, we ORDER appellant to file its reply to a ppellee’s response to its emergency motion by 5:00p . m . M ONDAY , O CTOBER 14, 2019 . Among o the r things, appellant’s reply should address the issue s involving its statement s of inability to pay

.
/s/ DAVID L. BRIDGES JUSTICE
```

[Congressional Record Volume 155, Number 9 (Thursday, January 15, 2009)]
[Senate]
[Page S631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                PROGRAM

  Mr. REID. Mr. President, at 11 o'clock tomorrow morning, Senator-
appointee Ted Kaufman will take the oath of office and become a U.S. 
Senator, replacing our soon-to-be Vice President, Joe Biden.
  There will be no rollcall votes tomorrow.

                          ____________________
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE>     5
<LEGEND>
This Schedule contains summary financial information extracted from Magnum
Sports & Entertainment, Inc. Form 10-Q for the quarter ended September 30, 2000.
</LEGEND>

<CIK>          0001002325
<NAME>         MAGNUM SPORTS & ENTERTAINMENT, INC.
<MULTIPLIER>   1

<S>                             <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       2,261,316
<SECURITIES>                                       159
<RECEIVABLES>                                  650,505
<ALLOWANCES>                                   268,734
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,453,346
<PP&E>                                          68,085
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               5,474,028
<CURRENT-LIABILITIES>                          515,774
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        51,611
<OTHER-SE>                                  36,375,557
<TOTAL-LIABILITY-AND-EQUITY>                 5,474,028
<SALES>                                              0
<TOTAL-REVENUES>                               811,612
<CGS>                                           53,150
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                     9,735
<INCOME-CONTINUING>                        (6,673,460)
<DISCONTINUED>                             (3,908,572)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (10,582,032)
<EPS-BASIC>                                     (2.34)
<EPS-DILUTED>                                   (2.34)



</TABLE>
#### In re Thelma Gertrude WHITE, Debtor. Thelma Gertrude WHITE, Plaintiff, Appellee, v. Albert J. GULESIAN, Sr., Defendant, Appellant.

Bankruptcy No. 82-9045.

United States Bankruptcy Appellate Panel for the First Circuit.

Dec. 17, 1982.

Charles E. Gilbert, III, Bangor, Me., for defendant, appellant.

*340Norman S. Heitmann, Millinocket, Me., for plaintiff, appellee.

PER CURIAM:

Appellant argues that 11 U.S.C. § 522(f)(1)1 should not be applied retroactively to allow the debtor/appellee to avoid a judicial lien, which impairs her exemption, placed on the debtor’s property prior to the enactment of the Bankruptcy Act of 1978.2

In *United States v. Security Industrial Bank,*456 U.S. 922, 102 S.Ct. 1965, 72 L.Ed.2d 437 (1982), the Supreme Court held that § 522(f)(2) was not intended to be applied retroactively. When a bankruptcy statute affects a property right, it should not be applied retroactively unless the legislature has so directed in unequivocal terms. *Id.*The Supreme Court found that the legislative history of the 1978 Act suggested that Congress did not intend that § 522(f) operate to destroy pre-enactment property rights. Although the *Security Industrial Bank*case concerned a non-posses-sory non-purchase money security interest, the same rationale would apply to a judicial lien perfected prior to the Act’s enactment due to the absence of such Congressional intent.

The decision of the bankruptcy court is reversed.

1

. 11 U.S.C. § 522

> (f) Notwithstanding any waiver of exemptions, the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b) of this section, if such lien is—

> (1) a judicial lien;

2

. The judicial lien was placed on the debtor’s real estate on April 14, 1978. The Bankruptcy Act of 1978 was signed into law by the President on November 6, 1978.
