alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Notices]
[Page 56931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19448]


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

DEPARTMENT OF JUSTICE

National Institute of Corrections


Advisory Board Meeting

    Time and Date: 8 a.m. to 4:30 p.m. on Monday, October 17, 2005; 8 
a.m. to 12 p.m. on Tuesday, October 18, 2005.
    Place: The Radisson Hotel, Old Town Alexandria, 901 North Fairfax 
Street, Alexandria, Virginia 223147.
    Status: Open.
    Matters To Be Considered: Mental Health Hearing and Activities; 
Report Mentoring Children of Prisoners; DOJ Faith Based Office; Prison 
Rape Elimination Act (PREA) Panel American University Project; 
Quarterly Report by Office of Justice Programs.
    For Further Information Contact: Larry Solomon, Deputy Director, 
202-307-3106, ext. 44254.

Morris L. Thigpen,
Director.
[FR Doc. 05-19448 Filed 9-28-05; 8:45 am]
BILLING CODE 4410-36-M
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

BRADLEY AG GARNER,

 Defendant - Appellant.

No. 10-30064

DC CR No. 3:09-5088 BHS-2

MEMORANDUM*

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

BRADLEY AG GARNER,

 Defendant - Appellant.

No. 10-30165

DC CR No. 3:09-05088 BHS-2

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

No. 10-30211

DC CR No. 3:09-05088 BHS-2

FILED

APR 15 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
The panel unanimously finds this case suitable for decision without **

oral argument. See Fed. R. App. P. 34(a)(2)(C).

2

BRADLEY AG GARNER,

 Defendant - Appellant.

Appeals from the United States District Court

for the Western District of Washington

Benjamin H. Settle, District Judge, Presiding

Submitted April 12, 2011** 

Seattle, Washington

Before: KLEINFELD, TASHIMA, and SILVERMAN, Circuit Judges.

Bradley Garner appeals the district court’s judgment of conviction and order

of restitution. We have jurisdiction pursuant to 28 U.S.C. § 1291. We remand for

amendment of the judgment and presentence investigation report (PSR). We

affirm in all other respects.

The conviction on Count 1 remains valid because it is supported by the

independently valid “money or property” theory. United States v. Pelisamen,

No.10-10022, slip op. 5011, 5022 (9th Cir. Apr. 13, 2011). Because the

government does not oppose Garner’s request for a limited remand instructing the

district court to delete all references to theft of honest services in the judgment and

PSR, we grant such relief.
3

The restitution order is proper. Because Garner was convicted of wire fraud

and mail fraud, both of which have a “scheme” element, the restitution order

correctly encompasses related but uncharged conduct. See Untied States v. BrockDavis, 504 F.3d 991, 998-99 (9th Cir. 2007); United States v. Grice, 319 F.3d

1174, 1177 (9th Cir. 2003).

We REMAND with instructions that the district court amend the judgment

and PSR by deleting all references to theft of honest services, 18 U.S.C. § 1346. 

We AFFIRM in all other respects.
# Official Journal C 135/2009

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2009.135.eng |
| --- | --- |
| Official Journal
  of the European Union | C 135 |
| | |
| English edition | Information and Notices | Volume 5213 June 2009 |

ISSN 1725-2423

doi:10.3000/17252423.C_2009.135.eng

Official Journal

of the European Union

C 135

English edition

Information and Notices

Volume 5213 June 2009

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM MEMBER STATES |
| 2009/C 135/01 | Commission communication concerning Article 4(3) of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, concerning the entities qualified to bring an action under Article 2 of this Directive (1) | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM MEMBER STATES

2009/C 135/01

Commission communication concerning Article 4(3) of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers' interests, concerning the entities qualified to bring an action under Article 2 of this Directive (1)

1

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
* Pursuant to 5TH CIR. R. 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. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 10, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-40026

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FERNANDO CARMONA-CALDERON, 

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:04-CR-860-1

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

Before JOLLY, DAVIS, and OWEN, Circuit Judges.

PER CURIAM:*

Fernando Carmona-Calderon appeals his sentence under 8

U.S.C. § 1326(a) and (b) for illegal reentry into the United

States after having been deported following conviction for an

aggravated felony. He asserts two bases for the appeal. 

First, Carmona-Calderon asserts that the district court’s

belief at the time of sentencing that the United States

Sentencing Guidelines were mandatory, rather than advisory,

requires reversal by this court under United States v. Booker,
No. 05-40026

-2-

125 S. Ct. 738 (2005). Because Carmona-Calderon preserved the

Fanfan error in the district court, we apply a harmless error

standard of review. See United States v. Mares, 402 F.3d 511,

520 n.9 (5th Cir.), cert. denied, 126 S. Ct. 43 (2005). 

