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

No. 22

- 6728

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
RODNEY WILSON , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of Virginia , at Danville

. Norman K. Moon , Senior District Judge. ( 4:03

- cr - 70134

- NKM

- 3 )

Submitted : November 17, 2022 Decided: November 23, 2022

Before KING, QUATTLEBAUM, and RUSHING , Circuit Judges.

Affirmed by un published per curiam opinion

.
Rodney Wilson, Appellant Pro Se. Jennifer R. Bockhorst, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Abingdon, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6728 Doc: 7 Filed: 11/23/2022 Pg: 1 of 22 PER CURIAM: Rodney Wilson appeals the district court’s order denying Wilson’s motions to (a) reconsider the court’s prior order granting Wilson a sentence reduction pursuant to § 404(b) of t he First Step Act of 2018, Pub. L. No. 115

- 391, 132 Stat. 5194 ; (b) reduce the forfeiture judgment; and (c) appoint counsel. Upon review of the record, we discern no

error or abuse of discretion in the challenged rulings. Accordingly, we affirm the distr ict
court’s order. United States v. Wilson , No. 4:03

- cr - 70134

- NKM

- 3 (W.D. Va. June 3, 2022). 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: 22-6728 Doc: 7 Filed: 11/23/2022 Pg: 2 of 2
Presidential Documents

Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Presidential Documents 26033

Memorandum of May 10, 1996

Delegation of Responsibilities Under Section 211(c) of Title

II of Public Law 102–228

Memorandum for the Secretary of State [and] the Secretary of Defense

By the authority vested in me by the Constitution and the laws of the

United States of America, including section 301 of title 3 of the United

States Code, I hereby delegate to the Secretary of State the authority and

duty vested in the President under section 211(c) of the Soviet Nuclear

Threat Reduction Act of 1991 (title II of Public Law 102–228), as amended.

The Secretary of State is authorized and directed to publish this memorandum in the Federal Register

œ–.

THE WHITE HOUSE,

Washington, May 10, 1996. [FR Doc. 96–12941

Filed 5–22–96; 8:45 am]

Billing code 4710–10–M
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 400 Engrossed in House (EH)]

H. Res. 400

                In the House of Representatives, U. S.,

                                                           May 6, 2009.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 1728) to amend the Truth in Lending Act to reform consumer mortgage 
practices and provide accountability for such practices, to provide certain 
minimum standards for consumer mortgage loans, and for other purposes. The first 
reading of the bill shall be dispensed with. All points of order against 
consideration of the bill are waived except those arising under clause 9 or 10 
of rule XXI. General debate shall be confined to the bill and shall not exceed 
one hour equally divided and controlled by the chair and ranking minority member 
of the Committee on Financial Services. After general debate, the Committee of 
the Whole shall rise without motion. No further consideration of the bill shall 
be in order except pursuant to a subsequent order of the House.
            Attest:

                                                                          Clerk.
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 324 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 324

Expressing support for designation of April 2009 as ``Jazz Appreciation 
Month'' and April 25, 2009, as ``Willis Conover Day'', and honoring the 
                      global impact of jazz music.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2009

Mr. Larson of Connecticut submitted the following resolution; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for designation of April 2009 as ``Jazz Appreciation 
Month'' and April 25, 2009, as ``Willis Conover Day'', and honoring the 
                      global impact of jazz music.

