alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## NO. 12-09-00008-CV IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTRICT

TYLER, TEX AS

LAURA E

WASH BURN, § APPEAL F ROM THE 307TH APPELLANT V . § JUDICIAL DISTRI CT COURT OF CHAD N. WAS

HBURN, APP ELL EE § GR EG G C OU NTY, TE XAS MEMORA NDUM OPIN ION PER CU RIAM Appellant has f

iled a motion to dism iss this appea l beca use the pa

rties have enter ed into a mediated se ttlement agree ment. Be cause Appellant has me t the require ments o f T ex as Rule of Appellate Proc edure 42.1(a) (1), the motion is g rante d, and the a ppeal is dismissed. Opinion delivere d J anuar y 21, 2009. P an elconsi s t ed of

W ort hen, C. J. , G r i

f f i t h, J. , and H oyl e, J.

(PUBL I SH)
I

105TH CONGRESS

1ST SESSION H. R. 484

To amend the Fair Labor Standards Act of 1938 to permit State and

local government workers to perform volunteer services for their employer

or community organization or purpose without requiring the employer

to pay them compensation.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1997

Mrs. MYRICK (for herself and Mr. Porter) introduced the following bill; which

was referred to the Committee on Economic and Educational Opportunities

A BILL

To amend the Fair Labor Standards Act of 1938 to permit

State and local government workers to perform volunteer

services for their employer or community organization

or purpose without requiring the employer to pay them

compensation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. VOLUNTEER SERVICES.

4 Section 3(e) of the Fair Labor Standards Act of 1938

5 (29 U.S.C. 203(e)) is amended by adding at the end the

6 following:
2

•HR 484 IH

1 ‘‘(5) The term ‘employee’ does not include any indi2 vidual—

3 ‘‘(A) who is employed by a public agency which

4 is a State, political subdivision of a State, or an

5 interstate governmental agency, and

6 ‘‘(B) who, solely at the individual’s option, vol7 unteers to perform services for such public agency or

8 volunteers to perform services for a community orga9 nization or purpose,

10 if the individual receives no compensation for such volun11 teer services or is paid expenses, reasonable benefits, or

12 a nominal fee to perform such volunteer services. No pub13 lic agency employer may require (directly or indirectly) an

14 employee to volunteer to perform services for such public

15 agency or for a community organization or purpose.’’.

Æ
#### SHIRLEY FERR-ANDERSON, ET AL. v. PAUL W. BAKER, JR., M.D., ET AL.

May 30, 1989.

Petition for certification denied.
#### UNITED STATES of America, Appellee, v. Gloria MOORE, Defendant-Appellant.

No. 04-3363-CR.

United States Court of Appeals, Second Circuit.

Feb. 24, 2005.

Michael Y. Scudder, Jr., Assistant United States Attorney for the Southern, District of New York (David N. Kelley, United States Attorney, on the brief, and Peter G. Neiman), New York, NY, for Appellee, of counsel.

David A. Lewis, Legal Aid Society, New York, NY, for Defendant-Appellant.

Present: SOTOMAYOR, KATZMANN, Circuit Judges, and CEDARBAUM, *451District Judge.*

*

 Hon. Miriam Goldman Cedarbaum, United States District Judge for the Southern District of New York, sitting by designation.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case is hereby REMANDED to the District Court for further proceedings consistent with this order.

Following a guilty plea, defendant Gloria Moore was convicted of one count of bank embezzlement, in violation of 18 U.S.C. § 1344. Prior to being sentenced, defendant moved for a downward departure and argued, *inter alia,*that her acceptance of responsibility was extraordinary. The court denied defendant’s motion as a matter of law. Judge Kaplan explained, “For the benefit of the Court of Appeals, I am disposed to consider a downward departure if I have the authority to grant it, about which I am a[sie] skeptical, but maybe they won’t be so skeptical.” Defendant was accordingly sentenced to 5 months’ imprisonment followed by five years’ supervised release, and ordered to pay a $100 special assessment and restitution of $39,382. Defendant argues that the district court erroneously concluded that it did not have the authority in this case to depart downward for extraordinary acceptance of responsibility.

