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

**No. 16**  **- 6439** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. NELSON RAFAEL ZAPATA

- VICENTE , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond
. James R. Spencer , Senior District Judge. ( 3:01

- cr - 00061

- JRS

- 1 )

Submitted : June 23 , 2016 Decided: June 29, 2016

Before MOTZ , KING, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion
. Nelson Rafael Zapata

- Vicente, Appellant Pro Se. Angela Mastandrea

- Miller, Robert E. Trono, Assistant United States Attorneys, Richmond, Virginia, for Appellee
. Unpublished opinions are not bindin g precedent in this circuit.2 PER CURIAM: Nelson Rafael Zapata

- Vicente appeals the district court ’ s order denying his 18 U.S.C. § 3582(c)(2) (2012) motion for a sentence reduction
. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially * for the reasons stated by the district court. United States v. Zapata

Vicente , No. 3:01

- cr - 00061

- JRS

- 1 (E.D. Va. Jan. 12, 2016)
. 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 decisional process.

AFFIRMED

* Although the district court mistakenly stated that Zapata

Vicente was held responsible for more than 450 kilograms of cocaine base , the record reveals that he was responsible for more than 450 kilograms of cocaine . Because the district court correctly co ncluded that Zapata

- Vicente’s Guidelines range remains unchanged under Amendment 782, we affirm the denial of relief.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7075

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v. JAMES CLAYTON LANDINGHAM, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. C. Weston Houck, Senior District Judge. (4:02-cr-00274-CWH-3)

Submitted: November 19, 2009 Decided: December 2, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Clayton Landingham, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: James Clayton Landingham appeals the district court’s order denying his motion for a reduction of sentence filed pursuant to 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the

record and find the district court did not abuse its discretion in denying the motion. See United States v. Goines , 357 F.3d 469, 478 (4th Cir. 2004) (motion under § 3582(c) “is subject to the discretion of the district court”); United States v. Legree , 205 F.3d 724, 727 (4th Cir. 2000). Thus, we affirm the district

court’s order for the reasons stated there. See United States v. Landingham , No. 4:02-cr-00274-CWH-3 (D.S.C. filed May 22, entered May 26, 2009). 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
Exhibit 31.2

                           ANNUAL COMPLIANCE REPORT

      I, David J. Kolibachuk, being an officer of U.S. Bank Trust National
Association, the Trustee in respect of the Corporate Backed Trust
Certificates, Ford Motor Company Note-Backed Series 2003-6 Trust (the
"Trust"), certify that:

   1. I have reviewed this annual report on Form 10-K in respect of the Trust
      and all reports on Form 8-K containing distribution or servicing reports
      of the Trust filed by Lehman ABS Corporation in respect of periods
      included in the year covered by this annual report of the Trust;

   2. Based on my knowledge, the information in those 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 information required to be
      provided to the Depositor or the certificateholders by the Trustee under
      the pooling and servicing or similar agreement for inclusion in such
      distribution reports is included in such reports; and

   4. I am responsible for reviewing the activities performed by the Trustee
      under the pooling and servicing or similar agreement and based on my
      knowledge, except as disclosed in such reports, the Trustee has
      fulfilled its obligations under that agreement.



Date: March 21, 2007


       /s/ DAVID J. KOLIBACHUK
--------------------------------------
David J. Kolibachuk, Vice President
Exhibit 32.1

CERTIFICATION OF PERIODIC REPORT

Each of the undersigned, in his capacity
as an officer of The Princeton Review, Inc. (the Company), hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that:



| | 1) | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended March 31, 2011 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |        |  |                                      
|----------------- |  | ------ |  | -------------------------------------
|Date: May 6, 2011 |  | By:    |  | /s/ JOHN M. CONNOLLY                 
|                  |  | Name:  |  | John M. Connolly                     
|                  |  | Title: |  | President and Chief Executive Officer
|                  |  |       
|Date: May 6, 2011 |  | By:    |  | /s/ CHRISTIAN G. KASPER              
|                  |  | Name:  |  | Christian G. Kasper                  
|                  |  | Title: |  | Chief Financial Officer              

A signed original
of this written statement required by Section 906 has been provided to The Princeton Review, Inc. and will be retained by The Princeton Review, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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.                  

###### Pension Benefit Guaranty Corporation

# AGENCY:

Pension Benefit Guaranty Corporation.

# ACTION:

Notice.

# SUMMARY:

The Pension Benefit Guaranty Corporation (PBGC) announces the appointment of members of the PBGC Performance Review Board.