Whereas it is universally acknowledged and accepted by Congress that April is 
        ``Jazz Appreciation Month'', and H. Res. 57 (100th Congress) proclaimed 
        jazz a national American treasure;
Whereas the ``Big Band Jam'' was created in 2005 to bring big band jazz to the 
        Nation's capital;
Whereas the Big Band Jam will showcase the music of student musicians and 
        recognizes the importance of educating our youth about America's unique 
        jazz heritage;
Whereas Washington, DC, area high schools, colleges, universities, and military 
        ensembles come together once a year to share their appreciation of jazz, 
        and they help bridge the gap between cultural diversity, age, education, 
        and income through the music;
Whereas the Big Band Jam is produced in cooperation with many esteemed cultural 
        and government agencies, which include museums, art organizations, 
        memorials, and municipal agencies, all dedicated to increasing the 
        awareness and appreciation of jazz;
Whereas, on April 25, 2009, the Big Band Jam will honor the Voice of America and 
        Willis Conover and the joint contribution toward spreading the language 
        of jazz and American cultural diplomacy around the world over a span of 
        more than 35 years;
Whereas the public shall share together in a celebration of the global impact of 
        jazz music, an American treasure, that will feature America's own 
        Smithsonian Jazz Masterworks Orchestra, under the musical direction of 
        National Endowment for the Arts (NEA) Jazz Master David N. Baker, as 
        they each and all pay tribute to ``America's Jazz Musical Masters'';
Whereas April 2009 would be an appropriate month to designate as ``Jazz 
        Appreciation Month''; and
Whereas April 25, 2009, would be an appropriate day to designate as ``Willis 
        Conover Day'': Now, therefore, be it
    Resolved, That the House of Representatives supports the 
designation of ``Jazz Appreciation Month'' and ``Willis Conover Day''.
                                 <all>
```
IV 

111TH CONGRESS 

1ST SESSION H. RES. 297 

Recognizing May 25, 2009, as National Missing Children’s Day. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2009 

Mrs. BIGGERT (for herself, Mr. WOLF, Mr. STUPAK, Ms. ZOE LOFGREN of 

California, and Mr. ROONEY) submitted the following resolution; which 

was referred to the Committee on Education and Labor 

RESOLUTION 

Recognizing May 25, 2009, as National Missing Children’s 

Day. 

Whereas May 25, 2009, will be the 27th National Missing 

Children’s Day; 

Whereas National Missing Children’s Day honors our Nation’s obligation to locate and recover missing children by 

prompting parents, guardians, and other trusted-adult 

role models to make child safety an utmost priority; 

Whereas in the United States nearly 800,000 children are reported missing a year, more than 58,000 children are abducted by non-family members, and more than 2,000 

children are reported missing every day; 

Whereas Congress’s efforts to provide resources, training, 

and technical assistance has increased the capabilities of 


jbell on PROD1PC69 with BILLS
2 

•HRES 297 IH 

State and local law enforcement to find children and to 

return them home safely; 

Whereas the 1979 disappearance of 6-year-old Etan Patz 

served as the impetus for the creation of National Missing Children’s Day, first proclaimed in 1983; and 

Whereas Etan’s photo was distributed nationwide and appeared in media globally, and the powerful image came 

to represent the anguish of thousands of searching families: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes National Missing Children’s Day 

3 and encourages all Americans to join together to 

4 plan events in communities across America to raise 

5 public awareness about the issue of missing children 

6 and the need to address this national problem, 

7 (2) recognizes that one of the most important 

8 tools for law enforcement to use in the case of a 

9 missing child is an up-to-date, good quality photo10 graph and urges all parents and guardians to follow 

11 this important precaution, and 

12 (3) acknowledges that National Missing Chil13 dren’s Day should remind Americans not to forget 

14 the children who are still missing and not to waver 

15 in the effort to reunite them with their families. 

Æ 


jbell on PROD1PC69 with BILLS
#### STATE of Missouri, Plaintiff/Respondent, v. Jarrett WILLIAMS, Defendant/Appellant.

No. 61260.

Missouri Court of Appeals, Eastern District, Division One.

March 16, 1993.

Judith LaRose, Office of the State Public Defender, Columbia, for defendant, appellant.

William L. Webster, Atty. Gen., Aundreia R. Alexander, Asst. Atty. Gen., Jefferson City, for plaintiff, respondent.

Before AHRENS, P.J., and REINHARD and CRIST, JJ.

ORDER

PER CURIAM.

Defendant appeals his conviction by a jury of the offense of felony stealing, § 570.030, RSMo 1986. He was found by the court to be a prior offender and sentenced to a term of seven years’ imprisonment. We affirm. We have reviewed the record and find the claims of error to be without merit. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rule 30.25(b).
EXHIBIT 99.2

                            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 Annual Report of REINK CORP. and Subsidiaries (the
Company") on Form 10-KSB for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
William M. Smith, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.

/s/William M. Smith

William M. Smith
Chief Financial Officer
