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

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5308 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5308

 To provide for the posthumous promotion of Charles Young to the grade 
            of brigadier general in the United States Army.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2010

Ms. Lee of California (for herself, Mr. Bishop of Georgia, Mr. Meeks of 
 New York, Mr. Conyers, Ms. Corrine Brown of Florida, Ms. Richardson, 
Mrs. Christensen, Ms. Kilpatrick of Michigan, Mr. Lewis of Georgia, Ms. 
Moore of Wisconsin, Mr. Towns, and Ms. Eddie Bernice Johnson of Texas) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL

 
 To provide for the posthumous promotion of Charles Young to the grade 
            of brigadier general in the United States Army.

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

SECTION 1. FINDINGS.

    Congress finds that---
            (1) Charles Young graduated from the United States Military 
        Academy at West Point in 1889 and received a commission as a 
        second lieutenant, becoming the third African-American cadet to 
        do so;
            (2) in recognition of his actions in leading a squadron of 
        the 10th Cavalry during Pershing's expedition into Mexico, 
        Charles Young was promoted to Lieutenant Colonel in 1917, the 
        first African-American to reach this rank;
            (3) at the beginning of the First World War, Charles Young 
        was the highest ranking African-American serving in the United 
        States Army;
            (4) shortly after the United States entrance into the First 
        World War, Charles Young was medically furloughed as unfit for 
        duty and forced to retire under protest at the rank of colonel;
            (5) after riding 500 miles on horseback to demonstrate his 
        fitness in June 1918, Charles Young was reinstated and assigned 
        as military attache to Liberia;
            (6) among his billets, Charles Young served as Acting 
        Superintendent of Sequoia National Park in California and as 
        commander of Fort Huachuca, Arizona; and
            (7) despite his outstanding service record and dedication 
        to his country, Charles Young was denied the opportunity to 
        receive a promotion through combat command during the First 
        World War solely because of his race.

SEC. 2. POSTHUMOUS PROMOTION OF CHARLES YOUNG.

    The President may issue a posthumous commission of brigadier 
general to Colonel Charles Young, United States Army.

SEC. 3. PROHIBITION OF BENEFITS.

