alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-60690

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

TONY JONES,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:13-CR-8-3

Before JOLLY, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Tony Jones appeals his guilty plea conviction of conspiracy to defraud 

the United States Treasury, contending that the district court plainly erred in 

imposing a 105-month term of imprisonment. Jones challenges the district 

court’s denial of the Government’s motion for a downward departure, the 

denial of a reduction in his offense level for acceptance of responsibility, and

the weighing of the 18 U.S.C. § 3553(a) factors. Relying on the appellate waiver 

 

* 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

July 29, 2015

Lyle W. Cayce

Clerk

 Case: 14-60690 Document: 00513134410 Page: 1 Date Filed: 07/29/2015
No. 14-60690

2

in the plea agreement, the Government seeks the dismissal of the appeal or,

alternatively, a summary affirmance. Jones does not challenge the 

voluntariness of the appeal waiver provision, but asserts that a miscarriage of 

justice will occur if the waiver is enforced.

Our review of the record shows that Jones’s appeal waiver was knowing 

and voluntary and that, under the plain language of the plea agreement, the 

waiver applies to the circumstances at hand. See United States v. Bond, 414 

F.3d 542, 544 (5th Cir. 2014). Jones’s argument that his claims should be 

analyzed for a miscarriage of justice in spite of the validity of the waiver of 

appeal lacks merit. Accordingly, Jones’s appeal waiver bars review of the 

issues he seeks to raise on appeal. Id. at 546.

Accordingly, IT IS ORDERED that the Government’s motion to dismiss 

the appeal is GRANTED, and the appeal is DISMISSED. The Government’s 

motion for summary affirmance is DENIED.

 Case: 14-60690 Document: 00513134410 Page: 2 Date Filed: 07/29/2015
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

---------------------------------- -x 

IN RE: Fosamax Troducta Liability : YIlT.1 No. 1789 

Lit igat icn 

1 : 06-md-1789 (JFK) ---.--- - --------------- ---x Order 

I'hjs Document R~lates tu: All Actlons : 

---------------- - S 

JOHN F. KEENAN, United States District Judge: 

gefendant MFY-~k has requested that I hear the rrcltrion to 

cornrjel w'rllch PLaintiffs flled sr. April 18, 2CG8 tefore Magistrate 

Ju,~~P Francis. The mct lcjn 2pprars q,rl L ai~~ :ji ECL'\,-YT~; i 95~~3 t]-.ily 

may nave a broad inpact on this MDL and, therefore, T would 

prefer t3 resolve the motion. Per the parties' stipulated 

briefing sched~le, Mtrck' s response is due on May ;2, 2G08 and 

Plaintiff's reply is due an May 19, 2033 

SO ORDERED. 

Dated: New York, New York 

April 24, 2008 

,/ JOHN F. KEENAN 

United States District Judge 

Case 1:07-cv-03462-JFK Document 27 Filed 04/25/2008 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-START>                             JAN-01-1999             JAN-01-1998
<PERIOD-END>                               DEC-31-1999             JUN-30-1998
<CASH>                                          67,321                       0
<SECURITIES>                                     6,427                       0
<RECEIVABLES>                                    3,486                   1,087
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                78,177                   2,373
<PP&E>                                           5,365                     124
<DEPRECIATION>                                 (1,006)                    (59)
<TOTAL-ASSETS>                                  95,287                   2,438
<CURRENT-LIABILITIES>                           39,296                   7,569
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            43                      36
<OTHER-SE>                                      55,945                 (5,167)
<TOTAL-LIABILITY-AND-EQUITY>                    95,287                   2,438
<SALES>                                         24,497                   6,292
<TOTAL-REVENUES>                                24,497                   6,292
<CGS>                                           11,569                   3,705
<TOTAL-COSTS>                                   11,569                   3,705
<OTHER-EXPENSES>                                41,259                   4,680
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                               (27,926)                 (1,993)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                           (27,926)                 (1,993)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (27,926)                 (1,993)
<EPS-BASIC>                                     (0.76)                  (0.06)
<EPS-DILUTED>                                   (0.76)                  (0.06)


</TABLE>
Director Compensation Structure



 Exhibit 10.5 
 BOARD OF DIRECTORS COMPENSATION 
  

					
	Annual Retainer:	  	Directors - $18,000 paid in two installments – May & November.
		
		  	Chairman - $25,000 paid in two installments – May & November.
		
	Restricted Stock:	  	Restricted stock with a grant date value of $50,000 for Directors and $55,000 for the Chairman. The only restriction on the shares shall be service on the Board of Directors until
the next annual shareholders meeting.
		
