alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 96-3012EA

_____________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the Eastern

v. * District of Arkansas.

*

Willard Gene Thomas, * [UNPUBLISHED]

*

Appellant. *

_____________

 Submitted: April 16, 1997

 Filed: April 24, 1997

_____________

Before FAGG, FLOYD R. GIBSON, and MURPHY, Circuit Judges.

_____________

PER CURIAM.

After pleading guilty to one count of being a felon in possession of

a firearm, two counts of carjacking, and two counts of using a firearm

during a felony offense, Willard Gene Thomas appeals his guidelines

sentence. Thomas’s contention that the district court improperly crossreferenced the felon in possession of a firearm conviction to the guideline

provision that covered criminal sexual abuse based on Thomas’s uncharged

rape of a carjacking victim is foreclosed by this court’s contrary

holdings. See United States v. Miner, No. 96-1300, 1997 WL 120211, at *2

(8th Cir. Mar. 19, 1997); United States v. Smith, 997 F.2d 396, 397 (8th

Cir. 1993) (per curiam). We thus affirm.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 10


EXHIBIT 10.55




Description of Oral Extension-A. Fisher Promissory Note




Summary of Terms of the Orally Agreed upon Extension to following Simple Promissory Note (with corresponding exhibit number of original note) under which Registrant is the Borrower. No periodic payments are required and principal and interest are due on the extended due date.







	Original

	 
	 
	 
	 
	 
	 

	Note

	 
	 
	Original

	Oral

	 
	Annual


	Exhibit

	 
	Loan

	Due

	Extension

	 
	%


	Number

	Lender

	Date

	Date

	Date

	Principal

	Rate


	 
	 
	 
	 
	 
	 
	 

	10.26

	A. Fisher

	06/10/2008

	09/13/2008

	12/31/2008

	$20,000.00

	10%
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7043

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KEITH WILLIE REED,

Defendant - Appellant.

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

Alexandria. Claude M. Hilton, Senior District Judge. (1:13-cr-00048-CMH-1; 1:16-cv00850-CMH)

Submitted: December 19, 2019 Decided: December 23, 2019

Before NIEMEYER, AGEE, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Keith Willie Reed, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Keith Willie Reed seeks to appeal the district court’s order denying relief on his 28 

U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate 

of appealability will not issue absent “a substantial showing of the denial of a constitutional 

right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, 

a prisoner satisfies this standard by demonstrating that reasonable jurists would find that 

the district court’s assessment of the constitutional claims is debatable or wrong. See Buck 

v. Davis, 137 S. Ct. 759, 773-74 (2017). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the denial of a constitutional 

right. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 

U.S. 473, 484 (2000)). 

We have independently reviewed the record and conclude that Reed has not made 

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the 

appeal. We dispense with 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. 

DISMISSED
`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1460 Reported in Senate (RS)]






                                                       Calendar No. 604
105th CONGRESS
  2d Session
                                S. 1460

  For the relief of Alexandre Malofienko, Olga Matsko, and their son, 
                          Vladimir Malofienko.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Lautenberg (for himself, Mr. Torricelli, and Mr. Dodd) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

                           September 24, 1998

                Reported by Mr. Hatch, without amendment

_______________________________________________________________________

                                 A BILL


 
  For the relief of Alexandre Malofienko, Olga Matsko, and their son, 
                          Vladimir Malofienko.

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

SECTION 1. PERMANENT RESIDENCE.

    Notwithstanding any other provision of law, for purposes of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Alexandre 
Malofienko, Olga Matsko, and their son, Vladimir Malofienko, shall be 
held and considered to have been lawfully admitted to the United States 
for permanent residence as of the date of the enactment of this Act 
upon payment of the required visa fees.

SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

    Upon the granting of permanent residence to Alexandre Malofienko, 
Olga Matsko, and their son, Vladimir Malofienko, as provided in this 
Act, the Secretary of State shall instruct the proper officer to reduce 
by the appropriate number during the current fiscal year the total 
number of immigrant visas available to natives of the country of the 
aliens' birth under section 203(a) of the Immigration and Nationality 
Act (8 U.S.C. 1153(a)).
                                     





                                                       Calendar No. 604

105th CONGRESS

  2d Session

                                S. 1460

_______________________________________________________________________

                                 A BILL

  For the relief of Alexandre Malofienko, Olga Matsko, and their son, 
                          Vladimir Malofienko.