    No person is entitled to any bonus, gratuity, pay, or allowance 
because of the provisions of section 2.
                                 <all>
```
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 5135** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CORNELL SHERON EVANS , Defendant

- Appellant
.

Appeal from the United States District Court for the Easter n District of Virginia , at Norfolk
. Jerome B. Friedman , District Judge. ( 2:09

- cr - 00059

- JBF

- TEM

- 1 )

Submitted: November 30, 2010 Decided: December 3, 2010

Before WILKINSON, KEENAN, and WYNN , Circuit Judges.

Affirmed by un published per curiam opi nion
.
Michael S. Nachmanoff, Federal Public Defender, Keith Loren Kimball, Assistant Federal Public Defender, Caroline S. Platt, Research and Writing Attorney, Norfolk, Virginia, for Appellant. Neil H. MacBride, United States Attorney, Darryl J. Mitche ll, Assistant United States Attorney, Norfolk, Virginia, for Appellee
. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Cornell Sheron Evans pled guilty to possession of a firearm by a convicted felon, 18 U.S.C. § 92 2 (g)(1 ) (2006). He appeals the seventy

- eight month sentence he received, arguing that the district court clearly erred in applying an adjustment for reckless endangerment during flight, U.S. Sentencing Guidelines Manual § 3C1.2 (2009). We affirm. Evans stipu lated that, when Virginia Beach police attempted a traffic stop of his car, he continued to drive until he lost control of his vehicle while making a turn on the rain

wet road, then got out of the car and ran, throwing a loaded 9mm pistol over a fence towa rd an i nterstate highway as he went. He was then apprehended. At the sentencing hearing, the district court received evidence that, during his brief flight, Evans accelerated to a speed “well over the reckless limits” despite the presence of other vehicl es, “just barely made” one turn, and later spun out of control. On these facts, we conclude that the district court did not clearly err in finding that Evans “recklesslessly created a substantial risk of death or serious bodily injury to another person wh ile fleeing from a law enforcement officer.” USSG § 3C1.2. See, e.g. , United
States v. Carter , 601 F.3d 252, 254

- 56 (4th Cir. 2010). We therefore affirm the sentence imposed by the district court. We dispense with oral argument because the3 facts and l egal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
Exhibit
32.1








KINDER
MORGAN, INC.


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 Kinder Morgan, Inc. (the
“Company”) for the period ended September 30, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), the undersigned, in
the capacity and on the date indicated below, hereby certifies 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.





A
signed original of this written statement required by Section 906 has been
provided to Kinder Morgan, Inc. and will be retained by Kinder Morgan, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.








Dated:  November
      13, 2009
            
            /s/
      Richard D. KinderRichard
      D. Kinder
              Chairman
      and Chief Executive Officer
Exhibit 32.1





KINDER MORGAN, INC.

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 Kinder Morgan, Inc. (the Company) on Form 10-Q for the period ended
June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacity and on the date indicated below, hereby certifies 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.





|Dated:  August
  1, 2005 |  | /s/ Richard D. Kinder                                 
|------------------------ |  | ------------------------------------------------------
|                         |  | Richard D. Kinder
Chairman
and Chief Executive Officer





---

---
Case 1:07-cv-03312-PAC Document 7-17 Filed 08/31/2007 Page 1 of 4
Case 1:07-cv-03312-PAC Document 7-17 Filed 08/31/2007 Page 2 of 4
Case 1:07-cv-03312-PAC Document 7-17 Filed 08/31/2007 Page 3 of 4
Case 1:07-cv-03312-PAC Document 7-17 Filed 08/31/2007 Page 4 of 4
Exhibit 10.4
 KEITHLEY INSTRUMENTS, INC.
2002 STOCK INCENTIVE PLAN
 (as Amended and Restated January 1, 2007)
 General
 Purpose of the Plan
  Effective Date of the




---



##### 



Administration of the Plan
             2




---



##### 



Key Employees Eligible for Grants
 Shares Subject to the Plan
   3




---



##### 



Stock Option Provisions
 General
 Stock Option Price
  4




---



##### 



Period of Stock Option
 Limitations on Exercise and Transfer of Stock Options
 Employment, Holding Period Requirements For Certain Options
 Payment for Stock Option Price
  5




---



##### 



Certain Reissuances of Stock Options
    Cancellation and Replacement of Stock Options and Related Rights
 Limitation on Exercisable Incentive Stock Options
  6




---



##### 



Restricted Stock
 Grant
 Terms and Conditions
      7




---



##### 



Minimum Value Provisions
