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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-7018

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

HERBERT SMART,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Raymond A. Jackson, District

Judge. (2:97-cr-00025-RAJ-5)

Submitted: August 8, 2008 Decided: August 27, 2008

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Herbert Smart, Appellant Pro Se. Laura Marie Everhart, Assistant

United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Herbert Smart appeals the district court’s order denying

his motion under 18 U.S.C. § 3582(c)(2) (2000), seeking a reduction

to his sentence based on an amendment to the Sentencing Guidelines.

We have reviewed the record and find no reversible error.

Accordingly, we find the district court did not abuse its

discretion in denying the motion. See United States v. Goines, 357

F.3d 469, 478 (4th Cir. 2004) (motion under § 3582(c) “is subject

to the discretion of the district court”); United States v. Legree,

205 F.3d 724, 727 (4th Cir. 2000). 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
STATE of North Carolina v. Harrell Garrett THACH.

No. COA15-511.

Court of Appeals of North Carolina.

Dec. 15, 2015.

**Case Reported Without Published Opinion**

No prejudicial error in part; no error in part.
[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Rules and Regulations]
[Page 53918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18157]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-21707; Airspace Docket No. 05-ACE-22]


Modification of Class E Airspace; Lincoln, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments; correction.

-----------------------------------------------------------------------

SUMMARY: This action corrects a direct final rule; request for comments 
that was published in the Federal Register on Friday, July 29, 2005 (70 
FR 43741) [FR Doc. 05-21707].

DATES: This direct final rule is effective on 0901 UTC, October 27, 
2005.

FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION:

History

    Federal Register Document 05-21707, published on Friday, July 29, 
2005 (70 FR 43741), modified Class E Airspace at Lincoln, NE. The 
phrase ``This Class E airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective date and time will thereafter be continuously published in 
the Airport/Facility Directory.'' was incorrectly deleted from the 
legal description of the Class E2 airspace. This action corrects that 
error.

0
Accordingly, pursuant to the authority delegated to me, the error in 
the legal description of the Class E2 airspace area at Lincoln, NE, as 
published in the Federal Register on Friday, July 29, 2005 (70 FR 
43741) [FR Doc. 05-21707], is corrected as follows:

PART 71--[AMENDED]


Sec.  71.1  [Corrected]

    On page 43742, Column 3, at the end of the legal description of ACE 
NE E2 Lincoln, NE, add the phrase ``This Class E airspace area is 
effective during the specific dates and times established in advance by 
a Notice to Airmen. The effective date and times will thereafter be 
continuously published in the Airport/Facility Directory.''

    Issued in Kansas City, MO, on September 2, 2005.
Elizabeth S. Wallis,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 05-18157 Filed 9-12-05; 8:45 am]
BILLING CODE 4910-13-M
Kevin REAVIS and Wendy Reavis, Plaintiffs, v. Benjamin David COLLINS, Renae Collins and Dean Wilson and Wanda Wilson, Defendants.

No. COA15-545.

Court of Appeals of North Carolina.

Nov. 3, 2015.

**CASE REPORTED WITHOUT PUBLISHED OPINION**

Dismissed.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00088-CV

Diane S. Jones, Appellant

v.

Texas Comptroller of Public Accounts, Appellee

FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY

NO. D-1-GN-19-005814, THE HONORABLE TIM SULAK, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant’s brief was originally due on April 29, 2021. On May 20, 2021, this 

Court sent a notice to appellant informing her that her brief was overdue and that a failure to file 

a satisfactory response by June 1, 2021, would result in the dismissal of this appeal for want of 

prosecution. To date, appellant has not filed a brief or a motion for extension of time. 

Accordingly, we dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

__________________________________________

Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Baker and Smith

Dismissed for Want of Prosecution

Filed: June 30, 2021
ex10_2.htm







DEBT CONVERSION AGREEMENT







THIS LOAN CONVERSION AGREEMENT (the “Agreement”) is entered into as of August 3, 2010 (the “Effective Date”) by and between Doreen McMorran (“Debtor”) whose address is 356 Vincents Hollow Circle, Henderson, NV. 89052 and Skinvisible, Inc., a Nevada corporation (the “Company”), whose address is 6320 South Sandhill Road, Suite 10, Las Vegas, NV 89120.







