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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-5149

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

DAVID DARRELL DAVID, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Western 

District of North Carolina, at Asheville. Lacy H. Thornburg, 

District Judge. (1:08-cr-00011-LHT-1) 

Submitted: August 27, 2009 Decided: September 10, 2009 

Before MICHAEL, KING, and AGEE, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Claire J. Rauscher, Executive Director, Fredilyn Sison, FEDERAL 

DEFENDERS OF WESTERN NORTH CAROLINA, INC., Asheville, North 

Carolina, for Appellant. Edward R. Ryan, Acting United States 

Attorney, Mark A. Jones, Assistant United States Attorney, 

Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

 David Darrell David appeals the district court’s 

judgment entered pursuant to David’s guilty plea to failure to 

register as a sex offender, in violation of 18 U.S.C. § 2250 

(2006), by failing to register in North Carolina as a sex 

offender. David reserved the right to appeal the district 

court’s denial of his motion to dismiss the indictment against 

him, and raises various arguments on appeal supporting his 

contention that denial of the motion was erroneous. We have 

reviewed the record and find no reversible error in light of our 

recent dispositive decision in United States v. Gould, 568 F.3d 

459 (4th Cir. 2009), which is neither factually nor legally 

distinguishable from the present case. Accordingly, we affirm 

the district court’s judgment. 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. 

 AFFIRMED
#### ENGLAND, ET AL. v. MOORE, ET AL.

(Decided June 13, 1912.)

Appeal from Perry Circuit Court.

Heard before Hon. B. M. Miller.

London & Fitts, and W. M. Fowlkes, for appellant A. D. Pitts, and Stewart & Stewart, for appellee.

Per curiam.

Affirmed for want of assignment of error.
Case 3:14-cv-00893-HZ    Document 22    Filed 09/01/15    Page 1 of 2

Case 3:14-cv-00893-HZ    Document 22    Filed 09/01/15    Page 2 of 2
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<PAGE>

                                                                   Exhibit 10.19

                         Amendment #3 to that certain
                   Renewal of and Amendment to that certain
          MICROSOFT WINDOWS 98 "GET CONNECTED" CO-MARKETING AGREEMENT,
 Agreement #1711CU-8230A, Agreement Effective Date July 2, 1998 ("Agreement")

        The purposes of this Amendment is to amend the Agreement to expand it to
include the Internet Connection Wizard for Microsoft Windows 20000 software.

        1. All references in the Agreement to Microsoft Windows 98 software
whether the reference is to "Microsoft Windows 98", "Windows 98" or "Win98" are
hereby deemed to include Microsoft Windows 2000 software in addition to
Microsoft Windows 98 software.

        2. Exhibit C (Quarterly Referral Fee Report) is hereby amended to be in
the form attached hereto.

        All capitalized terms used but not defined shall have the meanings
ascribed to them in the Agreement. The terms of this Amendment shall supersede
any inconsistent terms contained in the Agreement.

        Please sign both originals of this Amendment and return them to your
Account Manager who will arrange for their execution on behalf of Microsoft and
return one original to you. Please contact your Account Manager if you have any
questions.

        By signing below the parties indicate their agreement with the above
terms. All signed copies of this Amendment shall be deemed originals. This
Amendment is executed only in the English language.


AGREED:                                 AGREED:

MICROSOFT CORPORATION

/s/ Mark Chestnut                       /s/ Andrea Hirsch
-----------------------------           -----------------------------
By: Mark Chestnut                       By: Andrea Hirsch

Mark Chestnut                           Andrea Hirsch
-----------------------------           -----------------------------
Name (Printed)                          Name (Printed)
Director, ISP
Network Solutions Group                 EVP General Counsel
------------------------------          ------------------------------
Title                                   Title

      2/22/00                           January 19, 2000
------------------------------          ------------------------------
Date                                    Date
WARRENYOURN, 

Plaintiff, 

vs. 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

CAROLYN COL VIN, 

Commissioner of Social Security, 

Defendant. 

3;15-CV-01516-HZ 

ORDER 

Based upon the stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $2,240.62 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 

U.S.C. § 2412. The parties agree that attorney fees will be paid to Plaintiffs attorney, dependent 

upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, 

pursuant to the Treasury Offset Program as discussed inAstrue v. Ratliff, 130 S.Ct. 2521 (2010). 

If Plaintiff has no such debt, then the check shall be made out to Plaintiff's attorney and 

mailed to Plaintiffs attorney's office as follows: Merrill Schneider, P.O. Box 14490, Portland, 

OR 97293. If Plaintiff has a debt, then the check for any remaining funds after offset of the debt 

shall be made to Plaintiff and mailed to Plaintiffs attorney's office at the address stated above. 

DATED this ~' day of Oc.t"O~fl- '2016. 

