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### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OFA MERICA ,

Plaintiff-Appellee,

v. No. 01-4827



#  J UAN G ONZALEZG OMEZ , a/k/a Isidre Enrique German-Campos, a/k/a Bossman, Defendant-Appellant. 

# 

Appeal from the United States District Court for the Western District of North Carolina, at Asheville.

Lacy H. Thornburg, District Judge.

(CR-01-10) Submitted: April 9, 2002 Decided: April 29, 2002 Before WILKINS, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL Ronald C. True, Asheville, North Carolina, for Appellant. Robert J. Conrad, Jr., United States Attorney, Thomas R. Ascik, Assistant United States Attorney, Asheville, North Carolina, for Appellee.Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION
PER CURIAM:Juan Gonzalez Gomez appeals his conviction and sentence for conspiracy to possess with intent to distribute at least 500 grams of methamphetamine, in violation of 21 U.S.C.A. §§ 841 and 846 (West 1994 & Supp. 2001). Finding no error, we affirm. Gomez contends the district court abused its discretion in admitting evidence of his July 1999 arrest for possessing methamphetamine. Wereview the district court’s decision to admit evidence for abuse of discretion. United States v. Murray , 65 F.3d 1161, 1170 (4th Cir. 1995). Gomez’s July 1999 arrest for possession of methamphetamineoccurred during the time frame charged in the indictment. We therefore find the district court did not abuse its discretion in admitting this evidence. Gomez contends the district court erred in denying his post-verdict motions for judgment of acquittal and for a new trial. A jury’s verdict must be upheld on appeal if there is substantial evidence in the record to support it. Glasser v. United States , 315 U.S. 60, 80 (1942). In determining whether the evidence in the record is substantial, we view the evidence in the light most favorable to the government and inquire whether there is evidence that a reasonable finder of fact could accept as adequate and sufficient to support a conclusion of a defendant’s guilt beyond a reasonable doubt. United States v. Burgos ,94 F.3d 849, 862 (4th Cir. 1996) (en banc). In evaluating the sufficiency of the evidence, we do not review the credibility of witnesses and assume the jury resolved all contradictions in the testimony for the government. United States v. Romer , 148 F.3d 359, 364 (4th Cir. 1998). Gomez argues it was not reasonable for the jury to believe thetestimony of his co-conspirators. Because we do not review the credibility of witnesses, we find Gomez’s claims meritless. 2 U NITED S TATES v. G OMEZFor these reasons, we affirm Gomez’s conviction and sentence. We dispense with oral argument because the facts and legal contentionsare adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED 3 U NITED S TATES v. G OMEZ
Exhibit 32.1
 
 CERTIFICATION
PURSUANT TO 18 U.S.C. SEC. 1350
 (SECTION
906 OF SARBANES-OXLEY ACT OF 2002)
 
 In
connection with the Annual Report of, Corporate Outfitters, Inc. (the "Company")
on Form 10-K for the period ending March 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David Taigen,
President, Chief Executive Officer, Chief Financial Officer and Director of the
Company, hereby certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to
Sec. 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.
 
 Dated:
June 28, 2008
 
 By:
              /s/
      David TaigenDavid
      Tagien, President,Chief
      Executive Officer,Chief
      Financial Officer and Director
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

January 29, 2007 Clifford W. Taylor,

 Chief Justice 

132472 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132472 

 COA: 270870 

Wayne CC: 85-003706

ROBERT HARRELL,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the August 4, 2006 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant’s motion 

for relief from judgment is prohibited by MCR 6.502(G). 

p0122 

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. 

January 29, 2007 

 Clerk
exv10w1






Exhibit 10.1




[RENEGY LETTERHEAD]




January 16, 2009




Robert M. Worsley

3418 N. Val Vista Dr.

Mesa, Arizona 85213




Re:     Amendment of your Employment Agreement dated May 8, 2007, as amended by
that certain Letter Agreement dated October 1, 2008



Dear Bob:




     This letter agreement is intended to amend certain provisions and to clarify and confirm our
mutual understanding concerning certain aspects of your Employment Agreement, dated May 8, 2007,
between you and the Company, as amended by the certain Letter Agreement, dated October 1, 2008,
between you and the Company (your “Employment Agreement”).



