alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Malik L., a Person Alleged to be a Juvenile Delinquent, Appellant.

[871 NYS2d 124]

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about April 1, 2008, which adjudicated appellant a juvenile delinquent, upon his admission that he committed acts which, if committed by an adult, would constitute the crime of criminal possession of a weapon in the second degree (two counts), and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant’s suppression motion. The totality of the circumstances supports the conclusion that the police possessed the requisite reasonable suspicion for a stop and frisk *(see People v Benjamin,*51 NY2d 267, 271 [1980]). A police lieutenant testified that the police were responding to a radio call of shots fired in the area. This radio call described the location and direction of travel of a large group of juveniles, and the police encountered a corresponding group that included appellant. The lieutenant also spoke to another youth who had come from that group, and who implied that one or more members of the group were armed. Upon approaching the group, the lieutenant heard the sound of metal hitting the pavement, and discovered a box cutter in the area of the group. At this point, the lieutenant ordered the group against the wall, and they were frisked. We conclude that under these circumstances, the lieutenant had reason to be concerned for the safety of himself and the other officers present, especially in light of the crime they were investigating *(see e.g. People v Rivera,*165 AD2d 756 [1990], *lv denied*77 NY2d 842 [1991]).

Appellant also argues that the information in the lieutenant’s possession was irrelevant because it was not conveyed to the officer who actually frisked appellant and found firearms on his person. Appellant claims this officer acted on his own accord and with insufficient information to support a frisk. This line of argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Contrary to appellant’s characterization of the testimony, the evidence supports the conclusion that it was the lieutenant who ordered the group of juveniles against a wall, effectuating the seizure of appellant and the others, and that the *521officer who conducted the frisk of appellant acted lawfully pursuant to the fellow officer rule *(see People v Ketcham,*93 NY2d 416 [1999]). Concur—Mazzarelli, J.E, Friedman, Buckley, Acosta and Freedman, JJ.
Exhibit 10.2


 


Arch Capital Holdings Ltd.


Arch Capital Group Ltd.


Wessex House

45 Reid Street

Hamilton HM 12, Bermuda


 


October 5, 2004


 


Protective Underwriting Services, Inc.


c/o Wand Partners Inc.


489 Fifth Avenue, 21st Floor


New York, NY 10017


 


Re:  Waiver


 


Gentlemen:


 


Pursuant to Section 10.08 of the Stock Purchase Agreement, dated
as of May 13, 2004, as amended (the “Agreement”), by and among Protective
Underwriting Services, Inc. (“Purchaser”), Arch Capital Holdings Ltd.
(“Seller”) and Arch Capital Group Ltd. (“Arch Parent”), Seller, Arch Parent and
Purchaser hereby agree to extend the time by which the Closing (as defined in
the Agreement) must occur, before triggering the right by either Seller or
Purchaser to terminate the Agreement pursuant to Section 7.01(e) of the
Agreement, to December 31, 2004. 
Other than as specifically set forth above, no terms or provisions of
the Agreement shall be amended, modified or waived by this letter.


 


****


 
















 


Please confirm your agreement to the above by signing in the space
provided below and return to us an executed copy of this letter.


 


 


	
   

  	
  Sincerely,

  
	
   

  	
   

  
	
   

  	
  ARCH CAPITAL HOLDINGS LTD.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ John D. Vollaro

  	
   

  
	
   

  	
  Name:  John D. Vollaro

  
	
   

  	
  Title:  President

  
	
   

  	
   

  
	
   

  	
  ARCH CAPITAL GROUP LTD.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ John D. Vollaro

  	
   

  
	
   

  	
  Name:  John D. Vollaro

  
	
   

  	
  Title:  Executive Vice
  President and Chief

  Financial Officer

  



 


 


AGREED AND APPROVED

As of the date hereof:


 


 


	
  PROTECTIVE UNDERWRITING SERVICES, INC.

