alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 1693

NATHANIEL HAMPTON JONES , Plaintiff

- Appellant ,

v. GRANTHAM & PROPERTIES , Defendant

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Florence

. J. Michelle Childs , District Judge. ( 4:19

- cv
- 00779

- JMC )

Submitted : September 22, 2020 Decided: September 24, 2020

Before NIEMEYER, KEENAN, and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion

.
Nathaniel Hampton Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Nathaniel Hampton Jones appeals the district court’s order ac cepting the recommendation of the magistrate judge and remanding his civil action to the Florence County Court of Common Pleas . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Jones v. Grantham & Props

. , No. 4:19

- cv
- 00779

- JMC (D.S.C. June 12, 2020) . 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 proces s. AFFIRMED
EXHIBIT 31.1

CERTIFICATIONS  MATTSON TECHNOLOGY, INC.  SARBANES-OXLEY ACT SECTION 302(a) CERTIFICATION

I,
David Dutton, certify that:

1.     I
have reviewed this quarterly report on Form 10-Q of Mattson Technology, Inc.;

2.     Based
on my knowledge, this 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 report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this 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 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



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 the registrant's board of directors (or persons performing the equivalent functions):



|Date: May 6, 2005 |  | /s/DAVID DUTTONDavid Dutton President and Chief Executive
Officer
|----------------- |  | -----------------------------------------------------------------

---



QuickLinks
1

The Honorable Laurie Smith Camp, United States District Judge for the

District of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-2753

___________

Robert DeRue Mawhiney, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* District of Nebraska.

Warren Distribution, Inc., *

* [UNPUBLISHED]

Appellee. *

___________

Submitted: June 27, 2008

Filed: July 10, 2008

___________

Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Robert Mawhiney appeals the district court’s1

 adverse grant of summary

judgment in his action against his former employer, Warren Distribution, Inc. After

carefully reviewing the record and Mawhiney’s arguments on appeal, we find no basis

for reversal. See Hervey v. County of Koochiching, No. 06-3891, 2008 WL 2330900,

at *4 (8th Cir. June 9, 2008) (standard of review). We also conclude that the district

court properly denied as moot Mawhiney’s motions related to the pretrial conference.

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

______________________________
Exhibit 31.2

CERTIFICATION

I, Charles Boynton, certify that: 

1.	I have reviewed this Amendment No. 3 to the annual report on Form 10-K of Commerce One,Inc.;

2.	Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;

3.	Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant asof, and for, the periods presented in this report; 

4.	The registrant's other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared; 

(b) Evaluated the effectiveness ofthe registrant's disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and 
(c) Disclosed in this report any change in the registrant's internal controlover financial reporting that occurred during the registrant's most recentfiscal quarter (the registrant's fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant's internal control over financial reporting; and 

5.	The registrant's other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, tothe registrant's auditors and the audit committee of the registrant's board ofdirectors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant's internal control overfinancial reporting. 

Date: June 3, 2004

/s/ Charles Boynton
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 28, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-40536 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus KENNETH W. TURNER, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-02-CR-1417-1

-------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM: * Kenneth W. Turner appeals his conviction on two counts of transporting aliens within the United States for private financial gain by means of a motor vehicle in violation of 8 U.S.C. § 1324. Turner argues that the district court erred by refusing to give a requested jury instruction on the requirement that the Government provide additional evidence of a defendant’s guilty knowledge when contraband is found in a hidden compartment.No. 03-40536 -2- The type of instruction Turner requests is generally given only in controlled substance cases. See Note, F IFTH C IRCUIT P ATTERN J URY I NSTRUCTION 1.31 (Criminal Cases). Neither party has cited a decision addressing the applicability of such an instruction when the hidden cargo consists of human beings rather than controlled substances. However, assuming arguendo that such an instruction is available in this type of case, we conclude that Turner has not shown that he was entitled to the instruction. If contraband is not “clearly visible or readily accessible,” control over the vehicle alone is insufficient to prove knowledge of the contraband. See United States v. Pennington , 20 F.3d 593, 598 (5th Cir. 1994) (internal quotation and citation omitted). The “threshold issue” is whether the contraband is “hidden”; if it is hidden, then the Government must produce “further evidence of knowledge.” Id. We conclude that the aliens discovered in the sleeper compartment of Turner’s tractor-trailer were not “hidden.” Even if we assume that the aliens were not “clearly visible” from the driver’s seat, they clearly were “readily accessible” from that position. Because the aliens were not hidden, Turner was not entitled to the requested instruction, and the district court did not abuse its discretion in refusing to give the instruction.
See United States v. Barnett , 197 F.3d 138, 142 (5th Cir. 1999).
AFFIRMED.
Human Factors Information System (HFIS)

