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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6695

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTHONY STEVEN AUSTIN,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, District Judge. (CR-93-131)

Submitted: July 8, 1999 Decided: July 15, 1999

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Steven Austin, Appellant Pro Se. Michael Francis Joseph,

Assistant United States Attorney, Greensboro, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Anthony Steven Austin appeals the district court’s order denying his motion to reduce his sentence and his motion to re-open his

case. We have reviewed the record and the district court’s opinion

and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See United States v. Austin, No. CR93-131 (M.D.N.C. May 7, 1999). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED
<TABLE> <S> <C>




<ARTICLE>                                            9
<MULTIPLIER>                                      1000
       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              SEP-30-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                              2,862
<INT-BEARING-DEPOSITS>                                  0
<FED-FUNDS-SOLD>                                        0
<TRADING-ASSETS>                                        0
<INVESTMENTS-HELD-FOR-SALE>                         6,290
<INVESTMENTS-CARRYING>                              5,243
<INVESTMENTS-MARKET>                               11,524
<LOANS>                                           112,243
<ALLOWANCE>                                          (675)
<TOTAL-ASSETS>                                    129,601
<DEPOSITS>                                         96,284
<SHORT-TERM>                                       11,000
<LIABILITIES-OTHER>                                   839
<LONG-TERM>                                         3,000
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                              114
<OTHER-SE>                                         18,364
<TOTAL-LIABILITIES-AND-EQUITY>                    129,601
<INTEREST-LOAN>                                     2,218
<INTEREST-INVEST>                                     244
<INTEREST-OTHER>                                        0
<INTEREST-TOTAL>                                    2,462
<INTEREST-DEPOSIT>                                  1,053
<INTEREST-EXPENSE>                                  1,268
<INTEREST-INCOME-NET>                               1,194
<LOAN-LOSSES>                                          25
<SECURITIES-GAINS>                                      0
<EXPENSE-OTHER>                                       749
<INCOME-PRETAX>                                       575
<INCOME-PRE-EXTRAORDINARY>                              0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                          357
<EPS-PRIMARY>                                        0.33
<EPS-DILUTED>                                           0
<YIELD-ACTUAL>                                       7.93
<LOANS-NON>                                         1,160
<LOANS-PAST>                                            0
<LOANS-TROUBLED>                                        0
<LOANS-PROBLEM>                                         0
<ALLOWANCE-OPEN>                                      650
<CHARGE-OFFS>                                           0
<RECOVERIES>                                            0
<ALLOWANCE-CLOSE>                                     675
<ALLOWANCE-DOMESTIC>                                  675
<ALLOWANCE-FOREIGN>                                     0
<ALLOWANCE-UNALLOCATED>                               675
        


</TABLE>
585 A.2d 355

#### STEVEN M. HOUGHTALING v. COUNTY OF MIDDLESEX, MIDDLESEX COUNTY PROSECUTOR’S OFFICE, ET AL.

July 17, 1990.

Petition for certification denied.
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: DJ Christopher Lowe v. The State of Texas

Appellate case number: 01

- 14

- 00158

- CR

Trial court case number: 10

- DCR

- 055397

Trial court: 400th Judicial District Court of Fort Bend County

On June 2, 2015, this Court’s Order of Abatement abated this case for the trial court to hold a hearing unless a ppellant’s court

- appointed counsel , Mark W. Racer, file d

a motion to withdraw and Kelly notice, as required to accompany his Anders brief, within 10 days of the date of that Order with the Clerk of this Court. See Anders v. California

, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967); Kelly v. State , 436 S.W.3d 313, 319

– 20 (Tex. Crim. App. 2014) (requiring appointed counsel to provide notification to his client
of his motion to withdraw and Anders brief along with informing him, among other things, of his right to request a copy of the recor d to file a pro se response and providing
a form motion ). On June 4, 2015, counsel filed a cover letter, dated June 2, 2015, stating that he had sent a copy of the appellate records to appellant with the same cover letter
that he had sent to appellant, da ted November 20, 2014, and which was attached to the
end of his Anders brief. Although counsel’s November 20, 2014 letter to appellant stated
that a motion to withdraw was enclosed to the appellant and sent to this Court

, c ounsel has not, however, filed that motion to withdraw with th is Court

. Furthermore, counsel has also failed to comply with this Court’s Order of Abatement because he has

not filed a motion requesting that we withdraw that Order and reinstate this appeal.

Accordingly, we ORDER appellan t’s counsel, Mark W. Racer

, to file with the
Clerk of this Court a motion to withdraw , as well as a separate motion to reinstate this appeal, within 10 days of the date of this order

. See T EX

. R. A PP

. P . 6.5, 9.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes

 Acting individually

Date: June 25, 2015
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17A1331. DUNCAN v. STATE.

The Appellant’s enumeration of errors and brief was due in this Court on April

3, 2017. On April 6, 2017, this Court ordered the Appellant to file his brief and

enumeration of errors or to seek an extension of time for good cause shown no later

that April 17, 2017. Appellant did not comply. He did, however, move for leave to

file an out-of-time brief on May 9, 2017, contending that he did not receive electronic

notification that this case had been docketed.