Page 1 of 2 

Occupational Safety And Health Review Commission

Commissioners’ Monthly Docket Report at Close of Business on November 30, 2016

DOCKET

NUMBER

RESPONDENT'S

NAME

DOCKETED TYPE* BRIEFING

NOTICE 

DATE

BRIEFING 

STATUS

COMMISSIONER 

NOT 

PARTICIPATING

1 09-1901 Seward Ship’s 

Drydock, Inc. 11/14/11 DFR 11/21/11, 04/17/13 Closed

2 10-1372 Briones Utility Co. 08/20/12 DFR 09/05/12 Closed

3 08-1774 Angelica Textile 

Services, Inc. 09/28/12 DFR 10/16/12 Closed

4 11-2395 Kiewit Power 

Constructors Co. 01/24/13 DFR 03/04/13 Closed

5 12-0643 K.M. Davis 

Contracting, Inc. 01/25/13 DFR 01/30/13 Closed

6 11-2780 Peacock 

Engineering, Inc. 05/22/13 DFR 05/30/13 Closed

7 11-1734 Calpine 

Corporation 06/24/13 DFR 06/26/13 Closed

8 10-0637

BP Products North

America, Inc., & 

BP-Husky 

Refining, LLC

09/16/13 DFR 11/01/13 Closed

9 12-1600 Envision Waste 

Services 02/10/14 DFR 02/24/1404/16/14 Closed

10 12-2142

Meadows 

Construction 

Company, LLC

06/05/14 DFR 06/24/14 Closed

11 12-2385 Evergreen 

Construction Co. 08/11/14 DFR 10/24/14 Closed

12 12-1617 Houston 

Aquarium, Inc. 09/18/14 DFR 10/20/14 Closed

13 13-1022

Mid South 

Waffles, Inc., d/b/a 

Waffle House 

#1283

12/31/14 DFR 02/03/15 Closed

14 14-0948 Florida Gas 

Contractors, Inc. 01/15/15 DFR 02/06/15 Closed

15 12-1287 CSA Equipment 

Company, LLC 01/16/15 DFR 02/09/15 Closed

16 13-0224 A.H. Sturgill 

Roofing, Inc. 03/23/15 DFR 04/08/15 Closed

17 13-1817 Missouri Basin 

Well Service Inc. 04/23/15 DFR 05/07/15 Closed

18 14-0844 Quick Transport of 

Arkansas, LLC 07/01/15 DFR 07/28/15 Closed

19 13-1124 Integra Health 

Management, Inc. 07/21/15 DFR 09/18/15 Closed
Page 2 of 2 

Occupational Safety And Health Review Commission

Commissioners’ Monthly Docket Report at Close of Business on November 30, 2016

DOCKET

NUMBER

RESPONDENT'S

NAME

DOCKETED TYPE* BRIEFING

NOTICE 

DATE

BRIEFING 

STATUS

COMMISSIONER 

NOT 

PARTICIPATING

20 13-0900 Suncor Energy 

(U.S.A.) Inc. 08/31/15 DFR 09/18/15 Closed

21 13-1169 North Eastern 

Precast LLC 10/29/15 DFR 11/02/15 Closed

22 13-1170 Masonry Services 

Inc. dba MSI 10/29/15 DFR 11/02/15 Closed

23 13-0644 Wynnewood 

Refining Co., LLC 03/03/16 DFR 03/18/16 Closed

24 13-0791 Wynnewood 

Refining Co., LLC 03/03/16 DFR 03/18/16 Closed

25 14-1688

Science 

Applications 

International 

Corp., d/b/a SAIC

06/23/16 DFR 10/31/16 Open

26 15-1121 Clean Fuels of 

Indiana, Inc. 06/30/16 DFR 11/09/16 Open

27 15-1121

Dover High 

Performance 

Plastics

07/19/16 DFR 11/01/16 Open

28 15-1347 Gate Precast 

Company 11/10/16 DFR

*DFR – Direction for Review

REM – Appellate Remand

INT REV - Interlocutory Review
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-50952

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE EDUARDO MORENO-GUTIERREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-03-CR-190-1-AML

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

 Jose Eduardo Moreno-Gutierrez appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Moreno-Gutierrez contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b) define separate offenses. He argues that the prior

conviction that resulted in his increased sentence is an element

of a separate offense under 8 U.S.C. § 1326(b) that should have

been alleged in his indictment. Moreno-Gutierrez maintains that

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 03-50952

-2-

he pleaded guilty to an indictment which charged only simple

reentry under 8 U.S.C. § 1326(a). He argues that his sentence

exceeds the two-year maximum term of imprisonment which may be

imposed for that offense.

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Moreno-Gutierrez acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND CONDENSED CONSOLIDATED STATEMENTS OF
INCOME ON PAGES 2 AND 3 OF THE COMPANY'S FORM 10-Q FOR THE YEAR-TO-DATE AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       4,498,176
<SECURITIES>                                         0
<RECEIVABLES>                                4,437,489
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            20,649,928
<PP&E>                                       5,099,409
<DEPRECIATION>                                 771,145
<TOTAL-ASSETS>                              38,109,303
<CURRENT-LIABILITIES>                        2,209,339
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        44,232
<OTHER-SE>                                  31,193,934
<TOTAL-LIABILITY-AND-EQUITY>                38,109,303
<SALES>                                      2,437,391
<TOTAL-REVENUES>                            14,524,416
<CGS>                                          792,798
<TOTAL-COSTS>                               11,446,063
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (388,580)
<INCOME-PRETAX>                              3,466,932
<INCOME-TAX>                                 1,325,119
<INCOME-CONTINUING>                          2,141,813
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,141,813
<EPS-PRIMARY>                                      .38
<EPS-DILUTED>                                      .38
        

</TABLE>
No. 90-5538.

#### Melkonyan *v.*Sullivan, Secretary of Health and Human Services.

C. A. 9th Cir. Motion of petitioner for leave to proceed *informa pauperis*granted. Certiorari granted.