WHEREAS, Employee in lieu of salary and interest, is owed by the Company in total, the sum of One Hundred and Sixty Seven Thousand Dollars ($167,000), (the “Principal”) to the Company in exchange for employment services rendered.







NOW THEREFORE, in consideration of the covenants contained herein, the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:







The Principal amount of the debt will be converted into Three Million Three Hundred and Forty Thousand (3,340,000) shares of common stock of Skinvisible, Inc. at the rate of Five Cents ($0.05) per share.  The share certificate will be issued in the name of your designate.  In addition, the Company will issue a warrant agreement in the name of your designate, which will give the holder the right to purchase further shares at Eight Cents ($0.08) per share if exercised within three (3) years following the conversion date.  The warrant agreement will give the holder the right to purchase one share for every two shares acquired by the holder in this transaction for an aggregate total of One Million Six Hundred and Seventy Thousand (1,670,000) additional shares at the above price.







IN WITNESS WHEREOF, the parties, intending to be bound hereby, have executed


this Agreement as of the date first written above.












/s/ Doreen McMorran


By:  Doreen McMorran












SKINVISIBLE, INC.












/s/ Terry Howlett


By:  Terry Howlett, President
Exhibit 32.1

                                  JETFLEET III

                    Certification of Chief Executive Officer
                  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 quarterly report of JetFleet III (the "Company") on Form
10-QSB for the period ended June 30, 2004 (the "Report"), I, Neal D. Crispin,
Chief Executive Officer of the Company, hereby certify as of the date hereof,
solely for purposes of Title 18, Chapter 63, Section 1350 of the United States
Code, that to the best of my knowledge:

              (1) the Report fully complies with the requirements of Section
              13(a) or 15(d), as applicable, 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 at the dates and for the periods
              indicated.

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to JetFleet III and will be retained
by JetFleet III and furnished to the Securities and Exchange Commission or its
staff upon request.

This Certification has not been, and shall not be deemed, "filed" with the
Securities and Exchange Commission.


Date:  August 16, 2004              /s/     Neal D. Crispin
                                    --------------------------
                                    Neal D. Crispin
                                    President, Chief Financial Officer
EXHIBIT 32.2

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 Annual
Report of RAIT Financial Trust (the Company) on Form 10-K for the fiscal ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jack E. Salmon, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/    Jack E. SalmonJack E. Salmon Chief Financial
Officer


February 25, 2011



132
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00425-CV

In the Matter of J. X. R.

FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH JUDICIAL DISTRICT

NO. 3032C, HONORABLE DIB WALDRIP, JUDGE PRESIDING 

M E M O R A N D U M O P I N I O N

Counsel for the appellant J.X.R. has filed a letter informing the Court that his client

no longer wishes to pursue this appeal and requesting the Court to dismiss the appeal. We construe

counsel’s letter as a motion to dismiss, grant the motion, and dismiss the appeal. Tex. R. App. P.

42.1(a).

__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Waldrop and Henson

Dismissed on Appellant’s Motion

Filed: August 15, 2008
<PAGE>
                                                                   Exhibit 10.25


                 ALLONGE TO CONVERTIBLE NOTE DATED JUNE 18, 2002

            Reference is hereby made to the Convertible Note dated June 18,
2002, as amended by the Allonge dated December 2, 2002 (the "Note") by and
between Briazz, Inc., a Washington corporation (the "Maker"), with principal
offices located at 3901 7th Avenue South, Suite 200, Seattle, WA 98108, and
Laurus Master Fund, Ltd. (the "Payee"), with principal offices at c/o Ironshore
Corporate Services Ltd., P.O. Box 1234 G.T., Queensgate House, South Church
Street, Grand Cayman, Cayman Islands. Terms used herein and not otherwise
defined herein shall have the meanings set forth in the Note.

