alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 20-40479

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Chad Calhoun, 

Defendant—Appellant.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:15-CR-17-1

Before King, Smith, and Wilson, Circuit Judges.

Per Curiam:*

Chad Calhoun, federal prisoner # 22975-078, was convicted by jury 

verdict of receipt of child pornography and possession of child pornography 

and was sentenced to a total of 135 months of imprisonment and 10 years of 

supervised release. Calhoun now challenges the district court’s denial of his 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 14, 2021

Lyle W. Cayce

Clerk

Case: 20-40479 Document: 00515822210 Page: 1 Date Filed: 04/14/2021
No. 20-40479

2

motion for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A)(i), 

as amended by the First Step Act of 2018, Pub. L. No. 115-391, § 404, 132 

Stat. 5194. He argues that extraordinary and compelling reasons warrant his 

compassionate release because his elderly and ailing father requires his 

assistance. He also asserts that the 18 U.S.C. § 3553(a) factors weigh in his 

favor.

We review the district court’s decision to deny a prisoner’s motion 

for compassionate release for an abuse of discretion. United States v.

Chambliss, 948 F.3d 691, 693 (5th Cir. 2020). The district court concluded 

that Calhoun was not entitled to an early release because he failed to show 

extraordinary and compelling reasons and because the 18 U.S.C. § 3553(a) 

factors did not weigh in his favor. Regarding the district court’s assessment 

under the § 3553(a) factors, Calhoun has not shown that the district court 

based its decision on a legal error or a clearly erroneous assessment of the 

evidence. See id. His disagreement with the district court’s weighing of the 

§ 3553(a) factors is insufficient to show an abuse of discretion. See id. at 694. 

Because we may affirm on this ground, we need not consider the other bases 

for the district court’s denial. See United States v. Chacon, 742 F.3d 219, 220 

(5th Cir. 2014).

AFFIRMED.

Case: 20-40479 Document: 00515822210 Page: 2 Date Filed: 04/14/2021
#### Joseph Markowitz, Respondent, v. Louis Ratner and Sadie Ratner, Appellants.

Motion to dismiss appeal denied, without costs.

Present— Jenks, P. J., Hirsehberg, Burr, Thomas and Carr, JJ.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

GAGE MOORE

, 1

Respondent Below

, Appellant,

v.

ASHLEY MOORE

,

Petitioner Below

, App ellee

. §

§ No. 291, 2022

§

§ Court Below

— Family Court of

§ the State of Delaware

§

§ File No. CN 20

- 01144

§ Petition No. 22

- 02666

§

§

§

Submitted: November 18, 2022

Decided: December 8 , 2022

ORDER

It appears to the Court that, on October 10 , 2022

, the Court denied the

appellant’s motion to proceed in forma pauperis . The Senior Court Clerk directed

the appellant to pay the filing fee by October 25, 2022 , and warned him that a notice

to show cause would issue if he did not pay the filing fee . After the appellant failed

to pay the filing fee, the Chief Deputy Clerk issued a notice

, by certified mail on

November 2, 2022

, directing the appellant to show cause why his appeal should not

be dismissed for his failure to pay the filing fee

. Postal records show that the notice

to show cause was delivered on November 7, 2022

. A timely response to the notice

to show cause was due by November 1 7 , 2022. To date, the appellant has not paid

1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d).2

the filing fee or re sponded to the notice to show cause

. Dismissal of this appeal is

therefore deemed to be unopposed.

NOW, THEREFORE, IT IS HEREBY ORDERED , under Supreme Court

Rule s 3(b)(2) and 29(b)

, that this appeal is DISMISSED

.

BY THE COURT:

/s/ Gary F. Traynor

Justice
Exhibit 10.2

 

AMENDMENT NO. 1

TO

THE MEDICINES COMPANY

2010 EMPLOYEE STOCK PURCHASE PLAN

 

Pursuant to Section 16 of The Medicines Company 2010 Employee Stock Purchase Plan (the “ESPP”), the ESPP be, and hereby is, amended as set forth below.

 

1.                                      The introductory paragraph of the ESPP is amended to replace “1,000,000 shares of Common Stock” with “2,000,000 shares of Common Stock”.

 

2.                                      Except as set forth above, all other terms and provisions of the Plan shall remain in full force and effect.

 

Adopted by the Board of Directors on April 4, 2016 and approved by stockholders on May 26, 2016.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 468 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 468

 To amend title 5, United States Code, to provide that payments under 
the Federal employees' group life insurance program shall be made in a 
    lump sum, unless the insured or the recipient elects otherwise.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 2013

 Mr. Connolly introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To amend title 5, United States Code, to provide that payments under 
the Federal employees' group life insurance program shall be made in a 
    lump sum, unless the insured or the recipient elects otherwise.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Life Insurance Transparency 
Act''.