# SUPPLEMENTARY INFORMATION:

In accordance with 5 U.S.C. 4314(c)(4), made applicable by PBGC's Senior Level Performance Management System, PBGC announces the appointment of those individuals who have been selected to serve as members of PBGC's Performance Review Board. The Performance Review Board is responsible for making recommendations on each senior level (SL) professional's annual summary rating, performance-based adjustment, and performance award to the appointing authority.

The following individuals have been designated as members of PBGC's 2024 Performance Review Board:

1. Ann Orr, Acting Director

2. David Foley, Chief of Benefits Administration

3. Patricia Kelly, Chief Financial Officer

4. Alice Maroni, Chief Management Officer

Issued in Washington, DC.

Ann Y. Orr,

Acting Director, Pension Benefit Guaranty Corporation.

[FR Doc. 2024-29553 Filed 12-13-24; 8:45 am]

BILLING CODE 7709-02-P
Exhibit 32.1

Certification of the Chief Executive Officer

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 Annual Report of Inergy Holdings, L.P. (the Company) on Form 10-K for the period ended September 30, 2006 as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, John J. Sherman, Chief Executive Officer of Inergy Holdings, L.P., certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 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 material
respects, the financial condition and results of operations of the Company.



|                       |  |                                        
|---------------------- |  | ---------------------------------------
|                       |  | /s/    JOHN J.
SHERMAN                 
|Date: December 6, 2006 |  | John J. Sherman Chief Executive Officer

A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
KPMG								Exhibit 99.1a
KPMG LLP

Suite 2300

401 South Tryon Street

Three First Union Center

Charlotte, NC 28202-1911
**Independent Accountants' Report

 

The Board of Directors

Wachovia Bank National Association:

We have examined management's assertion, included in the accompanying report, that the Commercial Real Estate Servicing Division of Wachovia Bank National Association (the Bank) complied with the minimum servicing standards set forth in the Mortgage Bankers Association of America's (MBA's) Uniform Single Attestation Program for Mortgage Bankers, except for minimum servicing standards V.4. and VI.I., which the MBA has interpreted as being inapplicable to the servicing of commercial and multifamily loans, as of and for the year ended December 31, 2003. Management is responsible for the Bank's compliance with those minimum servicing standards. Our responsibility is to express an opinion on management's assertion about the Bank's compliance based on our examination.

Our examination was conducted in accordance with attestation standards established by the American   Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence   about the Bank's compliance with the minimum servicing standards specified above and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Bank's compliance with the minimum servicing standards.

In our opinion, management's assertion that the Bank has complied with the aforementioned minimum servicing standards as of and for the year ended December 31, 2003 is fairly stated, in all material       respects.
*KPMG LLP

March 10, 2004

 

 

 

 

 

 

 

 

KPMG LLP, KPMG LLP, a US limeted liability partnership, is

A member of KPMG International, a Swiss association***
J.C., The Mother, Appellant(s)/Petitioner(s), v. DEPARTMENT OF CHILDREN AND FAMILIES, et al., Appellee(s)/Respondent(s),

CASE NO.: 3D17-2737

District Court of Appeal of Florida, Third District.

JANUARY 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
##### Table of Contents



UNITED STATES
 SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 
 FORM 8-K
 
 CURRENT REPORT
 Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported): March 10, 2006
 
 HELIX BIOMEDIX, INC.
 (Exact name of registrant as specified in its charter)
 
 DELAWARE
(State or other jurisdiction
of incorporation or organization)
    
    033-20897-D
(Commission File Number)
    
    91-2099117
(IRS Employer
Identification No.)
 22122 20 th Avenue S.E., Suite 148
Bothell, Washington 98021
(425) 402-8400
(Address and telephone number of registrants principal executive offices)
 
  o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))




---



TABLE OF CONTENTS  Item 3.02 Unregistered Sales of Equity Securities.Item 9.01 Financial Statements and Exhibits.SIGNATURESEXHIBIT 99.1    Table of Contents  
 Item 3.02     Unregistered Sales of Equity Securities.
  
 Item 9.01     Financial Statements and Exhibits.
  Exhibit No.
    
    Description99.1
    
    Press release, dated March 13, 2006, issued by Helix BioMedix, Inc.




