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### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,
v. No. 01-4984



#  C IAABATTINO R APHAEL M C S HAN , a/k/a Mark Harrell,

Defendant-Appellant. 

# 
Appeal from the United States District Court for the Southern District of West Virginia, at Huntington.

Robert C. Chambers, District Judge.

(CR-00-111) Submitted: June 19, 2002 Decided: July 15, 2002 Before LUTTIG, WILLIAMS, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL Jacqueline A. Hallinan, HALLINAN LAW OFFICE, Charleston, West Virginia, for Appellant. Kasey Warner, United States Attorney, Lisa A. Green, Assistant United States Attorney, Charleston, West Virginia, for Appellee.Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

OPINION
PER CURIAM:Ciabattino Raphael McShan, a.k.a. Mark Harrell, appeals his conviction and 160 month sentence for conspiring to distribute more than fifty grams of cocaine base, in violation of 21 U.S.C.A. § 846 (West 1999 & Supp. 2001), and aiding and abetting possession with intent to distribute more than five grams of cocaine base, in violation of 18 U.S.C. § 2 (1994), 21 § 841(a)(1) (West 1999 & Supp. 2001).* On appeal, McShan argues the district court erred in disallowing his expert psychologist from testifying on her opinions as to whether McShan suffered from a diminished capacity to form the intent required to establish his guilt (the "diminished capacity issue"). We review this claim for abuse of discretion. United States v. Johnson , 219 F.3d 349, 358 (4th Cir. 2000); United States v. Moore , 27 F.3d 969, 974 (4th Cir. 1994). McShan’s psychologist did not address the diminished capacity issue in her written report on McShan, and McShan makes no claimto have provided the Government with any other summary of the psychologist’s opinions, the bases and reasons for those opinions, and the psychologist’s qualifications in response to his Fed. R. Crim. P. 16(b)(1)(C) disclosure obligations. Nor does McShan argue that Rule 16 does not apply to him in the instant case. His failure to address the diminished capacity issue in his disclosure to the government is fatal to his appeal. We hold that appellant was not in compliance with the disclosure requirements of Fed. R. Crim. P. 16(b)(1)(C) and that the district court did not err in excluding testimony from the psychologist on the diminished capacity issue. *According to McShan, the record and the Government misspell his first name as "Ciaabattino," and the correct version is "Ciabattino." 2 U NITED S TATES v. M C S HANAccordingly, we affirm McShan’s conviction and sentence. We dispense with oral argument because the facts and legal contentionsare adequately presented in the materials before the court and argument would not significantly aid the decisional process.
AFFIRMED 3 U NITED S TATES v. M C S HAN
584 A.2d 212

#### STATE OF NEW JERSEY v. JOAN PAZIORA.

May 7, 1990.

Petition for certification denied.
Exhibit








EXHIBIT 10.2
Ryan Schram
Chief Operating Officer
IZEA Worldwide, Inc.
480 N. Orlando Ave., Ste. 200
Winter Park, FL. 32789




April 20, 2020


Dear Ryan,


This memorandum shall reflect the understanding between you (the “Executive”) and IZEA Worldwide, Inc. (the “Corporation”) to make certain temporary modifications to your Employment Agreement (dated effective January 1, 2015) and to waive enforcement of any provisions in your Employment Agreement that would contradict the terms reflected below. However, all other terms and conditions of your Employment Agreement remain unchanged. Executive consents and agrees to this Modification and represents that the reduction in salary is not a breach of the Employment Agreement. 


As part of temporary salary and wage reductions being implemented with regard to employees of the Corporation, in light of the adverse economic conditions caused by the COVID-19 pandemic, the Executive agrees to a 21% reduction in base salary from $270,280 per year to $213,521.20 per year. This salary reduction, approved by the Corporation’s Compensation Committee on April 20, 2020, are effective as of April 6, 2020 until the earlier of December 31, 2020 or until the Corporation restores normal payroll rates to the majority of its employees. No other compensation, bonuses, or benefits (such as those in Schedules A and B) are affected by this change. Further, this change does not affect salary earned prior to April 6, 2020. 




