alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE v. DAVID BROCK.

(Filed 31 October, 1951.)

1. Criminal Daw § 22—

Where, in a prosecution for assault with a deadly weapon, a mistrial is ordered, defendant’s plea of former jeopardy upon the subsequent trial is properly denied.

2. Criminal Daw § 83—

Where the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Valentine, J., took no part in the consideration or decision of this case.

*391Appeal by defendant from *Harris, J.,*March Term, 1951, of Edge-combe.

Affirmed.

The defendant was indicted for secret assault on J. D. Wyatt and several others, 16 September, 1949 (G-.S. 14-31).

There was verdict of guilty of assault with a deadly weapon, and from judgment imposing sentence defendant appealed, assigning error in the denial of his plea of former jeopardy and in the admission of certain testimony.

*Attorney-General McMullan, Assistant Attorney-General Moody, and Charles G. Powell, Jr., Member of Staff, for the State.*

*Robert S. Cahoon for defendant, appellant.*

Devin, C. J.

This Court is of the opinion unanimously that defendant’s plea of former jeopardy was properly denied. *S. v. Dove,*222 N.C. 162, 22 S.E. 2d 231; *S. v. Guice,*201 N.C. 761, 161 S.E. 533. But the members of the Court are evenly divided in opinion *(Justice Valentine*not sitting) whether error in the admission of testimony as to declarations and conduct of Jim Cook in the absence of the defendant was prejudicial requiring a new trial. Hence the judgment of the Superior Court must stand affirmed, without becoming a precedent.

Judgment affirmed.

Yalentine, J., took no part in the consideration or decision of this case.
Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

Long-Range 

Actuarial 

Balance

Annual Balance 

in 75th Year

Long-Range 

Actuarial 

Balance

Annual 

Balance in 

75th Year

-2.00% -4.34% 2.03% 5.31% 0.03% 0.96%

Estimates based on the intermediate assumptions of the 2009 Trustees Report Office of the Chief Actuary, Social Security

August 26, 2009

Summary Measures and Graphs

Category of Change: Level of Monthly Benefits (PIA)

Proposed Provision: Beginning with those newly eligible in 2017, multiply the 90 and 32 PIA factors each 

year by 0.9925 and 0.982, respectively. Stop reductions in 2054. Beginning with those newly eligible in 

2012, multiply the 15 factor by 0.982. Stop reduction of the 15 factor in 2049. DI will have present law 

scheduled benefit and proportional reduction at conversion to retired worker benefits at normal retirement 

age, based on years of disability.

Present Law Change From Present Law in Results with this provision

OASDI Cost Rates and Income Rates

(as a percentage of taxable payroll)

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

2009 2019 2029 2039 2049 2059 2069 2079

Year

Percent

Cost rates with this provision

Cost rates under present law

Income rates with this provision

Income rates under present law

OASDI Trust Fund Ratio

 (assets as a percentage of annual expenditures)

0

100

200

300

400

500

600

700

800

900

1000

2009 2019 2029 2039 2049 2059 2069 2079

Year

Percent

Present law With this provision
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 Lionbridge Technologies, Inc. (the Company) on Form 10-Q for the period ending August 8, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the Report), we, Rory J. Cowan, Chief Executive Officer of the Company, and Stephen J. Lifshatz, 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, to our knowledge, 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 5, 2005



|                       
|-----------------------
|/S/ RORY J. COWAN      
|Rory J. Cowan          
|Chief Executive Officer
|                       
|/S/ STEPHEN J. LIFSHATZ
|Stephen J. Lifshatz    
|Chief Financial Officer
**EXHIBIT
      32.2**




ACORN
      ENERGY, INC.


SECTION
      1350 CERTIFICATION




In
      connection with the annual report of ACORN ENERGY, INC., a Delaware corporation
      (the “Company”), on Form 10-K for the year ended December 31, 2007, as filed
      with the Securities and Exchange Commission (the “Report”), I, MICHAEL BARTH,
      Chief Financial Officer of the Company, hereby certify as of the date hereof,
      solely for purposes of Title 18, Chapter 63, Section 1350 of the United States
      Code, that to the best of my knowledge:




(1)
      the
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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 at the dates
      and for the periods indicated.




This
      Certification has not been, and shall not be deemed, “filed” with the Securities
      and Exchange Commission.




Date:
      April 15, 2008




By:
            /s/
                Michael Barth





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 Acorn Energy, Inc. and will be retained
      by
      Acorn Energy, Inc. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.
**Exhibit31.1**

 

**CERTIFICATIONSPURSUANT TOSECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

**Chief ExecutiveOfficer Certification**

 

I, R. Jack DeCrane,certify that:

 

1.                              Ihave reviewed this Amendment No. 1 to the Form 10-K of DeCrane AircraftHoldings, Inc.;

 

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

 

3.                              Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

Date:October 9, 2003

 

 
|   | /s/  R. JACK DECRANE |
|--------|---------------------------|
|   | R. Jack DeCrane           |
|   | Chief Executive  Officer  |

 

----
8138 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Notices

DEPARTMENT OF THE INTERIOR

The Chicora-Waccamaw Indian People;

Receipt of Petition for Federal

Acknowledgment of Existence as an

Indian Tribe

This is published in the exercise of

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

Pursuant to 25 CFR 83.8(a) (formerly

25 CFR 54.8(a)) notice is hereby given

that the Chicora-Waccamaw Indian

People, 1903 Oak Street Extension,

Conway, South Carolina 29526, has

filed a petition for acknowledgment by

the Secretary of the Interior that the

group exists as an Indian tribe. The

petition was received by the Bureau of

Indian Affairs (BIA) on October 5, 1994,

and was signed by members of the

group’s governing body.

