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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-7301

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

MARQUIS LAROSA BUCKLEY,

 Defendant - Appellant.

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

Norfolk. Rebecca Beach Smith, Senior District Judge. (2:18-cr-00002-RBS-DEM-1)

Submitted: April 20, 2023 Decided: April 25, 2023

Before KING and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Marquis Larosa Buckley, Appellant Pro Se. Anthony Comer Mozzi, Assistant United 

States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7301 Doc: 7 Filed: 04/25/2023 Pg: 1 of 2
2

PER CURIAM:

Marquis Larosa Buckley appeals the district court’s order denying his 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, § 603(b)(1), 132 Stat. 5194, 5239. We review the 

district court’s order for abuse of discretion. See United States v. Kibble, 992 F.3d 326, 

329 (4th Cir. 2021). We have reviewed the record and conclude that the district court did 

not abuse its discretion in weighing the 18 U.S.C. § 3553(a) factors and concluding that 

they did not support Buckley’s release.

Accordingly, we affirm the district court’s order. 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: 22-7301 Doc: 7 Filed: 04/25/2023 Pg: 2 of 2
Exhibit 99.1
                                                                  ------------





                   Certification of CEO and CFO 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 Petrie Stores Liquidating Trust
(the "Trust") on Form 10-Q for the period ending September 30, 2002, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Stephanie R. Joseph, as Chief Executive Officer of the Trust, and H. Bartlett
Brown, as Chief Financial Officer of the Trust, each hereby certifies,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, to the best of her or his knowledge, that:

         (1) The Report fully complies with the requirements of section 13(a)
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
Trust.


 /s/ Stephanie R. Joseph
------------------------------------
Stephanie R. Joseph
Chief Executive Officer
November 14, 2002

 /s/ H. Bartlett Brown
------------------------------------
H. Bartlett Brown
Chief Financial Officer
November 14, 2002

This certification accompanies this Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Trust for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
#### NORTON et al. v. CRESCENT CITY ICE MFG. CO., Inc.*

No. 14130.

Court of Appeal of Louisiana. Orleans.

April 10, 1933.

*

Writ of certiorari granted by Supreme Court May 29, 1933.

PER CURIAM.

Eor the reasons set forth by us to-day in refusing rehearing in the matter of Roy J. Norton et al. v. Crescent City Ice Manufacturing Co., Inc., 147 So. 385, the rehearing requested is denied.

Rehearing refused.
THE THIRTEENTH COURT OF APPEALS

13-13-00299-CR

JEROME JOHNSON

v.

THE STATE OF TEXAS

On Appeal from the

214th District Court of Nueces County, Texas

Trial Cause No. 08-CR-2124-F

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion.

We further order this decision certified below for observance.

January 16, 2014
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Office of the Secretary 

                    Section 30.13 of the Department of Health and Human Services' claims collection regulations (45 CFR Part 30) provides that the Secretary shall charge an annual rate of interest as fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date that HHS becomes entitled to recovery. The rate generally cannot be lower than the Department of Treasury's current value of funds rate or the applicable rate determined from the “Schedule of Certified Interest Rates with Range of Maturities.” This rate may be revised quarterly by the Secretary of the Treasury and shall be published quarterly by the Department of Health and Human Services in the                     **Federal Register**                    .                 

                    The Secretary of the Treasury has certified a rate of 11                    1/8                    % for the quarter ended June 30, 2008. This interest rate will remain in effect until such time as the Secretary of the Treasury notifies HHS of any change.                 

Dated: August 13, 2008. 

Molly P. Dawson, 

Director, Office of Financial Policy and Reporting. 

 [FR Doc. E8-19502 Filed 8-21-08; 8:45 am] 

BILLING CODE 4150-04-P
Order entered December 22, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-01452-CR

EX PARTE GERARDO AVELLA YANEZ

On Appeal from the 282nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. WX15-90005-S

ORDER

On December 1, 2015, this Court ordered the Dallas County District Clerk to file the 

clerk’s record in this accelerated appeal by December 16, 2015. To date, the clerk’s record has 

not been filed.

Accordingly, we ORDER Felicia Pitre, Dallas County District Clerk, to file, by 

DECEMBER 31, 2015, a clerk’s record containing all of the documents related to the article 

11.072 habeas corpus proceeding, including the trial court’s written order ruling on the 

application. If the clerk’s record is not filed by that date, the Court will utilize the available 

remedies to obtain the clerk’s record.

We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas County 

District Clerk, and to counsel for all parties.

