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

105TH CONGRESS

1ST SESSION S. 1457

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

to certain fine jewelry certain trade benefits of insular possessions of

the United States.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Ms. MOSELEY-BRAUN 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 extend to certain fine jewelry certain trade

benefits of insular possessions of the United States.

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

3 That the additional U.S. notes to chapter 71 of the Har4 monized Tariff Schedule of the United States are amended

5 by adding at the end the following new note:

6 ‘‘3.(a) Notwithstanding any other provision in addi7 tional U.S. note 5 to chapter 91, any article of jewelry

8 provided for in heading 7113 which is the product of the

9 Virgin Islands, Guam, or American Samoa (including any
2

•S 1457 IS

1 such article which contains any foreign component) shall

2 be eligible for the benefits provided in paragraph (h) of

3 additional U.S. note 5 to chapter 91, subject to the provi4 sions and limitations of that note and of paragraphs (b),

5 (c), and (d) of this note.

6 ‘‘(b) Nothing provided for in this note shall result in

7 an increase or a decrease in the aggregate amount referred

8 to in paragraph (h)(iii) of, or quantitative limitation other9 wise established pursuant to the requirements of, addi10 tional U.S. note 5 to chapter 91.

11 ‘‘(c) Nothing provided for in this note shall be con12 strued to permit a reduction in the amount available to

13 watch producers under paragraph (h)(iv) of additional

14 U.S. note 5 to chapter 91.

15 ‘‘(d) The Secretary of Commerce and the Secretary

16 of the Interior shall issue such regulations, not inconsist17 ent with the provisions of this note and additional U.S.

18 note 5 to chapter 91, as they determine necessary to carry

19 out their respective duties under this note. Such regula20 tions shall not be inconsistent with substantial trans21 formation requirements established by the United States

22 Customs Service but may define the circumstances under

23 which articles of jewelry shall be deemed to be ‘units’ for
3

•S 1457 IS

1 purposes of the benefits, provisions, and limitations of ad2 ditional U.S. note 5 to chapter 91.’’.

Æ
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MICHELLE LEIGH STARRY,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 415 WAL 2018

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 13 th day of March, 2019, the Petition for Allowance of Appeal is

GRANTED . The issues, rephrased for clarity, are:

(1) Whether the rationale and holding in Commonwealth v. Segida , 985 A.2d 871 (Pa. 2009), applies to a charge of driving under the influence brought pursuant to 75 Pa.C.S. § 3802(c), which has a statutory requirement that the defendant have an alcohol

concentr ation in his or her blood or breath of .16% or greater within two hours after driving, operating or being in actual physical control

of the movement of a vehicle.

(2) Whether the Superior Court erred by finding that the Commonwealth presented prima facie evid ence that Petitioner’s blood alcohol concentration was .16% or higher within two hours after she drove, operated or was in actual physical control of the movement of a

vehicle.

(3) Whether the Superior Court erred in finding that the Commonwealth presented prima facie evidence to satisfy 75 Pa.C.S. § 3802(g)(1), which requires the Commonwealth to show “good cause explaining why the chemical test sample could not be obtained within two

hours.”
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# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 20

- 10923 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Ahmad Rashard Byrd, Jr.,**

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:19

- CR

- 19

- 1

Before **Davis, Jones,** and **Elrod,** Circuit Judges

. **Per Curiam :**  *

The attorney appointed to represent Ahmad Rashard Byrd, Jr., has
moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Byrd has not filed a response. We have reviewed counsel’s

* Pursuant to **5th Cir cuit**  **R ule**  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 cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 11, 2021

Lyle W. Cayce Clerk Case: 20-10923 Document: 00515973786 Page: 1 Date Filed: 08/11/2021No. 20

- 10923

2 brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is
**GRANTED** , counsel is excused from further responsibilities herein, and
the **APPEAL IS DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 20-10923 Document: 00515973786 Page: 2 Date Filed: 08/11/2021
EX-4.4






EXHIBIT 4.4









November 25, 2008




Securities and Exchange Commission

100 F Street, N.E.

Washington, D.C. 20549





	 	Re:  	 	The Scotts Miracle-Gro Company — Annual Report on Form 10-K
for the fiscal year ended September 30, 2008





Ladies and Gentlemen:




     The Scotts Miracle-Gro Company, an Ohio corporation (“Scotts Miracle-Gro”), is today filing
its Annual Report on Form 10-K for the fiscal year ended September 30, 2008 (the “Form 10-K”).



