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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7353

EMORY ALVIN MICHAU, Plaintiff - Appellant,
versus BRUCE ORR, Detective, Charleston County Sheriff's Office; JERRY JELLICO, Detective, Charleston County Sheriff's Office; MR. TANNER, Detective, Charleston County Sheriff's Office; MR. FIELDS, Detective, CharlestonCounty Sheriff's Office; JACK GUEDALIA, Magistrate of Charleston County; SERGEANT TAGUE, Charleston County Sheriff's Office; DETECTIVE BUHLE, Charleston County Sheriff's Office; DETECTIVE HALE, Charleston County Sheriff's Office; DETECTIVE TITTLE, Charleston County Sheriff's Office; LEROY LINEN, Magistrate of Charleston County, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CA-96-442-2-8-AK, CA-96-443-2-8-AK) Submitted: November 21, 1996 Decided: December 6, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Emory Alvin Michau, Appellant Pro Se.2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:Appellant appeals the district court's order denying his motion to appoint counsel and adopting the magistrate judge's recommendation to dismiss two Defendants with prejudice in this action filed under 42 U.S.C. § 1983 (1994). We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We deny Appellant's motion for enlargement of the record and dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented inthe materials before the court and argument would not aid the decisional process.

DISMISSED
Read the magazine story to find out more.ARS scientists have found that walnuts contain fewer calories than the amounts now assigned to them by the U.S. Department of Agriculture (USDA).
Click the image for more information about
it.For further reading
Sodium Monitoring Key to Reducing Dietary Intakes
Latest Update of National Nutrient Database for Standard Reference Released
ARS Scientists Develop Improved Methods to Estimate Calories Walnuts Lower in Calories than Label Suggests By Dennis O'Brien
March 1, 2016 Agricultural Research Service (ARS) scientists have found that walnuts have fewer calories than previously thought. David J. Baer and his colleagues in Beltsville, Maryland, placed 18 people on controlled diets and fed them two different diets for 3 weeks, in a random order. One diet contained walnut halves and pieces (42 grams), and the other diet was identical, but without the walnuts. Scientists collected the participants' stools for a week and measured the total amounts of energy, protein and fat they contained. When researchers subtracted out the calories excreted by the participants while they were eating walnuts, they found that a typical 28-gram serving actually contains 146 calories, 21 percent fewer than the 185 calories currently assigned by the U.S. Department of Agriculture (USDA). The current system for calculating calories generally works well for estimating calories in mixed diets involving several foods, but not so well for estimating calories in certain foods individually, including tree nuts, Baer said. In the 1950s, scientists grouped walnuts and other tree nuts with other plant-based foods, such as dry beans, legumes, and peas, and estimated the calories of energy those foods contained in each gram of protein, carbohydrate, and fat. The cell walls of nuts and other plant foods need to be broken before the nutrients inside the cells can be digested, but people don't always completely chew nuts before swallowing them. Baer speculates that the differences between his revised calorie estimates and what appears on nut container labels could be because when people eat nuts, they don't fully open the nut's cell walls when they chew them. But few studies have focused on how the human body absorbs energy from individual foods and while tree nuts are now attracting interest from researchers, few scientific studies have focused specifically on digestion of tree nuts until recently. The study was partially funded by the California Walnut Commission, and the findings are consistent with recent studies showing that eating walnuts and other types of tree nuts, as part of a healthy diet, can improve cardiovascular health and reduce the risk of obesity. ARS is USDA's chief intramural scientific research agency.
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### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

O’BRIAN OAKLEY

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 22

- 1793

[ September 30 , 2022 ]

Appeal of order denying rule 3.800 motion from the Circuit Court for

the Seventeenth Judicial Circuit, Broward County ; Edward H. Merrigan

, Judge; L.T. Case No. 12

- 11456CF10A

.

O’Brian Oakley, Mayo, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

G ERBER

, C ONNER and F ORST

, J J., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### PEOPLE, Respondent, v. RIZZO, Appellant.

(Supreme Court, Appellate Division, Second Department.

May 23, 1913.)

Proceeding by the People of the State of New York against Donato Rizzo.

No opinion. Judgment of conviction of the County Court of Kings county affirmed.
I 

109TH CONGRESS 

1ST SESSION H. R. 1844

To suspend temporarily the duty on Bronate Advanced. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005

Mr. GRAVES introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To suspend temporarily the duty on Bronate Advanced.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. BRONATE ADVANCED. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.06.17 2,6-dibromo-4-cyanophenyl 

octanoate/heptanoate 2-

ethylhexyl (4-chloro-2-

methylphenoxy)acetate (CAS 

Nos. 1689–99–2, 56634–95–

8, and 29450–45–1) (provided for in subheading 

3808.30.15) ......................... Free No change No change On or before 

12/31/2008 ’’. 
2

•HR 1844 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act.

