alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 17

- 14290 Non

- Argument Calendar

________________________ D.C. Docket No s. 1:16

- cv - 22455

- DLG , 1:05

- 20664

- DLG

- 1 CEDRICK PONDER , P etitioner

- Appell ant ,
versus UNITED STATES OF AMERICA , Responde nt

- Appell ee .

________________________ Appeal from the United States District Court for the Southern District of Florida

________________________ ( August 7, 2019 ) Before MARCUS, JORDAN , and ROSENBAUM , Circuit Judg es. PER CURIAM: Cedrick Ponder appeals the district court’s denial of his authorized second or successive 28 U.S.C. § 2255 motion to vacate his sentence for being a felon in

Case: 17-14290 Date Filed: 08/07/2019 Page: 1 of 22 possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Mr. Ponder argues that the sentence

— which was enhanced to a mandatory minimum 15 years pursuant to the Armed Career Criminal Act (ACCA) , see 18 U.S.C. § 924(g)(1)

— is unconstitutional under Johnson v. United States , 135 S. Ct. 2551 (2015)

. After the district court denied his motion, but before briefing in this appeal commenced, we issued Beeman v. United States , 871 F.3d 1218 (11th Cir. 2017) , which established a § 2255 movant ’s burden when seeking relief under Johns on . Assuming that Mr. Ponder could satisfy the requirement s of Beeman , we affirm the denial of § 2255 relief. We have held that both Florida aggravated assault and Florida robbery

— Mr. Ponder’s two unchallenged convictions

— satisfy the ACCA’s elements clause. See Turner v. Warden Coleman FCI (Medium) , 709 F.3d 1328 , 1337

– 39 (11th Cir. 2013): United States v. Lockley , 632 F.3d 1238, 1246 (11th Cir. 2011). See also Stokeling v. United States , 139 S. Ct. 544, 555 (2019) (holding that Florida robbery satisfies the ACCA’s elements clause). As Mr. Ponder concedes, these cases constitute binding precedent for t his panel. Accordingly, we affirm. AFFIRMED . Case: 17-14290 Date Filed: 08/07/2019 Page: 2 of 2
Exhibit 10.10

AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT

This Amendment No. 2 to
Employment Agreement entered into as of December 15, 2010 (this Amendment), between Stephen R. Lee, Ph.D. (Employee) and OraSure Technologies, Inc., a Delaware corporation (the Company).

WHEREAS, the parties have previously entered into an Employment Agreement, dated as of September 23, 2005, as amended (the
Original Agreement); and

WHEREAS, Section 409A of the Internal Revenue Code of 1986 (the Code)
and the guidance issued thereunder imposes certain rules and regulations on arrangements that provide for the payment of non-qualified deferred compensation; and

WHEREAS, the Original Agreement provides for the payment of non-qualified deferred compensation and therefore must comply with the requirements of Code Section 409A as revised from time to time; and

WHEREAS, the parties desire to amend the Original Agreement as more fully set forth herein to ensure compliance with
Section 409A of the Code and the rules and regulations thereunder.

NOW, THEREFORE, intending to be legally bound, the
parties hereby agree as follows:

1. Expenses. Section 6.8.2 of the Original Agreement is hereby amended to restate the last
sentence of the first paragraph of such Section as follows:

Subject to Section 6.10, all payments will be made (or
commenced) under this Section 6.8 on the 90th day after termination of employment hereunder.

2. Effect of Amendment. Except
as amended hereby, the Original Agreement shall remain in full force and effect. All references to the Agreement shall hereafter be deemed to mean the Original Agreement as amended by this Amendment.

3. Counterparts and Facsimiles. This Amendment may be executed, including execution by facsimile signature, in one or more counterparts, each of
which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument.

4. Governing Law. This
Amendment shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Pennsylvania without regards to the application of the principles of conflicts of laws.