	Attendance Participation Fee:	  	
			
		  	Board Meetings:	  	 $1,000 per in person meeting or conference call lasting more than 4 hours
 $500 per telephonic meeting at least 1.5 hours and less than 4 hours
 $200 per telephonic meeting of less than 1.5
hours

			
		  	Committee Meetings with substantive preparation:	  	
			
		  	 Audit Committee:
	  	 Chair - $2,000 per meeting
 Members - $1,000 per meeting


			
		  	 Compensation Committee and Nominating and Corporate Governance Committee:
	  	 Chair - $1,000 per meeting
 Members - $1,000 per meeting


			
		  	Committee Meetings without substantive preparation and telephonic meetings of less than 1 1/2 hours:	  	$200 per meeting
	
	Board and Committee fees are capped at a maximum of $2,750 per day for each Director who serves on multiple committees. The Board Chairperson shall assist in scheduling all committee
meetings. Insubstantial meetings as determined by the appropriate Chair (e.g. simply approving prior minutes, brief approval for required action), will not be compensated. Fees to be paid in arrears for prior quarter’s
meetings.

 May 18, 2009
MARCH 2010

Work Opportunity Tax Credit—An Under-Utilized 

Employer Tax Incentive to Hire Individuals with Disabilities

The Work Opportunity Tax Credit (WOTC) Program is a winning opportunity 

for businesses to solve key workforce shortages and reduce hiring costs by using 

the credit for new employees with disabilities. When an employer fills a vacant 

position with a WOTC-certified employee, the employer can become qualified to 

claim a federal income tax credit for a portion of the new employee’s salary.

Individuals eligible for certification include job seekers with disabilities who 

are using vocational rehabilitation services, persons receiving Supplemental 

Security Income (SSI) benefits within 60 days of hire, ticket holders referred 

by Employment Networks, and disabled veterans. For hires of vocational 

rehabilitation customers and SSI recipients, the tax credit applies to the first 

$6,000 in wages paid to each new hire for the first year of employment, with 

a maximum tax credit of up to $2,400 per new hire. For a hire of a disabled 

veteran, those figures are doubled. Partial tax credits are also available.

To receive WOTC certification for an employee, the employer or employer’s 

representative must: 

• Complete and submit IRS Form 8850 (Pre-Screening Notice and Certification 

Request for the Work Opportunity Credit). The form must be signed and dated by 

both the new hire and the employer by the date the job is offered, and furnished to 

the state workforce agency within 28 days after the new hire starts work, and either:

• Submit the Department of Labor’s Employment and Training Administration 

(ETA) Form 9061 (Individual Characteristics Form); or

• Submit the bottom portion of the ETA Form 9062 instead of Form 9061, if the 

new hire has been conditionally certified. 

Providing national leadership on disability employme

Office of Disability Employment Policy, U.S. Department of Labor 1-866-ODEP-DOL (633-7365) TTY: 1-887--5627    www.dol

PAGE 1 f
Work Opportunity Tax CreditAn Uner

For further assistance, employers can contact their state workforce agency 

WOTC coordinator who can explain the filing procedures, detail specific target 

group requirements, and process employers’ certification requests (IRS Form 

8850 and ETA Forms 9061 or 9062). The ETA provides additional WOTC

information at www.doleta.gov/business/Incentives/opptax/ and a list of state

coordinators on its website at www.doleta.gov/business/incentives/opptax/

Directory_of_State_05_31.pdf

More information about the U.S. Department of Labor’s Office of Disability 

Employment Policy (ODEP) is available at www.dol.gov/odep.

Providing national leadership on disability employme

Office of Disability Employment Policy, U.S. Department of Labor 1-866-ODEP-DOL (633-7365) TTY: 1-887--5627    www.dol

PAGE 2 f
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Case 7:07-cv-03318-CS Document 26 Filed 11/06/2007 Page 11 of 11
<PAGE>   1
                           CERTIFICATE OF CORRECTION
                      FILED TO CORRECT A CERTAIN ERROR IN
                   THE RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                              HANOVER DIRECT, INC.
                             FILED IN THE OFFICE OF
                       THE SECRETARY OF STATE OF DELAWARE
                              ON OCTOBER 31, 1996


           Hanover Direct, Inc., a corporation organized and existing under and
by virtue of the General Corporation Law of the State of Delaware (the
"Corporation"),

       DOES HEREBY CERTIFY:

       1. The name of the Corporation is Hanover Direct, Inc.

       2. That a Certificate of Incorporation was filed by the Secretary of
State of Delaware on April 15, 1993, a Certificate of Designation of Series B
Convertible Additional Preferred Stock was filed by the Secretary of State of
Delaware on May 23, 1995 and a Restated Certificate of Incorporation was filed
by the Secretary of State of Delaware on October 31, 1996 and that said
Restated Certificate of Incorporation, restating among other things said
Certificate of Designation, requires correction as permitted by Section 103(f)
of the General Corporation Law of the State of Delaware.

       3. The inaccuracy or defect of said Restated Certificate to be corrected
is that the words "stated value" were inadvertently omitted from the second
sentence of Article FOURTH, Section 6(j) thereof, and in their place, the words
"Series B Conversion Price" were included.

