alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Buford Wilson WORLEY, Appellant. UNITED STATES of America, Appellee, v. A. C. BENNETT, Appellant.

Nos. 10622, 10624.

United States Court of Appeals Fourth Circuit.

Argued Oct. 31, 1966.

Decided Nov. 3, 1966.

N. Welch Morrisette, Jr., Columbia, S. C., for appellant in No. 10,622, and Charles B. Bowers, Columbia, S. C., for *626appellant in No. 10,624 (G. Raymond Mc-Elveen, and Lightsey & Bowers, Columbia, S. C., on joint brief), for appellants.

Charles S. Porter, Jr., Asst. U. S. Atty. (Terrell L. Glenn, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and CRAVEN, Circuit Judges.

PER CURIAM:

The only question presented by this appeal is whether on the facts of this case the District Court committed reversible error in permitting the United States to offer in evidence typed transcriptions of recorded telephone conversations.

A special agent of the Alcohol and Tobacco Unit of the Treasury Department testified that he identified Worley and Bennett as the persons talking, that he recorded the conversations, that he had the recordings,1 that transcriptions had been made of them, and that he had compared the transcriptions to the recordings and that they were the same. Upon this foundation the United States offered the transcripts into evidence.

Although the basis for appellants’ objections in the court below is not entirely clear in the record, we assume for purposes of this decision, as contended for by appellants, that the ground for the objection was that the tape recordings per se were the “best evidence”, and that the failure of the United States to offer the recordings left a fatal gap in establishing authenticity of the transcriptions.

We think appellants’ position is without merit because the record shows that before the transcriptions were received it was shown that the recordings were available and the District Judge indicated willingness to order them to be produced, in words as follows: “Well, he says he has the recording available here. Would you rather have the recording?”

Even after notice of appeal, counsel for the United States in open court offered to make the recordings available to counsel for appellants Bennett and Worley for the purpose of comparison with the transcripts introduced. It does not appear that the offer was ever accepted, and it is not asserted before us that the transcripts used varied from the tape recordings. Compare United States v. Hall, 342 F.2d 849 (4th Cir. 1965).

Affirmed.

1

. They were in the office of the United States Attorney and readily available.
[Logo] SF Partnership, LLP

                                                           Chartered Accountants



                                                     April 17, 2006





David Levenson
7947 Turncrest Drive
Potomac, Maryland
20854

Attention: Mr. David Levenson


                          INDEPENDENT AUDITORS CONSENT

We consent to the incorporation of MB Tech Inc. financial statements for the
years ended December 31, 2004 and December 31, 2005 and our auditors report
dated March 16, 2006 appearing on the Form 10-KSB of MB Tech Inc.


                                                   Yours very truly,

                                                   /s/ SF Partnership, LLP

                                                   SF Partnership, LLP









               The Madison Centre, 4950 Yonge Street, Suite 400,
                        Toronto, Ontario Canada M2N 6K1

                    Telephone 416 250 1212 Fax 416 250 1225
                   email general@solfeld.com www.solfeld.com
R.G.L. v. MADISON COUNTY DEPARTMENT OF HUMAN RESOURCES

2160121

Court of Civil Appeals of Alabama.

May 5, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
#### UNITED STATES of America, Plaintiff-Appellee v. Lorenzo H. AGUILAR, Defendant-Appellant

No. 15-50415 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed September 12, 2017

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, Kenneth P. Kaplan, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, El Paso, TX, for Plaintiff-Appellee

Todd A. Coberly, Coberly & Martinez, L.L.L.P., Santa Fe, NM, for Defendant-Appellant

Lorenzo H. Aguilar, Pro Se

Before JONES, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Lorenzo Aguilar, federal prisoner # 87331-280, pleaded guilty pursuant to a plea agreement to conspiracy to commit mail fraud and the deprivation of honest services, in violation of 18 U.S.C. §§ 1349, 1346, and 1341. In accordance with Federal Rule of Criminal Procedure 11(c)(1), the plea agreement provided for a sentence of not more than 48 months’ imprisonment. He did not appeal his conviction and sentence.