Our email logs show that notice of docketing was electronically sent to and

received by Appellant’s counsel on March 13, 2017. Our logs also show that

electronic notice of the order to file was electronically sent and received on April 6,

2017. Moreover, our recordsshow that a Notice of Appearance filed by the Assistant

District Attorney, which displayed the appellate case number, was mailed to the

Appellant’s attorney at hisCovington, Georgia office’sstreet address on the same day

that this case was docketed in this Court. Because the appellant has not shown good

cause to file an out-of-time brief, the motion is hereby DENIED. Further, because the

appellant has not complied with the court’s order to timely file his brief and

enumeration of errors, this appeal is hereby DISMISSED.

The Clerk is directed to send a copy of this order to Duncan, as well as to his

attorney, John L. Strauss. Strauss is likewise directed to forward a copy of this order

to his client. Rowland v. State, 264 Ga. 872, 876 (2) (452 SE2d 756) (1995). Pursuant

to Reese v. State, 216 Ga. App. 773 (456 SE2d 271) (1995), Duncan is further

advised: As stated above, your appeal has been dismissed because your brief and

enumeration of errors was not timely filed. If you have decided that you no longer

May 17, 2017
wish to appeal, you need not do anything more. However, if you still wish to appeal,

you may have the right to an out-of-time appeal, but in order to obtain such, you must

request an out-of-time appeal in the trial court. If your motion for an out-of-time

appeal is granted, the trial court should appoint an attorney for you if you want an

attorney but cannot afford one. If your motion for out-of-time appeal is denied, you

may appeal the denial to this Court within 30 days of the trial court’s decision.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

05/17/2017
Exhibit
4.2

    


    First
Amendment to

    September
26, 2007 Superseding Note (Superseding May 11, 2007 Note)

    


    This
first amendment (“First Amendment”) to the September 26, 2007 Superseding Note
(“Note”) is made by and between ICC Worldwide, Inc. (formerly, Torbay Holdings,
Inc. and hereinafter referred to as “ICCWW”) and Nutmeg/Mercury LLLP
(“Nutmeg/Mercury”). Unless otherwise defined herein, all capitalized terms used
herein shall have the same meanings as ascribed to them in the
Note.

    


    The
parties agree to amend the Note effective immediately as follows:

    


    
      	
              1.  

            	
              The
      interest rate payable on the Note is hereby increased from 12.5% to 13.5%
      per year effective January 1, 2009.

            


    

    


    
      	
              2.  

            	
              In
      return, Nutmeg/Mercury agrees that:

            


    

    


    
      	
              a.  

            	
              the  Maturity
      Date of the Note is extended from May 11, 2009 to May 11,
      2010,

            


    

    
      	
              b.  

            	
              Nutmeg/Mercury
      waives any and all of its rights and options to convert the accrued
      interest and principal of the Note into the common stock of ICCWW,
      and

            


    

    
      	
              c.  

            	
              that
      the ICCWW warrants 2007-1 and 2007-2 to purchase a total of 7,500,000
      shares of the common stock of ICCWW are hereby cancelled and of no further
      force or effect and Nutmeg/Mercury shall promptly return to ICCWW for
      cancellation all certificates representing such
  warrants.

            


    

    


    3.    Except
as amended hereby, the Note shall remain in full force and effect.

    


    IN
WITNESS WHEREOF, the parties have duly executed this First Amendment to the Note
on December 31, 2008.

     

    
      
        
          
            
              	
                      /s/
      Richard K Lauer

                    
	
                      Richard
      K Lauer

                    
	
                      President
      and CEO

                    
	
                      ICC
      Worldwide, Inc.

                    
	 
      
	
                      /s/
      Randall S Goulding

                    
	
                      Randall
      S. Goulding

                    
	
                      Manager

                    
	
                      Nutmeg/Mercury
      LLLP
**Exhibit31.1**

 

**CERTIFICATION**

 

I,**Robert B. Goergen, Chairman and ChiefExecutive Officer of Blyth, Inc., certify that:

 

1.                  I have reviewed this quarterly report on Form10-Q/A of Blyth, Inc.;

 

2.                  Based on my knowledge, this report does notcontain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.                  Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.                  The registrant’s other certifying officer(s)and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(c) and 15d-l5(e)) for theregistrant and have:

 

(a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report isbeing prepared;

 

(b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

(c) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.                 The registrant’s other certifying officer(s)and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions);

 

(a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 
| Date:  August 4, 2004            |
|---------------------------------------|
|                                  |
|                                  |
| /s/  Robert B. Goergen                |   |
| Robert  B. Goergen                    |
| Chairman  and Chief Executive Officer |

 

----
**Exhibit 13.1**

 

CERTIFICATION OF CHIEFEXECUTIVE OFFICER UNDER SECTION 906 OF THE

SARBANES-OXLEY ACT

 

     Pursuantto 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Biondvax PharmaceuticalsLtd. (the “Company”) hereby certifies to such officer’s knowledge that:

 

     (i)    theaccompanying Annual Report on Form 20-F of the Company for the year ended December 31, 2015 (the “Report”) fully complieswith the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

     (ii)   theinformation contained in the Report fairly presents, in all material respects, the financial condition and results of operationsof the Company.