  8




---



##### 



Stock Appreciation Rights
       9




---



##### 



Termination of Employment
     10




---



##### 



Change of Control
  Amendments to Plan
       11




---



##### 



Investment Representation, Approvals and Listing
   General Provisions
  12




---



##### 



Code Section 409A Exemption
 Termination of This Plan
  KEITHLEY INSTRUMENTS, INC.By:
    /s/ Mark J. PlushIts:   Vice President and Chief Financial Officer  13
EXHIBIT 31A


CERTIFICATIONS


I, Jeffrey W. Benck, certify that:


1.  I have reviewed this annual report on Form 10-K/A (Amendment No. 1) of Emulex Corporation;


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.





/s/    Jeffrey W. BenckJeffrey W. BenckPresident and Chief Executive Officer


Date: October 27, 2014
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#### MOSELEY v. TRUST CO.

No. 4 PC.

Case below: 19 N.C. App. 137.

Petition for writ of certiorari to North Carolina Court of Appeals denied 2 October 1973.
<PAGE>   1
                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS



We consent to the incorporation by reference in the Registration Statements of
Biomet, Inc. on Form S-8 (File Nos. 333-65139, 333-00331, 33-75618,
33-65700, 33-50268, 33-37561, 33-26826 and 33-7361), on Form S-4 (File No.
333-88905) and on Form S-3 (File Nos. 33-50420, 33-27008 and 333-94959) and in
the related Prospectus of our report dated July 6, 2000, on our audits of the
consolidated financial statements and financial statement schedule of Biomet,
Inc. and subsidiaries at May 31, 2000 and 1999, and for each of the three years
in the period ended May 31, 2000, which report is included in this Annual Report
on Form 10-K.



                                     /s/ PricewaterhouseCoopers LLP


South Bend, Indiana
August 8, 2000
Exhibit 32

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 Westar Energy, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2010 (the
Report), which this certification accompanies, William B. Moore, in my capacity as Director, President and Chief Executive Officer of the Company, and Mark A. Ruelle, in my capacity as Executive Vice President and Chief Financial Officer of the
Company, certify that the Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

|      |  |             |  |  |  |     |  |                                                                     
|----- |  | ----------- |  |  |  | --- |  | --------------------------------------------------------------------
|      |  |             |  | 
|Date: |  | May 6, 2010 |  |  |  | By: |  | /s/ William B. Moore                                                
|      |  |             |  |  |  |     |  | William B. Moore
Director, President and Chief Executive Officer    
|      |  |             |  | 
|Date: |  | May 6, 2010 |  |  |  | By: |  | /s/ Mark A. Ruelle                                                  
|      |  |             |  |  |  |     |  | Mark A. Ruelle,
Executive Vice President and
Chief Financial Officer
Case 1:07-cv-03312-PAC Document 7-8 Filed 08/31/2007 Page 1 of 2
Case 1:07-cv-03312-PAC Document 7-8 Filed 08/31/2007 Page 2 of 2
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 7334

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ROBERT KOGER, a/k/a Rick Thompson, a/k/a John Stern , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Liam O ’ Grady, Senior District Judge. ( 1:14

- cr - 00018

- LO

- 1 )

Submitted : February 17, 2022 Decided: February 23, 2022

Before AGEE and RUSHING , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Robert Koger , Appellant Pro Se

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Robert Koger appeals the district court’s ord er denying his petition for a writ of error coram nobis, pursuant to 28 U.S.C. § 1651(a), and his motions to unseal and for discovery. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Koger , No. 1:14

- cr 00018

- LO

- 1 (E.D. Va. filed Aug. 31, 2021 & entered Sept. 1, 2021). We grant Koger’s motions to exceed page limitations and to seal his informal brief , and we dispense with oral argument because the facts and le gal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Annual Report of Iteris, Inc. (the “Company”) onForm 10-K for the fiscal year ended March 31, 2007, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, AbbasMohaddes, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Actof 2002, that:

1.                                       TheReport fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Dated: July 30, 2007 |   |                    |
|----------------------|--------|-------------------------|
|                 |   |                    |
|                 |   | /s/ ABBAS MOHADDES      |   |
|                 |   | Abbas Mohaddes          |
|                 |   | Chief Executive Officer |

 