The Government has not met its burden of proving that the

district judge would have imposed the same sentence under an

advisory guidelines regime. See United States v. Walters, 418

F.3d 461, 463-65 (5th Cir. 2005). Carmona-Calderon’s sentence is

thus vacated, and the case is remanded to the district court for

resentencing in accordance with Booker. 

Carmona-Calderon also maintains that the “felony” and

“aggravated felony” provisions of 8 U.S.C. § 1326(b) are

unconstitutional. This issue is foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998). Although CarmonaCalderon contends that Almendarez-Torres was incorrectly decided

and that a majority of the Supreme Court would overrule it in

light of Apprendi v. New Jersey, 530 U.S. 466 (2000), we have

repeatedly rejected such arguments on the basis that AlmendarezTorres remains binding. See United States v. Garza-Lopez, 410

F.3d 268, 276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). 

Carmona-Calderon properly concedes that his argument is

foreclosed in light of Almendarez-Torres and circuit precedent,

but he raises it here to preserve it for further review.

AFFIRMED IN PART, VACATED IN PART AND REMANDED.
MMC 06.30.2014 10Q Ex_10.4















Exhibit 10.4


June 6, 2014


Peter Zaffino
[Address]
[City, State, Zip Code]


Subject:    Terms of Employment




Dear Peter:


This amendment to the Letter Agreement, dated November 21, 2013, between you and Marsh & McLennan Companies, Inc. (the “2013 Letter Agreement”) revises the terms and conditions of your employment by Marsh & McLennan Companies, Inc.  The 2013 Letter Agreement will continue to govern your employment, except as specified below, effective as of May 14, 2014:


		
	1.
	Exhibit A to the 2013 Letter Agreement shall be deleted and replaced in its entirety with the attached Exhibit A.




Please acknowledge your agreement with the terms of this letter agreement by signing and dating below and the enclosed copy and returning one executed document to me on or before June 20, 2014.


Sincerely,




/s/ Daniel S. Glaser
Daniel S. Glaser
President and Chief Executive Officer
Marsh & McLennan Companies, Inc.






Accepted and Agreed:




/s/ Peter Zaffino            
(Signature)        




June 10, 2014                
(Date)













June 6, 2014
Peter Zaffino
Page 2




Exhibit A




 
	
		
	Annual Base Salary
	$1,000,000 (effective April 1, 2014)

	Annual Target Bonus Opportunity
	Bonus awards are discretionary. Anticipated target bonus of $2,250,000 commencing with the 2014 performance year (awarded in 2015). Actual bonus may range from 0% - 200% of target, based on achievement of individual performance objectives, Marsh’s performance and/or Marsh & McLennan Companies’ performance as Marsh & McLennan Companies may establish from time to time.

	Annual Target Long Term Incentive Opportunity
	Long-term incentive awards are discretionary.  Anticipated target grant date fair value of $3,000,000, commencing with the award made in 2015.
STATE of North Carolina v. Sammy Lee HENSLEY, Sr.

No. 252P17

Supreme Court of North Carolina.

December 7, 2017

Craig M. Cooley, Attorney at Law, Cary, for Hensley, Sammy Lee (Sr.).

Kimberly Randolph, Assistant Attorney General, David Learner, District Attorney, for State of North Carolina

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 25th of July 2017 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 7th of December 2017."

Upon consideration of the petition filed on the 25th of July 2017 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 7th of December 2017."
# Official Journal C 232/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 232 |
| | |
| English edition | Information and Notices | Volume 4927 September 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 232

English edition

Information and Notices

Volume 4927 September 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 232/1 | Euro exchange rates | 1 |
| 2006/C 232/2 | Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (1) | 2 |
| 2006/C 232/3 | Information procedure — Technical rules (1) | 4 |

Notice No

Contents

page

I   Information

Commission

2006/C 232/1

Euro exchange rates

1

2006/C 232/2

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (1)

2

2006/C 232/3

Information procedure — Technical rules (1)

4

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
## S IXTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
Case No. 6D 20 2 3

- 0872 Lower Tribunal No. CF 02

- 05635A

- XX

_____________________________
J AMES L AMAR G RIFFIN , Appellant

,

v.

S TATE OF F LORIDA , Appellee

.