      Maker and Payee hereby agree to amend the Note as follows:

      1.    The first sentence of Section 2.4 of the Note, shall be amended and
            restated as follows:

            "Notwithstanding anything to the contrary herein, if the average
            VWAP of the Common Stock as reported by Bloomberg, L.P. on the
            Principal Market for the 11 trading days preceding either a
            Repayment Date or date of Repayment Election Notice was less than
            125% of the Fixed Price, and the Borrower has elected to pay all or
            a portion of the Monthly Amount in shares of Common Stock, then,
            instead of the Borrower delivering the required number of shares of
            Common Stock on the Repayment Date, the Holder will be permitted to
            convert up to the Monthly Amount that is payable in shares of Common
            Stock at a Conversion Price of 85% of the average of the five (5)
            lowest closing prices during the thirty (30) trading days
            immediately preceding the Conversion Date."

            The remainder of Section 2.4 remains the same.

      2.    There are no other modifications to the Note. On or after the
effective date of this Allonge, each reference in the Note to "this Note",
"hereunder", "hereof" or words of like import referring to this Note, shall mean
the Note as modified by this Allonge and the allonge dated December 2, 2002.
This Note, as modified by this Allonge and the allonge dated December 2, 2002 is
and shall continue to be in full force and effect and is hereby in all respects
ratified and confirmed. This Allonge may be executed in separate counterparts,
each of which shall be an original and both of which taken together shall
constitute the same Allonge.

                                          Dated: January ____, 2003

                                          BRIAZZ, INC.


                                          By:____________________________

                                          Name/Title: _____________________


AGREED AND ACCEPTED

LAURUS MASTER FUND, LTD.

By:________________________
Name:
Title:
STATE v. Jonathan Douglas RICHARDSON.

No. 272A14-1.

Supreme Court of North Carolina.

April 6, 2016.

David Weiss, Durham, for Richardson, Jonathan Douglas.

Gregory Butler, Assistant District Attorney, for State of North Carolina.

Paul Jackson, Assistant District Attorney, for State of North Carolina.

Daniel P. O'Brien, Special Deputy Attorney General, for State of North Carolina.

Susan I. Doyle, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 6th of April 2016 by Defendant for Extension of Time to Prepare Trial Transcript:

> "Motion Allowed by order of the Court in conference, this the 6th of April 2016."

Court reporter shall have up to and including the 7th day of June 2016 to prepare and deliver transcript to counsel.
[Federal Register Volume 70, Number 178 (Thursday, September 15, 2005)]
[Notices]
[Page 54559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18283]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2004N-0486]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Experimental Study of Health Claims 
on Food Packages

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Experimental Study of Health 
Claims on Food Packages'' has been approved by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Peggy Robbins, Office of Management 
Programs (HFA-250), Food and Drug Administration, 5600 Fishers Lane, 
Rockville, MD 20857, 301-827-1223.

SUPPLEMENTARY INFORMATION: In the Federal Register of April 20, 2005 
(70 FR 20568), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0565. 
The approval expires on August 31, 2008. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.fda.gov/ohrms/dockets.

    Dated: September 7, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05-18283 Filed 9-14-05; 8:45 am]
BILLING CODE 4160-01-S
Exhibit 32.2






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 on Form 10-Q of LIN Television Corporation for the three months ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Vincent L. Sadusky, President and Chief Executive Officer of the Company, and Richard J. Schmaeling, Senior Vice President and Chief Financial Officer, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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 the Company.







Dated: April 27, 2010                           /s/ Vincent L. Sadusky


Vincent L. Sadusky


President and Chief Executive Officer








Dated: April 27, 2010                          /s/ Richard J. Schmaeling


Richard J. Schmaeling


Senior Vice President and Chief Financial Officer
II 

110TH CONGRESS 

1ST SESSION S. 659 

To amend section 1477 of title 10, United States Code, to provide for 

the payment of the death gratuity with respect to members of the 

Armed Forces without a surviving spouse who are survived by a minor 

child. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2007 

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

to the Committee on Armed Services 

A BILL 

To amend section 1477 of title 10, United States Code, 

to provide for the payment of the death gratuity with 

respect to members of the Armed Forces without a surviving spouse who are survived by a minor child. 

