alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-4892

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus QUENTIN A. EICHELBERGER, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Beaufort. Sol Blatt, Jr., Senior District Judge. (9:05-cr-0049-SB) Submitted: March 22, 2007 Decided: March 28, 2007 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. James A. Brown, Jr., LAW OFFICES OF JIM BROWN, PA, Beaufort, South Carolina, for Appellant. Reginald I. Lloyd, United States Attorney, Brent Alan Gray, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Quentin A. Eichelberger pled guilty pursuant to a plea agreement to one count of conspiracy to possess with intent to distribute and distribution of a quantity of cocaine (Count 2), two counts of possession with intent to distribute and distribution of a quantity of cocaine (Counts 4 and 8), two counts of possession of a firearm in furtherance of a drug trafficking crime (Counts 5 and 9), two counts of possession of a firearm by a felon (Counts 6 and 7), and one count of possession with intent to distribute five grams or more of cocaine base (Count 14), in violation of 18 U.S.C. §§ 922(g)(1); 924(a)(2), (c)(1)(A), (e)(1); 21 U.S.C. §§ 841(a)(1), (b)(1)(B), (b)(1)(C); 846 (2000). The district court sentenced Eichelberger to a total term of im prisonment of 437 months. On appeal, Eichelberger contends his counsel provided ineffective assistance by failing to object to the court’s imposition of a twenty-five year mandatory minimum sentence on the second § 924(c)(1)(A) offense charged in Count 9. We affirm. An ineffective assistance of counsel claim is generally not cognizable on direct appeal, but should instead be asserted in a post-conviction motion under 28 U.S.C. § 2255 (2000). See United States v. Richardson , 195 F.3d 192, 198 (4th Cir. 1999). However, we have recognized an exception to the general rule when “it ‘conclusively appears’ from the record that defense counsel did not provide effective representation.” Id. (quoting United States v.- 3 - Gastiaburo , 16 F.3d 582, 590 (4th Cir. 1994)). Because the record does not conclusively establish that counsel was ineffective, Eichelberger’s claim is not cognizable on appeal. Accordingly, we affirm the judgment of the district court. 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 in the decisional process.

AFFIRMED
II

105TH CONGRESS

1ST SESSION S. 1288

To amend the Harmonized Tariff Schedule of the United States to provide

duty-free treatment for certain in-line skates.

IN THE SENATE OF THE UNITED STATES

OCTOBER 9, 1997

Mr. TORRICELLI (for himself and Mr. LAUTENBERG) introduced the following

bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Harmonized Tariff Schedule of the United

States to provide duty-free treatment for certain in-line

skates.

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

3 SECTION 1. DUTY-FREE TREATMENT FOR IN-LINE SKATES.

4 (a) IN GENERAL.—Subheading 6404.11.90 of the

5 Harmonized Tariff Schedule of the United States is

6 amended by striking ‘‘20%’’ and inserting ‘‘Free’’.

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

8 this section shall apply to goods entered, or withdrawn
2

•S 1288 IS

1 from warehouse for consumption, on or after the date that

2 is 15 days after the date of enactment of this Act.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-4520

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SAMANTHA WINTER,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Liam O’Grady, District Judge. (1:18-cr-00007-LO-1)

Submitted: April 25, 2019 Decided: May 3, 2019

Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Melinda VanLowe, LAW OFFICE OF MELINDA L. VANLOWE, Fairfax, Virginia, for 

Appellant. G. Zachary Terwilliger, United States Attorney, Colleen E. Garcia, Assistant 

United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, 

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Following a jury trial, Samantha Winter was convicted of possession of a firearm 

by a prohibited person, making a false statement in connection with the purchase of a 

firearm, and making a false statement to a licensed firearm dealer. The district court 

sentenced Winter to 2 years’ probation on each count to run concurrently, with the 

condition that she serve 15 days of intermittent incarceration, complete 80 hours of 

community service, participate in substance abuse and mental health treatment, and pay 

the $300 special assessment. On appeal, Winter contends that the district court erred by 

denying her motions to suppress statements she made and to exclude evidence recovered 

during a traffic stop of her vehicle while it was being driven by Devon Byrd, and she 

challenges the admission of this evidence during her trial. 

We review the factual findings underlying the denial of a motion to suppress for 

clear error and the court’s legal conclusions de novo. United States v. Bullette, 854 F.3d 

261, 265 (4th Cir. 2017). Additionally, we review the district court’s admission of 

evidence for an abuse of discretion. United States v. Lighty, 616 F.3d 321, 351 

(4th Cir. 2010) 

With these standards in mind, we have considered carefully the arguments raised 

by Winter on appeal and conclude for the reasons stated by the district court that the court 

properly denied the motions to suppress and to exclude evidence. United States v. 

