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

**No. 13**  **- 4857** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. MAURICE LASHAWN MELVIN, a/k/a Maurice Leshawn Melvin , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh
. James C. Fox, Senior District Judge. ( 5:12

- cr - 00323

- F

- 1 )

Submitted : June 2 4 , 2014 Decided: July 1, 2014

Before MOTZ, GREGORY, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinion
.
Thomas P
. McNamara, Federal Public Defender , Eric J
. Brignac , Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Thomas G
. Walker , United States Attorney, Jennifer P. May

- Pa rker, Kristine L. Fritz , Assistant U nited S tates Attorney s, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Maurice Lashawn Melvin pled guilty, pursuant to a written plea agreement, to possessing a firearm after being convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1), 924 (2012). He was sentenced under the Armed Career Criminal Act (“ACCA”) to 159 months in prison. * T he sole claim Melvin raises on appeal is whether the s entencing court erred in determining that his prior North Carolina convictions for conspiracy to commit robbery with a dangerous weapon constitute predicate offense s under the ACCA.
We review de novo a district court’s determination of whether prior of fenses qualify as violent felonies for purposes of the ACCA. United States v. Hemingway , 7 34 F.3d 323, 331 (4th Cir. 20 13 ). Melvin does not contest that the substantive North Carolina offense of robbery with a dangerous weapon is a violent felony under t he ACCA. Rather, he contends that a conspiracy conviction cannot categorically operate as a predicate felony for ACCA purposes because conspiracy does not require an overt
act. Circuit precedent forecloses Melvin’s argument challenging his sentence un der the ACCA. See United States v.

* He received a downward departure below the mandatory statutory minimum pursuant to U.S. Sentencing Gu ide lin e s Manual § 5K1.1 (2012)
.3 White , 571 F.3d 365, 371 (4th Cir. 2009) ( holding North Carolina conviction for conspiracy to commit robbery with a dangerous
weapon constitutes a predicate violent felony under ACCA )
. We therefore reject Melvin’s claim
. See Scotts Co. v. United Indus. Corp. , 315 F.3d 264, 271 n.2 (4th Cir. 2002) (noting that a panel of this court cannot explicitly or implicitly overrule circuit precedent established by a prior panel; only the United States Supreme Court or th is court s itting en banc may do so). 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 th is court and argument would not aid in the decisional
process.
AFFIRMED
# C_2005030EN.01001101.xml

| 5.2.2005 | EN | Official Journal of the European Union | C 30/11 |
| --- | --- | --- | --- |

5.2.2005

EN

Official Journal of the European Union

C 30/11

---

Information notice on a call for proposals for projects and supporting activities (PASR-2005) in the scope of the Preparatory Action on ‘The enhancement of the European industrial potential in the field of security research’

(2005/C 30/07)

Following the adoption on 4 February 2005 of Decision C(2005) 259 on the Programme of Work 2005 of the Preparatory Action on the enhancement of the European industrial potential in the field of security research, Towards a programme to advance European security through research and technology, the Commission of the European Communities will launch a call for proposals for projects and supporting activities.

Call identifier: PASR-2005

Indicative date of publication:

Indicative closure date:

Total indicative budget: EUR 15 million

Further information: European Commission

The Preparatory Action in the field of Security Research Information Desk

E-mail: rtd-pasr@cec.eu.int

Internet: http://www.cordis.lu/security

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1019

ROSARIO A. FIORANI, JR.,

Plaintiff - Appellant,

versus

ALBERT J. LOWRY, Personally, and as agent for

IMPERIAL FINANCIAL SERVICES, INCORPORATED,

Previously EAI and ES, L.L.C.; BRADLEY LOUIS

BOOKE, Esquire,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:06-cv02878-RWT)

Submitted: July 25, 2007 Decided: August 16, 2007

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rosario A. Fiorani, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Rosario A. Fiorani, Jr., appeals the district court’s

order dismissing his civil complaint. In his informal and

supplemental briefs on appeal, Fiorani failed to address the

district court’s conclusion that his action was barred by the

doctrine of res judicata. Accordingly, Fiorani has waived

appellate review of that issue. See 4th Cir. R. 34(b) (“The Court

will limit its review to the issues raised in the informal

brief.”). Accordingly, we affirm the district court’s order. 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
EXHIBIT 32

CERTIFICATION Pursuant to18 U.S.C. Section 1350

Keith A. Guevara, as Chief Executive Officer of NBO Systems,Inc. (the "Company"), and Christopher Foley, as Chief Financial Officer of theCompany, hereby certify, pursuant to 18 U.S.C. § 1350, that

> 
(1) the Company's Annual Report of Form 10-KSB for the	period ended December 31, 2004, as filed with the Securities and Exchange	Commission on the date hereof (the "Report"), fully complies with the	applicable requirements of Section 13(a) or Section 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.

| Dated: June 13, 2005   
 /s/ Keith A. Guevara                          		
   
Keith A. Guevara
   
Chief Executive Officer and President  
Dated: June 13, 2005   
 /s/ Christopher Foley                           		
   
Christopher Foley   Chief Financial Officer |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### The People of the State of New York, Respondent, v Tyrone Sanchez, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered March 5, 1984, convicting him of murder in the second degree and robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements made to law enforcement authorities.

