alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ALD
- 260 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 17

- 1569

___________ UNITED STATES OF AMERICA

v. GREGORY J. PODLUCKY,

Appellant

____________________________________ On Appeal from the United Stat es District Court for the Western District of Pennsylvania (D.C. Criminal Nos. 2:09

- cr - 000278

- 001, 2:09

- cr - 000279

- 001,

and 2:11

- cr - 00037

- 001) District Judge: Honorable Alan N. Bloch

____________________________________ Submitted for Possible Summary Acti on Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

May 25, 2017 Before: MCKEE, JORDAN and RESTREPO, Circuit Judges

(Opinion filed : June 7, 2017 )

_________ OPINION *

_________ PER CURIAM

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.2

In October 2011, after he pleaded guilty to tax evasion and other federal crimes, Gregory J. Podlucky was sentenced to 20 years of imprisonment. In February 2017, Podlucky filed a motion arguing that he never received a downward adjustment under U.S.S.G. § 3E1.1(a) (“If the defendant clearly demonstrates acceptance of responsib ility for his offense, decrease the offense level by 2 levels.”). The premise of the motion was factually false. Cf. DC Crim. No. 2:09

- cr - 000278

- 001, ECF 36 at ¶¶ 6, 32, 55

- 59 (Final PSI Report); ECF 43 (order adopting the PSI except as to loss amount). And the motion was otherwise without merit because Podlucky’s plea agreement capped his maximum sentencing exposure well below any potentially applicable Guidelines range. See ECF 44 at 7 (Podlucky: “the advisory range should not be considered (because o f the 20 year cap)”). Essentially for those reasons, the District Court denied Podlucky’s motion. This appeal followed. We will summarily affirm the order of the District Court because Podlucky’s motion was procedurally improper and the appeal presents no substantial question. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6. 1

1 A motion under 28 U.S.C. § 2255 is the exclusive means to collatera lly attack a federal conviction or sentence. Podlucky, as part of his plea agreement, waived his right to file either a direct appeal or a motion under § 2255. Podlucky’s past efforts to do what his plea agreement says he may not all have failed. See, e .g. , CA No. 15

- 1501 (order entered Aug. 14, 2015); CA Nos. 11

- 4087, 11

- 4088 & 11

- 4089 (order entered May 24, 2012). Here, the District Court was without authority to entertain the merits of Podlucky’s motion to alter his sentence not just because of the c ollateral attack waiver, but also because of the restrictions on successive § 2255 motions. See 28 U.S.C. § 2255(h).
Exhibit 31.2
 CERTIFICATIONS
  1.
    
    I have reviewed this quarterly report on Form 10-Q of DCB Financial Corp.;
 2.
    
    Based on my knowledge, this 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 report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;
 4.
    
    The registrants other certifying officer 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)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f) for the registrant and have:
     5.
    
    The registrants other certifying officer 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:   May 12, 2008
    /s/ John A. UstaszewskiJohn A. UstaszewskiTitle:
    Senior Vice President and

Chief Financial Officer 27
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Civil Action No. 11-cv-02661-MSK-KMT

UNITED STATES OF AMERICA,

Plaintiff,

v.

CHRISTI SANDERS,

Defendant.

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN

EVIDENTIARY HEARINGS AND TRIALS

IT IS ORDERED that, as to any exhibits and depositions used during evidentiary

hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and

depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60

days beyond the later of the time to appeal or conclusion of any appellate proceedings. The

Court will retain its copy of the exhibits for the same time period after which the documents will

be destroyed.

DATED this 27th day of October, 2011.

BY THE COURT:

Marcia S. Krieger

United States District Judge

Case 1:11-cv-02661-MSK-KMT Document 3 Filed 10/27/11 USDC Colorado Page 1 of 1
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Newport News Shipbuilding Inc. Balance Sheet as of June 21, 1998, and the
related Statement of Earnings for the six months ended June 21, 1998
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-21-1998
<CASH>                                               4
<SECURITIES>                                         0
<RECEIVABLES>                                      124
<ALLOWANCES>                                         0
<INVENTORY>                                         65
<CURRENT-ASSETS>                                   501
<PP&E>                                           1,617
<DEPRECIATION>                                     844
<TOTAL-ASSETS>                                   1,499
<CURRENT-LIABILITIES>                              355
<BONDS>                                            400
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         204
<TOTAL-LIABILITY-AND-EQUITY>                     1,499
<SALES>                                            863
<TOTAL-REVENUES>                                   863
<CGS>                                              781
<TOTAL-COSTS>                                      781
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  27
<INCOME-PRETAX>                                     55
<INCOME-TAX>                                        23
<INCOME-CONTINUING>                                 32
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        32
<EPS-PRIMARY>                                      .92
<EPS-DILUTED>                                      .89
        


</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02593-RPM

MARIA SALAZAR,

Plaintiff,

v.

HEALTHONE OF DENVER, INC.,

Defendant.