For the Corporation:                        For the Executive:
By:    /s/ LeAnn Hitchcock                          By:    /s/ Ryan Schram     
LeAnn Hitchcock                        Ryan Schram
Chief Financial Officer                    Chief Operating Officer
IZEA Worldwide, Inc.                     IZEA Worldwide, Inc
DRAFT

 

 

 

 

 

 

 

OMB No. XXX-XXXX, Exp. MM/DD/YYYY 

Privacy Act Statement 

AUTHORITY: MSPB may hear appeals of Federal agency actions only when it has been authorized 

to do so by law, rule, or regulation. 5 U.S.C. § 7701(a); 5 U.S.C. § 1204. 

PRINCIPAL PURPOSE(S): This information is being collected for the primary purposes of 

adjudicating the appeals and matters described above, rendering MSPB decisions in these matters, 

and enabling case parties to have access to MSPB’s electronic filing system. Additionally, some 

information about the appeal or case is used in depersonalized form for statistical purposes. 

ROUTINE USE(S): The information on this form may be shared outside of MSPB as generally 

permitted under 5 U.S.C. § 552a(b) of the Privacy Act of 1974, as amended. This includes sharing 

the information as necessary and authorized by routine uses published in MSPB/GOVT – 1 Appeals 

and Case Records, 77 Fed. Reg. 65206 (Oct. 25, 2012), and upon written request, by agreement, or 

as required by law. MSPB decisions are available to the public under the provisions of the Freedom 

of Information Act (FOIA), 5 U.S.C. § 552, and are posted to MSPB’s public website. Other 

documents from individual appeal and case files may also be made available as required by FOIA. 

DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide 

the information requested may delay or prevent the proper docketing of a matter and/or, the 

adjudication of a matter, which could result in the dismissal or delay of your appeal or matter, and/or 

prevent access to MSPB’s e-Appeal system. 

Paperwork Burden Disclosure Notice 

Public reporting burden for this data collection is estimated to vary from 60 and 120 minutes, with an 

average of 90 minutes per response. The burden estimate includes the time for reviewing 

instructions, searching existing data sources, gathering and maintaining the data needed, and 

completing and submitting this form. You are not required to respond to this collection of 

information unless a valid Office of Management and Budget (OMB) control number is displayed on 

this form. Send comments regarding the burden estimate or any other aspect of the collection of 

information, including suggestions for reducing this burden, to Office of the Clerk of the Board, Merit 

Systems Protection Board, 1615 M Street, NW, Washington, DC 20419; by fax to 202-653-7130; or 

by email to mspb@mspb.gov. 

MSPB Form 185, Page 2 (XX/XX), 5 C.F.R. parts 1201, 1208, and 1209
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 15-3424

___________________________

Ronald K. Jordan

lllllllllllllllllllll Plaintiff - Appellant

v.

Brian D. Hall, Correctional Officer, PCC, Individually; Joey Arcand, Caseworker,

PCC, Individually

lllllllllllllllllllll Defendants - Appellees

PaulJohnson,Caseworker,PCC,Individually;CliffordOwens,FUM,PCC,Individually

lllllllllllllllllllll Defendants

____________

Appeal from United States District Court 

for the Eastern District of Missouri - St. Louis

____________

 Submitted: June 1, 2017

Filed: June 6, 2017 

[Unpublished]

____________

Before GRUENDER, ARNOLD, and KELLY, Circuit Judges. 

____________

PER CURIAM.
Missouri inmate Ronald K. Jordan appeals following final judgment in his 42

U.S.C. § 1983 action. Mr. Jordan challenges the district court’s grant of summary 1

judgment to defendant Joey Arcand; the verdict in favor of defendant Brian D. Hall

after a bench trial; and several pre-trial and post-trial orders. We agree with the

district court that there were no jury issues on Mr. Jordan’s due process claim against

Mr. Arcand. See Mason v. Corr. Med. Servs., Inc., 559 F.3d 880, 884-85 (8th Cir.