---



##### Table of Contents



SIGNATURES
  HELIX BIOMEDIX, INC.Dated: March 13, 2006
    By:
    /s/ R. Stephen BeattyR. Stephen BeattyPresident and Chief Executive Officer
|                                        |                                    |                                  |
|---------------------------------------------|-----------------------------------------|---------------------------------------|
|                                        | **ETELCHARGE.COM,                INC.** |
|                                   |                               |                             |
| Date: November                14, 2007 | By:                           | /s/                Robert M. Howe III |
|                                        |                                         |
|                                        | Chief                Executive Officer  |

|                                        |                                       |                            |
|---------------------------------------------|--------------------------------------------|---------------------------------|
|                                        | **ETELCHARGE.COM,                INC.**    |
|                                   |                                  |                       |
| Date: November                14, 2007 | By:                              | /s/                Robyn Priest |
|                                        |                                            |
|                                        | Principal                Financial Officer |
# C_2021474EN.01033501.xml

| 24.11.2021 | EN | Official Journal of the European Union | C 474/335 |
| --- | --- | --- | --- |

24.11.2021

EN

Official Journal of the European Union

C 474/335

---

P9_TA(2021)0078

Equivalence of field inspections and equivalence of checks on practices for the maintenance of varieties of agricultural plant species carried out in the UK ***I

European Parliament legislative resolution of 11 March 2021 on the proposal for a decision of the European Parliament and of the Council amending Council Decisions 2003/17/EC and 2005/834/EC as regards the equivalence of field inspections and the equivalence of checks on practices for the maintenance of varieties of agricultural plant species carried out in the United Kingdom (COM(2020)0853 — C9-0431/2020 — 2020/0379(COD))

(Ordinary legislative procedure: first reading)

(2021/C 474/32)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2020)0853), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2020)0853),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0431/2020), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0431/2020),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 27 January 2021 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 27 January 2021 (1),

| — | having regard to Rules 59 and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 59 and 163 of its Rules of Procedure,

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| --- | --- |

2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

---

(1)  Not yet published in the Official Journal.

---

P9_TC1-COD(2020)0379

Position of the European Parliament adopted at first reading on 11 March 2021 with a view to the adoption of Decision (EU) 2021/... of the European Parliament and of the Council amending Council Decisions 2003/17/EC and 2005/834/EC as regards the equivalence of field inspections and the equivalence of checks on practices for the maintenance of varieties of agricultural plant species carried out in the United Kingdom

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2021/537.)

---
Form of Severance Plan Participation Agreement

Exhibit 10.2




[date]


 


________________


________________


________________


 


Dear _____:


 


I am writing to inform you that you have been designated as an “Eligible Executive” for purposes of the Energy Conversion Devices, Inc. Executive Severance Plan, as amended from time to time (the “Plan”).  This means that, upon the execution of this Agreement, below, you will be eligible to receive the severance benefits described in the Plan in the event you experience a “Qualifying Termination” (as defined under the Plan).  For purposes of the Plan, your Severance Period, if you have a “Qualifying Termination,” is __ months, except that if the “Qualifying Termination” occurs within ___ months after a “Change in Control” (as defined under the Plan), the Severance Period shall be __ months.   


 


In addition, by signing below and in consideration of the opportunity to participate in the Plan and for good and other consideration, you agree to be bound by the covenants set forth in Section 5 of the Plan.  Your participation in the Plan does not confer any right to continue in the employ of the Company or any of its affiliates.


 


The Company reserves the right to amend the Plan at any time subject to the terms of the Plan, provided, however that the Plan will not be amended without your consent (except if necessary to comply with the law) to reduce the benefits payable to you for three (3) years after the date of this letter.


 


Please sign below and return the original to [name] no later than [____ days after the date of this letter] [date].


 


Sincerely, 


 


[name]


 

 


Consent:


 


I have read the Plan and agree to its terms, and I agree to be bound by the terms of the covenants in Section 5 of the Plan.  This Agreement supersedes all, if any, prior agreements and communications, whether oral or written, between the Company and me regarding the subject matter of the Plan, including severance benefits.


 


 





	
             

 
 	
             
 	
Date
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

HERITAGE PROPERTY & CASUALTY INSURANCE COMPANY,

Appellant,

v.

ACC MASTERCRAFT ROOFING CONTRACTORS, INC. a/a/o VILLAS 

DE TUSCANY CONDOMINIUM ASSOCIATION, INC.,

Appellee.

No. 4D22-0483

[August 3, 2022]

Appeal of a nonfinal order from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Sandra Perlman, Judge; L.T. Case No. 

CACE21-5252.

George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa, for 

appellant.

Garrett William Haakon Clifford of Vishio Forry PLLC, Naples, and 

Matthew F. Watkins of Kirwan, Spellacy, Danner, Watkins & Brownstein 

P.A., Naples, for appellee.

PER CURIAM.

Affirmed. See Merrick Preserve Condo. Ass’n, Inc. v. Cypress Prop. & 

Cas. Ins. Co., 315 So. 3d 45, 50 (Fla. 4th DCA 2021).

GROSS, MAY and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.