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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 95-5302

TODD ALPHONSO GRIFFIN,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of North Carolina, at Statesville.

Richard L. Voorhees, Chief District Judge.

(CR-93-39)

Submitted: November 18, 1997

Decided: December 16, 1997

Before HALL, LUTTIG, and MICHAEL, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

James H. Wade, Charlotte, North Carolina, for Appellant. Mark T.

Calloway, United States Attorney, Brian L. Whisler, Assistant United

States Attorney, Charlotte, North Carolina, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________
OPINION

PER CURIAM:

Todd Alphonso Griffin appeals from his sentence imposed for violation of 18 U.S.C.A. §§ 922(g)(1), 924 (West Supp. 1997). We

affirm.

Griffin's only argument on appeal is that the district court erred in

enhancing his sentence under 18 U.S.C. § 924(e)(1) (1994). Specifically, he asserts that a 1987 conviction for felonious breaking and

entering of a commercial establishment in violation of N.C. Gen. Stat.

§ 14-54 (1993), was not a violent felony under the statute, especially

where the business was closed and no one was present on the premises. We find that Griffin's argument is erroneous under Taylor v.

United States, 495 U.S. 575, 598-99 (1990), which specifically holds

that conviction of any crime having the elements of unlawful entry

into a building or structure with the intent to commit a crime constitutes burglary for purposes of a § 924(e) enhancement. See United

States v. Bowden, 975 F.2d 1080, 1083 (4th Cir. 1992). Because

North Carolina's definition of felonious breaking and entering contains just these elements, we find that Griffin's 1987 conviction was

a prior "violent felony." We therefore conclude that the § 924(e)

enhancement was properly applied and we affirm Griffin's sentence.*

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.

AFFIRMED

_________________________________________________________________

*Griffin has also filed a petition for mandamus in relation to this

appeal which requests that this court compel the district court to rule on

his motion to correct sentence under Fed. R. Crim. P. 35(c). Because the

district court now lacks jurisdiction to consider that motion, we deny

Griffin's petition. See United States v. DeMartino, 112 F.3d 75, 81 (2d

Cir. 1997).

 2
#### N.G.C. v. C.J.C.

2 MDA 2017

Superior Court of Pennsylvania.

08/07/2017

CV 3670-2016

(Centre)

Affirmed
No. 12-294.

#### Thomas *v.*City of Staunton, Virginia, et al.

C. A. 4th Cir. Certiorari denied.
<PAGE>

                                                                   EXHIBIT 10(5)

                                 AMENDMENT TO
                             THE MEAD CORPORATION
                            1985 SUPPLEMENT TO THE
                     INCENTIVE COMPENSATION ELECTION PLAN

     WHEREAS, The Mead Corporation ("Mead") established The Mead Corporation
1985 Supplement to the Incentive Compensation Election Plan (the "Supplement")
and subsequently amended the Supplement, and

     WHEREAS, Mead desires to further amend the Supplement pursuant to the power
reserved to Mead's Compensation Committee by Section 9 of the Plan;

     NOW, THEREFORE, the Supplement is hereby amended, effective as of October
26, 2001, as follows:

     1.   Section 3 is revised to add a new fifth paragraph to read as follows
and the current fifth paragraph becomes the sixth paragraph:

               Notwithstanding any provision in the Supplement to the contrary
          but subject to this Section 3, third paragraph (except as specifically
          otherwise provided in this paragraph), a former or current Employee
          can revise the commencement date of distributions and the number of
          installments (including a lump sum payment) with respect to the amount
          credited to an Employee's account as follows:

               (i)       prior to a Change in Control, a former or current
          Employee may revise a previously elected commencement date and number
          of installments (such revision being permitted to include receiving
          all or a portion of an account in a lump sum following a Change in
          Control and prior to employment termination), provided that any such
          revision is effective only for distributions on or following a Change
          in Control and occurring during January 2003 and thereafter and with
          respect to all or a portion of the balance of such Employee's account
          on a Change in Control; and

               (ii)      at least three months prior to employment termination
          (whether before or after a Change in Control), a current Employee may
          file such revision with respect to the balance of such Employee's
          account on such termination of service.