This is a notice of receipt of petition

and does not constitute notice that the

petition is under active consideration.

Notice of active consideration will be

sent by mail to the petitioner and other

interested parties at the appropriate

time.

Under Section 83.8(d) (formerly

54.8(d)) of the Federal regulations,

interested parties may submit factual

and/or legal arguments in support of or

in opposition to the group’s petition.

Any information submitted will be

made available on the same basis as

other information in the BIA’s files.

Such submissions will be provided to

the petitioner upon receipt by the BIA.

The petitioner will be provided an

opportunity to respond to such

submissions prior to a final

determination regarding the petitioner’s

status.

The petition may be examined, by

appointment, in the Department of the

Interior, Bureau of Indian Affairs,

Branch of Acknowledgment and

Research, Room 1362–MIB, 1849 C

Street, N.W., Washington, D.C. 20240,

Phone: (202) 208–3592.

Dated: January 24, 1995.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–3311 Filed 2–9–95; 8:45 am]

BILLING CODE 4310–02–P
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3395 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 3395

   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
               records and other information inspections.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2021

  Ms. Baldwin (for herself and Mr. Cassidy) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
               records and other information inspections.

    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 ``Medical Device Integrity Act''.

SEC. 2. RECORDS AND OTHER INFORMATION INSPECTION.