Winter, No. 1:18-cr-00007-LO-1 (E.D. Va. Mar. 20, 2018). Additionally, we find no 

abuse of discretion by the trial court in admitting the challenged evidence. Accordingly, 

we affirm the judgment of the district court entered on July 20, 2018. We dispense with 
3

oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND**

**CHIEFFINANCIAL OFFICER PURSUANT TO**

**18U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

Each of the undersignedhereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as anofficer of Force Protection, Inc. (the “Company”), that, to his knowledge,the Quarterly Report of the Company on Form 10-Q for the period ended September 30,2009, fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. § 78m or 78o(d)) and that theinformation contained in such report fairly presents, in all material respects,the financial condition and results of operations of the Company. This writtenstatement is being furnished to the Securities and Exchange Commission as anexhibit to such Form 10-Q. A signed original of this statement has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 
| Date: November 9,  2009 | /s/ MICHAEL  MOODY                         |
|------------------------------|--------------------------------------------|
| ** **                   | **Michael  Moody**                         |
| ** **                   | **President  and Chief Executive Officer** |
|                         |                                       |
| Date: November 9,  2009 | /s/ CHARLES  MATHIS                        |
| ** **                   | **Charles  Mathis**                        |
| ** **                   | **Chief  Financial Officer**               |

 

This exhibit shall not bedeemed “filed” for purposes of Section 18 of the Securities Exchange Actof 1934 or otherwise subject to the liabilities of that Section, nor shall itbe deemed incorporated by reference in any filings under the Securities Act of1933 or the Securities Exchange Act of 1934, whether made before or after thedate hereof and irrespective of any general incorporation language in anyfilings.

 

1

----
**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND**

**CHIEFFINANCIAL OFFICER PURSUANT TO**

**18U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

Each of the undersignedhereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as anofficer of Force Protection, Inc. (the “Company”), that, to his knowledge,the Quarterly Report of the Company on Form 10-Q for the period ended September 30,2008, fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. § 78m or 78o(d)) and that theinformation contained in such report fairly presents, in all material respects,the financial condition and results of operations of the Company. This writtenstatement is being furnished to the Securities and Exchange Commission as anexhibit to such Form 10-Q. A signed original of this statement has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

 
| Date: November 10,  2008 |       | /s/ MICHAEL  MOODY                         |
|-------------------------------|------------|--------------------------------------------|
| ** **                    | ** ** | **Michael  Moody**                         |
| ** **                    | ** ** | **President  and Chief Executive Officer** |
|                          |       |                                       |
| Date: November 10,  2008 |       | /s/ CHARLES  MATHIS                        |
| ** **                    | ** ** | **Charles  Mathis**                        |
| ** **                    | ** ** | **Chief  Financial Officer**               |

 

 

This exhibit shall not bedeemed “filed” for purposes of Section 18 of the Securities Exchange Actof 1934 or otherwise subject to the liabilities of that Section, nor shall itbe deemed incorporated by reference in any filings under the Securities Act of1933 or the Securities Exchange Act of 1934, whether made before or after thedate hereof and irrespective of any general incorporation language in anyfilings.

 

----
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.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, September 9, 2021.

# FOR FURTHER INFORMATION CONTACT:

Antoinette Ross at 1-888-912-1227 or 202-317-4110.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be held Thursday, September 9, 2021, at 11:00 a.m. Eastern Time. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Antoinette Ross. For more information please contact Antoinette Ross at 1-888-912-1227 or 202-317-4110, or write TAP Office, 1111 Constitution Ave. NW, Room 1509, Washington, DC 20224 or contact us at the website:                     *http://www.improveirs.org*. The agenda will include various IRS issues.                

Dated: August 2, 2021.

Kevin Brown,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. 2021-16779 Filed 8-5-21; 8:45 am]

BILLING CODE 4830-01-P
#### In the Matter of Rosemary Chinye Okolie Toriola, Petitioner, v Robert Doar et al., Respondents.

[944 NYS2d 912]—

Proceeding pursuant to CPLR article 78 in the nature of mandamus, inter alia, to compel the respondent Robert Doar, among others, to answer a petition for a writ of habeas corpus, and application by the petitioner to prosecute the proceeding as a poor person.

Ordered that the application for leave to prosecute the proceeding as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Ordered that on the Court’s own motion, the petitioner is enjoined from making any additional motions or commencing any additional proceedings in this Court regarding the proceedings entitled *Matter of Toriola v North Shore LIJ,*commenced in the Supreme Court, Queens County, under Index No. 20556/ 09, and *Matter of Toriola v Doar,*commenced in this Court under Appellate Division Docket No. 2009-08265, and made returnable in the Supreme Court, Queens County, without leave of this Court; and it is further,

Adjudged that the petition is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction to entertain this proceeding *(see*CPLR 506 [b]; 7804 [b]). Florio, J.E, Balkin, Chambers and Cohen, JJ., concur.
INDEPENDENT AUDITOR'S CONSENT



Board of Directors and Shareholders RidgeStone Financial Services, Inc.:

We consent to the incorporation by reference in the Registration Statements of
RidgeStone Financial Services, Inc. on Form S-8 (File No. 333-28299 and File No.
333-52323) of our report dated February 14, 2003, on our audit of the
consolidated financial statements for the year ended December 31, 2002, which
report is included in this Annual Report on Form 10-KSB.