____________________________________________________________________________________

 ORDER FOR FILING AMENDED COMPLAINT 

____________________________________________________________________________________

On May 3, 2012, the defendant filed a motion to dismiss under Fed.R.Civ. P. 12(b)(6) for the

insufficiency of the complaint to allege facts to support the claims made [12]. The plaintiff responded

and filed a motion to allow amended complaint, on May 24, 2012, tendering the proposed amended

pleading. It is now

ORDERED that the motion to allow amended complaint is granted , the Amended Complaint [14-

2] is filed and the defendant’s motion to dismiss the original complaint is moot.

DATED: May 25th , 2012

BY THE COURT :

s/ Richard P. Matsch

________________________________

Richard P. Matsch, Senior District Judge

Case 1:11-cv-02593-RPM Document 15 Filed 05/25/12 USDC Colorado Page 1 of 1
**Exhibit 31.1**

 

#### **Certifications: Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Keith C. Robbins, certify that:

 

1. I have reviewed this annual report on Form10-K of Community Valley Bancorp;

 

2. Based on my knowledge, this annual reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this annual report;

 

3. Based on my knowledge, the financialstatements, and other financial information included in this annual report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periodspresented in this annual report;

 

4. The registrant’s other certifying officerand I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrantand have:

 

a) designed such disclosure controls andprocedures to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this annual report isbeing prepared;

 

b) evaluated the effectiveness of theregistrant’s disclosure controls and procedures as of a date within 90 daysprior to the filing date of this annual report (the “Evaluation Date”); and

 

c) presented in this annual report ourconclusions about the effectiveness of the disclosure controls and proceduresbased on our evaluation as of the Evaluation Date;

 

5. The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation, to the registrant’sauditors and the audit committee of registrant’s board of directors (or personsperforming the equivalent functions):

 

a) all significant deficiencies in the designor operation of internal controls which could adversely affect the registrant’sability to record, process, summarize and report financial data and haveidentified for the registrant’s auditors any material weaknesses in internalcontrols; and

 

b) any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal controls; and

 

6. The registrant’s other certifying officerand I have indicated in this annual report whether there were significantchanges in internal controls or in other factors that could significantlyaffect internal controls subsequent to the date of our most recent evaluation,including any corrective actions with regard to significant deficiencies andmaterial weaknesses.

 
| Date: March 24, 2004 | By:                                                   | /s/ Keith C. Robbins |   |
|----------------------|-------------------------------------------------------|----------------------|--------|
|                 |                                                  |                 |   |
|                 | Keith C. Robbins,  President, Chief Executive Officer |

 

----
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 Florida Community Banks, Inc.'s ("Company") Annual Report on
Form 10-K for the period ended December 31, 2007 ("Report"), as filed with the
Securities and Exchange Commission on the date hereof (the "Report") and to
which this certification is furnished as an exhibit, I, Stephen L. Price, the
Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. 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) 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:
            March
      17, 2008
            By:
            /s/  Stephen L.
    PriceStephen
      L. Price, President and Chief Executive Officer





A signed
original of this written statement required by Section 906 has been provided to
Florida Community Banks, Inc. and will be retained by Florida Community Banks,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
EXHIBIT 12
 CAPSTEAD MORTGAGE CORPORATION
COMPUTATION OF RATIO OF INCOME FROM CONTINUING OPERATIONS (BEFORE
FIXED CHARGES) TO COMBINED FIXED CHARGES AND PREFERRED STOCK
DIVIDENDS
(In thousands, except ratios)
(Unaudited)
  Nine MonthsEndedSeptember 30,
    
    
    Year Ended December 31,2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003Fixed charges
    
    $
    190,917
    
    
    $
    275,648
    
    
    $
    235,521
    
    
    $
    106,909
    
    
    $
    44,939
    
    
    $
    58,924Preferred stock dividends
    
    
    15,189
    
    
    
    20,256
    
    
    
    20,256
    
    
    
    20,256
    
    
    
    20,259
    
    
    
    20,273Combined fixed charges and
preferred stock dividends
    
    $
    206,106
    
    
    $
    295,904
    
    
    $
    255,777
    
    
    $
    127,165
    
    
    $
    65,198
    
    
    $
    79,197Fixed charges
    
    $
    190,917
    
    
    $
    275,648
    
    
    $
    235,521
    
    
    $
    106,909
    
    
    $
    44,939
    
    
    $
    58,924Income from continuing
operations
    
    
    101,621
    
    
    
    24,713
    
    
    
    3,843
    
    
    
    17,195
    
    
    
    39,869
    
    
    
    58,666$
    292,538
    
    
    $
    300,361
    
    
    $
    239,364
    
    
    $
    124,104
    
    
    $
    84,808
    
    
    $
    117,590Ratio of income from
continuing
operations (before fixed
charges) to combined fixed
charges and preferred
stock dividends
    
    
    1.42:1
    
    
    
    1.02:1
    
    
    
    
    
    
    
    
    
    
    
    1.30:1
    
    
    
    1.48:1Deficiency of income from
continuing operations
(before fixed charges) to
combined fixed charges and
preferred stock dividends
    
    
    
    
    
    
    
    
    