/s/ ADA BROWN

JUSTICE
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-20163 Summary Calendar

IVO NABELEK,

Plaintiff-Appellant,

versus

WAYNE SCOTT, Director, Texas Department of Criminal Justice; GARY JOHNSON, Director, Texas Department of Criminal Justice; JAMES ZELLER, Senior Warden,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Texas

(H-00-CV-3396)

July 30, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Proceeding pro se and in forma pauperis ( IFP), Ivo Nabelek,

Texas prisoner # 669748, appeals the dismis sal as frivolous,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), o f his civil rights

complaint brought pursuant to 42 U.S.C. § 1983.

The district court did not abuse its discretion by dismissing

as frivolous Nabelek’s involuntary-servitude claim and related ex

post facto challenge. S ee Ali v. Johnson

, No. 00-10777, 2001 WL

__

(5th Cir. 11 July 2001); see also Lynce v. Mathis , 519 U.S. 433,2

441 (1997). The district court’s failure to specifically address

Nabelek’s passing reference to a cruel-and-unusual-punishment

a spect of his involuntary-servitude claim is harmless, as prison

work assignments alone do not violate the Eighth Amendment. S ee

Mendoza v . Lynaugh , 989 F.2d 191, 195 (5th Cir. 1993). Finally,

the district court did not err by denying Nab elek’s motion for a

preliminary inj unction and his request that payment of the

appellate filing fee be deferred until after this court addressed

the merits of his appeal. S ee Lakedreams v. Taylor

, 932 F.2d 1103,

1107 (5th Cir. 1991); 28 U.S.C. § 1915(b)(1).

Having considered these and the numero us related issues

raised, we conclude there is no reversible error.

The district court’s dismissal counts as a strike for purposes

of 28 U.S.C. § 1915(g). S ee Adepegba v. Hammons

, 103 F.3d 383, 387

(5th Cir. 1996). Nabelek is W ARNED that if he ac cumulates three

strikes, he may not proceed IFP in any civil action or appeal while

h e is incarcerated of detained in any facility unless he is in

imminent danger of serious physical injury. S ee 28 U.S.C. §

1915(g).

AFFIRMED ; SANCTIONS WARNING ISSUED
exhibit42.htm


EXHIBIT 4.2







 


 


 


SATYA WORLDWIDE, INC.


 


A FLORIDA CORPORATION


 


TOTAL AUTHORIZED ISSUE


280,000,000 SHARES COMMON STOCK, $0.0001 PAR VALUE












This certifies that _________________________________________________ is hereby issued ____________________________________________________ fully paid and non-assessable Shares of Common Stock of Satya Worldwide, Inc., transferable on the books of the Corporation by the holder hereof, in person or by duly authorized Attorney upon surrender of this Certificate properly endorsed.







In Witness Whereof, Satya Worldwide, Inc. has caused this Certificate to be signed by its duly authorized officers and its Corporate Seal to be hereunto affixed as of this ___ day of _____________ 20___.




 





 


 


 




 



	 	  	 
	
Chief Executive Officer

	
[SEAL]

	
Secretary
EX-35 (a)

(logo) OCWEN




ANNUAL SERVICER COMPLIANCE STATEMENT
PURSUANT TO ITEM 1123 OF REGULATION AB

March 8, 2007


RE: BASIC 2006-1


For the fiscal year ended December 31, 2006 (the "Reporting Period"), Ocwen Loan
Servicing, LLC ("OLS") furnishes this annual servicer compliance statement
pursuant to Item 1123 of Regulation AB, indicating its compliance with the
servicing standards of the Securities & Exchange Commission as set forth in
Regulation AB, 17 CFR section 229.1100, et seq., ("Regulation AB"). In this
regard, I make the following representations, which are true to the best of my
knowledge and belief in all material respects.


1.   A review of the servicing activities of OLS during the Reporting Period,
     and of its performance under the Servicing Agreement dated as of March 1,
     2006 (the "Agreement"), has been performed under my supervision.

2.   To the best of my knowledge, based on this review, OLS has fulfilled all of
     its obligations under the Agreement in all material respects throughout the
     Reporting Period.