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

3 SECTION 1. PAYMENT OF DEATH GRATUITY WITH RESPECT 

4 TO MEMBERS OF THE ARMED FORCES WITH5 OUT A SURVIVING SPOUSE WHO ARE SUR6 VIVED BY A MINOR CHILD. 

7 Section 1477 of title 10, United States Code, is 

8 amended— 


hsrobinson on PROD1PC76 with BILLS
2 

•S 659 IS

1 (1) in subsection (a), by inserting ‘‘, subject to 

2 subsection (d),’’ after ‘‘shall be paid’’; 

3 (2) by redesignating subsection (d) as sub4 section (e); and 

5 (3) by inserting after subsection (c) the fol6 lowing new subsection (d): 

7 ‘‘(d)(1) In the case of a person covered by section 

8 1475 or 1476 of this title who has no surviving spouse, 

9 but who has one or more surviving children (as prescribed 

10 by subsection (b)) under the age of 18 years who, after 

11 the death of the person, will be in the custody of a parent 

12 (as prescribed by subsection (c)) or brother or sister (as 

13 prescribed by subsection (a)) of the person, the death gra14 tuity shall be paid to such parent, brother, or sister as 

15 designated by the person, whether in the full amount pay16 able under section 1478 of this title or in such portion 

17 of such amount as the person shall specify. 

18 ‘‘(2) If the amount of the death gratuity specified for 

19 payment under paragraph (1) is less than the full amount 

20 of the death gratuity payable under section 1478 of this 

21 title, the balance of the amount of the death gratuity shall 

22 be paid to or for the living survivors of the person con23 cerned in accordance with paragraphs (2) through (5) of 

24 subsection (a). 


hsrobinson on PROD1PC76 with BILLS
3 

•S 659 IS

1 ‘‘(3) An individual designated for the payment of 

2 death gratuity under paragraph (1) shall be treated as an 

3 eligible survivor for purposes of subsection (e).’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS
RECKSON OPERATING PARTNERSHIP, L.P.
                                  EXHIBIT 32.1
  CERTIFICATION OF SCOTT H. RECHLER, CHIEF EXECUTIVE OFFICER AND PRESIDENT OF
  RECKSON ASSOCIATES REALTY CORP., THE SOLE GENERAL PARTNER OF THE REGISTRANT,
  PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE


I, Scott H. Rechler, Chief Executive Officer and President of Reckson Associates
Realty Corp., the sole general partner of Reckson  Operating  Partnership,  L.P.
(the "Company"),  certify pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, 18 U.S.C. Section 1350, that:

      1)    The  Quarterly  Report on Form 10-Q of the Company for the quarterly
            period ended June 30, 2004 (the  "Report")  fully  complies with the
            requirements  of Section 13(a) or 15(d) of the  Securities  Exchange
            Act of 1934 (15 U.S.C. 78m or 78o(d)); 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: August 9, 2004
                         By             /s/ Scott H. Rechler
                           -----------------------------------------------------
                           Scott H. Rechler,  Chief Executive  Officer and
                           President of Reckson  Associates Realty Corp.,
                           the sole general partner of the Registrant


A signed  original of this  written  statement  required by Section 906 has been
provided to Reckson  Operating  Partnership,  L.P.  and will be furnished to the
Securities and Exchange Commission or its staff upon request.
#### Raymond Fleming, Plaintiff, v Custom Building Systems, Inc., Defendant and Third-Party Plaintiff-Respondent. JMR Homes, Inc., Third-Party Defendant-Appellant.

[800 NYS2d 643]

In an action to recover damages for personal injuries, the third-party defendant appeals from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated June 8, 2004, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are triable issues of fact which preclude summary judgment dismissing the third-party complaint for indemnification and contribution *(see Murphy v WFP 245 Park Co., L.P.,*8 AD3d 161, 162 [2004]; *Bornschein v Shuman,*7 AD3d 476, 479 [2004]; *cf. O'Donoghue v New York City School Constr. Auth.,*1 AD3d *930333, 336 [2003]). Thus, the third-party defendant’s motion was properly denied. Prudenti, P.J., Florio, Crane and Lifson, JJ., concur.