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

No. 23
- 6409

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. JAVIER BROWN, a/k/a Juv , Defendant

- Appellant

.

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

. Mary G. Lewis, District Judge. ( 3:16

- cr - 00630

- MGL

- 1 ; 3:21

- cv - 00568

- MGL )

Submitted : August 24, 2023 Decided: August 29, 2023

Before QUATTLEBAUM and HEYTENS , Circuit Judges , and MOTZ, Senior Circuit Judge

.
Dismissed by un published per curiam opinion

.
Javier Brown , Appellant Pro Se. Winston David Holliday, Jr., Assistant U nited S tates Attorney , OFFICE OF THE UNITED STATES ATTORNEY , Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6409 Doc: 6 Filed: 08/29/2023 Pg: 1 of 22 PER CURIAM: Javier Brown seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 225 5 motion . The order is not appealable unl ess a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)( B ). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists c ould find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis , 580 U.S. 100, 115

- 17 (20 17). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitutional right. Gonzalez v. Tha ler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473,
484 (2000))

. We have independently reviewed the record and conclude that Brown has not made the requisite showing. See United States v. Davis , __ F.4th __, __, No. 20

- 4433, 2023 WL 4876392, at *9

- 13 (4th Cir. Aug. 1, 2023). 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 this court a nd argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 23-6409 Doc: 6 Filed: 08/29/2023 Pg: 2 of 2
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 7268** 

MICHAEL P. GRAFMULLER , Petitioner

- Appellant ,

v. JOSEPH WEGNER, Director, Air Force Corrections , Respondent

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Norfolk

. Raymond A. Jackson , District Judge. ( 2:13

- cv - 00050

- RAJ

- DEM )

Submitted : January 14, 2016 Decided: January 20, 2016

Before AGEE , WYNN, and FLOYD, Circuit Judges.

Affirmed by un published per curiam opinion

.

Michael P. Grafmuller , Appellant Pro Se. Joel Eric Wilson, Assistant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this cir cuit.2 PER CURIAM: Michael P. Grafmuller appeals the district court’s orders denying his Fed. R. Civ. P. 60(b)(4) motion to vacate his prior criminal convictions by a general court martial and denying his Fed. R. Civ. P. 59(e) motion to reconsider. The Fe deral Rules of Civil Procedure do not provide a vehicle by which Grafmuller may challenge his criminal judgment. See Fed. R. Civ. P. 1, 81; United States v. Mosavi , 138 F.3d 1365, 1366 (11th Cir. 1998) (per curiam) (“Rule 60(b) simply does not provide rel ief from judgment in a criminal case.”). We therefore affirm the district court’s orders. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the de cisional process.

AFFIRMED
APPENDIX A

                                PLAN OF EXCHANGE

         This Plan of  Exchange  has been  adopted  as of the 11th day of March,
1999,  by and between First South  Bancorp,  Inc.,  (the "Holding  Company") and
First South Bank (the "Bank").

         1. The name of the  corporation  whose shares will be acquired is First
South Bank.

         2. The name of the acquiring corporation is First South Bancorp, Inc.

         3. At the Effective  Time, as hereinafter  defined,  every  outstanding
share of the common  stock of the Bank shall be  exchanged  for and one share of
the common  stock of the  Holding  Company  without  any  further  action by the
holders  of shares  of common  stock of the Bank.  At the  Effective  Time,  the
Holding Company shall,  without any further action,  become the owner and holder
of all of the issued and outstanding shares of the common stock of the Company.

         4. The  Effective  Time shall be the time  stated in, or, if no time is
stated,  the time of the  filing of, the  Articles  of Merger or Share  Exchange
filed with the South Carolina Secretary of State.

         5. After the  Effective  Time,  persons who were  holders of the common
stock of the Bank at and before the Effective  Time shall have no further rights
as shareholders of the Bank.

         6. After the Effective time,  certificates  representing  shares of the
common  stock of the  Bank  shall  evidence  only the  right of the  holders  to
surrender such certificates to the Holding Company and receive  certificates for
an equivalent number of shares of common stock of the Holding Company.
[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Notices]
[Page 20974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: Z9-9395]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


 Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Development of Voluntary Standard (ANSI/ROV--
1--200X) for Recreational Off-Highway Vehicles

Correction

    In notice document E9-9395 appearing on page 18747 in the issue of 
April 24, 2009, make the following corrections:

    1. On page 18747, the subject is corrected to read as set forth 
above.
    2. On the same page, in the second column, in the final paragraph, 
``September 12, 200 (7 FR 53043)'' is corrected to read ``September 12, 
2008 (73 FR 53043)''.