SEC. 2. AMENDMENT RELATING TO FORM OF PAYMENT.

    (a) In General.--Section 8705 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(f)(1) Group life insurance and group accidental death insurance 
payable under this chapter, by reason of the death of an employee, 
shall be paid in the form determined as follows:
            ``(A) In the form of payment elected by the person to whom 
        the payment is to be made.
            ``(B) In the absence of an election under subparagraph (A), 
        in the form of payment elected by the employee.
            ``(C) In the absence of an election under subparagraphs (A) 
        and (B), in the form of a lump-sum payment.
    ``(2) An election under subparagraph (A) or (B) of paragraph (1) 
shall not be effective unless it is made in such form and manner as the 
Office may require.
    ``(3) The Office shall prescribe any regulations necessary to carry 
out this subsection. Such regulations shall provide for at least 1 
alternative form of payment besides the form of payment described in 
paragraph (1)(C).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply in the case of any employee (as defined by section 8701 of title 
5, United States Code) who becomes insured in any calendar year 
beginning at least 3 months after the date of enactment of this Act.
                                 <all>
```
[Cite as State v. Meyer, 2015-Ohio-355.]

 IN THE COURT OF APPEALS 

ELEVENTH APPELLATE DISTRICT

 PORTAGE COUNTY, OHIO 

STATE OF OHIO, : MEMORANDUM OPINION

 Plaintiff-Appellee, :

 -vs- : CASE NO: 2014-P-0046 

JOHN A. MEYER, III, :

 

 Defendant-Appellant. : 

Criminal Appeal from the Portage County Municipal Court, Ravenna Division. 

Case No. R 2014 TRD 2935. 

Judgment: Appeal dismissed. 

Victor V. Vigluicci, Portage County Prosecutor, and Kristina Drnjevich, Assistant 

Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee). 

John A. Meyer, III, pro se, 8969 Applewood Drive, Cincinnati, Ohio 45236 (DefendantAppellant). 

TIMOTHY P. CANNON, P. J., 

{¶1} On July 22, 2014, appellant, John A. Meyer, III, filed his notice of appeal, 

pro se, from a June 20, 2014 judgment entry issued by the Portage County Municipal 

Court, Ravenna Division. The June 20, 2014 judgment entry reflects that appellant 

pleaded guilty to an amended charge of speeding and was sentenced to a fine of $100, 

plus court costs. 

{¶2} App.R. 4(A) states in part: “A party shall file the notice of appeal required 

by App.R. 3 within thirty days of the later of entry of the judgment or order appealed. * * 

*.” 
2

{¶3} In this case, appellant’s notice of appeal was due on July 20, 2014, a 

Sunday and, therefore, it was to be filed the following day, Monday, July 21, 2014. 

Appellant, however, did not file his notice of appeal until Tuesday, July 22, 2014. 

{¶4} App.R. 5(A) states, in relevant part: 

{¶5} “(1) After the expiration of the thirty day period provided by App.R. 4(A) for 

the filing of a notice of appeal as of right, an appeal may be taken by a defendant with 

leave of the court to which the appeal is taken in the following classes of cases: 

{¶6} “(a) Criminal proceedings; 

{¶7} “(b) Delinquency proceedings; and 

{¶8} “(c) Serious youthful offender proceedings. 

{¶9} “(2) A motion for leave to appeal shall be filed with the court of appeals 

and shall set forth the reasons for the failure of the appellant to perfect an appeal as of 

right. Concurrently with the filing of the motion, the movant shall file with the clerk of the 

trial court a notice of appeal in the form prescribed by App.R. 3 and shall file a copy of 

the notice of the appeal in the court of appeals. * * *.” 

{¶10} In the present case, appellant has neither complied with the thirty-day rule 

set forth in App.R. 4(A) nor sought leave from this court to appeal, pursuant to App.R. 

5(A). Thus, this court is without jurisdiction to consider the instant appeal. 

{¶11} Based upon the foregoing analysis, the appeal is hereby sua sponte 

dismissed as being untimely. 

{¶12} Appeal dismissed. 

THOMAS R. WRIGHT, J., 

COLLEEN MARY O’TOOLE, J., 

concur.
<PAGE>

                                                                      Exhibit 32

           Certification of the President and Chief Executive Officer
            and Vice President of Finance 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

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned
President and Chief Executive Officer, and Vice President of Finance and Chief
Financial Officer of INTERMET Corporation (the "Company"), hereby certify, based
on our knowledge, that the Quarterly Report on Form 10-Q of the Company for the
quarter ended March 31, 2004 (the "Report") fully complies with the requirements
of Section 13(a) or 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.

                                           /s/ Gary F. Ruff
                                           -------------------------------------
                                           Gary F. Ruff
                                           President and Chief Executive Officer
                                           (Principal Executive Officer)

                                           /s/ Robert E. Belts
                                           -------------------------------------