  
	
   

  
	
   

  
	
  By:

  	
  /s/ Bruce W. Schnitzer

  	
   

  
	
  Name:  Bruce W. Schnitzer

  
	
  Title:  President
Exhibit 32.2

Officers Certification Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C 1350)

In connection with the
Quarterly Report on Form 10-Q of Pioneer Drilling Company, a Texas corporation, (the Company) for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned, Lorne E. Phillips, Executive Vice President and Chief Financial Officer, hereby certifies, pursuant to 18 U.S.C. Section 1350, that, to the best of his knowledge:

(1) The Report is in full compliance 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.



|                      |  |  |  |                                                     
|--------------------- |  |  |  | ----------------------------------------------------
|Dated: August 6, 2009 |  |  |  | /s/ Lorne E. Phillips                               
|                      |  |  |  | Lorne E. Phillips                                   
|                      |  |  |  | Executive Vice President and Chief Financial Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. LYNDON WILLIAMS, Defendant-Appellant.

No. 05-13619

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Oct. 31, 2006.

Dean S. Daskal, U.S. Attorney’s Office, Columbus, GA, for Plaintiff-Appellee.

Lyndon Williams, Coleman, FL, pro se.

Before TJOFLAT, BARKETT and HULL, Circuit Judges.

PER CURIAM:

Lyndon Williams, a federal prisoner proceeding *pro se,*appeals the denial of his post-judgment motion to modify or reduce sentence, filed pursuant to 18 U.S.C. *976§ 3582(c)(2), and for reconsideration of the district court’s denial of his § 3582 motion, which he styled as a Fed.R.Civ.P. 59(e) motion to alter or amend judgment.

As a preliminary matter, we reject the government’s argument that we lack jurisdiction to decide this appeal due to Williams’s failure to perfect a timely appeal of the denial of his § 3582 motion. We remanded Williams’s case to the district court for a determination of excusable neglect or good cause for Williams’s untimely filing of his notice of appeal, and the district court found that Williams’s failure to file a timely notice of appeal was the result of excusable neglect and granted the motion for extension of time. Accordingly, we proceed to consider the merits of Williams’s appeal.

Williams argues that *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), provided grounds for reducing his sentence under 18 U.S.C. § 3582(c)(2) because *Booker*held that the mandatory sentencing guidelines were unconstitutional. However, in *United States v. Moreno,*421 F.3d 1217, 1220 (11th Cir. 2005), *cert. denied,*— U.S. -, 126 S.Ct. 1643, 164 L.Ed.2d 351 (2006), we held that because *Booker*is a Supreme Court decision and not a retroactively applicable guideline amendment created by the Sentencing Commission, *Booker*is inapplicable to § 3582(c)(2) motions.

Having reviewed the record, we discern no reversible error.

AFFIRMED.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 11

- 00900

- CV

Gary BIESENBACH

, Appellant

v.

THE CITY OF SAN ANTONIO

, Appellee

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2009

- CI

- 13675

Honorable Victor Negron, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE ALVAREZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the judgment of the trial court is REVERSED, and the underlying cause is DISMISSED without prejudice to the rights of either party to appeal a final decision of the hearing examiner. It is ORDERED that the appellant, Gary Biesenbach, recover his costs of this appeal from the appellee, The City of San Antonio.

SIGNED July 17, 2013.

_____________________________ Karen Angelini, Justice
EXHIBIT 31.2

 

**CERTIFICATIONS**

I, John W. Swatek, certify that: 

 
| 1. | I have reviewed this quarterly report on Form 10-Q of Hanover Direct, Inc.; |
|----|-----------------------------------------------------------------------------|

 

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(s) 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)) for the registrant and have:

 

a.      Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

b.     Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

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

 

5.     The registrant's other certifying officer(s) 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):

 

a.      All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

 

b.      Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

 
|  

 

/s/ John W. Swatek

John W. Swatek

Senior Vice President,

Chief Financial Officer and Treasurer

 

  |
|-----------------------------------------------------------------------------------------------------------------------------------|

Date: February 21, 2006
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.                  

###### Federal Communications Commission

          - 47 CFR Part 80
          - [WT Docket No. 04-344; FCC 08-208]

# AGENCY:

Final rule; announcement of effective date.

