alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Larry Ray WARD, a/k/a Red, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

No. 15-7128

United States Court of Appeals, Fourth Circuit.

Submitted: April 28, 2017

Decided: May 16, 2017

Larry Ray Ward, Appellant Pro Se. Shailika S. Kotiya, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Larry Ray Ward, a federal prisoner, appeals the district court’s order denying his 28 U.S.C. § 2241 (2012) petition. We have reviewed the record and find no reversible error. Ward has failed to satisfy his burden of demonstrating that 28 U.S.C. § 2255 (2012) is an inadequate or ineffective means of challenging, the validity of his detention. *See United States v. Poole,*531 F.3d 263, 267 n.7 (4th Cir. 2008). The district court lacked jurisdiction over Ward’s petition, *Rice v. Rivera,*617 F.3d 802, 807 (4th Cir. 2010), and we therefore modify its order, *Ward v. United States,*No. 5:11-cr-00286-D-1 (E.D.N.C. June 25, 2015), to reflect a dismissal without prejudice for lack of jurisdiction and affirm the dismissal as modified, 28 U.S.C. § 2106 (2012). 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 AS MODIFIED*
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#### James Selden, Appellant, v. Joseph Bayley, Respondent.

(Argued April 3, 1872 ;

decided April 9, 1872.)

*M. 8. Thompson*for the appellant.

*I). C. Cal/oin*for the respondent.

Agree to affirm. Ro opinion.
#### William A. Holdren, Respondent, *v.*Orval C. Morris et al., Individually and as Co-partners under the Firm Name of Morris & Reimann, Appellants.

Submitted February 23, 1943;

decided March 4, 1943.

*Clayton M. Smith*for motion.

No one opposed.

Motion dismissed with ten dollars costs and necessary printing disbursements on the ground that the order does not finally determine the action within the meaning of the Constitution.
#### WILDCAT LICENSING WI, LLC, Appellant v. ADIENT PLC, Appellee

2016-1422

2016-1425

United States Court of Appeals, Federal Circuit.

December 20, 2016

Donald Robert Dunner, Finnegan, Henderson, Farabow, Garrett *&*Dunner, LLP, Washington, DC, argued for appellant. Also represented by Jeffrey Salmon, Jeffrey W. Salmon Law LLC, Glenview, IL.

Matthew B. Lowrie, Foley & Lardner LLP, Boston, MA, argued for appellee. Also represented by George Christopher Beck-, Chase James Brill, Washington, DC.

(Newman, Mayer, and Lourie, Circuit Judges).

JUDGMENT

PER CURIAM

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
Exhibit 23





Consent of Independent Registered Public Accounting Firm





Metro Bancorp, Inc. and subsidiaries


Harrisburg, Pennsylvania





We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-87329, No. 333-161114 and No. 333-169683) and Form S-8 (No. 333-82085, No. 333-82083, No. 333-87313, No. 333-61634, No. 333-61636, No. 333-122490, No. 333-128382, No. 333-155931, No. 333-155930, No. 333-169712 and No. 333-169684) of Metro Bancorp, Inc. (the “Company”) of our reports dated March 16, 2011 , relating to the Company's consolidated financial statements and the effectiveness of the Company's internal control over financial reporting, which appear in the Annual Report to Shareholders, which is incorporated by reference in this Annual Report on Form 10-K.











/s/ ParenteBeard LLC





ParenteBeard LLC


Harrisburg, Pennsylvania


March 16, 2011
#### NON COMMISSIONED OFFICERS ASSOCIATION OF the UNITED STATES OF AMERICA, et al., Plaintiffs, v. ARMY TIMES PUBLISHING COMPANY, Defendant-Appellee, v. Joseph M. BELTH, Intervenor-Appellant.

No. 80-1907.

United States Court of Appeals, Fifth Circuit. Unit A

July 7, 1981.

John C. Sims, Washington, D.C., for intervenor-appellant.

Michael S. Horne, Washington, D.C., for defendant-appellee.

Before BROWN and GARZA, Circuit Judges, and SCHWARTZ,* District Judge.

*

 District Judge of the Eastern District of Louisiana, sitting by designation.

