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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7033

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ARTHUR LEE TILLMAN,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, District

Judge. (CR-92-270, CA-95-398-3-MU)

Submitted: November 21, 1996 Decided: December 4, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Arthur Lee Tillman, Appellant Pro Se. Robert Jack Higdon, Jr.,

OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying his

28 U.S.C. § 2255 (1994), amended by Antiterrorism and Effective

Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214. We

have reviewed the record and the district court's opinion and find

no reversible error. Accordingly, we deny a certificate of appealability and dismiss on the reasoning of the district court. United

States v. Tillman, Nos. CR-92-270; CA-95-398-3-MU (W.D.N.C. June

20, 1996). 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.

DISMISSED
#### WRIGHT, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

February 6, 1898.)

Action by Frederick Wright against the New York Central & Hudson River Railroad Company.

No opinion. Motion denied. See 48 N. Y. Supp. 1119.
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case 2:13-cv-00361-JVB-JEM   document 1   filed 10/09/13   page 2 of 5

case 2:13-cv-00361-JVB-JEM   document 1   filed 10/09/13   page 3 of 5

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case 2:13-cv-00361-JVB-JEM   document 1   filed 10/09/13   page 5 of 5
#### ALSTON, Appellant, v. SHELDON et al., Respondents.

(Supreme Court, Appellate Division, Third Department.

March 2, 1898.)

Action by George D. Alston, as executor, etc., against Órestus G. Sheldon and others.

No opinion. Judgment affirmed, with costs.
EXHIBIT No. 99

CERTIFICATION OF PERIODIC FINANCIAL REPORT
Pursuant to 18 U.S.C. Section 1350

Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of
2002, we, the undersigned, certify that, to the best of our knowledge, this periodic
report of CAPITAL REALTY INVESTORS-II LIMITED PARTNERSHIP, filed on Form 10-QSB for the
quaterly period ended March 31, 2003, and containing the financial statements, fully
complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 and that the information contained in the periodic report fairly presents, in all
material respects, the financial condition and results of operations of the issuer.

|            |  | CAPITAL REALTY INVESTORS-II
     LIMITED PARTNERSHIP                                                                                                  
|----------- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------
|            |  | (Issuer)                                                                                                                                              
|            |  | by:  C.R.I., Inc.                                                                                                                                     
|            |  | Managing General Partner                                                                                                                              
|May 6, 2003 |  | by:  /s/ William B. Dockser                                                                                                                           
|DATE        |  | William B. Dockser,
                  Director, Chairman of the Board,
                  and Treasurer
                  (Principal Executive Officer)
|May 6, 2003 |  | by:  /s/ Michael J. Tuszka                                                                                                                            
|DATE        |  | Michael J. Tuszka,
                  Vice President
                  and Chief Accounting Officer
                  (Principal Financial Officer)    

This
certification accompanies this periodic report and is made solely for purpose of 18 U.S.C. Section 1350, subject to the
knowledge standard contained therein, and not for any other purpose, and shall not
be deemed filed by the Issuer for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
# L_2008043EN.01003901.xml

| 19.2.2008 | EN | Official Journal of the European Union | L 43/39 |
| --- | --- | --- | --- |

19.2.2008

EN

Official Journal of the European Union

L 43/39

---

COUNCIL COMMON POSITION 2008/135/CFSP

of 18 February 2008

renewing restrictive measures against Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | On 19 February 2004, the Council adopted Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe (1). |
| --- | --- |

(1)

On 19 February 2004, the Council adopted Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe (1).

| (2) | Council Common Position 2007/120/CFSP (2), adopted on 19 February 2007, extended Common Position 2004/161/CFSP until 20 February 2008. |
| --- | --- |

(2)

Council Common Position 2007/120/CFSP (2), adopted on 19 February 2007, extended Common Position 2004/161/CFSP until 20 February 2008.

| (3) | In view of the situation in Zimbabwe, Common Position 2004/161/CFSP should be extended for a further period of 12 months, |
| --- | --- |

(3)

In view of the situation in Zimbabwe, Common Position 2004/161/CFSP should be extended for a further period of 12 months,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2004/161/CFSP shall be extended until 20 February 2009.

Article 2

This Common Position shall take effect on the day of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Brussels, 18 February 2008.

For the Council

The President

D. RUPEL

---

(1)  
  OJ L 50, 20.2.2004, p. 66. Common Position as last amended by Council Decision 2007/455/CFSP (OJ L 172, 30.6.2007, p. 89).

1

(2)  
  OJ L 51, 20.2.2007, p. 25.

