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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-6441

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

GABRIEL Z. KERSHAW,

 Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Columbia. Cameron McGowan Currie, Senior District Judge. (3:16-cr-00258-CMC-1)

Submitted: March 29, 2024 Decided: April 30, 2024

Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gabriel Z. Kershaw, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-6441 Doc: 9 Filed: 04/30/2024 Pg: 1 of 2
2

PER CURIAM:

Gabriel Z. Kershaw appeals from the district court’s orders 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, and his motion 

for reconsideration. Upon review of the record, we discern no abuse of discretion in the 

district court’s determination that the pertinent 18 U.S.C. § 3553(a) factors weighed against 

compassionate release. See United States v. Bethea, 54 F.4th 826, 831 (4th Cir. 2022)

(stating standard of review). Accordingly, we affirm the district court’s orders. 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: 23-6441 Doc: 9 Filed: 04/30/2024 Pg: 2 of 2
[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Notices]
[Pages 51819-51820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20558]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Federal Open Market Committee; Domestic Policy Directive of 
August 5, 2008

    In accordance with Sec.  271.25 of its rules regarding availability 
of information (12 CFR part 271), there is set forth below the domestic 
policy directive issued by the Federal Open Market Committee at its 
meeting held on August 5, 2008.\1\
---------------------------------------------------------------------------

    \1\[thinsp]Copies of the Minutes of the Federal Open Market 
Committee meeting on August 5, 2008, which includes the domestic 
policy directive issued at the meeting, are available upon request 
to the Board of Governors of the Federal Reserve System, Washington, 
D.C. 20551. The minutes are published in the Federal Reserve 
Bulletin and in the Board's annual report.
---------------------------------------------------------------------------

    The Federal Open Market Committee seeks monetary and financial 
conditions that will foster price stability and

[[Page 51820]]

promote sustainable growth in output. To further its long-run 
objectives, the Committee in the immediate future seeks conditions in 
reserve markets consistent with maintaining the federal funds rate at 
an average of around 2 percent.
    By order of the Federal Open Market Committee, August 26, 2008.

Brian F. Madigan,
Secretary, Federal Open Market Committee.
[FR Doc. E8-20558 Field 9-4-08; 8:45 am]
BILLING CODE 6210-01-S
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-7452

CEDEAL T. HARPER,

Petitioner - Appellant,

v.

DAVID BALLARD, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Southern 

District of West Virginia, at Huntington. Robert C. Chambers,

Chief District Judge. (3:13-cv-23467)

Submitted: January 22, 2015 Decided: January 27, 2015

Before SHEDD, KEENAN, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cedeal T. Harper, Appellant Pro Se. Christopher S. Dodrill, 

Scott E. Johnson, OFFICE OF THE ATTORNEY GENERAL, Charleston, 

West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Cedeal T. Harper seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2254 (2012) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(A) (2012). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Harper has not made the requisite showing. Accordingly, we 

deny Harper’s motions for a certificate of appealability, for 

leave to proceed in forma pauperis, and for bail, and dismiss 

the appeal. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 
3

before this court and argument would not aid the decisional 

process.

DISMISSED
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7118 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 7118

To amend title II of the Social Security Act relating to the sharing of 
  death information with the Do Not Pay working system, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2022

 Ms. Craig (for herself and Mr. Meijer) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend title II of the Social Security Act relating to the sharing of 
  death information with the Do Not Pay working system, and for other 
                               purposes.

    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 ``Social Security Payment Integrity 
and Information Act of 2022''.

SEC. 2. SHARING OF DEATH INFORMATION WITH DO NOT PAY WORKING SYSTEM.