/s/ Virchow, Krause & Company, LLP

VIRCHOW, KRAUSE & COMPANY, LLP
Milwaukee, Wisconsin
March 24, 2003
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Considered and Passed Senate (CPS)]

105th CONGRESS
  1st Session
                                S. 1378

To extend the authorization of use of official mail in the location and 
         recovery of missing children, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 1997

 Mr. Warner (for himself and Mr. Ford) introduced the following bill; 
   which was read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL

 
To extend the authorization of use of official mail in the location and 
         recovery of missing children, and for other purposes.

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

SECTION 1. EXTENSION OF AUTHORIZATION OF USE OF OFFICIAL MAIL IN THE 
              LOCATION AND RECOVERY OF MISSING CHILDREN.

    The Act entitled ``An Act to amend title 3, United States Code, to 
authorize the use of penalty and franked mail in efforts relating to 
the location and recovery of missing children'', approved August 9, 
1985 (39 U.S.C. 3220 note; Public Law 99-87), is amended--
            (1) in section 3(a) by striking ``June 30, 1997'' and 
        inserting ``June 30, 2002''; and
            (2) in section 5 by striking ``December 31, 1997'' and 
        inserting ``December 31, 2002''.
                                 <all>
```
Exhibit  99.1

                                  CERTIFICATION

Pursuant  to  Section  906 of the Corporate Fraud Accountability Act of 2002 (18
U.S.C.  Section  1350,  as adopted), James W. Benson, Chief Executive Officer of
SpaceDev,  Inc.  (the  "Company"),  hereby  certifies  that,  to the best of his
knowledge:

The Company's Quarterly Report on Form 10-QSB for the period ended September 30,
2003, and to which this Certification is attached as Exhibit 99.1 (the "Periodic
Report"), fully complies with the requirements of section 13(a) or section 15(d)
of  the  Securities  Exchange  Act  of  1934,  as  amended,  and the information
contained  in the Periodic Report fairly presents, in all material respects, the
financial  condition  and  results  of  operations  of  the  Company.

IN  WITNESS WHEREOF, the undersigned have set their hands hereto as of this 12th
day  of  November  2003.


By:     /s/  James  W.  Benson
----------------------------------
          James  W.  Benson
         Chief  Executive  Officer
<Page>

                                                                    EXHIBIT 10.1

                      PRAECIS PHARMACEUTICALS INCORPORATED

                         Executive Management Bonus Plan
                 (Amended and Restated as of September 12, 2002)
                               (the "Bonus Plan")

PURPOSE: To establish a bonus program for the senior executives of the Company
which links performance oriented objectives (defined and approved annually by
the Board of Directors at the beginning of each fiscal year) to a variable
compensation award which is granted on an annual basis, as a means to attract
and retain senior level executives.

ELIGIBLE PARTICIPANTS: Participation in the Bonus Plan shall be limited to the
most senior level positions in the Company. The positions eligible include the
Chairman (assuming the Chairman is a member of the Company's management),
President, CEO, COO, CFO and Executive Vice President(s). The Compensation
Committee of the Board of Directors administers the Bonus Plan and will have the
continuing right to review and recommend other positions for participation in
the Bonus Plan. The grant of awards under the Bonus Plan ("Awards") will be in
the sole discretion of the Compensation Committee.

PARTICIPATION LEVEL: The targeted value of an Award as a percent of annual base
salary by position is as follows and shall be subject to modification as the
Compensation Committee shall determine:

<Table>
               <S>                                         <C>
               Chairman and Chief Executive Officer        50%
               President and Chief Operating Officer       40%
               Chief Financial Officer and Executive
                 Vice President(s) Levels                  30%
</Table>

The foregoing targeted Award values as a percent of annual base salary are based
on the attainment of the performance related objectives established by the
Compensation Committee or the Board of Directors at the beginning of each fiscal
year.

The Compensation Committee may grant any participating executive an Award in an
amount up to the product of 1.5 times their target percentage multiplied by
their annual base salary. The determination of such award is in the sole
discretion of the Compensation Committee.

FORM OF AWARD: The Award will be paid in cash via the payroll system in the pay
period following the decision of the Compensation Committee.

TERM: The first year of the Bonus Plan was 1998; the Bonus Plan will continue
from year to year unless terminated by the Board of Directors, which it may do
at any time.

ADMINISTRATION; AMENDMENT: The Bonus Plan will be administered by the
Compensation Committee of the Board of Directors. The Compensation Committee
shall have full power and authority to interpret and make all decisions
regarding the Bonus Plan, which decisions and interpretations shall be final and
binding on all participants. The Compensation Committee or the full Board of
Directors may amend the Bonus Plan in any manner at any time without the consent
of any participant.

                                        1
**BG** IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 19 - 0 545 STATE OF MONTANA,

Plaintiff and Appellee, v. RANDY CHRISTOPHER ARCHIBALD SR. ,

Defendant and Appellant.

**GRANT OF EXTENSION** Upon consideration of Appellee’s motion for a 30 - day extension of time, and good cause appearing therefor, Appellee is gran ted an extension of time to and including Nove mber 30 , 2020 , within which to prepare, serve, and file its response brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court October 29 2020

10/29/2020

Case Number: DA 19-0545