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

No. 23
- 6495

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. DALLAS EDWARD WEBER, JR. , Defendant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Clarksburg

. Thomas S. Kleeh, Chief District Judge. ( 1:21

- cr - 00020

- TSK

- MJA

- 1 )

Submitted : September 28 , 2023 Decided: October 3, 2023

Before NIEMEYER, THACKER, and RUSHING , Circuit Judges.

Affirmed by un published per curiam opinion

.
Dallas Edward Weber, Jr. , Appellant Pro Se. Sarah Wagner, Assistant U. S. Attorney , OFFICE OF THE UNITED STATES ATTORNEY , Clarksburg, West Virginia, for Appel lee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6495 Doc: 14 Filed: 10/03/2023 Pg: 1 of 22 PER CURIAM: Dallas Edward Weber, Jr., appeals t he district court ’ s order denying his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), as amended by the First Step Act of 2018, Pub. L. No. 115

- 391, § 603(b)(1), 132 Stat. 5194, 5239. We review the district court’s ruling on a motion for compassionate release for abuse of discretion. United
States v. Bethea , 54 F.4th 826, 831 (4th Cir. 2022)

. Upon review of the record, we discern no abuse of discretion in the district court ’ s determination that Weber failed to present an extraordinary and compelling reason for release based on his challenge to the court’s jurisdiction over his criminal prosecution

. See United St ates v. Ferguson , 55 F.4th 262,
27 2 (4th Cir. 2022) (“[A] compassionate release motion cannot be used to challenge the validity of a defendant’s conviction or sentence.”) , petition for cert. filed , No. 22

- 1216 (U.S. June 16, 2023)

. Accordingly, we deny th e Government’s motion to dismiss the appeal and affirm the district court ’ s order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED USCA4 Appeal: 23-6495 Doc: 14 Filed: 10/03/2023 Pg: 2 of 2
EXHIBIT
32.1









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 the Annual Report of
Visual Management Systems, Inc. (the “Company”) on Form 10-Q for the period
ended March 31, 2008, as filed with the Securities and Exchange Commission (the
“Report”), I, Jason Gonzalez, President and Chief Executive Officer of the
Company, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:




(1)           the
Report fully complies with the requirements of §13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, 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.




Date:  May
      20, 2008
            By:
            /s/ Jason GonzalezJason
      GonzalezPresident
      and Chief Executive Officer
Exhibit 31.2





CERTIFICATION
PURSUANT TO RULE 13a-14 UNDER THE SECURITIES


EXCHANGE ACT OF
1934





I, Daniel
P. Hansen, certify that:





1)           I
have reviewed this quarterly report on Form 10-Q of Summit Hotel Properties,
LLC;





2)           Based
on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;





3)           Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and
for, the periods presented in this report;





4)           The
registrant’s other certifying officer(s) and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:





(a)           Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this report is being prepared;





(b)           Evaluated
the effectiveness of the registrant’s disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and





(c)           Disclosed
in this report any change in the registrant’s internal control over financial
reporting that occurred during the registrant’s most recent fiscal quarter (the
registrant’s fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the
registrant’s internal control over financial reporting; and





5)           The
registrant’s other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
registrant’s auditors and the audit committee of the registrant’s board of
directors (or persons performing the equivalent functions);








(a)           All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the registrant’s ability to record, process, summarize and
report financial information; and





(b)           Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant’s internal control over financial
reporting.





Date:
November 16, 2009





/s/
      Daniel P. HansenDaniel
      P. HansenChief
      Financial Officer
STATE of North Carolina, v. Johnny Jermaine MCMILLAN, Defendant.

No. COA17-1305

Court of Appeals of North Carolina.

Filed: August 21, 2018

NO ERROR.
**EXHIBIT 32**





**Certification
      of Chief Executive Officer and Chief Financial 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 the Quarterly Report on Form 10-QSB of Answers Corporation
      (the “Company”) for the quarter ended September 30, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), Robert S.
      Rosenschein, as Chief Executive Officer of the Company, and Steven Steinberg,
      as
      Chief Financial Officer of the Company, each hereby certifies, pursuant to
      18
      U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to
      the best of his knowledge, respectively, 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/
              Robert S. RosenscheinName:
                Robert S. Rosenschein
              Title:
                Chief Executive Officer
              Dated:
                November 13, 2006/s/
              Steven SteinbergName:
                Steven Steinberg
              Title:
                Chief Financial Officer
              Dated:
                November 13, 2006











The
      foregoing certification is being furnished pursuant to 18 U.S.C.
      Section 1350.  It is not being filed for purposes of Section 18
      of the Securities Exchange Act of 1934, as amended, and it is not to be
      incorporated by reference into any filing of the Company, regardless of any
      general incorporation language in such filing.
Christina M. WHITMORE, Plaintiff, v. Justen Lee WHITMORE, Defendant.

No. COA17-988

Court of Appeals of North Carolina.