     You agree that 50% of your Base Salary to be earned for the period between January 1, 2009 and
March 31, 2009 will be payable in restricted stock instead of cash. Accordingly, your Base Salary,
which is currently $400,000 on an annual basis, for the period between January 1, 2009 and March
31, 2009 will be payable as follows, subject to your continued employment with the Company and the
terms of your Employment Agreement:




	 	(i)	 	$50,000 will be payable in cash in accordance with normal payroll practices; and
	 
	 	(ii)	 	$50,000 will be payable in the form of 100,000 shares of the Company’s restricted stock
issued as of January 16, 2009 and vesting in full on March 31, 2009.





     Notwithstanding any provision in your Employment Agreement to the contrary, you agree and
acknowledge that the amendment to the payment terms of your Base Salary (as set forth above) shall
not constitute “Good Reason” as that term is defined in your Employment Agreement.



     The intent of this letter agreement is for all payments made hereunder to comply with the
requirements of Section 409A; to the extent any terms of this letter agreement are ambiguous, such
terms shall be interpreted in accordance with such intent.



     Except as described in the above amendments, this letter agreement does not change your
Employment Agreement in any way. All capitalized terms not defined herein shall have the meaning
ascribed thereto in the Employment Agreement.



 









 





     This instrument may be executed in several counterparts, each of which shall be deemed to be
an original, but all of which together will constitute one and the same instrument.



     Please confirm you understanding and
agreement to the above by signing in the place indicated
below.


	 	 	 	 	 
	 	Very truly yours,

RENEGY HOLDINGS, INC.
 	 
	 	/s/ Robert W. Zack
 	 
	 	Name:  	Robert W. Zack 	 
	 	Title:  	Chief Financial Officer 	 
	 



Agreed and Accepted:




	 	 	 
	/s/ Robert M. Worsley
 

Robert M. Worsley
Exhibit 10(n)-1


 


January 20, 2009


 


RESOLUTION


 


TCF FINANCIAL CORPORATION


Compensation / Nominating / Corporate Governance Committee


Independent Sub-Committee


 


RE:  Amendment of Goal Under
Director Stock Grant Program


 


WHEREAS,
vesting of restricted stock awards to directors under the TCF Financial Directors
Stock Grant Program is based on the attainment of a goal (currently 20% ROTE);
and


 


WHEREAS,
if the goal is not achieved in any year, no vesting occurs for that year,
except if some or all of the restricted shares are not vested on the basis of
goals by ten (10) years after the grant date, and if the director is still
with the company on that date, then any remaining restricted shares will become
vested on that date.


 


WHEREAS
a subcommittee of the Compensation Committee (the “Independent Subcommittee”)
comprised of Directors Goldberg and Schwalbach has been established, the
members of which meet the requirements for “outside director” status under
Internal Revenue Code Section 162(m) and “non-employee director”
status under Securities and Exchange Commission Rule 16b-3; and


 


WHEREAS,
the Independent Subcommittee recommends amendment of the goal for 2009 and
thereafter.


 


NOW, THEREFORE BE IT HEREBY


 


RESOLVED,
that the goal for vesting of restricted stock awards under the Directors Stock
Grant Program for fiscal year 2009 and thereafter shall be attainment of the
median return on average equity (as defined in the Amended and Restated TCF
Financial Incentive Stock Program) during the same period by TCF Financial’s
peer group.


 


FURTHER
RESOLVED, that TCF Financial’s peer group each year shall be as disclosed in
the proxy for the year in question.


 


FURTHER
RESOLVED, that the terms of the Directors Stock Grant Program remain unchanged
and in full force in effect, and therefore if the goal is not achieved, no
vesting occurs for that year; however, if some or all of the restricted shares
are not vested on the basis of goals by ten (10) years after the grant
date, and if the director is still with the company on that date, then any
remaining restricted shares will become vested on that date.