_____________________________ Appeal pursuant to Fla. R. App. P. 9.141(b)( 2 ) from the Circuit Court for Polk County

. Melissa Gravitt

, Judge.

A u g u st 20, 2024

PER CURIAM.

AFFIRMED

.

STARGEL , NARDELLA and SMITH
, JJ., c oncur.

Rachael E. Reese, of O’Brien Hatfield Reese, P.A., Tampa, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
#### Linda TENNEY v. BURLINGTON NORTHERN & SANTA FE RAILWAY CO., La & Delta Railroad Co., City of New Iberia, Parish of Iberia & the State of Louisiana Through the Department of Transportation and Development.

No. 2003-C-1260.

Supreme Court of Louisiana.

Sept. 19, 2003.

In re Tenney, Linda; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Iberia, 16th Judicial District Court Div. F, No. 97,025-F; to the Court of Appeal, Third Circuit, No. 02-1451.

Granted.
**EXHIBIT
      32.2**


**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Report of Radial Energy, Inc. (the "Company") on Form 10-QSB
      for the period ending June 30, 2007, as filed with the Securities and Exchange
      Commission on the date hereof (the "Report"), I, G. Leigh Lyons, Chief Financial
      Officer of the Company, certify, to the best of my knowledge, pursuant to
      Exchange Act Rule 15d-14(b) and 18 U.S.C. Section 1350, as adopted pursuant
      to
      Section 906 of the Sarbanes Oxley Act of 2002, that:





i.
      The
      Report fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





ii.
      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, 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 Radial Energy, Inc. and will be retained
      by
      Radial Energy, Inc. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.





Date:
                August 14, 2007/s/
                G. LEIGH LYONSName:
                G. Leigh LyonsTitle:
                Chief Financial Officer
State of North Carolina, v. Ronnie Barnette Neal, Jr., Defendant.

No. COA16-510

Court of Appeals of North Carolina.

Filed: December 6, 2016

AFFIRMED.
In the Matter of Todd W. Short

No. 46P16

Supreme Court of North Carolina.

July 13, 2016.

Todd Short, for Short, Todd W.

James U. Downs, Senior Resident Judge.

Alan Z. Thornburg, Asheville.

Steven Kropelnicki, Jr., Attorney at Law, Asheville.

**ORDER**

Upon consideration of the petition filed by Petitioner on the 11th of February 2016 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

*6"Denied by order of the Court in conference, this the 13th of July 2016."

The following order has been entered on the motion filed on the 15th of February 2016 by Petitioner for ADA Accommodations:

"Motion Dismissed as moot by order of the Court in conference, this the 13th of July 2016."

Upon consideration of the petition filed by Petitioner on the 24th of June 2016 in this matter for discretionary review under G.S. 7A-31 prior to a determination by the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 13th of July 2016."

The following order has been entered on the motion filed on the 30th of June 2016 by Petitioner for Expedited Consideration of Petition for Writ of Certiorari:

"Motion Dismissed as moot by order of the Court in conference, this the 13th of July 2016."

The following order has been entered on the motion filed on the 30th of June 2016 by Petitioner for Expedited Consideration of Petition for Discretionary Review:

"Motion Dismissed as moot by order of the Court in conference, this the 13th of July 2016."

The following order has been entered on the motion filed on the 8th of July 2016 by Petitioner to Strike:

"Motion Denied by order of the Court in conference, this the 13th of July 2016."

The following order has been entered on the renewed motion filed on the 12th of July 2016 by Petitioner to Expedite Writ of Certiorari from Order of N.C. Court of Appeals:

"Motion Dismissed as moot by order of the Court in conference, this the 13th of July 2016."
10.2 GregCaseExtensionLetter


Exhibit 10.2




Greg Case
Aon Service Corporation 
United States (U.S.)


July 1, 2014


Relocation Assignment Extension


Dear Greg - 


This letter documents the extension of your international assignment for an additional twenty-four (24) months. For the duration of your ongoing assignment, you will continue to work exclusively for the benefit of Aon plc.  Your current role as President and Chief Executive Officer, remains unchanged.  As an executive, Aon plc may require you to resign from any directorship or other corporate office in Aon plc or any affiliate of Aon plc at any time without compensation and/or take up any other directorship or corporate office for Aon plc instead of or in addition to such directorship or other office without any additional remuneration.
With the exception of the changes outlined below, which amend and supplement the terms of the attached original assignment letter dated January 12, 2012 (Attachment), the terms and conditions of your assignment remain unchanged and in full force.
		