U.S. Nuclear Regulatory Commission

From 01/01/2008 to 12/31/2008Page 17 of 22605/29/2009 10:01:12

2x N

Total 

N

Document Types: IR, LER IR/LER Category Analysis by Docket Report

N

Average for Se

Details Department Work Type 

Facility Name: Browns Ferry 3 Docket (050- 00296)

Human-System Interface & Environmnt / IR170 - HSI or information availability / quality LTA I - Instrumentation & Control S - Surveillance 

16

Number of Items for this Docket: 

Percent of Total for this Docket: 

Oversight / IR131 - Management expectations or directions LTA G - Engineering G - Design 

16

Number of Items for this Docket: 

Percent of Total for this Docket: 

Problem Identification & Resolution / IR142 - Operating experience (OE) review LTA M - Mechanical M - Maintenance / Repair 143 - Tracking / trending LTA X - Site-wide X - Site-wide 143 - Tracking / trending LTA X - Site-wide X - Site-wide 146 - Evaluation LTA G - Engineering G - Design 146 - Evaluation LTA H - Health Physics H - Health Physics 146 - Evaluation LTA M - Mechanical M - Maintenance / Repair 147 - Individual corrective action LTA M - Mechanical M - Maintenance / Repair 

739

Number of Items for this Docket: 

Percent of Total for this Docket: 

Work Planning & Practices / IR185 - Procedural adherence LTA G - Engineering G - Design 185 - Procedural adherence LTA M - Mechanical M - Maintenance / Repair 186 - Failure to take action / meet requirements G - Engineering G - Design 186 - Failure to take action / meet requirements I - Instrumentation & Control S - Surveillance 186 - Failure to take action / meet requirements M - Mechanical H - Health Physics 186 - Failure to take action / meet requirements M - Mechanical M - Maintenance / Repair 187 - Action implementation LTA G - Engineering G - Design 188 - Work practice or craft skill LTA H - Health Physics H - Health Physics 189 - Recognition of adverse condition / questioning attitude LTA H - Health Physics 

H - Health Physics

950

Number of Items for this Docket: 

Percent of Total for this Docket: 

Total Items for this Docket: 18
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Exhibit 23.1





INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by  reference in the  Registration  Statements
(Form S-3 No.  333-54998  and  related  Prospectus  and  Forms S-8 No.  2-80776,
33-2139, 33-7901, 33-15062, 33-43635, 33-62799, 33-59803,  333-82157,  333-82161
and 333-87773)  of  Albertson's  Inc.  and  subsidiaries  of  our  report  dated
March 17, 1999 with respect to the consolidated financial statements of American
Stores  Company,  included in the Annual  Report  (Form 10-K) for the year ended
February 1, 2001 of Albertson's Inc. and subsidiaries  filed with the Securities
and Exchange Commission.


/s/ Ernst & Young LLP
---------------------
Ernst & Young LLP
Salt Lake City, Utah
April 19, 2001
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 17, 2021

NO. 03

- 19

- 00583

- CR

Derrick Jamal McKenzie , Appellant

v.

The State of Texas , Appellee

APPEAL FROM THE 155TH DISTRICT COURT OF FAYETTE COUNTY

BEFORE CHIEF JUSTICE BYRN E, JUSTICES BAKER AND KELLY

AFFIRMED

-- OPINION BY JUSTICE BAKER

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the rec ord and the parties’ arguments, the Court holds that there was no reversible error in

the judgment

. Therefore, the Court affirms the trial court’s judgment of conviction

. Because

appellant is indigent and u nable to pay costs, no adjudica t i on of costs is made.
No. 90-6028.