    (a) In General.--Section 205(r) of the Social Security Act (42 
U.S.C. 405(r)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by moving the margins for 
                each of clauses (i) and (ii) 4 ems to the left; and
                    (B) by moving the margins for each of subparagraphs 
                (B) and (C) 4 ems to the left;
            (2) in paragraph (3)(A), by moving the margins for each of 
        clauses (i) and (ii) 2 ems to the left;
            (3) by moving the margins for paragraph (7) 2 ems to the 
        left; and
            (4) by adding at the end the following:
    ``(11) The Commissioner of Social Security may, immediately upon 
the date of enactment of this paragraph, and shall, beginning not later 
than December 27, 2022, provide information furnished to the 
Commissioner under paragraph (1) to the agency operating the Do Not Pay 
working system described in section 3354(c) of title 31, United States 
Code, to prevent improper payments to deceased individuals through a 
cooperative agreement with such agency, provided that the requirements 
of subparagraphs (A) and (B) of paragraph (3) are met with respect to 
such agreement with such agency.''.
    (b) Conforming Amendment.--Section 801 of division FF of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) In General.--'';
                    (B) at the end of paragraph (6), by striking ``; 
                and'' and inserting a period; and
                    (C) by striking paragraph (7); and
            (2) by striking subsection (b).
                                 <all>
```
[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Notices]
[Page 51861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20754]


-----------------------------------------------------------------------

OVERSEAS PRIVATE INVESTMENT CORPORATION


September 18, 2008 Board of Directors Meeting

    Time and Date: Thursday, September 18, 2008, 10 a.m. (Open 
Portion); 10:15 a.m. (Closed Portion).
    Place: Offices of the Corporation, Twelfth Floor Board Room, 1100 
New York Avenue, NW., Washington, DC.
    Status: Meeting OPEN to the Public from 10 a.m. to 10:15 a.m. 
Closed portion will commence at 10:15 a.m. (approx.).
    Matters To Be Considered:
    1. President's Report
    2. Approval of July 17, 2008 Minutes (Open Portion)
    Further Matters To Be Considered: (Closed to the Public 10:15 a.m.)
    1. Report from Audit Committee
    2. Finance Project--Costa Rica, El Salvador, Guatemala, Honduras
    3. Finance Project--Liberia
    4. Finance Project--South Africa
    5. Finance Project--Mexico, Nicaragua, El Salvador, Peru, Armenia, 
Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Cambodia, 
Bosnia, Kenya
    6. Finance Project--Botswana
    7. Finance Project--Bulgaria and the Balkans
    8. Finance Project--Asia
    9. Finance Project--South Asia
    10. Finance Project--Global
    11. Finance Project--Global
    12. Finance Project--Global
    13. Finance Project--Global
    14. Finance Project--Latin America
    15. Finance Project--Latin America
    16. Finance Project--Latin America
    17. Finance Project--Mexico and Central America
    18. Finance Project--Central and South America
    19. Approval of July 17, 2008 Minutes (Closed Portion)
    20. Pending Major Projects
    21. Reports
    Contact Person for Information: Information on the meeting may be 
obtained from Connie M. Downs at (202) 336-8438.

    Dated: September 3, 2008.
Connie M. Downs,
Corporate Secretary, Overseas Private Investment Corporation.
[FR Doc. E8-20754 Filed 9-3-08; 4:15 pm]
BILLING CODE 3210-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                          34,704
<SECURITIES>                                    25,400
<RECEIVABLES>                                   92,198
<ALLOWANCES>                                       195
<INVENTORY>                                        612
<CURRENT-ASSETS>                                 5,791
<PP&E>                                         414,504
<DEPRECIATION>                                (30,104)
<TOTAL-ASSETS>                                 568,477
<CURRENT-LIABILITIES>                           26,218
<BONDS>                                        295,886
<COMMON>                                           309
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     224,814
<TOTAL-LIABILITY-AND-EQUITY>                   568,477
<SALES>                                              0
<TOTAL-REVENUES>                               152,643
<CGS>                                                0
<TOTAL-COSTS>                                  117,844
<OTHER-EXPENSES>                                 2,200
<LOSS-PROVISION>                                    60