Subsequently, Aguilar filed a 28 U.S.C. § 2255 motion, claiming the court violated Rule 11(c)(1) by improperly participating in plea negotiations, resulting in his guilty plea’s being involuntary. The court dismissed the § 2255 motion as procedurally barred. Our court granted Aguilar a certificate of appealability (COA) on whether his claim fell outside of the procedural-default doctrine because the record was not sufficiently developed to allow the claim to be raised on direct appeal. (Aguilar also briefs issues not permitted for appeal in the COA order. In the absence of a request to broaden the grant of COA, this court’s review is limited to issues for which a COA has been granted. *United States v. Kimler,*150 F.3d 429, 430 (5th Cir. 1998).)

In reviewing the denial of a § 2255 motion, factual findings are reviewed for clear error; conclusions of law, *de novo. E.g., United States v. Cavitt,*550 F.3d 430, 435 (5th Cir. 2008). “There is no clear error if the district court’s findings are plausible in *362light of the record as a whole.” *United States v. Cisneros-Gutierrez,*517 F.3d 751, 764 (5th Cir. 2008).

Despite his admitted awareness of the court’s alleged improper participation in plea negotiations, Aguilar failed to develop the record in the court in order to properly preserve his claim for appeal. Although he could have developed the record by raising an objection in district court or moving to withdraw the plea, he did not do so. Moreover, even had his claim been limited to plain-error review on appeal, Aguilar could have supported his claim with the same documentation he provided in support of his § 2255 motion. Aguilar has not shown the court clearly erred in concluding his claim could have been raised on direct appeal.

AFFIRMED.

*

 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.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6355 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 6355

To amend the Combat Duty Pay Act of 1952 to require that former members 
  of the uniformed services who were captured or entered a missing-in-
  action status during the Korean War while serving as a member of a 
   combat unit in Korea receive combat pay for each month spent in a 
captured or missing-in-action status, rather than just a total of four 
                                months.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2023

   Mr. Ryan introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To amend the Combat Duty Pay Act of 1952 to require that former members 
  of the uniformed services who were captured or entered a missing-in-
  action status during the Korean War while serving as a member of a 
   combat unit in Korea receive combat pay for each month spent in a 
captured or missing-in-action status, rather than just a total of four 
                                months.

    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 ``Never Forgotten Korean War POW 
Act''.

SEC. 2. RECOGNITION OF ENTIRE PERIOD SPENT IN A CAPTURED OR MISSING-IN-
              ACTION STATUS DURING THE KOREAN WAR FOR RECEIPT OF COMBAT 
              PAY.