          An Employee can make revisions in accordance with this paragraph on a
          form furnished by and filed with the person responsible for
          administering the Supplement at any time prior to the dates stated in
          this paragraph.
Exhibit 32

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 Gencor Industries, Inc. (the Company) on Form 10-Q for the quarter ending March 31, 2007 as filed with the
Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that:

(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 materials respects, the financial condition and results of operations of the Company.



|                                     |  | 
|------------------------------------ |  | 
|/s/ E.J. Elliott                     |  | 
|E.J. Elliott                         |  | 
|Chairman and Chief Executive Officer |  | 
|May 15, 2007                         |  | 
|                                     | 
|/s/ Scott W. Runkel                  |  | 
|Scott W. Runkel                      |  | 
|Chief Financial Officer              |  | 
|May 15, 2007                         |  |
No. 12-449.

#### Connolly *v.*Commissioner of Internal Revenue.

C. A. 9th Cir. Certiorari denied.
*No.*11-1395.

#### Fry *v.*United States.

C. A. *Armed*Forces. Certiorari denied.
**EXHIBIT32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with Amendment No. 2 to the AnnualReport on Form 10-KSB of Synergy Pharmaceuticals, Inc. (the“Company”) for the year ended December 31, 2007 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), Gary S.Jacob, as President and Acting Chief Executive Officer hereby certifies,pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-OxleyAct of 2002, to the best of his knowledge, respectively, that:

 

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

August 14, 2008

 

 
|   | /s/ Gary S. Jacob        |
|--------|--------------------------|
|   | Gary S. Jacob            |
|   | President and Acting CEO |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-04-1999
<PERIOD-END>                               JUL-03-1999
<CASH>                                           2,272
<SECURITIES>                                         0
<RECEIVABLES>                                   35,129
<ALLOWANCES>                                     (664)
<INVENTORY>                                     24,337
<CURRENT-ASSETS>                                66,713
<PP&E>                                          92,750
<DEPRECIATION>                                  30,758
<TOTAL-ASSETS>                                 147,707
<CURRENT-LIABILITIES>                           71,848
<BONDS>                                         65,937
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      4,581
<COMMON>                                            41
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   147,707
<SALES>                                         60,071
<TOTAL-REVENUES>                                60,071
<CGS>                                           53,704
<TOTAL-COSTS>                                   53,704
<OTHER-EXPENSES>                                 6,759
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,967
<INCOME-PRETAX>                                (2,359)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,359)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (331)
<CHANGES>                                            0
<NET-INCOME>                                   (2,690)
<EPS-BASIC>                                      (.66)
<EPS-DILUTED>                                    (.66)


</TABLE>
EXHIBIT 10.3 -  Schedule of Director Compensation

 

Compensation of Directors. Each director of the Corporation is also a director of First Financial Bank (“FFB”), the lead subsidiary bank of the Corporation, and receives directors’ fees from each organization. For 2012 a director of the Corporation and FFB will receive a fee of $750 for each board meeting attended.

 

Non-employee directors also receive a fee for meetings attended of the Audit Committee of $1,000, the Compensation Committee of $1,000, the Governance/Nominating Committee of $500, and the Loan Discount Committee of $300. Each director also will receive from a quarterly director’s fee of $11,250. No non-employee director served as a director of any other subsidiary of the Corporation.

 

Directors of the Corporation and FFB who are not yet 70 years of age may participate in a deferred director’s fee program at each institution. Under this program, a director may defer $6,000 of his or her director’s fees each year over a five-year period. When the director reaches the age of 65 or age 70, the director may elect to receive payments over a ten-year period. The amount of the deferred fees is used to purchase an insurance product which funds these payments. Each year from the initial date of deferral until payments begin at age 65 or 70, the Corporation accrues a non-cash expense which will equal in the aggregate the amount of the payments to be made to the director over the ten-year period. The Corporation expects that the cash surrender value of the insurance policy will offset the amount of expenses accrued. If a director fails for any reason other than death to serve as a director during the entire five-year period, or the director fails to attend at least 60 regular or special meetings, the amount to be received at age 65 or 70, as applicable, will be pro-rated appropriately.