[FR Doc. Z9-9395 Filed 5-5-09; 8:45 am]
BILLING CODE 1505-01-D
Exhibit 99.1

                                 CERTIFICATION

I, Craig Overlander, certify that:

     1.   I have reviewed this annual report on Form 10-K, and all reports on
          Form 8-K containing distribution or servicing reports filed in
          respect of periods included in the year covered by this annual
          report, of Trust Certificates (TRUCs), Series 2001-4 Trust;

     2.   Based on my knowledge, the information in these reports, taken as a
          whole, 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 as of the last day of the period covered by this
          annual report;

     3.   Based on my knowledge, the distribution or servicing information
          required to be provided to the depositor by the trustee under the
          pooling and servicing, or similar, agreement for inclusion in these
          reports is included in these reports; and

     4.   I am responsible for reviewing the activities performed by the
          depositor and the trustee under the trust agreement and based upon
          my knowledge and the annual compliance review required under that
          agreement, and except as disclosed in the reports, the depositor and
          the trustee have each fulfilled its obligations under that
          agreement.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: U.S. Bank Trust National
Association, as trustee, and its officers and agents.

                                    By: /s/ Craig M. Overlander
                                    -----------------------------------------
                                    Name: Craig M. Overlander
                                    Title: Chief Executive Officer/President,
                                    Bear Stearns Depositor Inc.
                                    Date: March 30, 2006
* 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. 00-50659

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE RODRIGUEZ-AYALA, also known as

Manuel Monares-Quintero,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-00-CR-333-1-H

- - - - - - - - - -

February 15, 2001

Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Jose Rodriguez-Ayala appeals his sentence following his

guilty plea conviction for illegal re-entry after deportation in

violation of 8 U.S.C. § 1326. Rodriguez argues that his sentence

should not have exceeded the two-year maximum sentence under 8

U.S.C. § 1326(a). Rodriguez acknowledges that his argument is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224

(1998), but he seeks to preserve the issue for Supreme Court

review in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). 
No. 00-50659

- 2 -

Rodriguez’s argument is foreclosed by Almendarez-Torres, 523

U.S. at 235. 

The Government has moved for a summary affirmance in lieu of

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

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is granted.

AFFIRMED; MOTION GRANTED.
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Data Access        March 4, 2019        National Water Information System (NWIS) Mapper
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To
the Board of Directors
True Religion Apparel, Inc. and Subsidiary

We
hereby consent to the incorporation by reference in the previously filed Registration Statements on Form S-3 (No. 333-133681) and
Form S-8 (No. 333-128663), (No. 333-119580), (No. 333-119578), of our reports dated March 23, 2007 (except for paragraph 6 of
Note 2, as to which the date is April 29, 2008), relating to the consolidated financial statements and financial statement schedule of True Religion Apparel, Inc. (the "Company")
which report expresses an unqualified opinion and includes explanatory paragraphs relating to the adoption in 2006 of Statement of Financial Accounting Standards No. 123 (Revised), "Share-Based
Payment," and the restatement of the financial statements as of December 31, 2006 and for the two years then ended, appearing in this Annual Report on Form 10-K for the year
ended December 31, 2007.

We
also consent to the reference to us under the caption "Experts" in the Prospectus.

/s/
STONEFIELD JOSEPHSON, INC.

CERTIFIED
PUBLIC ACCOUNTANTS
Los Angeles, California
April 29, 2008

---



QuickLinks
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

I hereby certify that a true and correct copy of the foregoing was served through ECF on the debtor’s attorney or by U.S. First Class 

pre-paid Mail on the pro se debtor on the same day filed with the Court.