 

Dated: April 27, 2016

 

/s/ Ron Babecoff                                           

Dr. Ron Babecoff

Chief Executive Officer

 

The foregoing certificationis being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is not being filed for the purposes ofSection 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference to any filing of theCompany, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
585 A.2d 383

#### NEW JERSEY STATE AFL-CIO v. BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS AND SOMERSET COUNTY BOARD OF CHOSEN FREEHOLDERS AND BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS AND HUNTERDON COUNTY BOARD OF CHOSEN FREEHOLDERS AND BOROUGH OF ROSELAND.

September 24, 1990.

Petition for certification granted.
<TABLE>
<CAPTION>
                                   EXHIBIT 11

              Statement Regarding Computation of Per Share Earnings

              Three and Six Months Ended December 31, 1999 and 1998

                (Dollars in thousands, except per share amounts)


                                                       Three months ended           Six months ended
                                                           December 31,                December 31,
                                                    -------------------------   -------------------------
                                                        1999          1998         1999           1998
                                                    -----------   -----------   -----------   -----------

<S>                                                 <C>           <C>           <C>           <C>
Net income ......................................   $     3,323   $     2,818   $     6,405   $     5,669
                                                    ===========   ===========   ===========   ===========

Number of shares outstanding:
  Weighted average shares issued ................    11,900,000    11,900,000    11,899,686    11,900,000
  Less:  Weighted average shares held in treasury     3,145,498     2,786,240     3,105,858     2,697,326
  Less:  Average shares held by the ESOP ........       952,000       952,000       952,000       952,000
  Plus:  ESOP shares released or committed to be
           released during the fiscal year ......       439,596       346,338       427,520       335,100
                                                    -----------   -----------   -----------   -----------
         Average basic shares ...................     8,242,098     8,508,098     8,269,348     8,585,774
  Plus:  Average common stock equivalents .......       577,168       607,104       556,213       635,774
                                                    -----------   -----------   -----------   -----------
         Average diluted shares .................     8,819,266     9,115,202     8,825,561     9,221,548
                                                    ===========   ===========   ===========   ===========

Earnings per common share:
         Basic ..................................   $      0.40   $      0.33   $      0.77   $      0.66
                                                    ===========   ===========   ===========   ===========
         Diluted ................................   $      0.38   $      0.31   $      0.73   $      0.62
                                                    ===========   ===========   ===========   ===========
</TABLE>
Exhibit 32.1


                      TOTAL ENTERTAINMENT RESTAURANT CORP.
                      REPORT ON FORM 10-K DECEMBER 30, 2003

                 CERTIFICATION BY STEVEN M. JOHNSON PURSUANT TO
                  18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned, Chief Executive Officer of Total Entertainment Restaurant
Corp. (the "Company"), hereby certifies, to the best of my knowledge, that the
Form 10-K of the Company for the year ended December 30, 2003 (the "Annual
Report") accompanying this certification fully complies with the requirements of
the Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
or 78o(d)) and that the information contained in the Annual Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company. The foregoing certification is incorporated solely
for purposes of complying with the provisions of Section 906 of the
Sarbanes-Oxley Act and is not intended to be used for any other purpose.




     Date   March 29, 2004                   /s/ STEVEN M. JOHNSON
         ----------------------              -----------------------------------
                                             Steven M. Johnson
                                             Chief Executive Officer
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 819 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 819

  To amend the Internal Revenue Code of 1986 to prohibit aliens in an 
unlawful immigration status from claiming the earned income tax credit.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2017

    Mr. Collins of Georgia (for himself, Mr. Gohmert, Mr. Carter of 
 Georgia, Mr. Farenthold, Mr. Jody B. Hice of Georgia, Mr. Allen, and 
  Mr. Gaetz) introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to prohibit aliens in an 
unlawful immigration status from claiming the earned income tax credit.

    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 ``Tax Credit Accountability Act of 
2017''.

SEC. 2. DISALLOWING EARNED INCOME TAX CREDIT FOR ALIENS IN UNLAWFUL 
              IMMIGRATION STATUS.

    (a) In General.--Section 32(c)(1) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new subparagraph:
                    ``(G) Exception for aliens in unlawful immigration 
                status.--The term `eligible individual' does not 
                include any alien individual who, at any point during 
                the taxable year, is in an unlawful immigration 
                status.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to--
            (1) any return of tax which is filed after the date of the 
        enactment of this Act, and
            (2) any amendment or supplement (to any return of tax) 
        which is filed after such date (without regard to the date on 
        which the return of tax is filed).
                                 <all>
```