Ordered that the judgment is affirmed.

The defendant claims that statements made by him to police officers should have been suppressed because they were the result of physical beatings he received from the officers. The trial court’s denial of that branch of the defendant’s motion which was to suppress his statements was proper, inasmuch as the record reflects a knowing, intelligent and voluntary waiver of his rights *(Johnson v Zerbst,*304 US 458; *385
      *People v Williams,*62 NY2d 285). The defendant’s allegations that he was physically and psychologically abused by the officers were contradicted by the officers’ testimony, by the defendant’s appearance at his videotaped statement, by his failure to complain to the authorities and by his failure to seek medical attention *(see, People v Crawford,*113 AD2d 771; *People v Dean,*112 AD2d 947, *lv denied*66 NY2d 918; *People v Chalos,*111 AD2d 827, *lv denied*66 NY2d 918; *People v Alver,*111 AD2d 339). Under the circumstances, the voluntariness of the defendant’s statements presented an issue of credibility and the Supreme Court’s determination of that issue, which is fully supported by the record, should not be disturbed on appeal *(People v Alver, supra; People v Gee,*104 AD2d 561).

Furthermore, we find that the defendant voluntarily accompanied the officers to the precinct, and the questioning of him by the police prior to their advising him of his *Miranda*rights was investigatory rather than custodial *(see, People v Morales,*42 NY2d 129, *cert denied*434 US 1018; *People v Yanus,*92 AD2d 674; *People v Krystof,*84 AD2d 566). Once the investigation focused on the defendant as a suspect, all questioning stopped and the defendant was provided with full *Miranda*warnings.

Finally, the sentence imposed was not unduly harsh or excessive. Thompson, J. P., Bracken, Lawrence and Spatt, JJ., concur.
December 9, 2005

Ms. Jean A. Webb

Secretary

Commodity Futures Trading Commission

Three Lafayette Centre

1155 21* Street, N.W.

Washington, D.C. 20581
Reference File #2609.01
Rule Certification

Dear Ms. Webb:

Pursuant to Commission Regulation 40.6(a), the Chicago Board of Trade (CBOT®) hereby
submits the following:

- 2006 Daytime Electronic Market Maker (EMM) Program for CBOT Two Year
Treasury Note Futures (Summary of program’s salient features is attached).

There were no opposing views in connection with this program.
The CBOT intends to implement this program as of January 1, 2006.

The CBOT certifies that this program complies with the Commodity Exchange Act and the rules
thereunder.

Sincerely,

Paul J. Draths
Vice President and Secretary

b111505


CBOT Two-year US Treasury Notes Futures Electronic Market Maker Program
Electronic Market Maker (EMM) Obligations

EMM, as a non-exclusive Electronic Market Maker, will provide two-sided electronic (e-cbot®)
markets in 2 Year U. S. Treasury Note futures, on a continuous basis, unless prevented from
doing so as a result of extraordinary circumstances beyond EMM’s reasonable control, between
the hours of 7:20 a.m. and 2:00 p.m., Chicago time, Monday through Friday, or during any
modified hours as applicable.

The EMM will make markets in 2 Year U. S. Treasury Note futures, at a minimum depth, and
within a bid-offer spread, as mutually agreed.

EMM Incentive

CBOT Transaction Fees — CBOT electronic transaction fees will be rebated for EMM
proprietary transactions in 2 Year U.S. Treasury Note futures traded on e-cbot. This fee waiver
period will coincide with EMM’s period of participation in this program

Term

The program will have a one year term, and may be extended if mutually agreed.

Termination

If there is a material breach of the EMM Agreement by either party, the non-breaching party may
terminate the Agreement, effective ten (10) days after written notice thereof to the breaching
party, unless the breaching party corrects or has initiated measures to correct the breach within

such ten (10) day period.

Notwithstanding any other provision of the Agreement, either the CBOT or EMM may terminate
the Agreement upon thirty (30) days written notice to the other party.

The parties may terminate the Agreement by mutual consent at any time.
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY CONSOLIDATED FINANCIAL INFORMATION
EXTRACTED FROM HUSSMANN INTERNATIONAL'S CONSOLIDATED FINANCIAL
STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS AND NOTES THERETO.
</LEGEND>
<MULTIPLIER>  1,000,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                              43
<SECURITIES>                                         0
<RECEIVABLES>                                      314
<ALLOWANCES>                                         6
<INVENTORY>                                        149
<CURRENT-ASSETS>                                   514
<PP&E>                                             364
<DEPRECIATION>                                     164
<TOTAL-ASSETS>                                     846
<CURRENT-LIABILITIES>                              239
<BONDS>                                            343
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                         217
<TOTAL-LIABILITY-AND-EQUITY>                       846
<SALES>                                            958
<TOTAL-REVENUES>                                   958
<CGS>                                              758
<TOTAL-COSTS>                                      758
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  16
<INCOME-PRETAX>                                     61
<INCOME-TAX>                                        22
<INCOME-CONTINUING>                                 39
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        39
<EPS-BASIC>                                     0.77<F1>
<EPS-DILUTED>                                     0.75
<FN>
<F1>For purposes of this exhibit, primary means basic.