 


 


CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Lawrence Stephenson, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Armitage Mining
     Corp.;

2.   Based on my knowledge, this quarterly report 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 with respect to the period covered by
     this quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly report, fairly present in all
     material respects the financial condition, results of operations and cash
     flows of the registrant as of, and for, the period presented in this
     quarterly report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures to ensure that
          material information relating to the registrant, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which this quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS  WHEREOF,  the undersigned has executed this  certification as of the
9th day of August, 2005.


/s/  Lawrence Stephenson
---------------------------------
Chief Executive Officer
Exhibit 31

                                                           [LOGO] IndymacBank(R)

                                  CERTIFICATION

I, Blair Abernathy, certify that:

1.    I have reviewed this report on Form 10-K and all reports on Form 10-D
      required to be filed in respect of the period covered by this report on
      Form 10-K of IndyMac IMSC Mortgage Loan Trust 2007-AR2 (the "Exchange Act
      periodic reports");

2.    Based on my knowledge, the Exchange Act periodic reports, taken as a
      whole, do 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
      with respect to the period covered by this report;

3.    Based on my knowledge, all of the distribution, servicing and other
      information required to be provided under Form 10-D for the period covered
      by this report is included in the Exchange Act periodic reports;

4.    Based on my knowledge and the servicer compliance statement(s) required in
      this report under Item 1123 of Regulation AB, and except as disclosed in
      the Exchange Act periodic reports, the servicer has fulfilled its
      obligations under the servicing agreement in all material respects; and

5.    All of the reports on assessment of compliance-with servicing criteria for
      asset-backed securities and their related attestation reports on
      assessment of compliance with servicing criteria for asset-backed
      securities required to be included in this report in accordance with Item
      1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been
      included as an exhibit to this report, except as otherwise disclosed in
      this report. Any material instances of noncompliance described in such
      reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: Deutsche Bank National
Trust Company and Newport Management Corporation.

Date: March 26, 2008



/s/ Blair Abernathy
-----------------------
Blair Abernathy
Executive Vice President
(Senior Officer in Charge of Securitization of the Depositor)
January 27, 2009 8K Exhibit 10.14





                                                                       Exhibit 10.14 





10100 Santa Monica Blvd   Suite 430   Los Angeles, CA 90067

Tel   (888) 808-4667  Fax   (310) 859-1601

 www.mymedicalrecords.com





November 23, 2005

Mr. Bernie Stolar

2811 Vallejo Street

San Francisco, CA 94123

Dear Dr. Stolar:

This Letter Agreement sets forth the terms under which you agree to act as a marketing and strategic planning advisor for
MyMedicalRecords.com ("MMR"), effective on the last date executed below.  As such, you will seek actively strategic
partnerships and alliances with other entities to market MMR's products and services.

Under this Agreement, MMR agrees to compensate you for your services as follows:

(1)  $50,000 per year payable monthly starting the earlier of the date MMR raises Two Million Dollars ($2,000,000) in equity and
January 1, 2006.

(2)  Commissions in the amount of one percent (1%) of revenue generated directly through your efforts, payable on net cash
receipts received from those clients, quarterly 30 days following the end of each quarter.

Either party may terminate this Agreement upon thirty (30) days prior written notice.  This Agreement will renew automatically for
successive one year periods unless terminated by either party.  The parties are aware of Mr. Stolar's directorship on the board of
MMR and understand that this relationship is independent of that directorship and that compensation under this Agreement is not
consideration for that directorship.  This Agreement is governed by the laws of the State of California without regard to that state's
choice of law doctrine.


