alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 98-50657

Summary Calendar

_____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MURRELL LaTODD ROBINSON,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court

for the Western District of Texas

USDC No. MO-97-CR-70-ALL

_________________________________________________________________

March 30, 1999

Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Murrell LaTodd Robinson appeals his conviction and sentence

for distribution and possession with intent to distribute crack

cocaine. Robinson argues that his Fourth Amendment rights were

violated by the police officers’ failure to “knock and announce”

prior to entering his apartment pursuant to a search warrant, and

that the district court erred in increasing his guideline offense

level pursuant to § 3C1.1 on the basis that he committed perjury at

trial.
2

Viewing the facts in the light most favorable to the

prosecution, the district court had ample evidence to conclude that

the officers reasonably suspected that knocking and announcing

would have placed them in danger and probably would have resulted

in the destruction of evidence. See Richards v. Wisconsin, 520

U.S. 385, ___, 117 S.Ct. 1416, 1421 (1997). Accordingly, the

district court did not err in denying Robinson’s motion to suppress

on the basis of the officers’ failure to “knock and announce.”

As for the sentencing enhancement for obstruction of justice,

perjury is specifically listed in the comments to § 3C1.1 as an

example of conduct to which the enhancement applies. See U.S.

Sentencing Guidelines, § 3C1.1, comment. (n.3(b)); United States v.

Storm, 36 F.3d 1289, 1295 (5th Cir. 1994). In the light of the

colloquy preceding the decision to apply § 3C1.1, the district

court made sufficient findings of obstruction of justice based on

Robinson’s perjured testimony that he was not involved in selling

crack cocaine. See Storm, 36 F.3d at 1295. The district court did

not clearly err in concluding that Robinson’s offense level should

be increased by two levels for obstruction of justice under

§ 3C1.1. See United States v. Dunnigan, 507 U.S. 87, 95 (1993)).

A F F I R M E D.
1 ... S ee T EX . R. A PP . P. 47. 4. 

## COURT OF APPEALS SEC OND DISTRICTOFTEXAS FORT WORTH NO. 2 - 07 - 32 6- CR D A V I D A S A TI A N U N D A AP PEL L ANT V . THE STATE OF TE XA S STATE

----- ----- FR O M THE 3 96 DI STRI CT CO URT O F TARRA NT CO UN TY TH

----- ----- 

### M E M ORANDU M OP I NI ON 1 

### AND J UDGME NT

----- ----- W e h ave co ns i der ed “Appel l ant ’ s M ot i on To Di sm i s s A ppe al . ” The m ot i on i s g r a nt e d. W e w i t hd r a w th e o p i n i o n a nd j ud gm e nt o f Oct ob e r30, 2 0 0 8 , a n d d i s m i s s t h e a p p e a l . S ee Tex. R. A pp. P. 42. 2( b) ; Tex. R. A pp. P. 4 3 .2 (f).
P E R CU R I AM
PA N EL: CA YC E, C. J. ; W A LKER, an d M C C O Y, JJ. DO NO T P UBLI SH T EX . R. A PP . P. 47. 2( b)DEL I VERE D: Nov e m be r20, 2008
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                                   0
<SECURITIES>                                             0
<RECEIVABLES>                                       98,929
<ALLOWANCES>                                           802
<INVENTORY>                                         10,220
<CURRENT-ASSETS>                                   121,852
<PP&E>                                              23,209
<DEPRECIATION>                                      17,284
<TOTAL-ASSETS>                                     212,131
<CURRENT-LIABILITIES>                               65,537
<BONDS>                                            143,924
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                29
<OTHER-SE>                                          (1,474)
<TOTAL-LIABILITY-AND-EQUITY>                       212,131
<SALES>                                             91,411
<TOTAL-REVENUES>                                    91,849
<CGS>                                               79,238
<TOTAL-COSTS>                                       95,281
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                        15
<INTEREST-EXPENSE>                                   3,580
<INCOME-PRETAX>                                     (3,432)
<INCOME-TAX>                                          (968)
<INCOME-CONTINUING>                                 (2,464)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        (2,464)
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        


</TABLE>
105TH CONGRESS

1ST SESSION H. R. 548

AN ACT

To designate the United States courthouse located

house’’.York, as the ‘‘Ted Weiss United States Courtat 500 Pearl Street in New York City, New
105TH CONGRESS

1ST SESSION H. R. 548

AN ACT

To designate the United States courthouse located at 500

Pearl Street in New York City, New York, as the ‘‘Ted

Weiss United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 548 EH

1 SECTION 1. DESIGNATION.

2 The Federal building located at 500 Pearl Street in

3 New York City, New York, shall be known and designated

4 as the ‘‘Ted Weiss United States Courthouse’’.