Asigned original of this written statement required by Section 906, or anyother document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

----
#### STATE v. BREEZE

No. 154 PC.

Case below: 26 N.C. App. 48.

Petition for writ of certiorari to North Carolina Court of Appeals denied 26 June 1975.
#### The People of the State of New York, Respondent, *v.*David Alexander, Appellant.

Reported below, 183 App. Div. 868.

(Submitted November 25, 1918;

decided December 3, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 11, 1918, affirming a judgment of the Court of General Sessions of the Peace in the county of New York, rendered upon a verdict convicting defendant of the crime of attempted grand larceny in the first degree. Sentence was suspended.

The motion was made upon the ground that no actual final judgment was rendered in the action and hence the Court of Appeals had no jurisdiction of the action.

*Edward Swann, District Attorney (Robert C. Taylor, Robert S. Johnstone*and *Felix C. Benvenga*of counsel), for motion.

*Milton M. Goldsmith*and *Max Horowitz*opposed.

Motion denied.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SUSAN J. PEABODY,

 Plaintiff - Appellant,

 v.

TIME WARNER CABLE ENTERPRISES

LLC,

 Defendant - Appellee.

No. 10-56846

D.C. No. 2:09-cv-06485-AG-RNB

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Andrew J. Guilford, District Judge, Presiding

Argued July 11, 2012, Resubmitted July 31, 2014

Pasadena, California

Before: TALLMAN and N.R. SMITH, Circuit Judges, and BURGESS, District

Judge.

** 

On August 17, 2012, we (1) filed a memorandum disposition affirming the

district court’s grant of summary judgment in favor of Time Warner Cable, Inc.

(TWC) on Peabody’s claim that TWC retroactively reduced her compensation; and

(2) certified the following question to the California Supreme Court: “To satisfy

FILED

JUL 31 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

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

 ** The Honorable Timothy M. Burgess, District Judge for the U.S.

District Court for the District of Alaska, sitting by designation.
California’s compensation requirements, whether an employer can average an

employee’s commission payments over certain pay periods when it is equitable and

reasonable for the employer to do so.” Peabody v. Time Warner Cable, Inc., 689

F.3d 1134, 1135 (9th Cir. 2012).

On July 14, 2014, the California Supreme Court responded “that an

employer satisfies the minimum earnings prong of the commissioned employee

exemption only in those periods in which it actually pays the required minimum

earnings. An employer may not satisfy the prong by reassigning wages from a

different pay period.” Peabody v. Time Warner Cable, Inc., No. 2S04804, 2014

WL 3397770 at *4, — P.3d — (Cal. July 14, 2014). 

Therefore, we REVERSE the district court’s grant of summary judgment in

favor of TWC on the remaining four issues

1

 on appeal and REMAND for

1These issues are:

1) whether Peabody qualified for the commissions paid exemption of

Section 3(D) of Wage Order 4–2001; 2) whether Peabody was owed

additional minimum wage payments under Wage Order 4–2001 4(B);

3) whether Time Warner Cable, Inc. (“TWC”) was exempt from

providing wage statements under California Labor Code Section

226(a); and 4) whether TWC owes Peabody any late wage payments

under California Labor Code Section 203.

Peabody, 689 F.3d at 1135.

-2-
reconsideration consistent with the foregoing interpretation of California law. Each

party shall bear its own costs.

-3-
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

-% 

In re Fosamax Froducts Liability : 

Lit lgdt ion 

- - - - - - - - . .. - - - - - - - . - - - - - - - - - - - - - - - -X 

This Gocutnent Re2ates to: 

All Actions. ----.----------------------------- -X 

JOHN F. KEENAN, United States District 3udge: 

After considering the letters subinltted 

the !:our-t w:ll r,ot enter M~rck's propc~ed order regarding rases 

filed by BeatFe and Osbdrrt, LLP that involve less t!~an three 

zcntinuous years of Fosamax use. Whether fir not Fcsa~nax call cause 

ONJ in anyone before three years of use remains an open quest-ion 

that should be resolved uniformly on the basla of the scientific 

evidence generated a£ ter a f gll opporturli tls for dir;covery. 

Thc parties are directed tc7 agree upsn and submit to the 

Court by October 7, 20ila a case managemuilt order Froposlng: (1) a 

sckdule to con~plete all generic expert discovery In this MDL; and 

(2) a schedule for summary judqn-tent mot-ions. In the event that the 

parties cannot reach agreement, by the same date each shall submit 

~ts own PI-oposal dlcng with a letter brief In support of it, and 

appear for a conference in ~ourtrooni 20C on Octobei- 16, 2005 at 

1G:30 am. 

SO ORDERED. 

Dated: New York, New York 

September 9, 2008 

I 

1 

JOHN F. KEENAN 

United States District Judge 

Case 1:07-cv-03295-JFK Document 37 Filed 09/09/2008 Page 1 of 1