 

Directors also may receive compensation previously accrued under the Corporation’s 2005 Long-Term Incentive Plan, no other benefits may be accrued under this plan. Under this plan, directors received 90, 100 or 110 percent of the director’s “award amount” if the Corporation and FFB attained certain goals established by the Corporation’s Compensation Committee. See Exhibit 10.3 to this Form 10-K for a description of this plan.
|                                                                           
|---------------------------------------------------------------------------
|                                                                           
|View History:  Monthly  Annual Download Data (XLS File)                   
|View History:  Monthly  Annual                                             
|View History:  Monthly  Annual                                             
|View History:                                                              
|                                                                           
|Florida Nonhydrocarbon Gases Removed from Natural Gas  (Million Cubic Feet)
|                                                                           
|                                                                           
|Florida Nonhydrocarbon Gases Removed from Natural Gas  (Million Cubic Feet)
|                                                                           

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            | 5,106  | 3,468  | 2,353  | 2,103  | 1,248  | 1,045  | 879    | 822    | 757    | 790   
|1990's                                                                                                                            | 681    | 531    | 682    | 721    | 762    | 642    | 700    | 793    | 751    | 769   
|2000's                                                                                                                            | 788    | 736    | 431    | 387    | 402    | 337    | 304    | 222    | 306    | 32    
|2010's                                                                                                                            | 1,529  | 2,004  | 0      | 0      | NA     | 0      | NA     | NA     | NA     | 0     
|2020's                                                                                                                            | 0      | 0      | 0      |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 5/31/2024                                                                                                          
|Next Release Date: 6/28/2024
|                                                                             
|-----------------------------------------------------------------------------
|                                                                             
|View History: Annual Download Data (XLS File)                               
|View History: Annual                                                         
|View History: Annual                                                         
|View History:                                                                
|                                                                             
|No chart available.                                                          
|No chart available.                                                          
|                                                                             
|                                                                             
|Ohio Natural Gas Underground Storage Acquifers Capacity  (Million Cubic Feet)
|                                                                             

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1990's                                                                                                                            |        |        |        |        |        |        |        |        |        | 0     
|2000's                                                                                                                            | 0      | 0      | 0      | 0      |        | 0      |        |        |        |       
|2010's                                                                                                                            |        |        | 0      |        | 0      | 0      |        | 0      | 0      | 0     
|2020's                                                                                                                            | 0      | 0      | 0      |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
Exhibit 31.1—Section 302 CertificationI, Ellen Z. Lamale, certify that:I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containingdistribution or servicing reports filed in respect of period included in the year covered bythis annual report, of Principal Life Income Fundings Trust 15;1. Based on my knowledge, the information in these reports, taken as a whole, does not containany untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading as of the last day of the period covered by this annual report; 2. Based on my knowledge, the distribution or servicing information required to be provided tothe depositor by the trustee under the pooling and servicing, or similar agreement, forinclusion in these reports is included in these reports; 3. I am responsible for reviewing the activities performed by the depositor and the trusteeunder the pooling and servicing, or similar agreement, and based upon my knowledge and theannual compliance review required under that agreement, and except as disclosed in thereports, the depositor and trustee have each fulfilled its obligations under that agreement;and 4. The reports disclose all significant deficiencies relating to the compliance by the trusteeand the depositor with the minimum servicing or similar standards based upon the reportprovided by an independent public accountant, after conducting a review in compliance with theUniform Single Attestation Program for Mortgage Bankers or similar procedures, as set forth inthe pooling and servicing, or similar agreements, that is included in these reports.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Ernst and Young and Citibank, N.A.Date: March 24, 2006     By: /s/ Ellen Z. Lamale  Name: Ellen Z. Lamale  Title: Senior Vice President and Chief Actuary
[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Notices]
[Page 24534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11724]



[[Page 24534]]

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

DEPARTMENT OF DEFENSE

Office of the Secretary


Defense Science Board Task Force on Test and Evaluation

AGENCY: Notice of advisory committee meetings.

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

SUMMARY: The Defense Science Board Task Force on Test and Evaluation 
will meet in closed session on May 27-28, 1998 at Strategic Analysis, 
Inc., 4001 N. Fairfax Drive, Arlington, Virginia.
    The mission of the Defense Science Board is to advise the Secretary 
of Defense through the Under Secretary of Defense for Acquisition and 
Technology on scientific and technical matters as they affect the 
perceived needs of the Department of Defense. At this meeting the Task 
Force will review the entire range of activities relating to Test and 
Evaluation and recommend new and innovative ways that the T&E community 
can better support the warfighter.
    In accordance with Section 10(d) of the Federal Advisory Committee 
Act, Public Law 92-463, as amended (5 U.S.C. App. II, (1994)), it has 
been determined that this DSB Task Force meeting concerns matters 
listed in 5 U.S.C. 552b(c)(1) (1994), and that accordingly this meeting 
will be closed to the public.

    Dated: April 28, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-11724 Filed 5-1-98; 8:45 am]
BILLING CODE 5000-04-M
No. 12-6408.

#### O’Brien *v.*United States.

C. A. 1st Cir. Certiorari denied.