_______________________________________________________________________

                           September 24, 1998

                Reported by Mr. Hatch, without amendment`
exhibit10_23.htm


    SECOND
AMENDMENT

    TO
THE

     MCINTOSH
STATE BANK

    DIRECTOR
RETIREMENT AGREEMENT

    DATED
DECEMBER 19, 2002

    AND
AMENDED JANUARY 9, 2007

    FOR

     JOHN
L. CARTER

     

     

    THIS SECOND AMENDMENT is adopted this
30th
day of November, 2008, by and between MCINTOSH STATE BANK, a state-chartered
commercial bank located in Jackson, Georgia (the “Company”), and JOHN L. CARTER
(the “Director”).

    


    The Company and the Director executed
the DIRECTOR RETIREMENT AGREEMENT on December 19, 2002 effective as of January
1, 2003, and executed a First Amendment on January 9, 2007 (the
“Agreement”).

    


    The undersigned hereby amend the
Agreement for the purpose of bringing the Agreement into compliance with Section
409A of the Internal Revenue Code.  Therefore, the following changes
shall be made:

    


    Section 1.1 of the Agreement shall be
deleted in its entirety and replaced by the following:

    


    
      	
              1.1

            	
              “Change
      of Control” means a change in the ownership or effective control of
      the Company or any entity which is the majority shareholder of the
      Company, or in the ownership of a substantial portion of the assets of the
      Company or any entity which is the majority shareholder of the Company, as
      such change is defined in Section 409A of the Code and regulations
      thereunder.

            


    

    


    Sections 2.3, 2.3.1 and 2.3.2 of the
Agreement shall be deleted in their entirety and replaced by the
following:

    


    
      	
              2.3

            	
              Change of Control
      Benefit.  Upon a Change in Control, the Company shall pay
      to the Director the benefit described in this Section 2.3 in lieu of any
      other benefit under this Agreement.

            


    

    


    
      	
              2.3.1

            	
              Amount of
      Benefit.  The annual benefit under this Section 2.3 is
      the Change of Control Annual Benefit set forth in Schedule A for the Plan
      Year ending immediately prior to the date of the Change in Control occurs,
      determined by vesting the Director in the projected Normal Retirement
      Benefit described in Section 2.1.1.

            


    

    


    
      	
              2.3.2

            	
              Payment of
      Benefit.  The Company shall pay the annual benefit amount
      to the Director in twelve (12) equal monthly installments commencing with
      the month following a Change of Control, payable to the Director for a
      period of ten (10) years.

            


    

     

    IN WITNESS OF THE ABOVE, the
Company and the Director hereby consent to this Second Amendment.

     

    


    Director:                                                                           MCINTOSH
STATE BANK


    


      /s/  John
L.
Carter                            
By /s/  William K.
Malone

    JOHN L.
CARTER                                   
          
          Title    Chief Executive
Officer
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ARS Home Southeast Area Stoneville, Mississippi Cotton Ginning Research People & Locations







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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                    
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###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at                     *https://www.federalreserve.gov/​foia/​request.htm.*                     Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act.                

Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than August 27, 2021.

*A. Federal Reserve Bank of Minneapolis*                     (Chris P. Wangen, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:                

                    1.                     *Patty Beyers, Roscoe, South Dakota;*                     to retain voting shares of Ipswich Community Bancshares, Inc., and thereby indirectly retain voting shares of Ipswich State Bank, both of Ipswich, South Dakota.                

Board of Governors of the Federal Reserve System, August 6, 2021.

Ann Misback,

Secretary of the Board.

[FR Doc. 2021-17168 Filed 8-11-21; 8:45 am]

BILLING CODE P
CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




To the
Board of Directors and Shareholders


of CNS
Response, Inc.




We hereby
consent to the incorporation by reference in the Registration Statement on Form
S-8 (File No. 333-150398) of our report, dated December 20, 2010, relating to
our audits of the consolidated financial statements which appear in this Annual
Report on Form 10-K of CNS Response, Inc. for the year ended September 30,
2010.




/s/
Cacciamatta Accountancy Corporation


Cacciamatta
Accountancy Corporation


Irvine,
California


December
20, 2010
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December 5, 2007



 

 

 

December 2, 2008

 

 

Barry L. McCabe

East Greenville, PA

Dear Barry:

It is our great pleasure to inform you that you will be a participant in the 2009 Knoll, Inc. Incentive Compensation Program.