---

The parties have executed this Amendment as of the date indicated above.



|                          |  |  |  |                            |  |                       
|------------------------- |  |  |  | -------------------------- |  | ----------------------
|                          |  |  |  | ORASURE TECHNOLOGIES, INC.
|                          |  |  | 
|/s/ Stephen R. Lee, Ph.D. |  |  |  | By:                        |  | /s/ Douglas A. Michels
|Stephen R. Lee, Ph.D.     |  |  |  | Title:                     |  | President & CEO       
|                          |  |  |  | Name:                      |  | Douglas A. Michels
```

[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Notices]
[Page 1206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00028]

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

POSTAL SERVICE

Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal ServiceTM.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: January 7, 2025.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 26, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 1202 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2025-1000, K2025-999.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2025-00028 Filed 1-6-25; 8:45 am]
BILLING CODE 7710-12-P
```
Exhibit 4.3


 


Consent of Independent Registered
Public Accounting Firm


We consent to the
reference made to our firm under the caption “Independent Registered Public Accounting Firm” in Part B of the Prospectus
and to the use of our report dated October 4, 2016, in this Registration Statement (Form S-6 No. 333-212828) of Smart Trust 267,
comprising Smart Trust, Morningstar Dividend Yield Focus Trust, Series 15.


 


/s/ Grant
Thornton LLP


 


Chicago, Illinois


October 4, 2016
Marcel WRIGHT, Appellant, v. STATE of Florida, Appellee.

No. 4D18-3498

District Court of Appeal of Florida, Fourth District.

[March 7, 2019]

**DECISION WITHOUTPUBLISHED OPINION**

Affirmed.
Skylar O'KELLY v. STATE of Mississippi

2016-CT-01147-COA

Supreme Court of Mississippi.

Filed: January 2, 2019 Closed: April 11, 2019

Motion Desc: Petition for Certiorari.

Certiorari - Denied.
---

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

I, Geoffrey O. Last, Chief Financial Officer of Digital Ecosystems
  Corp. (the “Company”), hereby certify pursuant to 18 U.S.C. Section
  1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
  that, to the best of my knowledge:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company,
        for the fiscal quarter ended December 31, 2004, and to which this certification
        is attached as Exhibit 32.2 (the “Report”) fully complies
        with the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934, as amended; and
| | ---- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                                      
| | (ii) | the information contained in the Report fairly presents,
        in all material respects, the financial condition and results of operations
        of the Company.                                                                                                                                                                 

| | By:    | /s/ Geoffrey O. Last   
| | ------ | -----------------------
| |        |                        
| | Name:  | GEOFFREY O. LAST       
| |        |                        
| | Title: | Chief Financial Officer
| |        |                        
| | Date:  | March 7, 2005          

A signed original of this written statement required by
  Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant
  and will be retained by the Registrant and furnished to the Securities and Exchange
  Commission or its staff upon request.

This certification accompanies the Form 10-QSB to which
  it relates, is not deemed filed with the Securities and Exchange Commission
  and is not to be incorporated by reference into any filing of the Registrant
  under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether
  made before or after the date of the Form 10-QSB), irrespective of any general
  incorporation language contained in such filing.

---
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41253

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JAIRO RENATO MORALES-CORTEZ, also known as Jairo Renato Morales,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:15-CR-527-1

Before JONES, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jairo Renato 

Morales-Cortez has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Morales-Cortez has not filed a response. 

We have reviewed counsel’s brief and the relevant portions of the record 

reflected therein. We concur with counsel’s assessment that the appeal 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

June 21, 2016

Lyle W. Cayce

Clerk

 Case: 15-41253 Document: 00513558715 Page: 1 Date Filed: 06/21/2016
No. 15-41253

2

presents no nonfrivolous issue for appellate review. Accordingly, counsel’s 

motion for leave to withdraw is GRANTED, counsel is excused from further 

responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 15-41253 Document: 00513558715 Page: 2 Date Filed: 06/21/2016
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously finds this case suitable for decision without **

oral argument. See Fed. R. App. P. 34(a)(2).

IH/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CESAR MARTIN CORTES PIMENTEL;

AUDALIA PATINO,

 Petitioners,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 05-70633

Agency Nos. A075-647-237

 A075-653-157

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted November 17, 2009** 

Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.