	
MyMedicalRecords.com 


By: /s/ Robert H. Lorsch            11/23/2005

Robert H. Lorsch                    
      Date




Title: CEO

	
Mr. Bernie Stolar



By: /s/ Bernie Stolar             11/23/2005

Bernie Stolar                    
      Date
# L_2017333EN.01004501.xml

| 15.12.2017 | EN | Official Journal of the European Union | L 333/45 |
| --- | --- | --- | --- |

15.12.2017

EN

Official Journal of the European Union

L 333/45

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/2331

of 14 December 2017

conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘La Clape’ (PDO)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:

| (1) | In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘La Clape’ sent by France and has published it in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘La Clape’ sent by France and has published it in the Official Journal of the European Union (2).

| (2) | No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013. |
| --- | --- |

(2)

No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.

| (3) | In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘La Clape’ should be protected and entered in the register referred to in Article 104 of that Regulation. |
| --- | --- |

(3)

In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘La Clape’ should be protected and entered in the register referred to in Article 104 of that Regulation.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘La Clape’ (PDO) is hereby protected.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 December 2017.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  
  OJ C 259, 9.8.2017, p. 3.

2

---
Jude Michael WILLIAMS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-408

District Court of Appeal of Florida, Fifth District.

Opinion filed July 26, 2019

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

*1282After careful and thorough review, we affirm as to all but one issue raised in this appeal. We agree that the trial court erred in failing to include in its written sentencing order that Appellant, a juvenile at the time he committed the crimes of first-degree murder and armed burglary, is entitled to a judicial review of his sentence. Accordingly, we reverse only as to that issue and remand solely for entry of a corrected judgment and sentence providing for a judicial sentence review hearing after twenty-five years from the date of his original sentencing in accordance with section 921.1402(2)(a), Florida Statutes (2018). *See**Robinson v. State* , 249 So.3d 791, 792 (Fla. 5th DCA 2018).

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.

LAMBERT, EDWARDS and GROSSHANS, JJ., concur.
Exhibit 32.1   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 Tagalder Global Investment, Inc. (the "Company") on Form 10-QSB for the period ending March 31, 2007 (the "Report"), I, Chun Ka Tsun, Chief Executive Officer of the Company, 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 Report fully complies with the requirement 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 Company's financial position and results of operations.  /s/Chun Ka TsunChun Ka Tsun, Chief Executive Officer June 6, 2007
Shamond Danta WILLIAMS and Shatarious Raymoine Cobb v. STATE

CR-16-0565

Court of Criminal Appeals of Alabama.

March 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 14-14456

Non-Argument Calendar

________________________

D.C. Docket No. 2:12-cv-00115-LGW-JEG

MICHAEL MCGEHEE,

as authorized representative of M.M., a minor child,

 Plaintiff,

KEITH SMALL, 

as authorized legal representative of A.S., 

a minor child and as representative of the 

Estate of Caroline Small, 

ALAN WELCH, as guardian ad litem

of M.M.,

 Plaintiffs - Appellants,

versus

GLYNN COUNTY, GEORGIA, 

M. TODD SIMPSON, 

in their individual capacities, 

ROBERT C. SASSER, 

in their individual capacities, 

 Defendants - Appellees.

Case: 14-14456 Date Filed: 03/18/2015 Page: 1 of 2 
2

________________________

Appeal from the United States District Court

for the Southern District of Georgia

________________________

(March 18, 2015)

Before HULL, ROSENBAUM and JILL PRYOR, Circuit Judges.

PER CURIAM: 

We affirm the district court’s grant of qualified immunity for the reasons 

articulated in its summary judgment order, Small v. Glynn Cnty., Ga., No. CV 212-

115, 2014 WL 4928877 (S.D. Ga. Sept. 30, 2014). We note that the district court 

expressly took care to construe the facts in the light most favorable to the plaintiffs. 

Accordingly, we agree with the district court that an “objectively reasonable 

official standing in the [officers’] place” would not have been on notice that using 

deadly force against Ms. Small “would be clearly unlawful given the 

circumstances.” See Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir. 2002).

AFFIRMED.

Case: 14-14456 Date Filed: 03/18/2015 Page: 2 of 2