At oral argument, the government expressed the view that this case should be remanded in light of the Supreme Court’s decision in *United States v. Booker,*— U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and this Court’s decision in *United States v. Crosby,*397 F.3d 103 (2d Cir. 2005). We agree. Accordingly, we REMAND this case to the district court for further proceedings in conformity with *Crosby.*

We note that, in considering whether defendant exhibited an extraordinary degree of contrition, the district court may wish to consider whether the Employee Retirement Income Security Act (ERISA) would have precluded HSBC Bank, as defendant’s former employer, or the court, as the enforcer of the restitution order, from accessing defendant’s retirement funds.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 February 2, 2021

t0125

Order 

Clerk

February 2, 2021

159662

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 159662

COA: 339934

Wayne CC: 90-007914-FC

GERALD MERRELL,

Defendant-Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the April 2, 2019 judgment 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court.
Case 4:15-cr-01723-RCC-DTF Document 9 Filed 10/09/15 Page 1 of 3
Case 4:15-cr-01723-RCC-DTF Document 9 Filed 10/09/15 Page 2 of 3
Case 4:15-cr-01723-RCC-DTF Document 9 Filed 10/09/15 Page 3 of 3
<TABLE> <S> <C>


       
<CAPTION>
       

<ARTICLE>                     5
<LEGEND>
     ( THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
FERRELLGAS L.P., AND SUBSIDIARIES BALANCE SHEET ON JULY 31, 1997, AND
THE STATEMENT OF EARNINGS ENDING JULY 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATMENTS)
</LEGEND>
<S>                                            <C>
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<NAME>                                    FERRELLGAS, L.P.
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<CURRENCY>                                     U.S. DOLLARS



<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              JUL-31-1997
<PERIOD-START>                                 AUG-01-1996
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<INTEREST-EXPENSE>                             30,341
<INCOME-PRETAX>                                39,068
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<INCOME-CONTINUING>                            39,068
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<CHANGES>                                      0
<NET-INCOME>                                   39,068
<EPS-PRIMARY>                                  0
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</TABLE>
#### UNITED STATES of America, Plaintiff—Appellee, v. Lamont THOMAS, Defendant—Appellant.

No. 04-7105, 04-7424.

United States Court of Appeals, Fourth Circuit.

Submitted Feb. 23, 2005.

Decided March 17, 2005.

*135Lamont Thomas, Appellant pro se. Christine Manuelian, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Before WILKINSON, LUTTIG, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM.

In these consolidated appeals, Lamont Thomas seeks to appeal the district court’s orders denying relief on his motion filed under 28 U.S.C. § 2255 (2000), and his motion for relief from judgment filed under Fed.R.Civ.P. 60(b), but construed as a successive § 2255 motion.

An appeal may not be taken from the final order in a § 2255 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability is also required to obtain review of an order denying a Rule 60(b) motion in a habeas case. *See Reid v. Angelone,*369 F.3d 363, 368-69, 374 n. 7 (4th Cir.2004).

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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Thomas has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauperis, deny a certificate of appealability, deny as moot Thomas’s motion to expedite appeal No. 04-7424, and dismiss the appeals.

Additionally, we construe Thomas’s notice of appeal and informal brief on appeal in No. 04-7424 as an application to file a second or successive § 2255 motion. *See United States v. Winestock,*340 F.3d 200, 208 (4th Cir.), *cert. denied,*540 U.S. 995, 124 S.Ct. 496, 157 L.Ed.2d 395 (2003). In order to obtain authorization to file a successive § 2255 motion, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence that would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense. 28 U.S.C. §§ 2244(b) (2000); 28 U.S.C. § 2255 H 8. Thomas’s claims do not satisfy either of these conditions. We therefore decline to authorize Thomas to file a successive § 2255 motion.

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.

*DISMISSED*
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to § 906 of the Sarbanes-Oxley Act
of 2002 (18 U.S.C. § 1350) I, Joe A. Shearin, as the President and Chief Executive Officer of Eastern Virginia Bankshares, Inc., certify that, to the best of my knowledge and belief, the Quarterly Report on Form 10-Q for the fiscal period ended
March 31, 2011, which accompanies this certification, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the Quarterly Report on Form 10-Q fairly presents, in all
material respects, the financial condition and results of operations of Eastern Virginia Bankshares, Inc. at the dates and for the periods indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18
U.S.C. § 1350) and shall not be relied upon for any other purpose. The undersigned expressly disclaims any obligation to update the foregoing certification except as required by law.