    $
    16,413
    
    
    $
    3,061
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. BRADLEY COMP, Petitioner : : : : : : : : : : : No. 509 MAL 2014 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 30th day of December, 2014, the Petition for Allowance of Appeal is DENIED
.
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 Quarterly Report of North Pittsburgh Systems, Inc. (the Company) on Form 10-Q for the period ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, A. P. Kimble,
Senior Vice President and Chief Financial and Accounting 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, that:

(1) The Report fully complies with the requirements of Sections 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: May 10, 2006



/s/    A. P. KimbleA. P. KimbleSenior Vice President andChief Financial and Accounting Officer


A signed original of this written statement required by Section 906 has been provided to North
Pittsburgh Systems, Inc. and will be retained by North Pittsburgh Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
WAIVER OF BENEFITS


 


This Waiver of Benefits (this “Waiver”)
is entered into as of the 30th day of December, 2013, by and among First Reliance Bancshares, Inc., a South Carolina corporation
(the “Company”), First Reliance Bank, a bank chartered under South Carolina law and a wholly owned subsidiary
of the Corporation (the “Bank” and together with the Company, the “Employer”),
and Jeff Paolucci. (the “Executive”).


 


WHEREAS, the Employer and the Executive
entered into that certain Employment Agreement, dated as of 11/24/2006, attached hereto as Exhibit A (the “Employment
Agreement”);


 


WHEREAS, pursuant to Section 2.2(a)
of the Employment Agreement, the Employer agreed to pay or cause to be paid the Executive’s initiation and membership assessments
and dues in a country club of the Executive’s choice (the “Benefits”); and


 


WHEREAS, the Employer desires to
cease providing initiation and membership assessments and dues in country clubs to its employees and any reinstatement of this
benefit is at the discretion of the Chief Executive Officer. The Executive voluntarily agrees to waive and relinquish the right
to continue to receive the Benefits under Section 2.2(a) of the Employment Agreement.


 


NOW, THEREFORE, for and in consideration
of the promises, and the mutual covenants and agreements contained in the Employment Agreement, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:


 


1.The Executive hereby voluntarily waives and relinquishes
the right to continue to receive the Benefits set forth under Section 2.2(a) of the Employment Agreement and hereby waives and
relinquishes the right to assert any and all claims relating to the Benefits.


 


2.Except
as provided in Section 1, above, the Employment Agreement shall remain in full force and effect.


 


3.This
Waiver may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together
shall constitute one instrument binding on the parties, notwithstanding that both parties are not signatories to the original
or the same counterpart. This Waiver shall be binding upon and shall inure to the benefit of the parties hereto and their respective
successors and assigns.


 


4.This
Waiver shall be governed by and construed, interpreted and enforced in accordance with the laws of the State of South Carolina,
notwithstanding its conflicts of laws, principles or any other rule, regulation or principle that would result in the application
of another state’s laws. 


 


IN WITNESS WHEREOF, each party has
caused this Waiver to be executed as of the date first set forth above.


 


	EXECUTIVE	 	FIRST RELIANCE BANCSHARES, INC.
	 	 	 	 
	/s/ Jeffrey A. Paolucci	 	/s/ F. R. Saunders, Jr
	 	 	By: 	F. R. Saunders, Jr
	 	 	Its:	President & CEO
	 	 	 	 
	 	 	FIRST RELIANCE BANK
	 	 	 	 
	 	 	/s/ F. R. Saunders, Jr
	 	 	By: 	F. R. Saunders, Jr
	 	 	Its:	President & CEO





 






    	 



    	 



    

 


Exhibit A


 


Employment Agreement


(Omitted)
<PAGE>

                                                                     Exhibit 5.1


April 7, 2000


Board of Directors
Southwest Securities Group, Inc.
1201 Elm Street, Suite 3500
Dallas, Texas 75270

     Re:   Southwest Securities Deferred Compensation Plan

Gentlemen:

We have acted as counsel for Southwest Securities Group, Inc., a Delaware
corporation (the "Company"), in connection with the registration on Form S-8
(the "Registration Statement") of (i) $17,950,000 of the Company's deferred
compensation obligations (the "Obligations"), which are issuable under the
Southwest Securities Deferred Compensation Plan, as effective July 1, 1999 (the
"Plan"), and (ii) 400,000 shares of Common Stock, $.10 par value, of the Company
which may be purchased in the market and delivered from time to time under the
Plan.

With respect to the foregoing, we have examined such documents and questions of
law as we have deemed necessary to render the opinion expressed below. Based
upon the foregoing, we are of the opinion that:

(1)  the Company has been duly incorporated and is validly existing under the
     laws of the State of Delaware; and

(2)  the Obligations have been duly authorized and, when issued in accordance
     with the terms of the Plan and conditions set forth in the Plan, will be
     validly issued.

We consent to the use of this opinion as Exhibit 5.1 to the Registration
Statement.

This opinion is as of the date hereof, and we undertake no obligation, and
expressly disclaim any obligation, to advise you of any change in the matters
set forth herein. Please note that the opinions expressed herein relate only to
the matters specifically set forth, and no opinion is implied or should be
inferred as to any other matters.

                                   Very truly yours,

                                   GARDERE & WYNNE, L.L.P.



                                   By:   /s/ David G. McLane
                                       ------------------------------
                                         David G. McLane, Partner