Cesar Martin Cortes Pimentel and Audalia Patino, husband and wife and

natives and citizens of Mexico, petition pro se for review of the Board of

Immigration Appeals’ order dismissing their appeal from an immigration judge’s

FILED

DEC 07 2009

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
IH/Research 2 05-70633

(“IJ”) decision denying their application for cancellation of removal. Our

jurisdiction is governed by 8 U.S.C. § 1252. We review de novo claims of due

process violations in immigration proceedings, Sanchez-Cruz v. INS, 255 F.3d 775,

779 (9th Cir. 2001), and we dismiss in part and deny in part the petition for review. 

We lack jurisdiction to review the IJ’s discretionary determination that

petitioners failed to show exceptional and extremely unusual hardship to a

qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.

2003). 

Petitioners contend that the IJ violated due process by denying them an

opportunity to fully present their case before a fair and neutral judge. Contrary to

petitioners’ contention, the proceedings were not “so fundamentally unfair that

[they were] prevented from reasonably presenting [their] case.” Colmenar v. INS,

210 F.3d 967, 971 (9th Cir. 2000) (citation omitted). Moreover, petitioners failed

to demonstrate that additional evidence or testimony may have affected the

outcome of the proceedings. See id. (requiring prejudice to prevail on a due

process challenge).

Petitioners’ contention that the agency violated their due process rights by

disregarding their evidence of hardship is not supported by the record and does not

amount to a colorable constitutional claim. See Martinez-Rosas v. Gonzales, 424
IH/Research 3 05-70633

F.3d 926, 930 (9th Cir. 2005). The IJ’s interpretation of the hardship standard falls

within the broad range authorized by the statute. See Ramirez-Perez v. Ashcroft,

336 F.3d 1001, 1004-06 (9th Cir. 2003). 

PETITION FOR REVIEW DISMISSED in part; DENIED in part.
1 

PD-0281-15

Ct. of Appeals No. 08-13-00119-CR

IN THE COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

THE STATE OF TEXAS, Petitioner

v. 

JEFFREY GENDRON, Respondent

NOTICE OF DESIGNATION OF COUNSEL FOR RESPONDENT

TO THE COURT OF CRIMINAL APPEALS: 

Respondent, Jeffrey Gendron, files this notice of designation of 

counsel pursuant to Rule 6.1(b) of the Texas Rules of Appellate Procedure. 

Timothy A. Hootman is hereby designated as counsel for respondent in the 

Court of Criminal Appeals. 

 Respectfully submitted,

 /s/Timothy A. Hootman 

 Timothy A. Hootman

 SBN 09965450 

 2402 Pease St

 Houston, TX 77003

 713.247.9548

 713.583.9523 (f) 

 Email: thootman2000@yahoo.com 

ATTORNEY FOR RESPONDENT, JEFFREY 

GENDRON

PD-0281-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 3/20/2015 8:54:42 PM

Accepted 3/25/2015 10:48:08 AM

ABEL ACOSTA

CLERK
2

CERTIFICATE OF SERVICE

I certify that on this day, the above document was served 

electronically through the electronic filing manager or email on the parties 

below.

Lisa C. McMinn

State Prosecuting Attorney

John R. Messinger

Assistant State Prosecuting Attorney

P.O. Box 13046

Austin, TX 78711

John.Messinger@SPA.Texas.gov

Brock Benjamin

747 E. San Antonio Ave., Ste. 203

El Paso, TX 79901

brock.benjamin@gmail.com

Joe Monsivais

Assistant District Attorney

500 E. San Antonio, Rm 201

El Paso, TX 79901

JoMonsivais@epcounty.com

Dated: March 20, 2015

/s/Timothy A. Hootman

Timothy A. Hootman
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT

CRAIG W. KACZAY, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D22-285 November 8, 2023 Appeal from the Circuit Court for Pasco County; Gregory G. Groger, Judge. D. Keith Hammond, New Port Richey, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Laura Dempsey, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Affirmed. SLEET, C.J., and CASANUEVA and BLACK, JJ., Concur. Opinion subject to revision prior to official publication.
Barry RANDOLPH, Appellant, v. James REBARCHAK, Appellee.