</TABLE>
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# fcmdata0301
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14** 
**- 6**  **295**

JAHHAD MELEIK ,

P laintiff

- Appellant ,

v.

SUPERINTENDENT ROBERT JONES; CAPTAIN MARQUIS BETZ ,
Defendants

- Appellee s
.

Appeal from the United States District Court for the Ea stern District of North Carolina , at Raleigh

. Terrence W. Boyle , District Judge. ( 5 :1 2

- c t

- 0 3100

- BO )

Submitted : May 22, 2014 Decided: May 29, 2014

Before TRAXLER, Chief Judge, and HAMILTON and DAVIS, Senior Circuit Judges.

Affirm ed by un published per curiam opinion

.

Jahhad Meleik , Appellant Pro Se. Jodi Harrison, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Unpublis hed opinions are not binding precedent in this circuit.2 PER CURIAM:

Jahhad Meleik appeals the district court ’ s order
denying relief on his 42 U.S.C. § 1983 (200 6 ) complaint. We

have reviewed the record and find no reversible error.

Accordingly, we affi rm for the reasons stated by the district

court. Meleik v. Jones , No. 5:12

- ct

- 03100

- BO (E.D.N.C. Feb. 4,

2014) . We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before th is court and argumen t would not aid the decisional

process.

AFFIRMED
Case 1:07-cv-04463-AKH Document 47 Filed 03/17/2008 Page 1 of 2Case 1:07-cv-04463-AKH Document 47 Filed 03/17/2008 Page 2 of 2
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                     OF AMBER RESOURCES COMPANY OF COLORADO
                       PURSUANT TO 18 U.S.C. SECTION 1350


     I hereby certify that, to the best of my knowledge, the Annual Report on
Form 10-K of Amber Resources Company of Colorado for the period ending June
30, 2004:

     (1) 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 aspects, the financial condition and results of operations of Amber
Resources Company of Colorado.




/s/ Roger A. Parker
Roger A. Parker
Chief Executive Officer

September 22, 2004


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Amber Resources Company of
Colorado and will be retained by Amber Resources Company of Colorado and
furnished to the Securities and Exchange Commission upon request.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23 - 0486

__________________________________________________________________ STATE OF MONTANA, Plaintiff and Appellee, v. RANDY JOE FISH, Defendant and Appellant. **ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including November 2, 2024 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 6 2024

08/06/2024
Case Number: DA 23-0486
Exhibit 10.1


 


Entercom
Communications Corp. form of notice to option holders


regarding
the accelerated vesting of the Accelerated Options.


 


 


[Letterhead - Entercom
Communications Corp.]


 


December 19, 2005


 


Option Holders


Entercom Communications Corp.


 


Re:          Acceleration
of Vesting of Certain “Underwater” Stock Options


 


Dear [Name],


 


I am pleased to advise that, on December 13,
2005, the Compensation Committee (the “Committee”) of the Board of
Directors of Entercom Communications Corp. (the “Company”) approved the
acceleration of the vesting of, and fully vested, all of the Company’s
outstanding unvested stock options, granted under the Company’s Equity
Compensation Plan, as amended and restated (f/k/a the Entercom 1998 Equity
Compensation Plan), that: (i) have a strike price above $29.27 per share
(the market price of the Company’s Class A Common Stock as of the close of
business on December 13, 2005); and (ii) were granted prior to January 1,
2005 (the “Accelerated Options”).


 


This letter shall serve as an amendment to
the grant instrument of each Accelerated Option in that each such grant
instrument is hereby amended to reflect that all Accelerated Options are fully
vested.  Except as specifically provided
herein, all other terms of each such grant instrument remain unchanged.


 


	
   

  	
  Entercom Communications Corp.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  	
   

  
	
   

  	
   

  	
  John C. Donlevie

  
	
   

  	
   

  	
  Executive Vice President
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 17, 2023

NO. 03

- 22

- 00789

- CV

J. N. , Appellant

v.

Texas Department of Family and Protective Services , Appellee

APPEAL FROM THE 340TH DISTRICT COURT OF TOM GREEN COUNTY
BEFO RE J USTICES BAKER, SMITH, AND JONES

AFFIRMED

-- OPINION BY JUSTICE SMITH

This is an appeal from the order signed by the tr i a l c ourt on November 30, 2022

. Having

reviewed the record and the parties’ arguments, the C ourt holds that there was no reversible error

in the trial court’s order

. Therefore, the C ourt affirms the trial court’s order

. Because appellant

is indigent and u nab le to pay costs, no adjudica t i on of costs is made.
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