PER CURIAM:

The opinion, *Non Commissioned Officers Association v. Army Times Publishing Co.,*637 F.2d 372 (5th Cir. 1981), on the summary calendar having been withdrawn on the request of a member of the panel, the case has been orally argued. Upon that argument the Court determines that the District Court was not in error in declining intervention. We therefore reinstate the opinion with this modification of the opening paragraph:

> “Appellant, Joseph M. Belth, appeals the denial of a motion to intervene filed pursuant to F.R.Civ.P. 24. Belth is an insurance professor and current editor of The Insurance Forum. *The Army Times*(published by Army Times Publishing Co.) is a publication that had at one time carried several articles criticizing the type of insurance policies offered to members of the Non Commissioned Officers Association.”

We also point out that *Airlines, Inc. v. McDonald,*432 U.S. 385, 97 S.Ct. 2464, 53 L.Ed.2d 423 (1977); *Martindale v. ITT,*594 *84F.2d 291 (2d Cir. 1979); *Olympic Refining Co. v. Carter,*332 F.2d 260 (9th Cir. 1963), do not compel a different result.

AFFIRMED.
<Page>

                                                                   Exhibit 32.2

                           CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

   The undersigned, Ronald J. Ivans, Chief Financial Officer of the managing
owner, Prudential Securities Futures Management Inc. (the 'Managing Owner'), of
Prudential Securities Strategic Trust (the 'Trust'), hereby certifies, pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

   (1) The Trust's Quarterly Report on Form 10-Q for the period ending September
       30, 2003, as filed with the Securities and Exchange Commission on the
       date hereof (the 'Quarterly 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 Quarterly Report fairly presents, in all
       material respects, the financial condition and results of operations of
       the Trust.

/s/ Ronald J. Ivans
-----------------------------------------------
Ronald J. Ivans
Chief Financial Officer of the Managing Owner
November 14, 2003
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

January 27, 2009 

d0120 

Order 

 

January 27, 2009 

136294(48) 

SAM ANDRES, d/b/a 

SCHOOLCRAFT AUTO BODY, 

Plaintiff-Appellant, 

v SC: 136294 

 COA: 276473 

Kalamazoo CC: 06-000065-NO 

TIM BROWN, 

Defendant-Appellee. 

_________________________________________/ 

 On order of the Court, the motion for reconsideration of this Court’s September 

19, 2008 order is considered, and it is DENIED, because it does not appear that the order 

was entered erroneously.
<TABLE> <S> <C>



<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           1,681
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 4,845
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 582,183
<CURRENT-LIABILITIES>                          182,665
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        19,648
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   40,351
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (40,351)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43444

STATE OF IDAHO ,

Plaintiff

- Respondent ,

v.

DANIEL BERNARD STONE ,

Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2016 Unpublished Opinion No. 505

Filed: April 28, 2016

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Samuel A. Hoagland , District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of two years, for grand theft by possession of stolen property, affirmed

.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy , Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________
Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Daniel Bernard Stone pled guilty to grand theft by possession of stolen property . I.C.

§§ 18

- 2403(4), 18

- 2407(1), 18

- 2409, and 18

- 204 . The district court sentenced Stone to a unified

term of ten years, with a minimum period of conf inement of two years

. Stone filed an I.C.R 35

motion, which the district court denied. Stone appeals.
Sentencing is a matter for the trial court’s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of the sentence are well established and2

need not be repeated here. See State v. Hernandez , 121 Idaho 1 14, 117

- 18, 822 P.2d 1011, 1014

- 15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Stone ’s judgm ent of conviction and sentence are affirmed.
Exhibit
4.36




Waiver
dated November 24, 2008 to Letter Agreement, dated April 30, 2008, between
FirstInternational Bank of Israel, as lender, and AudioCodes Ltd., as
borrower.




(English
Summary of Documents in Hebrew)


Date:
            November
      24, 2008Parties:
            First
      International Bank of IsraelBorrower:
            AudioCodes
      Ltd.Financial
      Covenants:




In
relation to the following covenant:




-         Until
repayment of 2% Senior Convertible Notes Due 2024 in November 2009, cash and
investments not less than $120 million and cash balance not less than $15
million.