# SUMMARY:

                        The Federal Communications Commission (Commission) announces that a certain rule adopted in its Automatic Identification Systems (AIS) proceeding in WT Docket No. 04-344 published in the                         **Federal Register**                         of January 29, 2009, to the extent it contained an information collection requirement that required approval by the Office of Management and Budget (OMB) was approved, April 8, 2009.                    

# DATES:

The amendment adding § 80.231, published January 29, 2009 (74 FR 5117) is effective May 19, 2009.

# FOR FURTHER INFORMATION CONTACT:

Jeffrey Tobias, Federal Communications Commission, Wireless Telecommunications Bureau, 445 12th St., SW., Washington, DC 20554 at (202) 418-0620.

# SUPPLEMENTARY INFORMATION:

                    1. On January 29, 2009 at 74 FR 5117, the Commission published in the                     **Federal Register**                    , the summary of a Second Report and Order (                    *2nd R&O*) in WT Docket No. 04-344; FCC 08-208. In that                     *2nd R&O,*                     the Commission stated that, upon OMB approval, it would publish in the                     **Federal Register**                     a document announcing the effective date of 47 CFR 80.231.                

2. On April 8, 2009, OMB approved the public information collection associated with this rule change under OMB Control No. 3060-1124.

Marlene H. Dortch,

Secretary, Federal Communications Commission.

[FR Doc. E9-11647 Filed 5-18-09; 8:45 am]

BILLING CODE 6712-01-P
Exhibit 32.2

Certification Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C. 1350)

Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), I, William D. Hibbetts, Senior Vice President and Interim Chief Financial Officer of Pioneer Drilling Company, a Texas corporation (the Company), hereby certify, to my
knowledge, that:

(1) the Companys Quarterly Report on Form 10-Q for the quarter ended September 30, 2008 (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.



|                         |  |                                                          
|------------------------ |  | ---------------------------------------------------------
|Dated: November 6 , 2008 |  | /s/ William D. Hibbetts                                  
|                         |  | William D. Hibbetts                                      
|                         |  | Senior Vice President and Interim Chief Financial Officer

A signed original of this written statement required by Section 906 has been provided to the Company and will
be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 23-7208

CHARLES DUNCAN PIPPINS,

Petitioner - Appellant,

v.

WARDEN RAY,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at 

Wheeling. John Preston Bailey, District Judge. (5:23-cv-00123-JPB-JPM)

Submitted: April 18, 2024 Decided: April 22, 2024

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Affirmed in part and affirmed as modified in part by unpublished per curiam opinion.

Charles Duncan Pippins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-7208 Doc: 8 Filed: 04/22/2024 Pg: 1 of 3
2

PER CURIAM:

Charles Duncan Pippins, a federal prisoner, appeals the district court’s order 

dismissing his 28 U.S.C. § 2241 petition, as amended, in which Pippins sought to challenge 

his sentence by way of the savings clause in 28 U.S.C. § 2255(e) and raised separate claims 

challenging a prison disciplinary proceeding. We conclude that the district court correctly 

dismissed Pippins’ challenges to his sentence pursuant to Jones v. Hendrix, 599 U.S. 465, 

471, 477-80 (2023), which precludes him from raising such claims in a § 2241 petition. 

But because the district court lacked jurisdiction to consider those claims, see Rice v. 

Rivera, 617 F.3d 802, 807-08 (4th Cir. 2010), we modify this portion of the court’s order 

to reflect that the dismissal is without prejudice and affirm as modified, see 28 U.S.C. 

§ 2106; Ali v. Hogan, 26 F.4th 587, 600 (4th Cir. 2022) (recognizing that dismissal based 

on “defect in subject matter jurisdiction . . . must be one without prejudice” (internal 

quotation marks omitted)). Next, we conclude that Pippins has forfeited appellate review 

of the portion of the district court’s order dismissing his claims related to the prison 

disciplinary proceeding because he does not challenge that decision in his informal brief. 

See 4th Cir. R 34(b); Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal 

brief is an important document; under Fourth Circuit rules, our review is limited to issues 

preserved in that brief.”). Accordingly, we affirm that portion of the court’s order. 