	1)
	Effective July 1, 2014, your annual cost of living allowance (COLA) is USD 97,500.  This reflects a foreign exchange rate of USD 1.70 to GBP 1.00.


		
	2)
	Your annual base housing allowance will increase by 5% annually effective July 1, 2014 to USD 382,013 and USD 401,113 effective July 1, 2015.  


		
	3)
	The exchange rates for the COLA and housing allowance will be reviewed quarterly and adjusted accordingly to reflect foreign exchange variation.  I will meet with you to review the quarterly adjustment methodology.


During your assignment, all components of your remuneration and benefits package are provided in consideration of your work on behalf of Aon plc and any corporate office held for such entity.
If you agree to the terms of this extension please sign the declaration below and return to me.  Please contact me or your manager with any questions.
Sincerely - 


/s/ Gregory J. Besio
Gregory J. Besio
EVP and Chief Human Resources Officer








I acknowledge receipt of this letter of understanding and accept the terms and conditions contained herein.


	
			
	/s/ Greg Case
	 
	July 1, 2014

	Greg Case
	 
	Date
1643.

#### HOPKINS *v.*THE STATE.

‘Where a defendant is arrested .on a criminal warrant issued by a magistrate and, without demanding a committal trial, enters into a bond for his appearance at the court having jurisdiction to try him for the criminal ■ Offense, 'he -theréby -waives committal trial.

Accusation o‘f vagrancy, from city court of Cartersville — Judge ’Foute. December 15, 1908.

Argued February 9,

Decided February 20, 1909.

*James B. Conyers,*for plaintiff in error.

*Walt K. Milner, so'Kcitor.,*contra.

*701Powell, J.

This case raises substantially the' same point as that raised in *Hopkins*v. State, supra (63 S. E. 718). It appears, however, in the present case that the defendant was arrested on a warrant issued by a magistrate and gave bond for his appearance at the-December term of the city court of Cartersville, without demanding a committal trial on the warrant. Under the act of 1902 (Georgia Laws 1902, p. 118), the city court of. Cartersville had, jurisdiction to force him to trial and to overrule his demand for indictment by the grand jury. The giving of the appearance bond, under the circumstances, operated as a waiver of the committal, trial. *Judgment affirmed..*
BLUE RIDGE HEALTHCARE HOSPITALS, INC. d/b/a Carolinas Healthcare System - Blue Ridge, Petitioner v. NC DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, HEALTHCARE PLANNING AND CERTIFICATE OF NEED SECTION, Respondent and Caldwell Memorial Hospital, Inc. and SCSV, LLC, Respondent-Intervenors

No. 361P17

Supreme Court of North Carolina.

December 7, 2017

Maureen D. Murray, Attorney at Law, Carrie A. Hanger, Attorney at Law, Greensboro, Matthew N. Leerberg, Attorney at Law, Raleigh, Terrill Johnson Harris, Attorney at Law, Greensboro, Elizabeth Brooks Scherer, Attorney at Law, Raleigh, for Blue Ridge Healthcare Hospitals, Inc. d/b/a Carolinas Healthcare System-Blue Ridge.

Jill A. Bryan, Attorney at Law, Raleigh, June S. Ferrell, Special Deputy Attorney General, for N.C. Department of Health and Human Services, Division of Health Service Regulation, Healthcare Planning and Certificate of Need Section.

Joy Heath, Attorney at Law, Ruth A. Levy, Attorney at Law, Elizabeth D. Scott, Attorney at Law, Raleigh, for Caldwell Memorial Hospital, Inc., et al.

***ORDER***

Upon consideration of the petition filed on the 24th of October 2017 by Petitioner in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 7th of December 2017."
STATE v. Paul Anthony RAMEY

125P17-1

Supreme Court of North Carolina.

June 8, 2017

John Keating Wiles, Attorney at Law, Raleigh, Paul Anthony Ramey, for Ramey, Paul Anthony.

Anne M. Middleton, Special Deputy Attorney General, James R. O'Neill, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 18th of April 2017 by Defendant for Petition for Rehearing En Banc:

"Motion Dismissed by order of the Court in conference, this the 8th of June 2017."
#### Benjamin Lee BELL, Appellant, v. STATE of Florida, Appellee.

No. 5D03-1061.

District Court of Appeal of Florida, Fifth District.

Sept. 2, 2003.

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Day-tona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. *See State v. Causey,*503 So.2d 321 (Fla.1987).

SHARP, W., PETERSON and PLEUS, JJ., concur.