    (a) In General.--Section 704(b) of the Combat Duty Pay Act of 1952 
(title VII of Department of Defense Appropriation Act, 1953; 66 Stat. 
539) is amended by striking ``for not more than three months 
thereafter'' and inserting ``for each month thereafter''.
    (b) Application of Amendment.--
            (1) Covered persons.--Section 704(b) of the Combat Duty Pay 
        Act of 1952, as amended by subsection (a), applies only with 
        respect to a former member of the uniformed services who 
        received combat pay under such section and who is alive as of 
        the date of the enactment of this Act.
            (2) Combat pay amount.--In determining the actual amount to 
        be paid to a former member of the uniformed services covered by 
        paragraph (1), the Secretary of Defense shall increase the 
        amount determined under section 704(b) of the Combat Duty Pay 
        Act of 1952, as amended by subsection (a), using an appropriate 
        inflation adjustment.
                                 <all>
```
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

TONY E. DORAN and CHARLOTTE DORAN,

Appellants,

v.

PNC BANK, NATIONAL ASSOCIATION, 

Appellee.

No. 4D17-3181 

[November 1, 2018]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. 

Lucie County; Robert E. Belanger, Judge; L.T. Case No. 56 2011 CA 

002813 AXXXHC.

Thomas Eross, Jr., and Brittani S. Gross of The Ticktin Law Group, 

P.L.L.C., Deerfield, for appellant.

William L. Grimsley, N. Mark New, II and Kimberly Held Israel of 

McGlinchey Stafford, Jacksonville, for appellee.

PER CURIAM.

Affirmed.

MAY, LEVINE and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-21-00210-CV

ROSA BUSTILLOS AND PAULETTE 

HICKS, Appellants

V.

ADOLFO TORRES AND MARIA TORRES,

Appellees

§

§

§

§

On Appeal from County Court at 

Law No. 1

of Tarrant County (2020-002150-1)

May 19, 2022

Memorandum Opinion by Chief 

Justice Sudderth

JUDGMENT

This court has considered the record on appeal in this case and holds that there 

was error in the trial court’s judgment. It is ordered that the judgment of the trial 

court is reversed and the case is remanded to the trial court for further proceedings 

consistent with this opinion.

It is further ordered that appellees Adolfo Torres and Maria Torres shall pay all 

costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS 

By /s/ Bonnie Sudderth

 Chief Justice Bonnie Sudderth
## TEEATTORNEY G~ZNERAX. OF ?lhcx&3

Mr. Graham P. Stewart Graham, Texas Dear Mr. Stewart: OpinionNo. O-4324. Re:' Should a SO00 deposit In the First National Bank, Graham, be returned to the Brazes Rlver Conservation& ReclamationDls-

_ . trlct because the President of said Bank has been selected &nd qualified as one of theDlrecters of said District? You state in your letter of January 14, 1942, that you havebeen:appointed and hav& qualified as one of the Directors of the~BrazosRiver Conservation& ReclamationDistrict. ,,:

You state that you are the President of the First National Bank FnGraham, and that saidDistrict is carrying
an account in said Bank of $5000~.Under theabove facts YOU ask: .-

"Iwould like to be further advised by you as to whether this balance shouldbe returned to the proper authorities of theDistrict to avoid any possible criticism OF vlolatlon of the law due to the fact that I wish to serveas a Director."

was has tion 6 of saidAct provides:

The Braeos River Consepvatlon& ReclamationDistrict createdby a Speclal~Act of the Legislature in 1929, arid been amended in some respects at different times. Sec-
"TheBoard of Directors shall elect one of theirnumber President, oneVice-President, one Secretary,and appoint a Treasurer,who shall furnish a bond in the sum of seventy-fiveper cent of the amount of money estimated to be on hand during the year, In no event to be more than $100,000." There is nothing Fn'theAct creating saidDistrict that requires the Treasurer to be a member of the Board, orMr. Graham'P. Stewart, page.2 ,:. O-4324. : places any llmltatl~n on where he.shall keep the funds on deposit. The Board of Directors has general authority and:. control over the entire business of theDistrict, and it (theBoard ofDirectors) could, if itdesired,make ~recommendations to the Treasurer. His bond, however;.requLreshim as Treasurer to keep the funds and pay same out as and when directed by the Board.

It Is our opinion that It 13 not a violation of law for the Treasurer to leave the $5000 on deposit In the First Nati.onal.Bank at Graham. Whether this action would' create criticism is a question about which we do not have and could not therefore expressany opinion. Very truly yours ATTORNEY GENERAL OF TEXAS