#### Woods *v.*United States.

C. A. 8th Cir. Certiorari denied.
#### In the Matter of the Clam of Suzanne Bicjan, Appellant. New York City Board of Education, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent.

[631 NYS2d 86]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 23, 1994, which ruled, *inter alia,*that claimant was ineligible to receive unemployment insurance benefits because she had a reasonable assurance of continued employment.

Claimant, a substitute teacher, was notified by her employer that her name appeared on the preferred list for the 1992-1993 academic year and that it intended to call her to teach during this period. In view of this, the Board found that she received a reasonable assurance of continued employment and, therefore, found her ineligible to receive unemployment insurance benefits during the summer of 1992. Upon review of the record, we find that substantial evidence supports the Board’s decision. This case is distinguishable from *Matter of Bicjan (New York City Bd. of Educ.*— Hudacs) (201 AD2d 813), which involved claimant’s claim for benefits during a different time period. We have examined claimant’s remaining contentions and find them to be without merit.

Cardona, P. J., Mikoll, Mercure, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.
<PAGE>
                                                                      EXHIBIT 11

                     STERLING VISION, INC. AND SUBSIDIARIES
                 COMPUTATION OF EARNINGS (LOSS) PER COMMON SHARE
                                   (Unaudited)
                      (In Thousands, Except Per Share Data)

<TABLE>
<CAPTION>
                                          Three Months Ended      Nine Months Ended
                                             September 30,           September 30,
                                           1996       1995         1996       1995
                                           ----       ----         ----       ----
<S>                                       <C>        <C>          <C>       <C>    
PRIMARY EARNINGS (LOSS)

  Net income(loss)                        $  (760)   $1,379       $  (749)  $ 3,410
                                          =======    ======       =======   =======

  Weighted average number of common
      shares outstanding                   12,325     9,963        12,325     9,963

  Incremental shares based on the 
      treasury stock method for stock 
      options, using the average 
      market price                             82       -              82       -
                                          -------   -------       -------   -------

  Weighted average number of common 
      share and common share 
      equivalents outstanding              12,407     9,963        12,407     9,963
                                          =======   =======        ======   =======

  Primary earnings (loss) per common 
      share                               $  (.06)  $   .14       $  (.06)  $   .34
                                          =======   =======       =======   =======

FULLY DILUTED EARNINGS (LOSS)*

  Net income (loss)                       $  (760)  $ 1,379       $  (749)  $ 3,410
                                          =======   =======       =======   =======

  Weighted average number of common
      shares outstanding                   12,325     9,963        12,325     9,963

  Incremental shares based on the 
      treasury stock method for stock 
      options, using the average market 
      price                                   170       -             170       -
                                          -------   -------       -------   -------

  Weighted average number of common 
      share and common share 

      equivalents outstanding              12,495     9,963        12,495     9,963
                                          =======   =======       =======   =======

  Fully diluted earnings (loss) per
       common share                       $  (.06)  $   .14       $  (.06)  $   .34
                                          =======   =======       =======   =======
</TABLE>

* This calculation is submitted in accordance with Securities Exchange Act of
  1934, Release No.9083, although not required by Footnote 2 to Paragraph 14 of
  APB Opinion No. 15 because it results in dilution of less than 3%.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

February 7, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51076

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GABRIEL SANCHEZ-GARCIA, also known as Gabriel Andres

Sanchez-Garcia, 

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas 

USDC No. 1:06-CR-73-ALL

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

Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Gabriel SanchezGarcia raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that

8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.
#### In the Matter of Adrian L., Appellant, v Abigail A., Respondent.

[631 NYS2d 534]

In a paternity proceeding pursuant to Family Court Act article 5, the petitioner appeals, as limited by his brief, from so much of an order of the Family Court, *654Kings County (Pearce, J.), dated February 27, 1990, as dismissed the petition.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court erred by denying the petitioner’s motion pursuant to Family Court Act § 532 for a blood-grouping test. However, applying the doctrine of equitable estoppel, we find that, under the circumstances of this case, the error does not require reversal *(see, Matter of Leon L. v Carole H.,*210 AD2d 484; *Matter of Ettore I. v Angela D.,*127 AD2d 6). O’Brien, J. P., Joy, Goldstein and Florio, JJ., concur.