Submitted by:

NANCY K. NEIDICH, ESQ, STANDING CHAPTER 13 TRUSTEE

P.O. BOX 279806, MIRAMAR, FL 33027, (954) 443-4402

RE: LIZ ECHEVARRIA CASE NUMBER:21-13441-LMI

TRUSTEE'S NOTICE OF DEFICIENCY FOR CONFIRMATION AND RECOMMENDATION

The Trustee reviewed this case and found the following deficiencies remain unresolved from the Trustee’s letter 

requesting documents and prior deficiencies and thus objects as follows (If this case is dismissed, this 

deficiency is an objection to reinstatement until all documents are received or all issues are addressed): 

WRITTEN RESPONSE TO ISSUES RAISED AND/OR DOCUMENTS REQUESTED MUST BE 

RECEIVED BY 5PM AT LEAST FIFTEEN DAYS (NOT INCLUDING HOLIDAYS) PRIOR TO THE 

CONFIRMATION HEARING TO AVOID DISMISSAL. Please note: documents that were not timely 

filed/received by the trustee may not be considered as there is not sufficient time for an additional review of this 

case. Call the Trustee's case administration department prior to “re-sending” documents. The Trustee 

reserves the right to raise additional objections UNTIL all documents are timely provided to the Trustee and 

reviewed for possible issues raised and additional documents needed. 

The debtor or debtor’s attorney must appear at the confirmation hearing even if they pre-hear with the 

Trustee. The debtor may be dismissed for failure to fund the plan if they are delinquent in payments. 

The Court may dismiss this case if no one appears to represent the debtor at the confirmation hearing.

IMPORTANT NOTICE: IF THE DEBTOR(S) OBJECTS TO THE TRUSTEE'S RECOMMENDATION, THE 

DEBTOR'S ATTORNEY MUST CONTACT THE TRUSTEE'S OFFICE AND SPEAK TO AN ATTORNEY 

BEFORE 2PM THE LAST BUSINESS DAY PRIOR TO THE CONFIRMATION HEARING TO SEEK A 

RESOLUTION OR THE RECOMMENDATION WILL BE DEEMED UNCONTESTED BY THE DEBTOR. 

===============================================================================

Recommendation for September 9, 2021 hearing. All amendments and documents for the September 9, 

2021 hearing were due as of August 23, 2021. (Call the Trustee's case administration department prior to 

"re-sending" documents)

2AP served on 6/24

If Counsel for the Debtor(s) appears at confirmation, confirms service, and agrees on the record:

Continue to 10/12:

Due on or before 5pm on 9/23: 1) amend Sch I to provide new employment, 2) obj/conform to cl#1 & #4, 3) 

explain why vehicles 16 Dodge & 19 VW not disclosed in Sch’s (POCs filed), 4) FMV of vehicle, 5) bank stmts 

#3737 (3/20-4/12), 6) need new plan form 6/4

Case 21-13441-LMI Doc 41 Filed 09/02/21 Page 1 of 1
UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

www.flsb.uscourts.gov

 Case No. 21-20444 LMI 

 Chapter 11, Subchapter V 

IN RE: 

SKY MEDIA PAY, INC. 

Debtor / 

ORDER GRANTING DEBTOR’S 

EMERGENCY MOTION TO LEASE 

PROPERTY OF THE ESTATE (ECF 

NO.94)_ 

THIS CAUSE came before the Court, without hearing, upon the Debtor’s 

Emergency Motion to Lease Property of the Estate (ECF 94) and the Court having 

reviewed the Motion, including its assertion of there being no objection to the Motion 

being granted, but no agreement, by the secured Creditor International Finance Bank. 

Neither the secured creditor Epic West Condominium Association nor the Subchapter V 

Laurel M. Isicoff

Chief United States Bankruptcy Judge

___________________________________________________________________________

ORDERED in the Southern District of Florida on March 16, 2022.

Case 21-20444-LMI Doc 95 Filed 03/16/22 Page 1 of 3
Trustee object to the Motion being granted, it is therefore, 

ORDERED that the Debtor’s Motion is GRANTED as follows:

1. Debtor may sign the lease agreement attached to the Motion to Lease Property of 

the Estate (ECF 94), specifically, the units at 200 Biscayne Blvd. Way,

Units 4801and 4811, Miami, FL 33130 (the “Units”). 

2. Lease funds must be deposited into Debtor’s Debtor in Possession account.

Funds may be used for post-petition monthly maintenance assessment

payments due Epic West Condominium Association, Inc. (“Association”) with 

respect to the Units and to International Finance Bank for post-petition mortgage 

payments due on the Units or otherwise disbursed only upon confirmation of a 

Chapter 11 plan or by order of the court. 

3. Upon signing the lease, Debtor must pay to secured creditor Epic West

Condominium Association a refundable deposit of $20,000 for the association

maintenance of units 4811 and 4801. 