By s/Gao.W. Barcus Geo. W. Barbus Assistant GWB:MR:wc
APPROVED JAN 27, 1942 ' s/GroverSellers FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion Commi%t& By s/BWB Chairman
IB 

Union Calendar No. 670 

118TH CONGRESS 

2D SESSION H. R. 6435 

[Report No. 118–819] 

To ensure that a declaration for a major disaster or emergency is made 

on a timely basis, rural areas receive assistance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2023 

Mrs. RODGERS of Washington introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

DECEMBER 5, 2024 

Additional sponsors: Mr. OBERNOLTE, Mrs. GONZA ́LEZ-COLO ́N, and Mr. 

KILEY

DECEMBER 5, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 6435 RH

A BILL 

To ensure that a declaration for a major disaster or emergency is made on a timely basis, rural areas receive 

assistance, and for other purposes. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 6435 RH

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 ‘‘Making Aid for Local 

5 Disasters Equal Now Act’’ or the ‘‘MALDEN Act’’. 

6 SEC. 2. RURAL ASSISTANCE. 

7 Section 326(c) of the Robert T. Stafford Disaster Re8 lief and Emergency Assistance Act (42 U.S.C. 5165d(c)) 

9 is amended— 

10 (1) in paragraph (3)(D) by striking ‘‘and’’ at 

11 the end; 

12 (2) by redesignating paragraph (4) as para13 graph (6); and 

14 (3) by inserting after paragraph (3) the fol15 lowing: 

16 ‘‘(4) with respect to a rural area impacted by 

17 a wildfire, work in coordination with the State or 

18 Tribal emergency management agency to provide 

19 guidance to the emergency manager of the rural 

20 area on developing a recovery team, including— 

21 ‘‘(A) by providing resources to help prevent 

22 flooding, mudslides, rockslides or any other nat23 ural disaster that could result after a wildfire; 

24 and 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 6435 RH

1 ‘‘(B) by identifying available resources for 

2 both short-term and long-term recovery, includ3 ing resources to help prevent a future natural 

4 disaster within the burned area; 

5 ‘‘(5) in a case in which a request for assistance 

6 to an individual or household in a rural area under 

7 section 408 is denied, work in coordination with the 

8 affected State or Tribal emergency management 

9 agency to make case workers available to the resi10 dents impacted by the major disaster or emergency; 

11 and’’. 


ssavage on LAPJG3WLY3PROD with BILLS

ssavage on LAPJG3WLY3PROD with BILLS
Union Calendar No. 670 

118TH CONGRESS 

2D SESSION H. R. 6435 

[Report No. 118–819] 

A BILL 

To ensure that a declaration for a major disaster 

areas receive assistance, and for other purposes. or emergency is made on a timely basis, rural 

DECEMBER 5, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ssavage on LAPJG3WLY3PROD with BILLS
Patty Elaine DAVIS, Appellant/Petitioner(s), v. Renado DEMOULINE, Appellee/Respondent(s).

CASE NO.: 2D17-2278

District Court of Appeal of Florida, Second District.

March 07, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       3,087,000
<SECURITIES>                                 2,967,000
<RECEIVABLES>                                9,486,000
<ALLOWANCES>                                 (385,000)
<INVENTORY>                                 10,999,000
<CURRENT-ASSETS>                            27,879,000
<PP&E>                                      23,476,000
<DEPRECIATION>                             (6,626,000)
<TOTAL-ASSETS>                              45,323,000
<CURRENT-LIABILITIES>                        7,564,000
<BONDS>                                      4,629,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        80,000
<OTHER-SE>                                  32,904,000
<TOTAL-LIABILITY-AND-EQUITY>                45,323,000
<SALES>                                     12,456,000
<TOTAL-REVENUES>                            12,456,000
<CGS>                                        7,474,000
<TOTAL-COSTS>                                7,474,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             100,000
<INCOME-PRETAX>                                329,000
<INCOME-TAX>                                   109,000
<INCOME-CONTINUING>                            220,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   220,000
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        

</TABLE>
Exhibit








Exhibit 10.25


SECOND AMENDMENT TO THE