                                           Robert E. Belts
                                           Vice President of Finance and
                                           Chief Financial Officer
                                           (Principal Financial Officer)

                                           Date: May 10, 2004
**SECURITIES AND EXCHANGE COMMISSION**

 

**Washington, D.C. 20549**

**Form 10-Q**

**(Mark One)**
| **x** | **QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) Of**

**THE SECURITIES EXCHANGE ACT OF 1934**

**For the quarterly period ended March 31, 2007** |
|-------|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

**or**
| **o** | **TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF**

**THE SECURITIES EXCHANGE ACT OF 1934**

**For the Transition Period from ____ to ____** |
|-------|----------------------------------------------------------------------------------------------------------------------------------------------------|

 

**Commission file number 0-13634**

**MACROCHEM CORPORATION**

(Exact name of registrant as specified in its charter)

 
| **Delaware******                                                |   | **04-2744744******                    |
|-----------------------------------------------------------------|--------|---------------------------------------|
| (State or Other Jurisdiction

of Incorporation or Organization) |   | (I.R.S. Employer

Identification No.) |

 

**40 Washington Street, Suite 220, Wellesley Hills, Massachusetts 02481**

(Address of principal executive offices, Zip Code)

 

**781-489-7310**

(Registrant’s telephone number, including area code)

 

Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days.

 
| Yes | X |   | No |   |
|-----|---|--------|----|--------|

 

Indicate by check mark whether the Registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. 
| Large accelerated filer |   | Accelerated filer |   | Non-accelerated filer | X |
|-------------------------|--------|-------------------|--------|-----------------------|---|

 

Indicate by check mark whether the Registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). 
| Yes |   |   | No | X |
|-----|--------|--------|----|---|

 

Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date.

 
| Class                        |   | Outstanding at April 11, 2007: |
|------------------------------|--------|--------------------------------|
| Common Stock, $.01 par value |   | 3,187,792                      |

 

 

1

 

----
#### Arthur Collins, Respondent, v. Waterbury Company, Appellant.

Motion denied, without costs.

Present — Jenks, P. J., Hirsehberg, Burr, Thomas and Carr, JJ.
Exhibit 99.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER





Pursuant to 18 U.S.C. §1350, the undersigned officer of Alfa Corporation (the Company), hereby certifies, to such officers knowledge, that the Companys Quarterly Report on Form 10-Q for the quarter ended
June 30, 2002 (the Report) fully complies with the requirements of Section 13(a) or 15 (d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.





By:

/s/    JERRY A.
NEWBYJerry A. Newby Chief Executive
Officer





Date: 8/09/02
CAUSE NO. 2014-CI-17077 

ARMANDO HERNANDEZ AND § IN THE DISTRICT COURT 

NANCY HERNANDEZ, § 

§ 

 Plaintiffs, § 

 § 

V. § 150th JUDICIAL DISTRICT 

 § 

MARIO SALDIVAR; FERNANDO § 

SALDIVAR; JORGE CALDERON § 

AND JORGE SALDIVAR, § 

§ 

Defendants. § BEXAR COUNTY, TEXAS 

PLAINTIFFS/COUNTER-DEFENDANTS’ NOTICE OF APPEAL 

1. Plaintiffs/Counter-Defendants, Armando Hernandez and Nancy Hernandez, desire 

to appeal the “Final Summary Judgment” signed by the Court on August 5, 2015. 

2. Plaintiffs/Counter-Defendants, Armando Hernandez and Nancy Hernandez, 

appeal to the Court of Appeals for the Fourth District of Texas at San Antonio, Texas. 

 

FILED

11/4/2015 12:32:22 PM

Donna Kay McKinney

Bexar County District Clerk

Accepted By: Consuelo Gomez 04-15-00691-CV

ACCEPTED

04-15-00691-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/4/2015 12:45:56 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/4/2015 12:45:56 PM KEITH E. HOTTLE Clerk
2 

Respectfully submitted,

 

 McCombs Plaza, Suite 500 

 755 E. Mulberry Avenue 

 San Antonio, Texas 78212 

 Telephone No.: (210) 822-6666 

 Telecopier No.: (210) 822-1151 

 By: /s/ Isaac J. Huron 

 RICARDO G. CEDILLO 

 State Bar No. 04043600 

 rcedillo@lawdcm.com 

 ISAAC J. HURON 

 State Bar No. 24032447 

 ihuron@lawdcm.com 

ATTORNEYS FOR PLAINTIFFS/COUNTERDEFENDANTS ARMANDO HERNANDEZ 

AND NANCY HERNANDEZ 
3 

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing document was served on counsel of record 

by certified mail, return receipt requested, and/or facsimile and/or electronic transmission via 

File Time on this the 4th day of November, 2015, as follows: 

Jeffery A. Hiller 

CACHEAUX, CAVAZOS & NEWTON, LLP 

333 Convent Street 

San Antonio, Texas 78205 

Fax: (210) 222-2453 

jhiller@ccn-law.com 

and 

Royal B. Lea, III 

BINGHAM & LEA, P.C. 

319 Maverick Street 

San Antonio, Texas 78212 

Fax: (210) 224-0141 

royal@binghamandlea.com 

ATTORNEYS FOR DEFENDANTS/ 

COUNTER-PLAINTIFFS, MARIO 

SALDIVAR AND FERNANDO SALDIVAR 

Gilberto A. Siller 

THE SILLER LAW FIRM 

1580 S. Main Street, Suite 200 

Boerne, Texas 78006 