(Principal Financial Officer)
May 21, 2003
Case 4:17-mj-00340-N/A-BPV Document 1 Filed 12/06/17 Page 1 of 2
Case 4:17-mj-00340-N/A-BPV Document 1 Filed 12/06/17 Page 2 of 2
Case 4:17-mj-08749-BGM Document 1 Filed 11/08/17 Page 1 of 1
UNITED STATES NAVY–MARINE CORPS

COURT OF CRIMINAL APPEALS

_________________________

No. 201700116

_________________________

UNITED STATES OF AMERICA

Appellee

v.

DEZMOND J. BROMMEL

Lance Corporal (E-3), U.S. Marine Corps

Appellant

_________________________

Appeal from the United States Navy-Marine Corps Trial Judiciary

Military Judge: Colonel Peter S. Rubin, USMC.

Convening Authority: Commanding Officer, Combat Logistics 

Regiment 25, 2d Marine Logistics Group, Camp Lejeune, NC.

Staff Judge Advocate’s Recommendation: Major M.T. Schnakenberg, 

USMC.

For Appellant: Captain Scott F. Hallauer, JAGC, USN.

For Appellee: Brian K. Keller, Esq.

_________________________

Decided 30 June 2017

_________________________

Before GLASER-ALLEN, FULTON, and PETTIT, Appellate Military Judges

_________________________

After careful consideration of the record, submitted without assignment of 

error, we affirm the findings and sentence as approved by the convening 

authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c). 

For the Court

R.H. TROIDL

Clerk of Court
EXHIBIT 10.1



 EXHIBIT 10.1
AGREEMENT 
	

of


	
Party A     :	
Teda Hotels Management Company Ltd. 
	
	
 	
 
	
Party B     :	
Mr. Felix Liu 
	



Party A wishes to identify business projects of good quality for the development of its business in the setting up of a commercial platform for the provision of travelers-related services in the People’s Republic
of China.


Party B possesses rich and extensive experience in doing business in the People’s Republic of China and has good connection and business relations with government officials in a number of offices and departments
of the government.  


On 24th February of this year Party B, at the request of Party A, has contacted the relevant department of the Public
Transportation Corporation of Beijing City and engaged in business negotiation concerning the business project for the placing of advertisements in the bus stops, way stations and terminals of public transportation in Beijing.  In order to put Party
B in the position to negotiate with Beijing Public Transportation Corporation in the above matter, Party A has provided a sum of HKD7,800,000 to Party B as earnest money.  Furthermore, in order to enable Party B to negotiate with Beijing Public
Transportation Corporation in a more effective manner and to provide a better basis for such negotiation with a view to secure the contract for that project, Party A has agreed to pay Party B for the expenses (other than the sum mentioned above)
incurred by Party B in relation to such negotiations, including the expenses in the setting up of a temporary office, in the hiring of staff on short term basis and for the preparation of feasibility studies and project proposal.  


Both Party A and Party B are well satisfied with the progress made so far in the negotiation for the above mentioned project and have high hope for winning the contract for such project eventually.  Therefore Party A
agrees to extend the availability of the earnest money until 31st July of this year in order for Party B to continue its endeavor to secure the contract for Party
A.  If Party B should fail to enter into the relevant agreement with Beijing Public Transportation Corporation on
behalf of 










	 Party A before that date then Party B shall
refund the entire sum of the earnest money to Party A but in such event Party B
will not be required to pay interest thereon. Party A shall not otherwise seek
to recover from Party B all the expenses paid by Party A to Party B in respect
of the above mentioned project. Party A and Party B have accordingly signed
below to record their agreement. 

		
Party A 
		
Party B 
	
	
 
	
	
 
	
	
                          (Sd.) 
		
                        (Sd.) 
	
	
____________________	
 
	
 	
____________________
	
Teda Hotels 
		
Mr. Felix Liu 
	
	
Management Company Ltd.	
 

   3rd May,
2006
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S

N O . A P - 7 6 , 7 1 0

E X P A R T E F R A N K J O E R A M I R E Z , A p p l i c a n t

O N A P P L I C A T I O N F O R A W R I T O F H A B E A S C O R P U S C A U S E N O . W - 1 1 7 0 1
- 1 I N T H E 3 5 5 D I S T R I C T C O U R T T H F R O M H O O D C O U N T Y

P e r c u r i a m . O P I N I O N P u rsuant to the provisions of Article 11.07 of the Texas Code of Criminal Proced u re , t h e cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 8 2 6 (T ex. Crim. App. 1967). Applicant was convicted of unlawful possession of a fir ear

m by a fe lon and sentenc ed to twenty -five y ear s’ imprisonment. Applicant contends that his counsel rende red ineffe ctive assistance beca use he failed to file a timely notice of a

ppeal. Counsel filed a

n aff idavit confirming Applicant’s a lleg ations. The trial court has deter

mined that trial counsel failed to timely file a notice of appea l. We find that Applicant is entitled to the opportuni t y t o fi l e an out-of-time appea l of the judgme nt of2

conviction i n Cause No. 11701 from the 355 J udicial Dis trict Court of Hood County

. Applicant t h is order ed returne d to that time at which he may g ive a written notice of appea l so that he may then, with the aid of counsel, obtain a meaning ful appea l. Wit hin ten day s of the issuance of this opinion, the trial court shall deter

mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall immediately appoint an attorney to repr esent Applicant on direc t appea l. All time limit s shall be calc ulated as if the sentenc e had been imposed

on the date on which the mandate of this Court is s u es . W e h o l d that, should Applicant desire to prosec ute an appea l, he must take aff irmative steps to file a written notice of appea l in the trial court within 30 day s after

the mandate of this Court issues.

Deliver ed: J anuar

y 11, 2012 Do Not Publish
**EXHIBIT
      32.2**





**CERTIFICATION
      OF INTERIM CHIEF FINANCIAL OFFICER**


**PURSUANT
      TO 18U.S.C. SECTION 1350**





In
      connection with the Quarterly Report of The OLB Group, Inc. (the "Company")
      on
      Form 10-QSB for the period ending March 31, 2008 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Ronny Yakov,
      Interim Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
      ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act,
      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 result of operations of the Company.




By:
            /s/ Ronny
                YakovRonny
                Yakov**,**Interim****Chief
                Financial OfficerMay
                __, 2008
#### STATE of Missouri, Plaintiff/Respondent, v. Deleon MORGAN, Defendant/Appellant. Deleon MORGAN, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Nos. 66643, 69219.

Missouri Court of Appeals, Eastern District, Division One.

Sept. 10, 1996.

*407Raymond J. Capelovitch, Asst. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Che-lyl A. Caponegro, Asst. Atty. Gen., Jefferson City, for respondent.

Before DOWD and REINHARD, P.JJ., and GARY M. GAERTNER, J.

*ORDER*

PER CURIAM.

Movant appeals the denial, without an evi-dentiary hearing, of his Rule 29.15 motion for post-conviction relief. We affirm.

We have reviewed the record and find the claims of error are without merit; the judgment of the motion court is based on findings of fact that are not clearly erroneous. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order affirming the judgment pursuant to Rules 30.25(b) and 84.16(b).
#### Samuel D. ROSS, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

No. 71016.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 25, 1997.

Dave Hemingway, Asst. Public Defender, St. Louis, for movanl/appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Assistant Attorney General, Jefferson City, for respondent/respondent.

Before DOWD, P.J., and REINHARD and GARY M. GAERTNER, JJ.

*ORDER*

PER CURIAM.

Movant appeals the dismissal, without an. evidentiary hearing, of his Rule 24.035 motion for post-conviction relief. Movant pled guilty to one count of first degree tampering, § 569.080, RSMo 1994, and the court sentenced him to a five year prison term. We affirm. We have reviewed the record and *58find the judgment of the motion court is based on findings of fact that are not clearly erroneous. An opinion would have no prece-dential value nor serve any jurisprudential purpose. Rule 84.16(b).
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SUNTECH POWER HOLDINGS CO.

LTD., 

Plaintiff-Appellant,

 v.

JULIAN RALPH WORLEY et al., 

Defendants,

 and

STEVEN R. WADE, 

Defendant-Appellee.

No. 17-16380

D.C. No. 3:12-cv-06409-VC

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Vince Chhabria, District Judge, Presiding

Submitted November 16, 2018** 

San Francisco, California

FILED

NOV 20 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

*

 This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes that this case is suitable for decision

without oral argument. Fed. R. App. P. 34(a)(2).
Before: HAWKINS, GRABER, and THACKER,

*** Circuit Judges. 

Liquidators appointed by a bankruptcy court to act on behalf of Suntech

Power Holdings Company timely appeal the district court’s dismissal of this action

against Steven Wade, the personal representative of the estate of former Suntech

officer Susan Wang. The parties dispute the interpretation of Suntech’s Articles of

Association. The law of the Cayman Islands applies to the interpretation of

Suntech’s Articles. Atl. Marine Constr. Co. v. U.S. Dist. Court, 571 U.S. 49, 65

(2013); Cal. Corp. Code § 2116. Reviewing de novo the dismissal, Proctor v.

Vishay Intertech. Inc., 584 F.3d 1208, 1218 (9th Cir. 2009), and the content of

foreign law, Fahmy v. Jay-Z, 891 F.3d 823, 829 (9th Cir. 2018), we affirm.

The district court correctly interpreted the contract to exculpate Suntech’s

directors from all but willful default. The "common meaning" interpretation of

Article 140 that Suntech advances renders the clause meaningless because it

exempts Suntech’s directors from all liability except all liability. Because that

interpretation is absurd and because the Articles’ history and provision’s context

support an alternative, reasonable construction, we reject the literal interpretation

of Article 140. The history of the Articles supports the district court’s

***

 The Honorable Stephanie Dawn Thacker, Circuit Judge for the U.S.

Court of Appeals for the Fourth Circuit, sitting by designation.

2
interpretation, because the previous version of the Articles used the bare term

"default" to mean "willful default." Additionally, Cayman law recognizes the

principle that a word is known by the company that it keeps. That canon supports

the district court’s interpretation: the nearby terms "dishonesty" and "fraud"

require willfulness, so it is reasonable to conclude that the drafters of the Articles

intended to allow suits only for willful default.

AFFIRMED.

3