SWIFT TRANSPORTATION COMPANY DEFERRED COMPENSATION PLAN


This amendment is made and entered into on the date indicated below by Swift Transportation Company ("Employer").


RECITALS:


A.Employer maintains the Swift Transportation Company Deferred Compensation Plan ("Plan");
B.Employer has reserved the right to amend the Plan in whole or in part; and
C.Employer intends to amend the Plan.
THEREFORE, Employer hereby adopts this Amendment as follows:
1.Section 2.9 of the Plan is amended to read as follows:
"Disability" means a written determination by the Social Security Administration that the Participant is totally disabled.
2.This Amendment is effective as of January 1, 2018.
3.Except as amended, all of the terms and conditions of the Plan shall remain in full force and effect.
Dated:    October 26, 2018            Swift Transportation Company


By:       /s/ Cheryl Maccano         
Title:       Director of Benefits        













AMENDMENT TO THE
CENTRAL REFRIGERATED SERVICE, INC.
DEFERRED COMPENSATION PLAN


This amendment is made and entered into on the date indicated below by Swift Refrigerated Service, LLC (formerly Central Refrigerated Service, Inc.) ("Company").


RECITALS:


A.Employer maintains the Central Refrigerated Service, Inc. Deferred Compensation Plan ("Plan");
B.Employer has reserved the right to amend the Plan in whole or in part; and
C.Employer intends to amend the Plan.
THEREFORE, Employer hereby adopts this Amendment as follows:
1.Section 1.8 of the Plan is amended to read as follows:
Disability means, as applied to any Participant, a written determination by the Social Security Administration that the Participant is totally disabled.  A Participant show has suffered a Disability shall be Disabled within the meaning of this Section
2.This Amendment is effective as of January 1, 2018.
3.Except as amended, all of the terms and conditions of the Plan shall remain in full force and effect.
Dated:    October 26, 2018            Swift Refrigerated Service, LLC


By:       /s/ Cheryl Maccano         
Title:       Director of Benefits
EX-10.7



 Exhibit 10.7 
 Guarantee Contract entered by and between Runyin Bio-Chemical and Shenzhen Development Bank Jinan Branch, dated April 12, 2012, for a maximum of RMB 15 million 

Main Contents 
  

	 ̈	Contract No.: 20120412004-01 

  

	 ̈	As guarantor, Runyin Bio-Chemical undertakes to assume joint and several liabilities for Shandong Xiangrui Pharmacy Co., Ltd’s indebtedness owed towards Shenzhen
Development Bank Jinan Branch under an Total Credit Authorization Agreement of 100 million RMB with contract No.: 20120412004. 

  

	 ̈	Secured Items: the loan principal, interest, penalty interest, damages, compensation and all the expenses incurred for Shenzhen Development Bank Jinan Branch to realize
its loaner’s right under the Acceptance Contract; 

  

	 ̈	Term of the loan: 6 months, from April 12, 2012 to October 12, 2012 


 

	 ̈	Guarantee period: 

  

	 ̈	Two years from the expiry date that Shandong Xiangrui Pharmacy Co., Ltd. should fulfill its obligations in accordance with the Acceptance Contract;


  

	 ̈	If term of the Acceptance Contract is extended, guarantee period shall be two years from the expiry date for Shandong Xiangrui Pharmacy Co., Ltd. to fulfill its
obligations according to the extended agreement; 

  

	 ̈	If due to the provisions of relevant PRC law or regulations or any agreement reached under the Acceptance Contract, any loan becomes mature ahead of its term, guarantee
period shall be two years starting from the advance mature date. 

  

	 ̈	Liabilities of Breach of Contract: Guarantor shall compensate Warrantee any loss suffered from Shandong Xiangrui Pharmacy Co., Ltd.’s breach of contract.


 Headlines of the articles omitted 
  

	 ̈	Commitment of guarantor 

  

	 ̈	Assumption of guarantor’s responsibility 

  

	 ̈	Dispute settlement 

  

	 ̈	Miscellaneous 

  

	 ̈	Effectiveness 

  

	 ̈	Validity
EXHIBIT 10

| **Consent of Independent Registered        Public Accounting Firm** |
|---------------------------------------------------------------------|

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-11728) pertaining to the Employees Stock Options Plan, Founders Warrants and other Warrants of Wavecom S.A., of our report dated April 7, 2008 with respect to the consolidated financial statements of Wavecom S.A., included in its Annual Report (Form 20-F) for the year ended December 31, 2007 filed with the Securities and Exchange Commission.

ERNST & YOUNG Audit

Represented by Jean-Yves JégourelParis-La Défense, FranceApril 7, 2008