Æ
EXHIBIT 32.2

  Certification of Chief Financial Officer Regarding Periodic Report Containing
 Financial Statements Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I, C. Troy Woodbury, Jr., the Chief Financial Officer of Wegener Corporation
(the "Company"), in compliance with 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that, to the
best of my knowledge, the Company's Quarterly Report on Form 10-Q for the
quarter ended June 3, 2005 (the "Report") filed with the Securities and Exchange
Commission:

      o     fully complies with the requirements of Section 13(a) or 15(d) of
            the Securities Exchange Act of 1934; and

      o     the information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.


                                        /s/ C. Troy Woodbury, Jr.

                                        Name:  C. Troy Woodbury, Jr.
                                        Title: Treasurer and Chief Financial
                                               Officer (Principal Financial
                                               Officer)
                                        Date:  July 15, 2005
# L_2013079EN.01003301.xml

| 21.3.2013 | EN | Official Journal of the European Union | L 79/33 |
| --- | --- | --- | --- |

21.3.2013

EN

Official Journal of the European Union

L 79/33

---

Corrigendum to Commission Regulation (EC) No 839/2008 of 31 July 2008 amending Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards Annexes II, III and IV on maximum residue levels of pesticides in or on certain products

(
  Official Journal of the European Union L 234 of 30 August 2008
  )

On page 46, in the Annex, under point (1)(a) amending Annex II to Regulation (EC) No 396/2005, in the fifth column, concerning pymetrozine:

| (a) | in the row relating to code number 0600000: |
| --- | --- |

(a)

in the row relating to code number 0600000:

for:

‘0,1 (*)’,

read:

‘
  ’;

| (b) | in the row relating to code number 0610000: |
| --- | --- |

(b)

in the row relating to code number 0610000:

for:

‘
  ’,

read:

‘0,1 (*)’.

---
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
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                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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 Soil Drainage Research: Columbus, OH
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Newsheadline bar    ARS News Articles  Training Modules Available to Help Producers Better Manage Phosphorus LossesAug 14, 2023Curbing Phosphorus Losses: There's an App for ThatJul 01, 2020Probing Phosphorus Losses from Midwestern Crop FieldsJan 28, 2015Focusing on Flood-tolerant SoybeansJul 23, 2012From Golf to Gulf, Drainage Industry GreensJan 13, 2009Curbing What Goes Down the DrainSep 02, 2005


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#### CHATILLON, Appellant, v. LEONORI HOTEL CO. et al., Respondents.

(Supreme Court, Appellate Division, First Department.

October 25, 1907.)

Action by Edmund EL Chatillon against the Leonori Hotel Company and others. F. X. Butler, for appellant. G. P. Hotaling, for respondents.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed.
EX-10.20



 Exhibit 10.20 
 AMENDMENT 
 TO THE KEYCORP 

DIRECTOR DEFERRED 
 COMPENSATION PLAN 
 WHEREAS, KeyCorp has established the KeyCorp
Director Deferred Compensation Plan (the “Plan”), a nonqualified plan of deferred compensation for Directors of KeyCorp, and 
 WHEREAS, the Board of Directors of KeyCorp has authorized amendments to the Plan, and 
 WHEREAS, in conjunction with the enactment of the American Jobs Creation Act of 2004, the Board of Directors of KeyCorp has determined it desirable to preserve Plan participants’ earned and
vested Plan benefits in accordance with the law in effect prior to the enactment of the American Jobs Creation Act of 2004 and accordingly has authorized the freezing of the Plan to preserve such benefits as of December 31, 2004. The Board of
Directors of KeyCorp has accordingly directed the execution of this Amendment to effectuate the expressed intent of the Board. 

NOW, THEREFORE, pursuant to such action of the Board, the Plan is hereby frozen with regard to any additional accruals, deferrals,
and contributions to the Plan after December 31, 2004 as follows: 
  

	 	1.	A new Article VI has been added to the Plan to provide the following: 

 “ARTICLE VI 
 AMENDMENT TO FREEZE 

6.1 No New Plan Deferrals. As of January 1, 2005 the Plan shall be frozen with regard to all new accruals, deferrals, and
contributions to the Plan after December 31, 2004 and all Participants’ Plan benefits that are earned and vested as of December 31, 2004 shall be administered in accordance with the terms of the Plan as frozen and with the
requirements of the law in effect prior to the enactment of Section 409A of the Code.” 
  

	 	2.	The amendment set forth in Paragraphs 1 shall be effective as of December 31, 2004. 


 

	 	3.	Except as otherwise amended herein, the Plan shall remain in full force and effect. 


IN WITNESS WHEREOF, KeyCorp has caused this Amendment to the Plan to be executed by its duly authorized
officer as of this 28th day of December 2004. 