       4. The second sentence of Article FOURTH, Section 6(j) of the Restated
Certificate is corrected to read as follows:

                  "If the shares of Series B Preferred to be redeemed are to be
              paid in cash, the redemption price per share shall be equal to
              the stated value on the Series B Redemption Date."









<PAGE>   2


           IN WITNESS WHEREOF, the Corporation has caused this Certificate of
Correction to be signed by Rakesh K. Kaul, its President and Chief Executive
Officer, this 26th day of August, 1999.

                                      HANOVER DIRECT, INC.

                                      By: /s/ RAKESH K. KAUL
                                          ---------------------
                                          Rakesh K. Kaul
                                          President and Chief Executive Officer
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<TABLE> <S> <C>

<ARTICLE>                       UT
<CIK> 0000861388
<NAME> LG&E ENERGY CORP.
<MULTIPLIER>                    1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                            DEC-31-1997
<PERIOD-END>                                 JUN-30-1997
<BOOK-VALUE>                                    PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                         3,161,686
<OTHER-PROPERTY-AND-INVEST>                         476,617
<TOTAL-CURRENT-ASSETS>                              683,242
<TOTAL-DEFERRED-CHARGES>                            134,411
<OTHER-ASSETS>                                            0
<TOTAL-ASSETS>                                    4,455,956
<COMMON>                                            775,512 <F1>
<CAPITAL-SURPLUS-PAID-IN>                              (101)<F2>
<RETAINED-EARNINGS>                                 692,218
<TOTAL-COMMON-STOCKHOLDERS-EQ>                    1,467,629
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                         135,328
<LONG-TERM-DEBT-NET>                              1,210,635
<SHORT-TERM-NOTES>                                  349,800
<LONG-TERM-NOTES-PAYABLE>                                 0
<COMMERCIAL-PAPER-OBLIGATIONS>                            0
<LONG-TERM-DEBT-CURRENT-PORT>                        20,021
<PREFERRED-STOCK-CURRENT>                                 0
<CAPITAL-LEASE-OBLIGATIONS>                               0
<LEASES-CURRENT>                                          0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                    1,272,543
<TOT-CAPITALIZATION-AND-LIAB>                     4,455,956
<GROSS-OPERATING-REVENUE>                           811,611
<INCOME-TAX-EXPENSE>                                 44,699
<OTHER-OPERATING-EXPENSES>                          643,265 <F3>
<TOTAL-OPERATING-EXPENSES>                          687,964
<OPERATING-INCOME-LOSS>                             123,647
<OTHER-INCOME-NET>                                    7,341
<INCOME-BEFORE-INTEREST-EXPEN>                      130,988
<TOTAL-INTEREST-EXPENSE>                             47,803
<NET-INCOME>                                         83,185
<PREFERRED-STOCK-DIVIDENDS>                           3,416
<EARNINGS-AVAILABLE-FOR-COMM>                        79,769
<COMMON-STOCK-DIVIDENDS>                             71,505
<TOTAL-INTEREST-ON-BONDS>                            37,582
<CASH-FLOW-OPERATIONS>                              171,964
<EPS-PRIMARY>                                          0.62
<EPS-DILUTED>                                          0.62
<FN>
<F1>Includes common stock expense of $1,874.
<F2>Represents unrealized loss on marketable securities,
    net of taxes.
<F3>Includes equity in earnings of affiliates of
    $9,730.
<F4>The Company restated this schedule to reflect
    its merger with KU Energy Corporation and to
    reclassify discontinued operations.
</FN>
        


</TABLE>
##### 



Exhibit 31.1 CERTIFICATIONS OF THE CHIEF EXECUTIVE OFFICER
UNDER SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Jonathan V. Diamond, Chief Executive Officer of ARTISTdirect, Inc., certify that: 1. I have reviewed this Annual Report on Form 10-K for the fiscal year ended December 31, 2004
of ARTISTdirect, Inc.; 2. Based on my knowledge, this annual 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 annual report; 3. Based on my knowledge, the financial statements, and other financial information included in
this annual 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 annual
report; 4. The registrants other certifying officer 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 we 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 and I have disclosed, based on our most recent
evaluation, to the registrants auditors and the audit committee of registrants board of directors
(or persons performing the equivalent function): (a) All significant deficiencies in the design or operation of internal controls which could
adversely affect the registrants ability to record, process, summarize and report financial data
and have identified for the registrants auditors any material weaknesses in internal controls; and (b) Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal controls; and Date:  May 13, 2005
    By:
    /s/ JONATHAN V. DIAMONDJonathan V. DiamondChief Executive Officer 113
#### STATE v. HARGROVE

No. 57P83.

Case below: 60 N.C. App. 174.

Petition by defendant for writ of certiorari to North Carolina Court of Appeals denied 8 March 1983. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 8 March 1983.
#### IN RE WARREN

No. 15P83.

Case below: 59 N.C. App. 738.

Petition by respondents Warren for discretionary review under G.S. 7A-31 denied 8 March 1983.
Case 1:06-cv-15012-AKH Document 5 Filed 12/08/2006 Page 1 of 1