Filed: August 21, 2018

AFFIRMED.
N O T F O RP U B L IC A T IO NIN W E S T ' S H AWA I # I RE P O R T S A N D P A C IF IC RE P O R T E R



### NO. CAAP-19-0000876

IN THE INTERMEDIATE COURT OF APPEALS
O F THE STATE OF HAWAI # I
HONOLULU STUDENT HOUSING ONE, LLC., Plaintiff-Appellee, v.

MERCEDEZ GONZALEZ, Defendant-Appellant

A PPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT H ONOLULU DIVISION (CIVIL NO. 1DRC-19-1398)

ORDER DISMISSING APPEAL (By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.) Upon review of the record, it appears that:(1) On December 27, 2019, self-represented DefendantAppellant Mercedez Gonzalez (Gonzalez) filed the notice of appeal; (2) On February 6, 2020, the district court clerk filed the record on appeal, and the appellate clerk notified the parties that, among other things, the opening brief was due on or before March 17, 2020;

(3) Gonzalez failed to file the opening brief or request an extension of time;

(4) On April 24, 2020, the appellate clerk notified Gonzalez that the time for filing the opening brief had expired, the matter would be called to the court's attention on May 4, 2020, for appropriate action, which could include dismissal of Electronically Filed Intermediate Court of Appeals CAAP-19-0000876 28-MAY-2020 10:11 AMN O T F O RP U B L IC A T IO NIN W E S T ' S H AWA I # I RE P O R T S A N D P A C IF IC RE P O R T E R



### the appeal, under Hawai # i Rules of Appellate Procedure Rule 30, and Gonzalez could request relief from default by motion; and

(5) Gonzalez took no further action in this appeal. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed. DATED: Honolulu, Hawai # i, May 28, 2020. /s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Clyde J. Wadsworth Associate Judge

2
STATE of North Carolina v. Harvey Lee GRADY, Defendant.

No. COA17-731

Court of Appeals of North Carolina.

Filed: July 3, 2018

NO ERROR.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
     Company's consolidated balance sheet and consolidated statement of
     operations and is qualified in its entirety by reference to such
     consolidated financial statements together with the related footnotes
     thereto
</LEGEND>
<CIK>                         0001066797
<NAME>                        Scotia Pacific Company LLC
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              Dec-31-1999
<PERIOD-START>                                 Jan-1-1999
<PERIOD-END>                                   Dec-31-1999
<EXCHANGE-RATE>                                1
<CASH>                                         1,300
<SECURITIES>                                   15,900
<RECEIVABLES>                                  4,500
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               26,500
<PP&E>                                         26,000
<DEPRECIATION>                                 9,500
<TOTAL-ASSETS>                                 491,100
<CURRENT-LIABILITIES>                          47,000
<BONDS>                                        859,500
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     (399,400)
<TOTAL-LIABILITY-AND-EQUITY>                   491,100
<SALES>                                        51,400
<TOTAL-REVENUES>                               51,400
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               20,200
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             65,500
<INCOME-PRETAX>                                (32,400)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (32,400)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (32,400)
<EPS-BASIC>                                    0
<EPS-DILUTED>                                  0



</TABLE>
IN RE: Maud Edwin Elliot INGRAM

431P17-2

Supreme Court of North Carolina.

March 1, 2018

Maud Edwin Elliot Ingram, for Ingram, Maud Edwin Elliot.

Daniel P. O'Brien, Special Deputy Attorney General, Valerie Mitchell Asbell, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 1st of February 2018 by Petitioner to Make Written Findings and Facts Concluding Law:

*875"Motion Dismissed by order of the Court in conference, this the 1st of March 2018."
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-14-00181-CR

WILLIAM JAMES AKIN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 336th District Court

Fannin County, Texas

Trial Court No. CR-13-24979

Before Morriss, C.J., Moseley and Burgess, JJ.

Memorandum Opinion by Chief Justice Morriss
2

MEMORANDUM OPINION

William James Akin was convicted by a Fannin County jury in this case of indecency with 

a child by sexual contact1and assessed punishment of twenty years’ imprisonment. This case was 

tried with three companion cases, which are the subject of other appeals pending before this Court.2 

Akin filed a single, consolidated brief covering all four appeals, in which he contends that the trial 

court erred (1) in admitting two photographs of adult pornographic websites and two photographs 

of internet search history pages and (2) in granting the State’s challenge of a juror for cause.

The arguments raised in this appeal are based exclusively on the arguments brought before 

this Court in the companion appeal styled Akin v. State, cause number 06-14-00178-CR. In our 

opinion of this date disposing of that appeal, we found that (1) although the trial court erred, there 

was no reversible error in the admission of the complained-of evidence and (2) the trial court did 

not abuse its discretion in granting the State’s challenge for cause. For the reasons set forth in that 

opinion, we likewise overrule Akin’s points of error as they apply to this appeal.

 

1See TEX. PENAL CODE ANN. § 21.11(a)(1), (c)(2) (West 2011).

2

In his companion cause numbers, 06-14-00178, 06-14-00179, and 06-14-00180, Akin appeals from his convictions 

of one count of sexual assault of a child and two counts of indecency with a child by sexual contact.
3

We affirm the judgment of the trial court.