Fax: (210) 417-4206 

gsiller@siller-law.com

RECEIVER 

 /s/ Isaac J. Huron 

 RICARDO G. CEDILLO 

ISAAC J. HURON
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                            4127
<INT-BEARING-DEPOSITS>                              99
<FED-FUNDS-SOLD>                                  1969
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                       1725
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                          80792
<ALLOWANCE>                                        728
<TOTAL-ASSETS>                                   91698
<DEPOSITS>                                       77462
<SHORT-TERM>                                      4700
<LIABILITIES-OTHER>                               1205
<LONG-TERM>                                        350
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                        7974
<TOTAL-LIABILITIES-AND-EQUITY>                    7981
<INTEREST-LOAN>                                   7282
<INTEREST-INVEST>                                  260
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                  7542
<INTEREST-DEPOSIT>                                3215
<INTEREST-EXPENSE>                                3423
<INTEREST-INCOME-NET>                             4119
<LOAN-LOSSES>                                      165
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                   3378
<INCOME-PRETAX>                                   1528
<INCOME-PRE-EXTRAORDINARY>                        1528
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       947
<EPS-PRIMARY>                                     1.37
<EPS-DILUTED>                                     1.29
<YIELD-ACTUAL>                                    4.82
<LOANS-NON>                                        429
<LOANS-PAST>                                       205
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   631
<CHARGE-OFFS>                                       73
<RECOVERIES>                                         5
<ALLOWANCE-CLOSE>                                  728
<ALLOWANCE-DOMESTIC>                               524
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            208


</TABLE>
<TABLE> <S> <C>





<ARTICLE>                     5
<LEGEND>

THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL
INFORMATION  EXTRACTED  FROM  THE COMPANY'S
QUARTERLY REPORT ON FORM 10-QSB FOR THE SIX
MONTHS ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.

</LEGEND>
<CIK>                                                         0000744765
<NAME>                                           CITYFED FINANCIAL CORP.
<MULTIPLIER>                                                       1,000


<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                                            DEC-31-2000
<PERIOD-START>                                               JAN-01-2000
<PERIOD-END>                                                 JUN-30-2000
<CASH>                                                               $86
<SECURITIES>                                                       6,317
<RECEIVABLES>                                                          0
<ALLOWANCES>                                                           0
<INVENTORY>                                                            0
<CURRENT-ASSETS>                                                       0
<PP&E>                                                                10
<DEPRECIATION>                                                        10
<TOTAL-ASSETS>                                                     6,550
<CURRENT-LIABILITIES>                                                  0
<BONDS>                                                                0
<PREFERRED-MANDATORY>                                                  0
<PREFERRED>                                                       63,553
<COMMON>                                                        (65,719)
<OTHER-SE>                                                             0
<TOTAL-LIABILITY-AND-EQUITY>                                       6,550
<SALES>                                                                0
<TOTAL-REVENUES>                                                     279
<CGS>                                                                  0
<TOTAL-COSTS>                                                          0
<OTHER-EXPENSES>                                                     203
<LOSS-PROVISION>                                                       0
<INTEREST-EXPENSE>                                                    0
<INCOME-PRETAX>                                                       76
<INCOME-TAX>                                                           0
<INCOME-CONTINUING>                                                   76
<DISCONTINUED>                                                   (1,037)
<EXTRAORDINARY>                                                        0
<CHANGES>                                                              0
<NET-INCOME>                                                       (961)
<EPS-BASIC>                                                       (0.28)
<EPS-DILUTED>                                                     (0.28)








</TABLE>