By: /s/ Ronald M. Faris
Name: Ronald M. Faris
Title: President



Ocwen Loan Servicing LLC
1661 Worthington Road Suite 100
Centrepark West
West Palm Beach, FL 33409
CNX-3-31-14-EX10.5


___________, 2013
Page - 1 -






[Date]
[CONSOL Energy Inc. Letterhead]
[Employee Name – Excluding Section 16 Officers]
[Address]


Re: Acknowledgement Regarding 2013 CONSOL Stock Unit Awards
Dear [Employee Name]:
In connection with the closing of the Murray Energy transaction, the Compensation Committee of the Board of Directors (the "Committee") of CONSOL Energy Inc. reviewed the terms and conditions of the CONSOL Stock Unit awards (the "CSUs") granted under the Equity Incentive Plan on January 28, 2013 with a performance period of January 1, 2013 through December 31, 2015 (the "Performance Period").  
The CSUs generally provided that if (i) CONSOL’s average closing stock price (as determined in accordance with the CSU program) at the end of the Performance Period (the "Ending Stock Price") equaled or exceeded 50% of the Company’s average closing stock (as determined in accordance with the CSU program) at the beginning of the Performance Period (the "Beginning Stock Price") and (ii) CONSOL’s return on average capital employed ("ROCE") for the Performance Period is at least 80% of an ROCE target for such Performance Period, as adjusted, then payout of each CSU award would be determined in accordance with the following formula:
CSUs           x        Stock Price at End of Performance Period
(Target)             Stock Price at Beginning of Performance Period
In connection with the Committee’s review of the CSUs, the Committee determined and approved certain modifications to your CSU award as follows: 
		
	▪
	Adjustment to ROCE Metric. In light of the transaction with Murray Energy, the Committee approved an additional adjustment to the ROCE metric to exclude the effect of fluctuations in coal prices.  


		
	▪
	Adjustment to Stock Price Metric.  In response to shareholder comments regarding the CSU program, the Committee approved that for the CSU awards to be deemed earned and payable, the Ending Stock Price must equal or exceed the Beginning Stock Price.


Please execute this letter in acknowledgement and acceptance of the foregoing modifications to your CSU award and return it to Sue Modispacher by April 1, 2014.   
Sincerely, 
 
J. Brett Harvey
Chairman of the Board and Chief Executive Officer
ACCEPTED AND AGREED BY:
_______________________________________________[Employee Name] 
 
Dated:  January __, 2014
Exhibit 32.2




CERTIFICATION




The
undersigned officer of China Ruitai International Holdings Co., Ltd. (the
“Company”) hereby certifies that, to his knowledge, the Company’s Quarterly
Report on Form 10-Q to which this certification is attached (the “Report”),
as filed with the Securities and Exchange Commission on the date hereof, fully
complies with the requirements of Section 13(a) or 15(d), as applicable, of
the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and that
the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.





Date:
      August 16, 2010
                
                By:
                /s/
      Gang MaGang
      Ma, Chief Financial
Officer
EXHIBIT 32.2

                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  Fearless  International,  Inc.  (the
"Company")  on Form 10-KSB for the period ended March 31, 2007 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Carol
Stephan,  Chief Financial Officer,  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 results of operations of the
Company.


Date:    June 29, 2007

         By:    /s/ Carol Stephan
                -----------------
         Name:  Carol Stephan
         Title: Chief Financial Officer (Principal Financial Officer)
Exhibit 3(a)  

PEOPLES ENERGY CORPORATION

Amendments to By-Laws Effective December 5, 2003

 

Section 2.6 of Article I of the By-laws was amended effective December 5, 2003, 2003 to read in its entirety as follows:

SECTION 2.6.  Proxies.  At every meeting of the shareholders, each shareholder having the right to vote thereat shall be entitled to vote in person or by proxy.  Such proxy may be appointed by (1) an instrument in writing subscribed by such shareholder, or (2) transmitting or authorizing the transmission of a telegram, cablegram, or other means of electronic transmission; provided that any such transmission must either set forth or be submitted with information from which it can be determined that the telegram, cablegram, or other electronic transmission was authorized by such shareholder.  Any such proxy must bear a date not more than eleven months prior to such meeting, unless such proxy provides for a longer period, and shall be filed with the Secretary of the Company before, or at the time of, the meeting.
Unassociated Document


Exhibit 10.7


 


Royal Bakery Holdings, Inc.


 


Amendment No.3 to


 


Sub Franchisor Agreement


 


On the Page 5 of the Sub-Franchisor Agreement (“Agreement”) signed between Royal Bakery Holdings, Inc. (“Royal Bakery”) and Egg Tart Café United Holdings, LLC (“Egg Tart Café”) dated on October 3, 2012, where to Item 3.02(a), regarding Royalty. The Agreement states that:


 


“A monthly royalty equal to one percent 1%) of all royalty proceeds Sub-franchisor receives from its unit franchises, deposited directly or by electronic funds transfer to Franchisor's bank account, as specified by Franchisor, on or before the fifth day of each calendar month for the preceding month's royalty proceeds.”