     Neither Scotts Miracle-Gro nor any of its consolidated subsidiaries has outstanding any
instrument or agreement with respect to its long-term debt, other than those filed or incorporated
by reference as an exhibit to the Form 10-K, under which the total amount of long-term debt
authorized exceeds ten percent (10%) of the total assets of Scotts Miracle-Gro and its subsidiaries
on a consolidated basis. In accordance with the provisions of Item 601(b)(4)(iii) of SEC
Regulation S-K, Scotts Miracle-Gro hereby agrees to furnish to the SEC, upon request, a copy of
each such instrument or agreement defining the rights of holders of long-term debt of Scotts
Miracle-Gro or the rights of holders of long-term debt of one of Scotts Miracle-Gro’s consolidated
subsidiaries, in each case which is not being filed or incorporated by reference as an exhibit to
the Form 10-K.



	 	 	 	 	 
	 	Very truly yours,




THE SCOTTS MIRACLE-GRO COMPANY

 	 
	 	/s/ David C. Evans
 	 
	 	David C. Evans 	 
	 	Executive Vice President and Chief Financial Officer 	 
	 



14111 Scottslawn Road Marysville, OH 43041 937-644-0011

www.scotts.com
II

105TH CONGRESS

1ST SESSION S. 151

For the relief of Dr. Yuri F. Orlov of Ithaca, New York.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

For the relief of Dr. Yuri F. Orlov of Ithaca, New York.

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

3 SECTION 1. RELIEF OF DR. YURI F. ORLOV OF ITHACA, NEW

4 YORK.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, Dr. Yuri F. Orlov of Ithaca, New York, shall

7 be deemed an annuitant as defined under section 8331(9)

8 of title 5, United States Code, and shall be eligible to re9 ceive an annuity.

10 (b) COMPUTATION.—For purposes of computing the

11 annuity described under subsection (a), Dr. Yuri F. Orlov

12 shall be deemed to—
2

•S 151 IS

1 (1) have performed 40 years of creditable serv2 ice as a Federal employee; and

3 (2) received pay at the maximum rate payable

4 for a position above GS–15 of the General Schedule

5 (as in effect on the date of enactment of this Act)

6 for 3 consecutive years of such creditable service.

7 (c) CONTRIBUTIONS.—No person shall be required to

8 make any contribution with respect to the annuity de9 scribed under subsection (a).

10 (d) ADMINISTRATIVE PROVISIONS.—The Director of

11 the Office of Personnel Management shall—

12 (1) apply the provisions of chapter 83 of title

13 5, United States Code (including provisions relating

14 to cost-of-living-adjustments and survivor annuity

15 benefits) to the annuity described under subsection

16 (a) to the greatest extent practicable; and

17 (2) make the first payment of such annuity no

18 later than 60 days after the date of the enactment

19 of this Act.

Æ
Electronically Filed Intermediate Court of Appeals CAAP-17-0000385 04-MAR-2020 08:31 AM
<PAGE>

                                                                    EXHIBIT 99.1



               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 Noble International, Ltd.
("Noble") on Form 10-Q for the period ending June 30, 2002, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
J. Skandalaris, Chief Executive Officer of Noble, certify, pursuant to 18 U. S.
C. section 1350, as adopted pursuant to section 906 of the Sarbanes - Oxley Act
of 2002, to my knowledge 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
         Noble.



Dated:  September 23, 2002                   /s/ Robert J. Skandalaris
                                            --------------------------------
                                            Robert J. Skandalaris
                                            Chief Executive Officer









                                                                              20
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 this Amendment
No. 3 to the Annual Report of Wolverine Tube, Inc. (the “Company”) on Form
10-K/A for the period ending December 31, 2007 as filed with the Securities
and Exchange Commission (the “Report”), I, Harold M. Karp, Principal Executive
Officer of Wolverine Tube, Inc., certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge and belief:




(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.




A signed original of this written
statement required by Section 906 has been provided to Wolverine Tube, Inc.
and will be retained by Wolverine Tube, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.








/s/ Harold M.
    KarpHarold M.
      KarpPrincipal
      Executive OfficerPresident
      and Chief Operating OfficerDecember
      29, 2009






108
Exhibit 99.4





[SECURE COMPUTING LOGO]





CODE OF ETHICS FOR FINANCE



Adopted by the Board of Directors of Secure Computing Corporation



In my role as a finance employee of Secure Computing Corporation, I certify to you that I adhere to and advocate the following principles and
responsibilities governing my professional and ethical conduct.