We need to do three things to succeed in 2009.  Improve our gross margins, continue to build on the sales and marketing initiatives that allowed us to gain share in 2007 and 2008, and diligently manage our spending.

Our success in 2009 will be a direct result of your ability to accomplish these objectives and assist Knoll in achieving its 2009 operating profit plan.

If you meet the 2009 Finance Budget and Knoll makes the 2009 operating profit plan, you can qualify for a total target incentive payment of $295,000.

This award is subject to our approval and that of the Knoll, Inc. Board of Directors, which may exercise discretion in adjusting your award up or down based on factors the Board of Directors deems appropriate, including Knoll's performance relative to the industry, other macroeconomic factors and your individual performance.  You must be employed by Knoll on the date this award is distributed in order to receive this incentive.

We have great confidence in your ability to help Knoll profitably grow and look forward to being able to present you with your award in early 2010.

 

 

/s/ Lynn Utter/s/ Andrew Cogan

Lynn UtterAndrew Cogan
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

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. 

 _________________________________________ 

 Clerk

March 18, 2011 

p0315 

Order 

 

March 18, 2011 

141672 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellant, 

v SC: 141672 

 COA: 292602 

Wayne CC: 08-003062-FH 

ROBERT WILLIAM DUNCAN, 

Defendant-Appellee. 

_________________________________________/ 

 On March 10, 2011, the Court heard oral argument on the application for leave to 

appeal the July 6, 2010 judgment of the Court of Appeals. On order of the Court, the 

application is again considered, and it is DENIED, because we are not persuaded that the 

questions presented should be reviewed by this Court.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-2065

In re: LINWOOD EARL DUFFIE,

Petitioner.

On Petition for Writ of Mandamus to the United States District Court for the Eastern 

District of North Carolina, at Raleigh. (5:20-ct-03229-FL)

Submitted: November 16, 2023 Decided: November 21, 2023

Before AGEE and RICHARDSON, Circuit Judges, and FLOYD, Senior Circuit Judge.

Petition denied by unpublished per curiam opinion.

Linwood Earl Duffie, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-2065 Doc: 9 Filed: 11/21/2023 Pg: 1 of 3
2

PER CURIAM:

Linwood Earl Duffie petitions for a writ of mandamus seeking an order directing 

the district court to allow Duffie to amend his complaint in the underlying 42 U.S.C. § 1983 

action and to liberally construe that complaint. Duffie has also filed a motion asking that 

we issue a preliminary injunction ordering the United States Attorney General “to serve 

his full civil and criminal investigation” into the North Carolina Legislature’s “conspir[acy] 

to cause [the] habitual felon class to complete unlawful enhanced sentence[s] during [the] 

. . . pandemic.” (ECF No. 7 at 1). We deny the requested relief.

As to the mandamus petition, mandamus relief is a drastic remedy and should be 

used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380 

(2004); In re Murphy-Brown, LLC, 907 F.3d 788, 795 (4th Cir. 2018). Mandamus relief is 

available only when the petitioner has a clear right to the relief sought and “has no other 

adequate means to attain the relief [he] desires.” Murphy-Brown, 907 F.3d at 795 (cleaned 

up). Further, mandamus may not be used as a substitute for appeal. In re Lockheed Martin 

Corp., 503 F.3d 351, 353 (4th Cir. 2007). The relief that Duffie seeks is not available by 

way of mandamus, and he otherwise fails to establish a clear right to the relief he seeks. 

We therefore deny the mandamus petition. 

Next, we conclude that Duffie’s motion for a preliminary injunction fails to satisfy 

the stringent requirements necessary for the requested relief. See Miranda v. Garland, 34 

F.4th 338, 358 (4th Cir. 2022) (“A plaintiff seeking a preliminary injunction must establish 

that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the 

absence of preliminary relief, that the balance of equities tips in his favor, and that an 

USCA4 Appeal: 23-2065 Doc: 9 Filed: 11/21/2023 Pg: 2 of 3
3

injunction is in the public interest.” (internal quotation marks omitted)). Accordingly, we 

also deny the motion for a preliminary injunction. 

We dispense with 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.

PETITION DENIED

USCA4 Appeal: 23-2065 Doc: 9 Filed: 11/21/2023 Pg: 3 of 3