Marco Herandez 

United States District Court Judge 

Case 3:15-cv-01516-HZ Document 23 Filed 10/25/16 Page 1 of 1
AMENDED AND RESTATED
                       CERTIFICATE OF LIMITED PARTNERSHIP
                                       OF
                        PAINEWEBBER/GEODYNE ENERGY INCOME
                            LIMITED PARTNERSHIP II-C


TO THE SECRETARY OF STATE
OF THE STATE OF OKLAHOMA:

       The  undersigned,  desiring  to amend and restate  its  certificate  of
limited   partnership   pursuant  to  the  Oklahoma  Revised  Uniform  Limited
Partnership  Act, as amended,  54 O.S. Supp.  1908, Sec.  301--365 (the "Act"),
does hereby state:

       1.    The name of the  limited  partnership  is  "PaineWebber/  Geodyne
Energy Income Limited Partnership II-C."

       2.    The  date  of  filing  the   original   certificate   of  limited
partnership is January 14, 1988.

       3. (a) The address of the office of the limited partnership, which is the
same address where the records of the limited partnership are kept, is 320 South
Boston, The Mezzanine, Tulsa, Oklahoma 74103-3708.

             (b)   The name and  address  of the agent for  service of process
are  Geodyne  Properties,  Inc.,  320  South  Boston,  The  Mezzanine,  Tulsa,
Oklahoma 74103-3708.

       4.    The name and  business  address  of the  general  partner  are as
follows:

                   Geodyne Properties, Inc.
                   320 South Boston, The Mezzanine
                   Tulsa, Oklahoma 74103--3708

       5.    The  latest  date  upon  which  the  limited  partnership  is  to
dissolve is December 31, 2001.

       6.    The limited  partnership  hereby elects to become  subject to all
of the provisions of the Act.

DATED March 9, 1989.
                                          Geodyne Properties, Inc.
                                          General Partner of PaineWebber/
                                          Geodyne Energy Income Limited
                                          Partnership II-C

                                          By:   /s/ Michael E. Luttrell
                                                --------------------------
                                                Michael E. Luttrell
                                                Executive Vice President
sleeping. Appellant filmed his acts, and one video showed appellant 

penetrating the victim's vagina. The victim testified that the acts were 

committed against her will, and although she sometimes woke up during 

the acts, she did not resist because she was scared and did not want to lose 

her best friend. It is for the jury to determine the weight and credibility to 

give testimony, and the jury's verdict will not be disturbed on appeal 

where, as here, it is supported by sufficient evidence. See Bolden v. State, 

97 Nev. 71, 73, 624 P.2d 20, 20 (1981); see also McNair v. State, 108 Nev. 

53, 56, 825 P.2d 571, 573 (1992). 

Second, appellant challenges his convictions for lewdness with 

a child under the age of fourteen. First, appellant seems to argue that 

insufficient evidence supports these convictions because no one individual 

act gratified his lust, passions, or desires. We reject this argument given 

the evidence presented at trial. Second, appellant argues that he was 

punished multiple times for one act in violation of the Double Jeopardy 

Clause. However, appellant fails to explain which convictions constitute 

multiple punishments for the same action. Because he does not support 

his Double Jeopardy claim with cogent argument, we decline to consider it. 

See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). 

Third, appellant contends that the State committed 

misconduct by questioning the victim's mother regarding her husband's 

custody status, which the defense had attempted to discover before trial, 

but the district court deemed irrelevant. Appellant fails to demonstrate 

that this questioning constitutes misconduct under the circumstances, as 

it appears the State was offering the evidence for a different, relevant 

purpose than that indicated by the defense, which was to rebut appellant's 

contention that the victim visited appellant's home because she wanted to 

SUPREME COURT 

OP 

NEVADA 

(0) 1947A .411t977 

2 
SUPREME COURT 

OF 

NEVADA 

engage in sex with him See Valdez v. State, 124 Nev. 1172, 1188, 196 

P.3d 465, 476 (2008). Regardless, the district court prohibited the State 

from referring to the witness' answer and ordered the State to turn over 

the information it possessed regarding the issue. And given the 

overwhelming evidence presented at trial, which included videos and 

photographs documenting appellant's acts and his own admissions, 

appellant fails to demonstrate that he was prejudiced by any misconduct. 

Having concluded that appellant's contentions lack merit,' we 

ORDER the judgment of conviction AFFIRMED. 

, C.J. 

Hardesty 

Parraguirre 

-91/Jta‘r 

Avs J. 

Douglas 

cc: Hon. Elissa F. Cadish, District Judge 

Law Office of Betsy Allen 

Attorney General/Carson City 

Clark County District Attorney 

Eighth District Court Clerk 

'Appellant also contends that cumulative error warrants relief. 

Because we have found no error, there are no errors to cumulate. 

J. 

3 

(0) 1947A
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM YEAR
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