Josh R. Morriss III

Chief Justice

Date Submitted: August 10, 2015

Date Decided: September 16, 2015

Do Not Publish
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 12

- 00369

- CV

Peggy M. Blackburn

v.

Gilden B. Blackburn §

§

§

§ From the 43rd District Court

of Parker County (CV06

- 0012)

May 7, 2 015

Opinion by Justice Dauphinot



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in part of the trial court’s judgment. It is ordered that the

judgment of the trial court is affirmed in part and reve rsed in part. We reverse

the trial court’s judgment to the extent that it adjudicated any healthcare

reimbursement claims and render judgment that no such claims were raised or

adjudicated

. We affirm the trial court’s judgment as modified.

It is further ordered that each party shall bear his or her own costs of this

appeal, for which let execution issue.

S ECOND DISTRICT COURT OF APPEALS

By

__ /s/ Lee Ann Dauphinot

_____________ Justice Lee Ann Dauphinot
EX-10.44



 Exhibit 10.44 
 CxCIC, LLC 
 500 Park Avenue, Floor 8 

New York, New York 10022 
                  , 2013 
 Ply Gem Industries, Inc. 
 5020 Weston Parkway, Suite 400 

Cary, North Carolina 27513 
 Attention: Shawn Poe

 Dear Sir: 
 We
refer to the Advisory Agreement, dated as of February 12, 2004, as amended by Amendment No. 1 to Advisory Agreement, dated as of November 6, 2012 (as amended, the “Advisory Agreement”), by and between Ply Gem
Industries, Inc. (the “Company”) and CxCIC, LLC (“CIC”). This letter evidences the agreement of the Company and CIC with respect to the termination of the Advisory Agreement and the consequences thereof in
connection with the consummation of the initial public offering of common stock (the “IPO” and, the consummation of the IPO, the “IPO Closing”) of Ply Gem Holdings, Inc., the parent company of the Company
(“Holdings”). 
 Upon payment by Holdings to CIC on the date hereof of an amount equal to
$                    , and notwithstanding any provision to the contrary in the Advisory Agreement (including Section 4 (Termination)), all
provisions of the Advisory Agreement other than Sections 7 (Indemnity and Exculpation), 8 (Assignment), 9 (Modification), 10 (Entire Agreement), 12 (Governing Law; Submission to Jurisdiction) and 13 (Counterparts) are hereby terminated, effective as
of the IPO Closing. 
  

					
	Sincerely,
	
	CXCIC, LLC
		
	By:	 	Georgica Management LLC, its managing member
		
	By:	 	  

		 	Name:	 	Frederick J. Iseman
		 	Title:	 	President









 Agreed to and Accepted by: 

 

			
	PLY GEM INDUSTRIES, INC.
		
	By:	 	  

		 	Name:
		 	Title:

 [Signature page to Advisory Agreement Termination Letter]
bonz_ex1013.htm


Exhibit 10.13


 




  





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21
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Page 58716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20232]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Human Genome Research Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Human Genome Research Institute 
Initial Review Group, Genome Research Review Committee.
    Date: November 3, 2005.
    Time: 11:30 a.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 5635 Fishers Lane, 
Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Ken D. Nakamura, PhD, Scientific Review 
Administrator, Office of Scientific Review, National Human Genome 
Research Institute, National Institutes of Health, Bethesda, MD 
20892, (301) 402-0838.
(Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human 
Genome Research, National Institutes of Health, HHS.)

    Dated: September 27, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20232 Filed 10-6-05; 8:45 am]
BILLING CODE 4140-01-M
Exhibit 32(b)

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 NewMarket Corporation (the
Company) for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David A. Fiorenza, chief financial officer of the Company, certify, pursuant to 18
U.S.C. § 1350, as adopted pursuant to § 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.



|                                         |  |                   
|---------------------------------------- |  | ------------------
|By:                                      |  | /s/ D. A. Fiorenza
|David A. Fiorenza                       
|Vice President and Treasurer May 1,
2006



40
================================================================================

                                                                    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 the Quarterly Report of Mondial Ventures, Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2009, as filed with
the Securities and Exchange Commission on the date hereof (the "Periodic
Report"), I, Marc Juliar, Chief Executive Officer and 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 Periodic 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 Periodic Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.


     Dated: May 10, 2010


     /s/ "Marc Juiar"
     ----------------

     Marc Juliar
     Chief Executive Officer and Chief Financial Officer








--------------------------------------------------------------------------------
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

PATRICK HARRIS and PAULINE HARRIS,

Appellants,

v.

BENTLEY ROOFING, LLC,

Appellee.

No. 4D2022-2457

[December 14, 2023]

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Hon. Sarah Shullman, Judge; L.T. Case No. 

502021CC004961. 

Patrick Harris, Boca Raton, pro se.

Benjamin T. Lute of Adams and Reese LLP, Tampa, for appellee.

PER CURIAM.

Affirmed.

KLINGENSMITH, C.J., GROSS and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.