<INTEREST-EXPENSE>                              15,933
<INCOME-PRETAX>                                 21,972
<INCOME-TAX>                                     8,789
<INCOME-CONTINUING>                             13,183
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                     73
<CHANGES>                                            0
<NET-INCOME>                                    13,256
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
CERTIFICATION PURSUANT TO 

18 U.S.C. SECTION 130

AS ADOPTED PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of Aslahan Enterprises Ltd. (the"Company") on Form 10-KSB for the period ended February 28, 2007 filed withthe Securities and Exchange Commission on the date hereof (the "Report"), eachof the undersigned, in the capacities and on the dates indicated below, herebycertifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

1.    The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.    The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operation of the Company.

 

| May 29, 2007 | By: /s/ "Tina Sangha"                                                    |
|--------------|------------------------------------------------------------------------------------|
|         | Tina Sangha, Chairman and Chief Executive Officer and Chief      Financial Officer |

 

A signed original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished to theSecurities and Exchange Commission or its staff upon request.
# Fourth Court of Appe als

San Antonio, Texas

March 2, 2017

No. 04

- 17

- 00010

- CV

ATLAS TOWING AND STORAGE,

Appellant

v.

Cheryl VOMERO,

Appellee

From the County Court at Law No. 3, Bexar County, Texas

Trial Court No. 2015CV04077

Honorable David J. Rodriguez, Judge Presidi ng



### O R D E R

On February 2 7 , 2017, this court issued an order granting the parties ’ Joint Advisory

stating they have agreed to mediate this matter with Mr. Robert Trudeau and abat ing this appeal

until April 10, 2017.

Also on February 27, 2017, before receiving a copy of our order, appellant filed an

unopposed motion requesting an extension of time in which to file its brief. Based on our

February 27, 2017 order, we deny the motion as moot.

P ursuant to our February 27, 2017 order, (1) the parties are directed to file either the

appropriate motion to dismiss this appeal or a motion to reinstate appellate deadlines no later

than April 10, 2017 ; (2) if the appeal is reinstated, appellant’s brief is due thirty days from the

date of reinstatement; and (3) all other appellate deadlines are held in abeyance pending further

order of this court.

_________________________________ Sandee Bryan Marion, Chief JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 2nd day of March, 2017

.

___________________________________ Keith E. Hottle

Clerk of Court
Exhibit 10



Exhibit 10.01



SWANK, INC.

90 PARK AVENUE

NEW YORK, NEW YORK 10017





                                                                                                    March 9, 2005



Mr. Eric P. Luft

15 Fenimore Lane

Huntington, New York 11743



Dear Mr. Luft:



       We refer to the Amended and Restated Employment Agreement dated December 18, 2003 between Swank, Inc. ("Swank") and you (as amended to date, the "Agreement").  Capitalized terms used but not defined in this letter have the meanings assigned to those terms in the Agreement.



       This will confirm our agreement that, notwithstanding the provisions of the Agreement, (a) the last day of the present Employment Term shall be September 30, 2005, and the notice that may be given by either you or Swank under Section 1 of the Agreement that the present Employment Term shall not be extended may be given by either Swank or you on or prior to September 14, 2005, (b) in the event that neither you nor Swank notify the other that the Employment Term shall not be extended, the Employment Term shall be extended until June 30, 2006, and thereafter, further extensions and notices that the Employment Term shall not be extended, as the case may be, shall be in accordance with the terms of the Agreement, and (c) in the event you shall provide notice on or prior to September 14, 2005 that the present Employment Term shall not be so extended, (i) Swank shall pay to you, provided you shall not at any time be in violation of paragraph 6, a severance payment, payable in installments in accordance with Swank's regular pay intervals for its executive officers, equal to $68,000, less all required deductions and withholdings, and (ii) the provisions of Section 6(a) shall be applicable for a period of three (3) months (through December 31, 2005).  