Pippins v. Ray, No. 5:23-cv-00123-JPB-JPM (N.D.W. Va. Nov. 21, 2023). 

USCA4 Appeal: 23-7208 Doc: 8 Filed: 04/22/2024 Pg: 2 of 3
3

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process.

AFFIRMED IN PART,

AFFIRMED AS MODIFIED IN PART

USCA4 Appeal: 23-7208 Doc: 8 Filed: 04/22/2024 Pg: 3 of 3
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           1,476
<SECURITIES>                                         0
<RECEIVABLES>                                    1,413
<ALLOWANCES>                                       200
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,684
<PP&E>                                          16,446
<DEPRECIATION>                                   5,454
<TOTAL-ASSETS>                                  15,561
<CURRENT-LIABILITIES>                            2,594
<BONDS>                                              0
<PREFERRED-MANDATORY>                           85,642<F1>
<PREFERRED>                                        492
<COMMON>                                           290
<OTHER-SE>                                    (74,957)
<TOTAL-LIABILITY-AND-EQUITY>                    15,561
<SALES>                                          1,789
<TOTAL-REVENUES>                                 2,012
<CGS>                                              537
<TOTAL-COSTS>                                      537
<OTHER-EXPENSES>                                   989
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  44
<INCOME-PRETAX>                                    442
<INCOME-TAX>                                        10
<INCOME-CONTINUING>                                432
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,566)
<EPS-PRIMARY>                                   (0.18)
<EPS-DILUTED>                                   (0.18)
<FN>
<F1>REPRESENTS SERIES A REDEEMABLE SENIOR PREFERRED STOCK THAT HAS A $10
LIQUIDATION PREFERENCE AND ENTITLES HOLDER TO A 10% ANNUAL COMPOUNDED DIVIDEND.
NO DIVIDENDS PAID TO DATE.
</FN>
        

</TABLE>
Letter Agreement Modifying CoBank Commitment Levels



 Exhibit 10.46 
  
 [GRAPHIC] 
  

					
	 	 	 	 	 P.O. Box 5110

	 	 	 	 	 Denver, Colorado 80217

	 	 	 	 	 5500 South Quebec Street

	 	 	 	 	 Greenwood Village, Colorado 80111

	 	 	 	 	 Phone: (303) 740-4000

	 	 	 	 	 Fax:     (303) 740-4002


  
 September 9, 2004 
  
 Mr. Rodney Ivers, VP and CFO 
 FGDI, L.L.C. 
 2829 Westown Parkway, Suite 200 
 West Des Moines, Iowa 50266 
  

	Re:	Master Loan Agreement No. RICF103 (“MLA”); Statused Credit Supplement No. RICF103S01; Statused Revolving Credit Supplement No. RICF103S04; and Statused Revolving Term Loan
Supplement No. RICF103T01 (collectively, the “Loan Agreements”) 

  
 Dear Mr. Ivers: 
  
 The purpose of this letter is to document the
agreement between FGDI, L.L.C. and CoBank that effective immediately, CoBank’s Commitment levels under the Loan Agreements will be reduced as follows: (a) the RICF103S01 Commitment will be reduced to $65,000,000 from $80,000,000; (b) the
RICF103S04 Commitment will be reduced to $24,375,000 from $30,000,000; and (c) the RICF103T01 Commitment will be reduced to $8,125,000 from $10,000,000 (subject, still, to the Borrowing Base maximum). 
  
 Please signify FGDI’s agreement to the above reductions by signing and returning one
original of this letter to me. 
  

	
	 Sincerely,

	
	 /s/ Michael Tousignant

	 Michael Tousignant

	 Vice President



			
	
	 FGDI, L.L.C.

		
	 By:
	 	 /s/ Rodney L. Ivers

	 	 	 Rodney Ivers

	 Title:
	 	 CFO

	
	 FGDI, L.L.C.

		
	By:	 	/s/ Steve Speck
	 	 	Steve Speck
	Title:	 	President
	 	 	 
	cc:	 	Richard A. Malm