2

---
Document Headings

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                -                       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.                  

###### Federal Election Commission

# TIME AND DATE:

Thursday, June 24, 2021 at 10:00 a.m.

# PLACE:

Virtual meeting. Note: Because of the Covid-19 pandemic, we will conduct the open meeting virtually. If you would like to access the meeting, see the instructions below.

# STATUS:

This meeting will be open to the public. To access the virtual meeting, go to the commission's website *www.fec.gov* and click on the banner to be taken to the meeting page.

# MATTERS TO BE CONSIDERED:

 

Draft Advisory Opinion 2021-06: Representative Robin Kelly and the Democratic Party of Illinois

Motion to Amend Directive 68 to Include Additional Information in Quarterly Status Reports to Commission

Proposed Statement of Policy Regarding the Disclosure of Vote Certifications Relating to Litigation

Management and Administrative Matters

# CONTACT PERSON FOR MORE INFORMATION:

Judith Ingram, Press Officer, Telephone: (202) 694-1220.

Authority: Government in the Sunshine Act, 5 U.S.C. 552b.

Laura E. Sinram,

Acting Secretary and Clerk of the Commission.

[FR Doc. 2021-13234 Filed 6-21-21; 11:15 am]

BILLING CODE 6715-01-P
<TABLE>
<CAPTION>
                                   COMPAQ COMPUTER CORPORATION
                      STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS


                                                                 SIX MONTHS         QUARTER
                                                                ENDED JUNE 30,   ENDED JUNE 30,
                                                              ----------------  ----------------
                                                                1998     1997     1998     1997
                                                              --------  ------  --------  ------
                                                            (IN MILLIONS, EXCEPT PER SHARE AMOUNTS)
<S>                                                           <C>       <C>     <C>       <C>
BASIC EARNINGS PER SHARE

Shares used in computing earnings per common share:
     Weighted average number of shares outstanding . . . . .    1,539    1,497    1,556    1,500
                                                              ========  ======  ========  ======

Earnings:
     Net income (loss) . . . . . . . . . . . . . . . . . . .  $(3,616)  $  671  $(3,632)  $  257
                                                              ========  ======  ========  ======

Basic earnings (loss) per common share . . . . . . . . . . .  $ (2.35)  $  .45  $ (2.33)  $  .17
                                                              ========  ======  ========  ======


DILUTED EARNINGS PER COMMON SHARE

Shares used in computing diluted earnings per common share:
     Weighted average number of shares outstanding . . . . .    1,539    1,497    1,556    1,500
     Incremental shares attributed to
           Outstanding options . . . . . . . . . . . . . . .        -       50        -       52
                                                              --------  ------  --------  ------
                                                                1,539    1,547    1,556    1,552
                                                              ========  ======  ========  ======

Earnings:
     Net income (loss) . . . . . . . . . . . . . . . . . . .  $(3,616)  $  671  $(3,632)  $  257
                                                              ========  ======  ========  ======

Diluted earnings (loss) per common share . . . . . . . . . .  $ (2.35)  $  .43  $ (2.33)  $  .17
                                                              ========  ======  ========  ======
</TABLE>

See  accompanying  notes  to  consolidated  financial  data.


                                        26
<PAGE>
#### The People of the State of New York, Respondent, v Christine Dengler, Appellant.

— Appeal by defendant from a judgment of the County Court, Westchester County (Colabella, J.), rendered March 28, 1983, convicting her of rape in the first degree and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The Trial Judge was not bound to use the specific language requested by defendant’s attorney and the charge read as a whole adequately apprised the jury of the governing legal principles *(People v Dory,*59 NY2d 121, 129; *United States v Miller,*460 F2d 582, 588; *People v Zuziela,*98 AD2d 161, 165).

*848Since the jury was presented with other impeaching evidence concerning a prior shoplifting incident, the erroneous preclusion of further cross-examination concerning the fact that the victim received an adjournment in contemplation of dismissal was harmless, and did not deprive defendant of a fair trial *(cf. People v Allen,*67 AD2d 558, *affd*50 NY2d 898).