5 SEC. 2. REFERENCES.

6 Any reference in a law, map, regulation, document,

7 paper, or other record of the United States to the United

8 States courthouse referred to in section 1 shall be deemed

9 to be a reference to the ‘‘Ted Weiss United States Court10 house’’.

Passed the House of Representatives November 13,

1997.

Attest:

Clerk.
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff, 

vs.

Nikiyu Martin Gatewood,

Defendant. 

)

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)

 Case No. CR15-08223-001-PCT-SRB

TEMPORARY DETENTION ORDER

FOR INTAKE ASSESSMENT

Defendant appeared in court with counsel. Pursuant to 18 U.S.C. §3141 et seq. a

detention hearing was held. Upon recommendation of Pretrial Services, the defendant is

ordered detained pending an intake assessment for placement at a residential treatment

facility in Arizona or other facility as designated by Pretrial Services. Should defendant

qualify for such placement, defendant shall be released upon conditions set by this Court,

including pretrial residency at said facility, as conditions do exist which would reasonably

assure the safety of others and the appearance of the defendant. Should defendant not so

qualify, the release conditions set by this Court shall be vacated and defendant shall be

detained pending trial as there are no conditions or combination of conditions which would

reasonably assure the safety of others or the appearance of the defendant.

//

//

//

Case 3:15-cr-08223-SRB Document 11 Filed 10/28/15 Page 1 of 2
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The Pretrial Services Officer is ordered to timely notify this Court of the defendant's

intake assessment results, and if found acceptable, the date and time the facility will provide

transportation from the Sandra Day O’Connor Courthouse for defendant.

DATED this 28th day of October, 2015.

Case 3:15-cr-08223-SRB Document 11 Filed 10/28/15 Page 2 of 2
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 the Quarterly Report of eMagin Corporation (the “Company”) on Form 10-Q /A for the quarter ended September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Andrew G. Sculley, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. section 1350of 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.





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





Dated:  October 7, 2011
By:
/s/ Andrew G. SculleyAndrew G. SculleyChief Executive Officer(Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000922408
<NAME> AMERICAN DRUG COMPANY

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         225,000
<SECURITIES>                                         0
<RECEIVABLES>                                  229,000
<ALLOWANCES>                                    90,000
<INVENTORY>                                    149,000
<CURRENT-ASSETS>                               514,000
<PP&E>                                         113,000
<DEPRECIATION>                                 113,000
<TOTAL-ASSETS>                                 552,000
<CURRENT-LIABILITIES>                          199,000
<BONDS>                                      1,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       130,000
<OTHER-SE>                                  (4,710,000)
<TOTAL-LIABILITY-AND-EQUITY>                   552,000
<SALES>                                      1,123,000
<TOTAL-REVENUES>                             2,047,000
<CGS>                                          936,000
<TOTAL-COSTS>                                2,904,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             463,000
<INCOME-PRETAX>                               (857,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (857,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (857,000)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                    (.07)


</TABLE>
AMEND. 1 TO ANB PLAN FOR DEFERRAL - SUBSID. BANKS


  Exhibit 10.3A
 AMENDMENT NUMBER
ONE
TO THE
ALABAMA NATIONAL BANCORPORATION
PLAN FOR THE DEFERRAL OF COMPENSATION
BY NON-EMPLOYEE DIRECTORS OF THE SUBSIDIARY
BANKS
 WHEREAS, Alabama National BanCorporation (“ANB”) maintains the Alabama National BanCorporation Plan for the
Deferral of Compensation by Non-Employee Directions of the Subsidiary Banks (the “Plan”); and
 WHEREAS, pursuant to
Section 7(d) of the Plan, ANB reserved the right to amend the Plan; and
 WHEREAS, currently, the non-employee directors of two of
ANB’s subsidiary banks (National Bank of Commerce of Birmingham and First American Bank) are eligible to participate in the Plan; and
 WHEREAS,
the Board of Directors of ANB has approved an amendment to the Plan such that non-employee directors of a third subsidiary bank, Community Bank of Naples, National Association, shall also be eligible to participate in the
Plan.
 NOW, THEREFORE, the Plan is hereby amended effective as of February 17th, 2000 as follows:
 1.  Amend Exhibit A to the Plan by adding the following to the list of eligible
subsidiary banks:
 Community Bank of Naples, National Association
 2.  All of the other terms, provisions and conditions of the Plan not herein amended shall remain in full force and effect.
 IN WITNESS WHEREOF, ANB has caused this amendment to be executed by duly authorized representatives this 17th day of February, 2000.
  