To the best of my knowledge and ability:



|1. |  | I act with honesty and integrity, avoiding actual or apparent conflicts of interest in personal and professional relationships.
|-- |  | -------------------------------------------------------------------------------------------------------------------------------



|2. |  | I provide constituents with information that is accurate, complete, objective, relevant, timely and understandable.
|-- |  | -------------------------------------------------------------------------------------------------------------------



|3. |  | I comply with rules and regulations of federal, state, provincial and local governments, and other appropriate private and public regulatory agencies.
|-- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------



|4. |  | I act in good faith, responsibly, with due care, competence and diligence, without misrepresenting material facts or allowing my independent judgment to be
subordinated.
|-- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|5. |  | I respect the confidentiality of information acquired in the course of my work except when authorized or otherwise legally obligated to disclose. Confidential
information acquired in the course of my work is not used for personal advantage.
|-- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|6. |  | I share knowledge and maintain skills important and relevant to my constituents needs.
|-- |  | ---------------------------------------------------------------------------------------



|7. |  | I proactively promote ethical behavior as a responsible partner among peers in my work environment.
|-- |  | ---------------------------------------------------------------------------------------------------



|8. |  | I achieve responsible use of and control over all assets and resources employed or entrusted to me.
|-- |  | ---------------------------------------------------------------------------------------------------





|           
|-----------
|           
|(Signature)



50
##### 



Exhibit 10.29
 FORM OF
 HEARUSA, INC.
STOCK UNIT AWARD AGREEMENT
(Time Vesting)
____________, 20___
 2002 Flexible Stock Plan
     1. Grant of Stock Unit Awards.
 2. Incorporation of Plan
 3. Bookkeeping Account.




---



##### 



4. Terms and Conditions of Stock Unit Awards.
 (a)
    
    Vesting. ______ percent (___%) of the Stock Unit Awards granted to the Participant hereby
shall become vested as of [date], and the remaining ______ percent (___%) of the Stock Unit
Awards granted to the Participant hereby shall become vested as of [date].(b)
    
    Forfeiture Upon Termination of Service.Except as otherwise provided in (a) above, upon
cessation of the Participants employment with the Company for any reason before [date], the
number of shares of Stock Unit Awards subject to this Agreement that have not become vested
shall be forfeited, except as the Committee may otherwise determine in its sole discretion.
 5. Distribution of Common Stock.
 6. Source of Payment.
 7. Units Non-Transferable.
 8. Shareholder Rights
 9. Death Benefits.




---



##### 



10. Integration
 11. Governing Law
 12. Amendment.
 13. Participant Acknowledgment
 HEARUSA, Inc.By:Title:




---



##### 



SCHEDULE I
to Stock Unit Award Agreement
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS FOR THE QUARTER ENDED JUNE 30, 1997, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1997
<CASH>                                            2137
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  2137
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    2137
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            29
<OTHER-SE>                                        2108
<TOTAL-LIABILITY-AND-EQUITY>                      2137
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### The People of the State of New York, Respondent, v John O’Connell, Appellant.

[944 NYS2d 354]—

Garry, J.

Appeal from an order of the County Court of Columbia County (Czajka, J), entered December 1, 2010, which classified defendant as a risk level two sex offender pursuant to the Sex Offender Registration Act.

In 2009, defendant pleaded guilty to rape in the third degree and endangering the welfare of a child, stemming from him having sexual intercourse with a 15-year-old girl. Prior to his release from prison, the Board of Examiners of Sex Offenders presumptively classified defendant as a risk level one sex offender (65 points) in accordance with the Sex Offender Registration Act *(see*Correction Law art 6-C). At the risk assessment hearing that followed, the People, among other things, recommended an upward departure to a risk level two classification. County Court agreed and designated defendant a risk level two sex offender. Defendant appeals.

We affirm. “An upward departure from a presumptive risk classification is justified when an aggravating factor exists that is not otherwise adequately taken into account by the risk assessment guidelines and the court finds that such factor is supported by clear and convincing evidence” *(People v Stewart,*77 AD3d 1029, 1030 [2010] [citations omitted]; *accord People v Burch,*90 AD3d 1429, 1430 [2011]). Here, the record contains evidence that defendant involved his 11-year-old daughter in his unlawful relationship with the victim. Shortly after physical contact between defendant and the victim apparently ended, defendant wrote a love letter to the victim and a letter to the victim’s 16-year-old sister inquiring as to why he could no longer call her or the victim on the telephone and asking why her mother had gone to the police station. Defendant had his daughter deliver the letters to the girls at school and instructed them *1461to give any reply to his daughter. We agree with County Court’s determination that the risk assessment instrument did not adequately take into consideration the nature of defendant’s conduct here, and the lack of insight or responsibility thus revealed. The court’s determination that an upward departure from a risk level one classification to a risk level two classification is thus supported by clear and convincing evidence and will not be disturbed *(see People v Curthoys,*77 AD3d 1215, 1216 [2010]; *People v McElhearn,*56 AD3d 978, 979 [2008], *lv denied*13 NY3d 706 [2009]).

Mercure, J.E, Rose, Stein and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.