The other contentions raised by defendant have been considered to the extent preserved and have been found to be without merit. Mollen, P. J., Titone, Lazer and Thompson, JJ., concur.
USDC IN/ND case 2:16-cv-00158-APR document 28 filed 09/27/16 page 1 of 7
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USDC IN/ND case 2:16-cv-00158-APR document 28 filed 09/27/16 page 4 of 7
USDC IN/ND case 2:16-cv-00158-APR document 28 filed 09/27/16 page 5 of 7
USDC IN/ND case 2:16-cv-00158-APR document 28 filed 09/27/16 page 6 of 7
USDC IN/ND case 2:16-cv-00158-APR document 28 filed 09/27/16 page 7 of 7
#### Victor BUSTOS, Sr., Plaintiff-Appellant, v. CITY OF EL PASO TEXAS; El Paso Police Department, Narcotics Division; Cesar Diaz, Narcotics Detective; John Masias, Narcotics Detective; Ruben Trejo, Narcotics Detective; Jaime Esparza, District Attorney; Holly Lytle, Assistant District Attorney, Defendants-Appellees.

No. 04-50305.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided May 5, 2006.

Victor Bustos, Sr., Texas Department of Criminal Justice Institutional Division, Dalhart Unit, Dalhart, TX, pro se.

Before JOLLY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM:*

Victor Bustos, Sr., Texas prisoner # 1018856, seeks to proceed in forma pau-*419peris (“IFP”)'to appeal the dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. Bustos alleged, *inter alia,*that El Paso Narcotics Division Detective Ruben Trejo initiated a traffic stop of his van on the orders of Detective Cesar Diaz, despite lack of probable cause. He also alleged that Detective John Masías made false statements in an affidavit regarding marijuana that was found in his van during the stop.

By moving to proceed IFP, Bustos is challenging the district court’s certification that his appeal was not taken in good faith. *See Baugh v. Taylor,*117 F.3d 197, 202 (5th Cir.1997); 28 U.S.C. § 1915(a)(3); Fed. R.App. P. 24(a)(3). Our review of the record indicates that Bustos’s allegations state a claim under the Fourth Amendment. *See e.g., Estep v. Dallas County, Texas,*310 F.3d 353, 356 & n. 1 (5th Cir. 2002). Whether the facts ultimately will prove a Fourth Amendment claim is not a question to be answered at this stage of the proceedings. *See Howard v. King,*707 F.2d 215, 220 (5th Cir.1983).

Accordingly, the motion to proceed IFP is GRANTED. The district court’s dismissal of Bustos’s claims against the El Paso Police Department Narcotics Division and the City of El Paso, and its dismissal of any claims against district attorneys Esparza and Lytle, are affirmed. As to Bustos’s claim that his Fourth Amendment rights were violated when Detectives Trejo and Diaz conducted a traffic stop without probable cause, the judgment and certification decision are VACATED, and the case is REMANDED for further proceedings.

IFP GRANTED; AFFIRMED IN PART, VACATED AND REMANDED IN PART.

*

 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.
<TABLE> <S> <C>

<ARTICLE>                     5                      
<MULTIPLIER>                                   1000                             
       
<S>                           <C>
<PERIOD-TYPE>                 9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   SEP-30-1998
<CASH>                                              94,158
<SECURITIES>                                       410,602
<RECEIVABLES>                                       91,817
<ALLOWANCES>                                         1,642
<INVENTORY>                                         33,548
<CURRENT-ASSETS>                                   671,409
<PP&E>                                             259,938
<DEPRECIATION>                                      81,260
<TOTAL-ASSETS>                                     888,551
<CURRENT-LIABILITIES>                              131,571
<BONDS>                                             58,596
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               741
<OTHER-SE>                                         668,061
<TOTAL-LIABILITY-AND-EQUITY>                       888,551
<SALES>                                            270,665
<TOTAL-REVENUES>                                   410,152
<CGS>                                               51,557
<TOTAL-COSTS>                                      263,508
<OTHER-EXPENSES>                                     2,118
<LOSS-PROVISION>                                         0                                                 
<INTEREST-EXPENSE>                                   4,709
<INCOME-PRETAX>                                    146,644
<INCOME-TAX>                                        49,859
<INCOME-CONTINUING>                                 96,785
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        96,785
<EPS-PRIMARY>                                         1.31
<EPS-DILUTED>                                         1.26
        

</TABLE>
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Exhibit 10.18  


 
 

AMENDMENT NO. 1 TO
  THE MILLS CORPORATION
  AMENDED AND RESTATED 1994 EXECUTIVE EQUITY INCENTIVE PLAN    
    


        This Amendment No. 1 (the "Amendment") to The Mills Corporation Amended and Restated 1994 Executive Equity Incentive Plan (the
"Plan") is adopted as of December 23, 2003 by the Board of Directors (the "Board") of The Mills
Corporation (the "Company"). 