	 ATTEST:
 	  
 	 ALABAMA NATIONAL BANCORPORATION
 
	  
 /s/   KIMBERLY MOORE
 	  
 	 By: 
 	 
 /s/   WILLIAM E. MATTHEWS, V
 
	 
 	  
 	  
 	 
 
	 Its:
 	 Corporate Secretary
 	  
 	 Its:
 	 Executive Vice President & Chief Financial Officer
 
					

 [SEAL]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           1,478
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,008
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   2,008
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,150
<OTHER-SE>                                      22,730
<TOTAL-LIABILITY-AND-EQUITY>                     2,008
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                22,676
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (32,872)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (32,872)
<EPS-PRIMARY>                                    (.02)
<EPS-DILUTED>                                    (.02)
        

</TABLE>
#### Thomas L. W. Sawyier *v.*R. B. Hinson.

Tort — Liability for Sale of Property Taken.

A defendant, who disposes of property taken at his instance though not the identical property he described in his order for possession, is liable for the wrongful conversion thereof.

APPEAL FROM PULASKI CIRCUIT COURT.

June 22, 1869.

Opinion of the Court by

Judge Robertson:

In the year 1863 the appellant, Sawyier, then Federal provost marshal at Somerset, Ky., commissioned John Osborne “to gather up Government property and deserters,” and gave him the following special order to the appellee, Mr. Bradley Hinson:

> “Let John Osborne have that horse in your possession belonging to the United States. October 22, 1863.

> “Thomas L. W. Sawyier,”

In the appellee’s absence the order was presented to his wife, who showing the appellee’s only horse to which the order could apply, Osborne, as he testified in this case, took it, and reporting to the appellant that he had the horse, the appellant without seeing it, gave it to him, -and he afterwards sold it, but that the horse was not, in fact, Government property.

This action was brought in the quarterly court of Pulaski to recover damages for the alleged capture and conversion of the horse. Judgment was rendered for $85, and, on appeal to the *232circuit court, another judgment was obtained by the appellee for $75 and all the costs in that court.

James, *Owsley, VanWinkle, for appellant.*

The appellant insists that he is not liable for Osborne’s tortious act in taking private property when he was authorized only to take public property. But he ought not to have disposed of the horse as he did. He ought to have examined and restored it, as it had been taken through mistake, under his order. The instructions on the trial were as favorable to him as he had any right to expect. And the jury had a right to accredit the testimony of Osborne. There is, therefore, no available error in the judgment for damages. But as the appellant by his appeal from the quarterly to the circuit court, refused the damages, the appellee had no legal right to costs against him in the circuit court.

Wherefore, the judgment is reversed, and the cause remanded for another judgment on the verdict without costs in the circuit court.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Tanessa T. McKnight,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

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MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-18-00070-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Law Office Of Christopher K Johnston LLC

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 1/9/2018, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to 

do so, a default judgment will be entered against me or the entity I represent.

Date: January 12, 2018 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9753 Filed 01/19/18 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9753 Filed 01/19/18 Page 2 of 2
<PAGE>

                                                                      EXHIBIT 11

                          FRANKLIN FINANCE CORPORATION
                       COMPUTATION OF NET INCOME PER SHARE

Net income for basic income per share is computed by subtracting from the
applicable income the dividend requirements on preferred stock to arrive at
income applicable to common stock and dividing this amount by the weighted
average number of shares of common stock outstanding during the period.

<TABLE>
<CAPTION>
                                                                    THREE MONTHS ENDED
                                                               -----------------------------
                                                                         MARCH 31,
                                                                    2002           2001
                                                               -----------------------------
<S>                                                            <C>              <C>
INCOME
Net income                                                       $   672,225    $   739,061
Less: Preferred stock dividend requirements                          450,225        450,225
                                                               -----------------------------
Net income applicable to common stock                            $   222,000    $   288,836

SHARES
Weighted average number of common shares outstanding                  22,077         22,077

NET INCOME PER SHARE                                             $     10.06    $     13.08
</TABLE>