Dated: May 16, 2011



/s/ Joe A. ShearinJoe A. ShearinPresident and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1

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<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      17,425,432
<INT-BEARING-DEPOSITS>                         100,030
<FED-FUNDS-SOLD>                               200,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 59,485,027
<INVESTMENTS-CARRYING>                      83,064,914
<INVESTMENTS-MARKET>                        81,493,670
<LOANS>                                    354,818,236
<ALLOWANCE>                                 11,737,337
<TOTAL-ASSETS>                             522,536,047
<DEPOSITS>                                 381,286,018
<SHORT-TERM>                                         0
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<LONG-TERM>                                 30,479,579
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<INTEREST-LOAN>                             33,816,210
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<INTEREST-TOTAL>                            44,682,110
<INTEREST-DEPOSIT>                          14,016,747
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</TABLE>
10:00 to 10:10 AM Welcome and Announcements

10:10 to 11:40 AM FY20 ARMD Strategy and Budget Overview

11:40 AM to 1:00 PM Lunch (non-public)

1:00 - 2:00 PM Airspace Research Vision Beyond NextGen 

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2:15 to 3:15 PM Progress on University Leadership Initiative

3:15 to 3:30 PM Work Plan and Schedule Review

3:30 to 4:00 PM Committee Deliberations

4:00 to 4:10 PM Public Comment Period

4:10 PM Adjourn

JOIN WEBEX MEETING https://nasa.webex.com/

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NAC Aeronautics Committee Public Agenda (FINAL)

Wednesday, March 20, 2019

NASA Headquarters
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 500 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 500

 To reprogram certain funds for fiscal year 1997 to provide additional 
                  agricultural assistance to Armenia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1997

Mr. Radanovich introduced the following bill; which was referred to the 
   Committee on Appropriations, and in addition to the Committee on 
International Relations, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To reprogram certain funds for fiscal year 1997 to provide additional 
                  agricultural assistance to Armenia.

    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 ``Armenian Assistance Act''.

SEC. 2. ADDITIONAL AGRICULTURAL ASSISTANCE FOR ARMENIA.

    Of the amount provided under the heading ``BILATERAL ECONOMIC 
ASSISTANCE--Other Bilateral Economic Assistance--Economic Support 
Fund'', and section 588, of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1997 (as contained in section 
101(c) of division A of the Omnibus Consolidated Appropriations Act, 
1997, Pub. L. 104-208) for assistance to the Government of Turkey, the 
unobligated balance shall be made available for assistance to Armenia. 
Such assistance shall be made for sustainable agricultural development 
programs emphasizing crop and livestock protection, including zoonotic 
disease control and agribusiness.
                                 <all>
```
**Exhibit 10(****c)**

Compensation Arrangement for Non-Executive Chairman of the Board

Below is asummary written description of the terms of the compensation arrangement for United Rentals’ non-executive chairman of the board. The arrangement is not set forth in a formal document. 

Annual Compensation. Total annual compensation is $351,000: one-half paid in cash in arrears twice a year at the same time that other outsidedirectors receive the cash component of their pay; and one-half paid in fully-vested restricted stock units, granted on the date of the company’s annual meeting and, subject to acceleration in certain circumstances, settled three years aftergrant. 

For any partial year, a pro rata portion of the above is paid. 

The above total compensation is in lieu of any other director’s pay (e.g., per meeting fees).
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NOT FOR PUBLICATION 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Nicholaus Fischer, 

Plaintiff, 

v. 

SunTrust Mortgage Incorporated, et al., 

Defendants.

No. CV-15-02075-PHX-JJT

ORDER 

 The Court having considered the Parties’ Stipulation for Dismissal With Prejudice 

(Doc.65) as to Defendant SunTrust Mortgage, Inc. only, and good cause appearing, 

 IT IS HEREBY ORDERED granting the Stipulation (Doc. 65). This action is 

dismissed with prejudice as to Defendant SunTrust Mortgage, Inc. only, with each party 

to bear its own attorneys’ fees and costs. 

 IT IS FURTHER ORDERED directing the Clerk of the Court to close this matter. 

 Dated this 23rd day of June, 2016. 

Honorable John J. Tuchi 

United States District Judge 

Case 2:15-cv-02075-JJT Document 66 Filed 06/23/16 Page 1 of 1
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