 
 

RECITALS    
    


        WHEREAS, the Board has determined that it is desirable and in the best interests of the Company to amend the Plan
to provide that the gain from the exercise of stock options granted under the Plan may be deferred by the optionee subject to the terms of the Company's Nonqualified Deferred Compensation Plan; and 


        WHEREAS, Section 24 of the Plan provides that the Plan may be amended by the Board. 



        NOW, THEREFORE, BE IT RESOLVED, that the Plan is amended as follows: 



	1.
	A
new Section 4.6 is hereby added to the Plan to read as follows: 




        4.6    Deferrals.    Notwithstanding any other provision of the Plan to the contrary, the
Committee may permit an Optionee to defer such Optionee's receipt of the Shares that would otherwise be due to such Participant by virtue of the exercise of an Option. If any such deferral election is
permitted, the
Committee shall, in its sole discretion, establish rules and procedures for such stock option gain deferrals. Such deferral may be accomplished under the Company's Non-Qualified Deferred
Compensation Plan ("DCP") or pursuant to terms and conditions contained in the relevant Option Agreement. The Company may, but is not obligated to,
contribute the Shares that would otherwise be issuable pursuant to the exercise of the Option to a rabbi trust. Shares issued to a rabbi trust pursuant to this Section 4.6 may ultimately be
issued to the Optionee in accordance with the terms of the DCP. In addition, Shares that would otherwise be issued to the Optionee at the time the Option is exercised but for a proper deferral under
this Section 4.6 shall still be charged against the total number of Shares reserved under Section 3.1 of the Plan and shall be treated as issued for the purpose of Section 6.2 of
the Plan. 


	2.
	All
capitalized terms used herein shall have the meanings assigned to them in the Plan.



	3.
	Except
as expressly amended hereby, the Plan remains in full force and effect. 






 





        IN
WITNESS WHEREOF, the Company has caused this Amendment to be signed by the undersigned, a duly authorized officer of the Company, as of December 23, 2003. 



	 	 	THE MILLS CORPORATION
 
	

 	
 	

By:	

/s/  THOMAS E. FROST      
 Thomas E. Frost

Executive Vice President, General Counsel and Secretary





	

Attest:	

/s/  MARY ELLEN SERAVALLI      
 Mary Ellen Seravalli

Senior Vice President, Deputy General Counsel and Assistant Secretary	

 




2









QuickLinks


AMENDMENT NO. 1 TO THE MILLS CORPORATION AMENDED AND RESTATED 1994 EXECUTIVE EQUITY INCENTIVE PLAN

RECITALS
#### RICHARDSON, Respondent, v. TUOHEY, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 18, 1899.)

Action by William Richardson against Patrick H. Tuohey, sheriff, etc.

No opinion. Judgment and order affirmed, with costs.
[No. 39320-1-I.

Division One.

August 25, 1997.]

#### Gavino Engineering & Management, Inc., P.S., *Appellant,*v. Tali Kiboigo, et al., *Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 94-2-15178-9, Peter Jarvis, J., entered August 7, 1997. *Affirmed*by unpublished per curiam opinion.
Exhibit 10.22

Compensatory Arrangements with Non-Management Directors 

 


	
Annual Cash Retainer
	
 
	
$65,000

	
 

Additional Annual Cash Retainer for Non-Executive Chairman of the Board
	
 
	
 

$150,000

	
 

Additional Annual Cash Retainer for Audit Committee Chair
	
 
	
 

$10,000

	
 

Additional Annual Cash Retainer for Other Committee Chairs
	
 
	
 

$7,500

	
 

Board and Committee Meeting Attendance Fees 
	
 
	
 

No meeting attendance fees for up to five board and five committee meetings attended.  $1,500 attendance fee for meetings attended over that number.  

	
 

Restricted Stock
	
 
	
 

Annual grant of shares having a value of $80,000, which vest in one installment on the first anniversary of the date of grant 

	
 

Director Matching Contributions Program
	
 
	
 

Contributions by non-management directors to eligible non-profit organizations are matched dollar-for-dollar by the Corporation, in an amount not to exceed $10,000 per calendar year for each such director.




TECO Energy, Inc. also pays for or reimburses directors for their meeting-related expenses.
[No. 37876-7-I.

Division One.

September 22, 1997.]

#### The State of Washington, *Respondent,*v. James E. Wright, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 95-1-04591-6, Donald D. Haley, J., entered April 22, 1996. *Affirmed*by unpublished opinion per Becker, J., concurred in by Cox and Ellington, JJ. Now published at 88 Wn. App. 683.