 

			
	KEYCORP
		
	By:	 	 /s/ Thomas E. Helfrich





			
	Title:	 	Executive Vice President
I 

109TH CONGRESS 

1ST SESSION H. R. 2115 

To suspend temporarily the duty on Acronal-S-600. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005 

Mr. WELLER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Acronal-S-600. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ACRONAL-S-600. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.06.08 2-propenoic acid, polymer 

with ethenylbenzene and 2- 

ethylhexyl 2-propenoate 

(CAS No. 250–85–19–2) 

(provided for in subheading 

3908.90.70) ......................... Free No change No change On or before 

12/31/2008 ’’. 
2 

•HR 2115 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) No. 1:16-cr-00031-TLS-SLC

)

LINDA ZIMMERMAN )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal

Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge

Susan Collins, on February 10, 2017, with the written consents of Defendant, counsel for

Defendant, and counsel for the United States of America.

The hearing on Defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant under oath on the

record and in the presence of counsel, the remarks of the Assistant United States Attorney and of

counsel for Defendant,

I FIND as follows:

(1) that Defendant understands the nature of the charge against her to which the plea is

offered;

(2) that Defendant understands her right to trial by jury, to persist in her plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and

her right against compelled self-incrimination;
(3) that Defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is

not the result of force or threats or of promises apart from the plea agreement between the

parties;

(5) that Defendant is competent to plead guilty;

(6) that Defendant understands that her answers may later be used against her in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant’s plea; and further,

I RECOMMEND that the Court accept Defendant’s plea of guilty and that Defendant be

adjudged guilty of the offense charged in Count 1 of the seven-count Indictment, and have

sentence imposed. A Presentence Report has been ordered. Should this Findings and

Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled

before Judge Theresa L. Springmann by separate order and notice. Objections to the Findings

and Recommendation are waived unless filed and served within fourteen (14) days. 28 U.S.C. §

636(b)(1)(B).

DATED this 10th day of February 2017.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

PATRICK R. OSZUSCIK, )

)

Petitioner )

)

vs. ) CAUSE NO. 3:13-CV-496 RM 

) (Arising out of 3:11-CR-119 RM) 

UNITED STATES OF AMERICA, )

)

Respondent )

OPINION and ORDER

Patrick Oszuscik pleaded guilty to one count of distribution of child

pornography in violation of 18 U.S.C. § 2252(a)(2) and was sentenced on May 24,

2012 to a term of 225 months imprisonment. No appeal was taken. On May 23,

2013, Mr. Oszuscik filed a petition pursuant to 28 U.S.C. § 2255, seeking to have

his sentence vacated based on his claims that his counsel was ineffective for

failing to insure that the court abided by Federal Rule of Criminal Procedure 11,

failing to investigate, challenge, and suppress the statement Mr. Oszuscik gave to

investigators, and failing to investigate or challenge the evidence relating to

imposition of a five-level sentencing enhancement. The court denied Mr.

Oszuscik’s § 2255 petition on June 11, 2013 because he had waived his right to

contest his conviction and sentence in his plea agreement, noting, too, that his

claims were without merit. Mr. Oszuscik has filed an appeal of that order and is

before the court asking that a certificate of appealability be issued. Although Mr.

case 3:13-cv-00496-RLM document 8 filed 08/21/13 page 1 of 3
Oszuscik hasn’t filed a motion to proceed in forma pauperis on his appeal, the

court will view his motion as including that request, as well.

Issuance of a certificate of appealability requires the court to find that Mr.

Oszuscik has made “a substantial showing of the denial of a constitutional right.”

28 U.S.C. § 2253(c)(2). He has not done so. Mr. Oszuscik didn’t establish that his

guilty plea was anything but informed and voluntary, or that his counsel provided

ineffective assistance. His request for a certificate of appealability will be denied.

Federal Rule of Appellate Procedure 24(a)(3) provides that a financially

indigent person may be permitted to proceed on appeal in forma pauperis unless

the court “certifies that the appeal is not taken in good faith.” In other words, the

court must determine “that a reasonable person could suppose that the appeal

has some merit.” Walker v. O’Brien, 216 F.3d 626, 632 (7th Cir. 2000). Because

no reasonable person could find that Mr. Oszuscik’s appeal has any merit, the

court concludes that his appeal is not taken in good faith, and his request for

pauper status must be denied.

Based on the foregoing, the court DENIES Mr. Oszuscik’s motion for a

certificate of appealability and for leave to proceed in forma pauperis on appeal

[docket # 60].

SO ORDERED.

ENTERED: August 21, 2013 

 /s/ Robert L. Miller, Jr. 

Judge, United States District Court

2

case 3:13-cv-00496-RLM document 8 filed 08/21/13 page 2 of 3
cc: P. Oszuscik

AUSA Maciejczyk

3

case 3:13-cv-00496-RLM document 8 filed 08/21/13 page 3 of 3