4. The Debtor shall pay and maintain current all post-petition maintenance

assessments due the Association (the “Assessments”) and the mortgage

payments to International Finance Bank on a monthly basis (the “Note 

Payments”) with respect to the Units. Should the Debtor default in payment of 

the Assessments or Note Payments then, upon fourteen (14) days written notice 

to Debtor’s counsel, the Association and International Finance Bank may seek 

and require the tenant in the Units to pay rents directly to the Association or 

International Finance Bank. 

### 

Submitted by: 

Roshawn Banks 

Attorney for Debtor 

RBanks@thealllawcenter.com

PO Box 25978 

Fort Lauderdale, FL 33320 

(954) 747-1843

FBN: 156965

The party submitting this order shall serve a copy of the signed order on all parties listed 

below and file with the court a certificate of service conforming with Local Rule 2002-1(F). 

Debtor 

Case 21-20444-LMI Doc 95 Filed 03/16/22 Page 2 of 3
Attorney for Debtor 

U.S. Trustee 

Attorney for Creditor's Committee or 

if none, 20 largest unsecured creditors 

All appearances 

Case 21-20444-LMI Doc 95 Filed 03/16/22 Page 3 of 3
acad-ex101_64.htm



 

Exhibit 10.1

ACADIA Pharmaceuticals Inc.

 

Description of Outside Director Compensation Program

 

(Updated July 17, 2017)

 

The Board of Directors (the "Board") of ACADIA Pharmaceuticals Inc. ("ACADIA") has approved the following fees that are payable and options to be awarded to the non-management directors who are members of the Board:

 


		
	
Annual Retainer
	
$50,000

	
Additional Retainer for Board Chair
	
$30,000

	
Additional Retainer for Audit Chair 
	
$20,000

	
Additional Retainer for Audit Member (non-Chair)
	
$10,000

	
Additional Retainer for Compensation Chair
	
$20,000

	
Additional Retainer for Compensation Member (non-Chair)
	
$10,000

	
Additional Retainer for Nominating and Corporate Governance Chair
	
$10,000

	
Additional Retainer for Nominating and Corporate Governance Member (non-Chair)
	
$ 5,000

	
 
	
 

	
 
	
 

	
Options
	
15,000 upon joining Board

	
 
	
15,000 annual grant thereafter

	
Commercial Committee
	
15,000 grant for 2017

	
Scientific Committee
	
15,000 grant for 2017




 

 

The Annual Retainer amounts are payable following the first meeting of the Board that follows the annual meeting of ACADIA's stockholders. Annual option grants to directors are made at the Board meeting following the annual meeting of stockholders in accordance with the provisions of stock option plans that have been approved by ACADIA's stockholders.  The annual retainer amount may be pro- rated for a director that joins the Board other than at the first meeting of the Board following the annual meeting of stockholders. Initial option grants made upon election to the Board vest over two years following the date of grant, and annual option grants vest at the rate of 1/4th each three months after the date of grant.  Commercial and Scientific Committee 2017 option grants will vest at the rate of 1/4th each three months after the date of the 2017 Annual Meeting of Stockholders.

 

1
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 18

- 00002

- CR

Larry Donnell GIBBS

, Appellant

v.

The STATE of Texas,

Appellee

From the 49th Judicial District Court, Webb County, Texas

Trial Court No. 2015 CRR 001320 D

- 1

Honorable Jose A. Lopez, Judge Presiding

BEFORE JUSTICE ALVAREZ

, JUSTICE RIOS , AND JUSTICE WATKINS

In accordance with this court’s opinion of this date, the trial court’s judgment is

AFFIRMED.

SIGNED December 27, 2019.

_____________________________ Beth Watkins, Justice
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### General Services Administration

          - 41 CFR Part 301-11
          - [FTR Amendment 2009-03; FTR Case 2009-303; Docket Number 2009-0001, Sequence 3]
          - RIN 3090-AI88

### Correction

In rule document E9-8176 beginning on page 16327 in the issue of Friday, April 10, 2009 make the following correction:

      ( print page 17437)    
§301-11.18

On page 16328, in the §301-11.18, in the table, in the sixth column, in the second entry, “1” should read “11”.

[FR Doc. Z9-8176 Filed 4-14-09; 8:45 am]

BILLING CODE 1505-01-D