 


The paragraph shall be changed to:


 


“A monthly royalty equal to thirty percent (30%) of all royalty proceeds Sub-franchisor receives from its unit franchises, deposited directly or by electronic funds transfer to Franchisor's bank account, as specified by Franchisor, on or before the fifth day of each calendar month for the preceding month's royalty proceeds.”


 


On Item 3.02(b), regarding Sub-franchise Fees, The Agreement states that:


 


“Monthly sub-franchise fees received from unit franchises of Sub-franchisor, deposited directly or by electronic fund transfer to Franchisor's bank account, as specified by Franchisor, on or before the fifth day of each calendar month for the preceding month's sub-franchise fee proceeds, calculated as follows:


 



	
Type of Sub-franchise Sold

	 	
Amount of 


Sub-franchise 


Fee Due

	 
	 	 	 	 
	
OVO Restaurant

	 	$	14,500	 
	
OVO Café

	 	$	11,500	 
	
OVO Kiosk

	 	$	10,000	 
	
OVO Food Truck

	 	$	5,000	” 












  





  











  






 


The paragraph shall be changed to:


 


“A one-time initial sub-franchise fee received from unit franchise of Sub-franchisor, shall deposit directly or by electronic fund transfer to Franchisor's bank account, as specified by Franchisor.


 




	
Type of Sub-franchise Sold

	 	
Amount of 


Sub-franchise 


Fee Due

	 
	 	 	 	 
	
OVO Restaurant

	 	$	14,500	 
	
OVO Café

	 	$	11,500	 
	
OVO Kiosk

	 	$	10,000	 
	
OVO Food Truck

	 	$	5,000	” 







 


In Witness Whereof, the parties hereto have executed this Agreement as of this 11 day of April, 2014.


 




	Royal Bakery Holdings, Inc.	 	Egg Tart Café United Holdings, LLC.	 
	a Delaware corporation	 	a Delaware corporation	 
	(“Franchisor”)	 	(“Sub-franchisor”)	 
	 	 	 	 	 	 
	By:	
/s/ Tommy Cheung

	 	By:	
/s/ Stephen Wan

	 
	Print Name:	TOMMY CHEUNG	 	Print Name:	
STEPHEN WAN

	 
	
Title:

	CHAIRMAN	 	
Title:

	Member Manager
SENTRY PETROLEUM LTD. 
SHARE OPTION PLAN 
February 28, 2009



OPTION COMMITMENT



Notice is hereby given that, effective this 28th day of February, 2009 (the Effective Date) SENTRY PETROLEUM LTD. (the Company) has granted to John Kaldi, an Option to acquire 25,000 Common Shares (Optioned Shares) up to 5:00 p.m. Pacific time on the 28th day of February, 2014 (the Expiry Date) at a Exercise Price of US$1.04 per share. Optioned Shares may be acquired as follows:

| |     |                                                                                                               
| | --- | --------------------------------------------------------------------------------------------------------------
| | (a) | 1/3 of the total number of Optioned Shares granted will vest twelve months after the Effective Date;          
| |     |                                                                                                               
| | (b) | a further 1/3 of the total number of Optioned Shares granted will vest 24 months after the Effective Date; and
| |     |                                                                                                               
| | (c) | the remaining 1/3 of the total number of Optioned Shares granted will vest 36 months after the Effective Date.

The grant of the Optioned Shares evidenced hereby is made subject to the terms and conditions of the Companys Share Option Plan, the terms and conditions of which are hereby incorporated in this Option Commitment.

To exercise your Option, deliver to the Company at its then principal business office, a written notice specifying the number of Optioned Shares you wish to acquire, together with cash or a certified cheque payable to the Company for the aggregate Exercise Price. A certificate for the Optioned Shares so acquired will be issued by the transfer agent as soon as practicable thereafter and will bear a legend stipulating any resale restrictions required under applicable securities laws.



SENTRY PETROLEUM LTD.

President



I hereby acknowledge receipt of a copy of the Plan and agree to be bound by the terms of the Plan. This commitment supersedes any prior Option or commitment made to me.



OPTIONEE

_JOHN KALDI_______________________________

Name:       _John Kaldi_________________________

Address:    ___________________________________

___________________________________







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