The
parties agreed that the Lender shall not be entitled to immediate repayment of
Borrower’s obligation due to Borrower’s buyback in October 22, 2008 of $50
million of Senior Convertible Notes.
<PAGE>
                                                                    EXHIBIT 32.1

   CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section906 of the
Sarbanes-Oxley Act of 2002, I, John Chapple, President, Chief Executive Officer
and Chairman of the Board, certify that:

1. To my knowledge, this report fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

2. To my knowledge, the information in this report fairly presents, in all
material respects, the financial condition and results of operations of Nextel
Partners, Inc. as of December 31, 2005.

Date: March 15, 2006                        /s/ JOHN CHAPPLE
                                            -----------------------
                                            John Chapple
                                            President, Chief Executive Officer
                                            and Chairman of the Board
**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 February 7, 2004 except for Note 10 and Note 16, as to which the date is February 10, 2005, with respect to the consolidated financial statements of Wavecom, included in its Annual Report (Form 20-F/A) for the year ended December 31, 2003, filed with the Securities and Exchange Commission.

ERNST & YOUNG Audit 

Represented by Jean-Yves Jégourel 

Paris-La Défense, FranceFebruary 28, 2005

 

----
SPAR GROUP, INC.


                                                                    EXHIBIT 32.2

              CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly  report on Form 10-Q for the three month period
ended June 30, 2005 (this "report"), of SPAR Group, Inc. (the "registrant"), the
undersigned hereby certifies 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, as amended, and

2. The  information  contained in the report  fairly  presents,  in all material
respects, the financial condition and results of operations of the registrant.

                                            /s/ Charles Cimitile
                                            ------------------------------------
                                            Charles Cimitile
                                            Chief Financial Officer, Treasurer
                                            and Secretary

                                            August 15, 2005


A SIGNED  ORIGINAL OF THIS  WRITTEN  STATEMENT  REQUIRED BY SECTION 906 HAS BEEN
PROVIDED TO SPAR GROUP,  INC.  AND WILL BE  RETAINED  BY SPAR GROUP,  INC.,  AND
FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.













                                      Ex-4
**Exhibit 99.9**Management’s Report on Internal Control over Financial ReportingManagement of Brookfield Properties Corporation is responsible for establishing andmaintaining adequate internal control over financial reporting. Internal control over financialreporting is a process designed by, or under the supervision of, the President and Chief ExecutiveOfficer and the Chief Financial Officer and effected by the Board of Directors, management andother personnel to provide reasonable assurance regarding the reliability of financial reportingand the preparation of financial statements for external purposes in accordance with generallyaccepted accounting principles.Due to its inherent limitations, internal controls over financial reporting may not prevent ordetect misstatements on a timely basis. Also, projections of any evaluation to the effectiveness ofinternal control over the financial reporting to future periods are subject to the risk that thecontrols may become inadequate because of changes in conditions, or that the degree of compliancewith the policies or procedures may deteriorate.Management assessed the effectiveness of Brookfield Properties’ internal control over financialreporting as at December 31, 2006, based on criteria established in Internal Control—IntegratedFramework issued by the Committee of Sponsoring Organizations of the Treadway Commission. Based onthis assessment, management believes that, as at December 31, 2006, Brookfield Properties’ internalcontrol over financial reporting is effective. Also, management determined that there were nomaterial weaknesses in Brookfield Properties’ internal control over financial reporting as atDecember 31, 2006. Management excluded from its assessment the internal control over financialreporting at Trizec, which was acquired on October 5, 2006 and whose financial statementsconstitute 26 percent and 42 percent of net and total assets, respectively, 16 percent of revenues,and (3) percent of net income of the consolidated financial statement amounts as of and for theyear ended December 31, 2006.Management’s assessment of the effectiveness of Brookfield Properties’ internal control overfinancial reporting as at December 31, 2006, has been audited by Deloitte & Touche LLP, IndependentRegistered Chartered Accountants, who also audited Brookfield Properties’ Consolidated FinancialStatements for the year ended December 31, 2006, as stated in the Report of Independent RegisteredChartered Accountants, which expressed an unqualified opinion on management’s assessment ofBrookfield Properties’ internal control over financial reporting and an unqualified opinion on theeffectiveness of Brookfield Properties’ internal control over financial reporting.
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