No. 1D17-4460

District Court of Appeal of Florida, First District.

March 25, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Case 3:00-cv-02377-N Document 92 Filed 01/28/04 Page 1 of 3 PageID 300
Case 3:00-cv-02377-N Document 92 Filed 01/28/04 Page 2 of 3 PageID 301
Case 3:00-cv-02377-N Document 92 Filed 01/28/04 Page 3 of 3 PageID 302
Jason MARCELLUS, Appellant, v. STATE of Florida, Appellee.

No. 4D19-305

District Court of Appeal of Florida, Fourth District.

[March 28, 2019]

**DECISION WITHOUTPUBLISHED OPINION**

Affirmed.
```

[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Page 1985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00288]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2024-OS-0109]

Submission for OMB Review; Comment Request

AGENCY: Office of the Under Secretary of Defense for Acquisition and 
Sustainment (USD(A&S)), Department of Defense (DoD).

ACTION: 30-Day information collection notice.

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

SUMMARY: The DoD has submitted to the Office of Management and Budget 
(OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act.

DATES:  Consideration will be given to all comments received by 
February 10, 2025.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Reginald Lucas, (571) 372-7574, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title; Associated Form; and OMB Number: Defense Materiel 
Disposition Procedures for the Sale of DoD Materiel; DLA Form 2536; OMB 
Control Number 0704-0534.
    Type of Request: Revision.
    Number of Respondents: 102.
    Responses per Respondent: 1.
    Annual Responses: 102.
    Average Burden per Response: 90 minutes.
    Annual Burden Hours: 153.
    Needs and Uses: This collection is necessary for the DoD and its 
representatives to assess the ability of prospective purchasers to 
comply with applicable laws and regulations before the sale of 
materiel. Defense Logistics Agency (DLA) Form 2536, ``Statement of 
Intent,'' is used to identify the nature of the purchaser's business, 
where the materials will be stored, and what the buyer's intentions are 
with the materiel (i.e., use the materiel as intended, re-sell to 
others, scrap the materiel for recovery of contents, or re-refine or 
re-process the materiel).
    Affected Public: Business or other for-profit.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    DOD Clearance Officer: Mr. Reginald Lucas.

    Dated: January 3, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-00288 Filed 1-8-25; 8:45 am]
BILLING CODE 6001-FR-P
```
# Exhibit 32.1

Each
of Patrick K. Gill, Chief Executive Officer, and James A. Luyk, Chief Financial Officer,
of OAK Financial Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(1) | the Annual Report on Form 10-K for the fiscal year ended December 31, 2006 which
          this statement accompanies 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 Annual Report on Form 10-K for the fiscal year
          ended December 31, 2006 fairly presents, in all material respects, the
          financial condition and results of operations of OAK Financial Corporation.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 9, 2007

| |  | /s/ Patrick K. Gill

Patrick K. GillChief Executive Officer
| |  | -------------------------------------------------------------------------

| |  | /s/ James A. Luyk

James A. LuykChief Financial Officer and Chief Operating Officer
| |  | -------------------------------------------------------------------------------------------------

A signed original of this
certification has been provided to OAK Financial Corporation and will be retained by OAK
Financial Corporation and furnished to the Securities and Exchange Commission upon
request.
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly, Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
Justices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk January 29, 2010

0125 

# Order

January 29, 2010

139923

ALLIANCE OBSTETRICS & GYNECOLOGY, P.L.C., Plaintiff-Appellee,

v SC: 139923 COA: 280125 Court of Claims: 06-000167-MT DEPARTMENT OF TREASURY, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the August 4, 2009 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.
EX PARTE Harriett HOLLOWAY

1160969 (CR-16-0299)

Supreme Court of Alabama.

September 15, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Cert. denied.
Case 2:03-cv-00320-J Document 21 Filed 08/09/06 Page 1 of 2 PageID 80
 

 Case 2:03-cv-00320-J Document 21 Filed 08/09/06 Page 2 of 2 PageID 81