2009) (reviewing de novo grant ofsummary judgment, viewing evidence and drawing

all reasonable inferences in favor of non-moving party). Further, we find no clear

error in the district court’s finding that Mr. Jordan did not show that Mr. Hall--in

conducting searches of, and confiscating items from, Mr. Jordan’s person or cell--was

acting in retaliation for Mr. Jordan’s engagement in protected activity. See Kaplan

v. Mayo Clinic, 847 F.3d 988, 991 (8th Cir. 2017) (following bench trial, this court

reviews de novo legal conclusions, and for clear error factual findings); Wright v. St.

Vincent Health Sys., 730 F.3d 732, 739 (8th Cir. 2013) (district court’s credibility

findings in bench trial, like jury’s credibility findings in jury trial, are virtually

unassailable on appeal); Nelson v. Shuffman, 603 F.3d 439, 449-50 (8th Cir. 2010)

(elements of retaliation claim). Finally, as to Mr. Jordan’s remaining challenges to

district court orders, they provide no basis for reversal. The judgment of the district

court is affirmed. See 8th Cir. R. 47B 

______________________________

The Honorable Jean C. Hamilton, United States DistrictJudge for the Eastern 1

District of Missouri.

-2-
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
SEPTEMBER 30, 1997 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH (B) FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         770,203
<SECURITIES>                                         0
<RECEIVABLES>                                  833,970
<ALLOWANCES>                                         0
<INVENTORY>                                    100,871
<CURRENT-ASSETS>                             1,868,887
<PP&E>                                       1,094,292
<DEPRECIATION>                                 479,433
<TOTAL-ASSETS>                               3,161,974
<CURRENT-LIABILITIES>                          749,253
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       208,264
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 3,161,974
<SALES>                                      1,928,212
<TOTAL-REVENUES>                             1,928,212
<CGS>                                          223,502
<TOTAL-COSTS>                                4,552,425
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,647
<INCOME-PRETAX>                            (2,820,025)
<INCOME-TAX>                                  (39,252)
<INCOME-CONTINUING>                        (2,859,277)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,859,277)
<EPS-PRIMARY>                                    (.14)
<EPS-DILUTED>                                    (.13)
        

</TABLE>
Exhibit 4.16


 





Spousal Consent


 


The undersigned, Li
Nan (ID card No. ***), is the lawful spouse of Li Jianguang (ID card No. ***). I hereby unconditionally and irrevocably agree to
the execution of the following documents (hereinafter referred to as the “Transaction Documents”) by Li Jianguang
on July, 5th, 2016, and the disposal of the equity interests of Beijing Tarena Jinqiao Technology Co., Ltd. (“Beijing
Tarena”) held by Li Jianguang and registered in his name according to the following documents:


 


		(1)	Second Amended and Restated Equity Interest Pledge Agreement entered into between Tarena Technologies
Group Inc. (hereinafter referred to as the “WFOE”) and Beijing Tarena;



 


		(2)	Second Amended and Restated Exclusive Option Agreement entered into between the WFOE, Beijing Tarena
and Tarena International Inc.;



 


		(3)	Power of Attorney executed by Li Jianguang;



 


		(4)	Second Amended and Restated Loan Agreement entered into with WFOE.



 


I hereby undertake
not to make any assertions in connection with the equity interests of Beijing Tarena which are held by Li Jianguang. I hereby further
confirm that Li Jianguang can perform the Transaction Documents and further amend or terminate the Transaction Documents absent
authorization or consent from me.


 


I hereby undertake
to execute all necessary documents and take all necessary actions to ensure appropriate performance of the Transaction Documents
(as amended form time to time).


 


I hereby agree and
undertake that if I obtain any equity interests of Beijing Tarena which are held by Li Jianguang for any reasons, I shall be bound
by the Transaction Documents and the Amended and Restated Exclusive Business Cooperation Agreement entered into between the WFOE
and Beijing Tarena as of November 25, 2013 (“Exclusive Business Cooperation Agreement”) (as amended from time
to time) and comply with the obligations thereunder as a shareholder of Beijing Tarena. For this purpose, upon the WFOE’s
request, I shall sign a series of written documents in substantially the same format and content as the Transaction Documents and
Exclusive Business Cooperation Agreement (as amended from time to time).