    (a) In General.--Section 704(a)(4)(A) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 374(a)(4)(A)) is amended--
            (1) in the first sentence, by inserting ``or device'' after 
        ``processing of a drug''; and
            (2) in the second sentence, by striking ``shall include'' 
        and all that follows through the period at the end and 
        inserting the following: ``shall include--
                    ``(A) a sufficient description of the records 
                requested; and
                    ``(B) a rationale for requesting such information 
                in advance of, or in lieu of, an inspection.''.
    (b) Guidance.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall issue draft guidance describing the 
circumstances in which the Secretary intends to issue requests for 
records or other information in advance of, or in lieu of, an 
inspection, processes for responding to such requests electronically or 
in physical form, and factors the Secretary intends to consider in 
evaluating whether such records are provided within a reasonable 
timeframe, within reasonable limits, and in a reasonable manner, 
accounting for resource and other limitations that may exist, including 
for small businesses. The Secretary shall issue final guidance not 
later than 1 year after the close of the comment period for the draft 
guidance.
                                 <all>
```
[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Page 9055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3928]



=======================================================================
-----------------------------------------------------------------------

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Civil and Mechanical Structures; Notice 
of Meeting

    In accordance with the Federal Advisory Committee Act Pub. L. 92-
463, as amended, the National Science Foundation announces the 
following meeting:

    Name: Special Emphasis Panel in Civil and Mechanical Structures 
(1205).
    Date and Time: March 6 and 7, 1995; 8:30 a.m. to 6:00 p.m.
    Place: NSF, 4201 Wilson Boulevard, Room 530, Arlington, 
Virginia.
    Type of Meeting: Closed.
    Contact Person: Dr. Devendra P. Garg, Program Director, Dynamic 
Systems & Control Program, Division of Civil and Mechanical 
Structures, Room 545, NSF, 4201 Wilson Blvd., Arlington, VA 22230 
703/306-1361, x 5068.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: To review and evaluate research proposals as part of the 
selection process for awards.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information; financial data, such as salaries; and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b(c) (4) and 
(6) of the Government Sunshine Act.

    Date: February 13, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-3928 Filed 2-15-95; 8:45 am]
BILLING CODE 7555-01-M
##### 



Exhibit 31.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO
EXCHANGE ACT RULE 13a-14(a)/15d-14(a)
AS ADOPTED PURSUANT TO SECTION 302
OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Activant Solutions 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 quarterly 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 quarterly 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:
    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):
   Date: February 10, 2006
 /s/ A. LAURENCE JONESA. Laurence JonesPresident & CEO
**Exhibit 32.01**

**CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

Inconnection with the GoRemote Internet Communications, Inc. QuarterlyReport on Form 10-Q for the quarterly period ended April 30, 2005, asfiled with the Securities and Exchange Commission on the date hereof (“Report”),I, Tom Thimot, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge based on a reviewof the Report: (1) the Report fully complies with the requirements of Section 13(a) ofthe Securities Exchange Act of 1934, as amended; and (2) the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company for the periodcovered by the Report.
| Date: June 9, 2005 | By:    | /s/ TOM THIMOT                               |
|-------------------------|--------|----------------------------------------------|
|                    |   | Tom Thimot                                   |
|                    |   | President & Chief Executive Officer |

 

A signed original of this written statement requiredby Section 906 has been provided to GoRemote and will be retained byGoRemote and furnished to the Securities and Exchange Commission or its staffupon request.

----
EXHIBIT
 32



CERTIFICATION
 OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANICAL 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 report on Form 10-Q ofSolar
 Energy Limited for the annual period endedMarch
 31, 2008 as filed with
 the Securities and Exchange Commission on the date hereof (Report), I,Nelson
 Skalbania, do hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906
 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

| | (1) | This Report complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------

| | (2) | The information contained in this Report fairly represents, in all material respects, the financial condition of the small business issuer at the end of the period covered by this Report and results of operations of the small business issuer for the period covered by this Report.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date:May
 20, 2008





/s/
 Nelson Skalbania

Nelson
 Skalbania, Chief Executive Officer and Chief Financial
 Officer This certification accompanies this Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not,
 except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the registrant for the purposes of §18 of
 the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the
 Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this
 Report), irrespective of any general incorporation language contained in such filing. A signed original of this written
 statement required by §906 has been provided to the registrant and will be retained by the registrant and furnished to the
 Securities and Exchange Commission or its staff upon request.







26
Exhibit 10.1


 


 


 


November 28, 2022


 


Erin Darakjian


Chief Accounting Officer


Interim Chief Financial Officer


 


Dear Erin,


 


We are pleased to extend an interim pay agreement for your
work as P3’s Interim CFO and in your continued role as Chief Accounting Officer. You are a trusted and highly valued leader of our
P3 family, and your contributions are directly connected to the company’s growth and success. The following are the terms of our
interim pay agreement:


 


Lump Sum Payment: You
will receive a lump sum payment representing both salary and bonus award in line with the interim CFO role of $50,000 (fifty thousand
dollars) to be paid in the first pay period in December. This is in addition to your current salary and bonus plan as Chief Accounting
Officer. If your interim appointment extends beyond February 1, 2023, in consideration of your service as Interim Chief Financial Officer,
P3 will compensate you an additional lump sum of $50,000 – the first payment to be made in the first pay period of February 2023.
Additional payments will be made and every three (3) months thereafter - until a permanent Chief Financial Officer commences employment.


 


Annual Incentive: Your
target bonus will permanently increase to 50% of your base salary while you are in your role as Chief Accounting Officer. This bonus is
based on a combination of the Company’s and your performance with respect to target goals and metrics, subject to Board of Directors
approval each year. For the bonus related to fiscal year 2022, P3 will guarantee a bonus payout at 100% of target, without proration.
Going forward, so long as you remain an employee of P3, your bonus target will be 50% of your salary.


 


One-Time Equity Grant:
P3 shall grant to a non-qualified option to purchase 100,000 shares of P3’s Class A common stock (the “Stock Option”),
subject to your continued employment with P3 through the vesting date. The Stock Option shall have an exercise price per share equal to
the Fair Market Value on the grant date (as defined in the 2021 P3 Health Partners Inc. Incentive Award Plan (the “Plan”))
and shall have an outside expiration date of ten years from the grant date and will vest at 25% per year over a four year period (25%
per year commencing on October 18, 2023, the first anniversary of your appointment to the Interim CFO role).





 






     


     


    

 


 


 


I
sincerely appreciate your hard work, dedication, and leadership to P3 Health Partners. I look forward to your continued growth within
in the organization.


 


	Sincerely,	 
	 	 
	/s/ Sherif Abdou, M.D.	 
	Sherif Abdou, MD, MMM, FACP, FACPE	 
	Chief Executive Officer	 




 


I agree to the terms stipulated and indicate my acceptance
by signing and returning this document via DocuSign.


 


	 	Date:	11/28/2022
	 	 	 
	 	Signed:	/s/ Erin Darakjian
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

LESTER LEECODY RUNSABOVE,

 Defendant - Appellant.

No. 15-30299

D.C. No. 1:14-cr-00131-SPW

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted June 14, 2016** 

Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.

Lester Leecody Runsabove appeals from the district court’s judgment and

challenges the 34-month sentence imposed following his guilty-plea conviction for

being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C.

§ 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

JUN 22 2016

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 panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Runsabove contends that the district court abused its discretion by electing

to run the 34-month sentence consecutive to an undischarged state sentence. He

argues that the resulting sentence is substantively unreasonable in light of his

horrific childhood, his history of substance abuse, and the delay between his state

and federal sentencing hearings. The district court did not abuse its discretion in

imposing Runsabove’s sentence. See Gall v. United States, 552 U.S. 38, 51

(2007). The 34-month consecutive sentence is substantively reasonable in light of

the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances,

including Runsabove’s significant criminal history and the nature of the offense. 

See U.S.S.G. § 5G1.3 cmt. n. 4(C); Gall, 552 U.S. at 51. 

AFFIRMED.

2 15-30299