       Except as provided above, the Agreement shall remain in full force and effect in accordance with its terms.



       Kindly confirm your agreement to the foregoing by signing this letter below and returning a copy to Swank.  



	 	
Very truly yours,

	 	 
	 	
SWANK, INC.

	 	 
	 	
/s/ John Tulin

	
	
	

	 	
By:
	
John Tulin, President






	
Agreed:
	 
	 	 
	 	 
	
/s/ Eric P. Luft
	 
	
	
	

	
Eric P. Luft
EXHIBIT 32.5

Certification Pursuant to Section 1350 of
Chapter 63 of Title 18
of the United States Code

I,
Thomas M. OFlynn, Chief Financial Officer of Public Service Electric and Gas
Company, to the best of my knowledge, certify that (i) the Quarterly Report of
Public Service Electric and Gas Company on Form 10-Q for the period ended
September 30, 2008 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of Public Service Electric
and Gas Company.

| |                                         
| | ----------------------------------------
| | /s/ Thomas
 M. OFlynn                  
| |                                         
| | Thomas M. OFlynn                       
| | Public
 Service Electric and Gas Company
| | Chief Financial
 Officer                
| | October 31,
 2008                       

---
Exhibit 32

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 on Form 10-Q of Plymouth
Rubber Company, Inc. (the "Company") for the quarter ended August 29,
2003, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), each of the undersigned Maurice J. Hamilburg,
President and Co-Chief Operating Officer, Joseph D. Hamilburg,
Chairman and Co-Chief Operating Officer and Joseph J. Berns, Vice
President of Finance and Treasurer and Chief Financial Officer of the
Company, certifies, to the best knowledge and belief of the Signatory,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section
13(a) of 15(d) of the Securities and 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.



/s/  Maurice J. Hamilburg
President and Co-Chief Executive Officer

Date: 10/14/03



/s/  Joseph J. Hamilburg
Chairman and Co-Chief Executive Officer

Date: 10/14/03



/s/  Joseph J. Berns
Vice President of Finance and Treasurer and
Chief Financial Officer

Date: 10/14/03
EX-10.41



 






Exhibit 10.41




Fourth Extension Agreement




     This Fourth Extension Agreement is dated December 14, 2004 between Tollgrade
Communications, Inc., having an address at 493 Nixon Road, Cheswick, PA 15024 (“Tollgrade”) and
Dictaphone Corporation, acting through its Electronic Manufacturing Services Division, with an
address at 3900 W. Sarno Rd., Melbourne, FL 32934 (“Dictaphone”).



     WHEREAS, Tollgrade (as successor in interest to Acterna Corporation) and Dictaphone are
parties to a Supply Agreement dated July 25, 2002, which sets forth the terms pursuant to which
Dictaphone manufactures and supplies to Tollgrade, and Tollgrade purchases from Dictaphone, certain
products (the “Supply Agreement”);



     WHEREAS, the Supply Agreement was initially scheduled to expire on July 24, 2004, and has been
successively extended through December 31, 2004;



     WHEREAS, Tollgrade and Dictaphone desire to replace the Supply Agreement with a new supply
agreement, but have not yet completed negotiations with respect to such new supply agreement; and



     WHEREAS, Tollgrade and Dictaphone desire to further extend the term of the Supply Agreement
through March 31, 2005 or until a new supply agreement is executed, if sooner;



     NOW THEREFORE, in consideration of the premises contained herein and for other good and
valuable consideration, the parties agree as follows:



     1. Extension of Supply Agreement. The parties hereby agree that the Supply Agreement
is hereby extended through March 31, 2005 or until such time as the parties execute a new supply
agreement, if sooner.



     2. Miscellaneous. Except as extended hereby, the provisions of the Supply Agreement
shall remain in full force and effect. This Fourth Extension Agreement will be governed in all
respects by the laws of the Commonwealth of Pennsylvania without reference to any choice of law
provisions. This Fourth Extension Agreement may be executed in any number of counterparts and by
the different parties hereto on separate counterparts, each of which, when so executed, shall be
deemed an original, but all such counterparts shall constitute but one and the same instrument.



     IN WITNESS WHEREOF, the parties have hereunto set their hands the date first above written.



	 	 	 	 	 	 	 	 	 
	TOLLGRADE COMMUNICATIONS, INC.	 	 	 	DICTAPHONE CORPORATION
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ Jennifer M. Reinke
	 	 	 	By:
	 	/s/ James Davis
	

	 	 
	 	 	 	 	 	 
	Name: Jennifer M. Reinke	 	 	 	Name: James Davis
	Title: Asst. Secretary	 	 	 	Title: Sr. VP, Operations