 


	 	 
	/s/ Li Nan	 


 


Date: July 5, 2016
EXHIBIT 35.1








ANNUAL SERVICER COMPLIANCE STATEMENT PURSUANT TO ITEM 1123 OF REGULATION AB





CARMAX BUSINESS SERVICES, LLC








The undersigned, a duly authorized officer of CarMax Business Services, LLC, as Servicer pursuant to Section 3.10 of the Sale and Servicing Agreement dated as of August 1, 2014 (the "Sale and Servicing Agreement") among CarMax Auto Owner Trust 2014-3, as Issuer (the "Issuer"), CarMax Auto Funding LLC, as Depositor, and CarMax Business Services, LLC, as Servicer (the "Servicer"), does hereby certify that:





|   |                                                                                                              
|-- | -------------------------------------------------------------------------------------------------------------
|1. | CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement.




|   |                                                                                      
|-- | -------------------------------------------------------------------------------------
|2. | The undersigned is duly authorized to execute and deliver this Officer's Certificate.




|   |                                                                                                                                                                                                                                                                                                                                                                                                                          
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|3. | A review of the activities of the Servicer during the period beginning onMarch 1, 2017and ending onFebruary 28, 2018and of the Servicer's performance under the Sale and Servicing Agreement was made under my supervision.  To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout such period.







Capitalized terms used in this certificate and not otherwise defined herein have the meanings assigned to them in the Sale and Servicing Agreement.





IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer, has duly executed this Officer's Certificate this 18th day of May, 2018 .





CARMAX BUSINESS SERVICES, LLC





/s/ Enrique Mayor-Mora


Enrique Mayor-Mora


Vice President and Treasurer
<PAGE>

                                                                Exhibit 32.1

                      CERTIFICATION OF PERIODIC REPORT
                      --------------------------------

I, Jeff S. Potter, president and chief executive officer of Frontier
Airlines, Inc. (the "Company"), certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1)      the quarterly report on Form 10-Q of the Company for the period
         ended December 31, 2005 (the "Report") fully complies with the
         requirements of Section 13(a) or 15(d) of the Securities Exchange
         Act of 1934 (15 U.S.C. 78m or 78o(d)); and

(2)      the information contained in the Report fairly presents, in all
         material respects, the financial condition and results of
         operations of the Company.

Dated: January 30, 2006                      /s/ Jeff S. Potter
                                          --------------------------------
                                          Jeff S. Potter
                                          President and CEO
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
DEOXTEXIS INC. FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED JUNE 30, 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-30-1998
<CASH>                                      $1,455,359
<SECURITIES>                                 1,911,754
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,439,208
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               3,439,208
<CURRENT-LIABILITIES>                          330,864
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,547
<OTHER-SE>                                   3,103,797
<TOTAL-LIABILITY-AND-EQUITY>                 3,108,344
<SALES>                                              0
<TOTAL-REVENUES>                                84,293
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               789,526
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (705,233)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (705,233)
<EPS-PRIMARY>                                    (.15)
<EPS-DILUTED>                                    (.15)
        

</TABLE>
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 Transportation

###### Federal Aviation Administration

          - [AC 187-1D]

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of availability.

# SUMMARY:

The Federal Aviation Administration (FAA) is announcing the availability of Advisory Circular (AC) 187-1D which transmits an updated schedule of charges for services of FAA Flight Standards Aviation Safety Inspectors outside the United States. The advisory circular has been updated in accordance with the procedures listed in 14 CFR part 187, Appendix A.

# DATES:

This AC is effective on October 1, 2010.

# ADDRESSES:

*How to obtain copies:*                         A copy of this publication may be downloaded from:                         *http://www.faa.gov/​documentLibrary/​media/​Advisory_​Circular/​AC%20187-1D.pdf.*

# FOR FURTHER INFORMATION CONTACT:

Ms. Tish Thompkins-Imafidon, Flight Standards Service, AFS-50, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591, telephone (202) 385-8097.

Issued in Washington, DC on September 29, 2010.

Raymond Towels,

Deputy Director, Flight Standards Service.

[FR Doc. 2010-26322 Filed 10-21-10; 8:45 am]

BILLING CODE 4910-13-P