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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 98-4815

CHARLES LEE BREWER,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of West Virginia, at Martinsburg.

Robert Earl Maxwell, Senior District Judge.

(CR-95-10)

Submitted: June 30, 1999

Decided: September 14, 1999

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Scott A. Curnutte, Elkins, West Virginia, for Appellant. David E.

Godwin, United States Attorney, Paul T. Camilletti, Assistant United

States Attorney, Wheeling, West Virginia, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________
OPINION

PER CURIAM:

Charles Lee Brewer appeals the sentence imposed as a result of his

guilty plea and conviction for possession with intent to distribute

cocaine in violation of 21 U.S.C. § 841(a)(1) (1994). On appeal,

Brewer challenges the district court's calculation of his Criminal History Category, see U.S.S.G. § 4A1.1, and the court's refusal to grant

a two-point downward adjustment for acceptance of responsibility.

See U.S.S.G. § 3E1.1. Finding no merit to either of his assignments

of error on appeal, we affirm Brewer's conviction and sentence.

Brewer suggests that the district court erred by including two prior

state sentences that were under appeal at the time of Brewer's sentencing in this case. The Sentencing Guidelines provide that "[p]rior

sentences under appeal are counted except as expressly provided" in

the Commentary. U.S.S.G. § 4A1.2(l). The district court followed the

express provisions of the Guidelines in reaching Brewer's Criminal

History Category. Consequently, we find that there was no error

which would require this court to remand the case for resentencing.

See Williams v. United States, 503 U.S. 193, 203 (1992). Neither did

the district court clearly err in declining to grant the downward adjustment. See United States v. Castner, 50 F.3d 1267, 1279 (4th Cir.

1995); U.S.S.G. § 3E1.1, comment. (n.5). The court appropriately

considered the timing of Brewer's decision to plead guilty and his

lack of candor in reporting his assets to the probation officer. See

U.S.S.G. § 3E1.1, comment. (n.1(h)); United States v. Falesbork, 5

F.3d 715, 721-22 (4th Cir. 1993).

Accordingly, we affirm Brewer's conviction and sentence. 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

 2
<PAGE>
                                                                    Exhibit 23.1


                    INDEPENDENT AUDITORS' REPORT AND CONSENT


The Board of Directors
Komag, Incorporated:

The audits referred to in our report dated January 16, 2004, except as to the
first and second paragraphs of Note 17, which are as of January 27, 2004 and
February 27, 2004, respectively, included the related financial statement
schedule as of December 28, 2003 and December 29, 2002, and for the year ended
December 28, 2003, the six-month periods ended December 29, 2002 and June 30,
2002, and the year ended December 30, 2001. This financial statement schedule is
the responsibility of the Company's management. Our responsibility is to express
an opinion on this financial statement schedule based on our audits. In our
opinion, such financial statement schedule, when considered in relation to the
basic consolidated financial statements taken as a whole, presents fairly in all
material respects the information set forth therein.

We consent to incorporation by reference in the registration statements (Numbers
333-107261 and 333-101125) on Form S-8 of Komag, Incorporated, of our report
dated January 16, 2004, except as to the first and second paragraphs of Note 17,
which are as of January 27, 2004 and February 27, 2004, respectively, with
respect to the consolidated balance sheets of Komag, Incorporated and
subsidiaries as of December 28, 2003 and December 29, 2002, the related
consolidated statements of operations, stockholders' equity, and cash flows for
the year ended December 28, 2003, the six-month periods ended December 29, 2002
and June 30, 2002, and the year ended December 30, 2001, which report
appears in the December 28, 2003 annual report on Form 10-K of Komag,
Incorporated.

Our report dated January 16, 2004, except as to the first and second paragraphs
of Note 17, which are as of January 27, 2004 and February 27, 2004,
respectively, contains two explanatory paragraphs. The first paragraph states
that effective as of the beginning of the 2002 fiscal year, the Company adopted
the provisions of Statement of Financial Accounting Standards No. 142, Goodwill
and Other Intangible Assets. The second paragraph states that the Company's plan
of reorganization under Chapter 11 of the United States Bankruptcy Code became
effective on June 30, 2002. As a result of the adoption of "fresh-start"
reporting in accordance with Statement of Position 90-7, "Financial Reporting by
Entities in Reorganization Under the Bankruptcy Code," the consolidated
financial statements as of and for the year ended December 28, 2003 and as of
and for the six-month period ended December 29, 2002 are presented on a
different reporting basis than the periods before the emergence from bankruptcy,
and are therefore not comparable.


                                                    KPMG LLP
San Francisco, California
March 3, 2004
#### SUN OIL CO. v. PFEIFFER et al.

No. 79.

District Court, W. D. Oklahoma.

April 29, 1939.

George H. Bowen and Donald H. Waid, both of Tulsa, Old., for plaintiff.

A. R. Swank, of Stillwater, Okl., for ■ defendants.

VAUGHT, District Judge.

This case is pending on motions to dismiss. The plaintiff is the owner of an oil lease under which the defendants are the royalty owners. The complaint alleges that prior to December 6, 1938, the one-eighth of the production was regularly paid to the defendants, as per the provisions of the lease; that on December 6, 1938, the defendants, by notice, canceled the division order and demanded full one hundred per cent of the one-eighth royalty.

It is inferred by the court, from the record in this case, that the royalty interest was paid on the usual basis of ninety-seven per cent.

The defendants have filed motions to dismiss and contend that the real controversy is over the three per cent of the -one-eighth royalty.

The complaint alleges “that the amount -involved in this controversy exclusive of interest and costs is in excess of Three Thousand ($3,000.00) Dollars.” The motions to dismiss allege “that the court lacks jurisdiction because the amount actually in controversy is less than $3,000.00 exclusive of interest and costs.”

There is nothing in the record, except the allegations in the complaint and the statement in the motions to dismiss, with respect to the amount in controversy and the motions to dismiss allege that the amount in controversy is less than $3,000.

A motion to dismiss is in effect a demurrer and for the purpose of the motion admits the allegations in the bill, and the court, in passing upon a motion to dismiss, is bound by the allegations in the bill.

The motions to dismiss are overruled and exceptions allowed. The defendants are allowed fifteen (IS) days in which to answer.
Exhibit 32



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



         Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, each of the undersigned President and Sole
Executive Officer of 4net Software, Inc. (the "Company"), certifies, that to his
knowledge:

         1) the Company's Form 10-KSB for the annual period ended September 30,
         2004 fully complies with the requirements of Section 13(a) or 15(d) of
         the Securities Exchange Act of 1934, as amended; and

         2) the information contained in the Company's Form 10-KSB for the
         annual period ended September 30, 2004 fairly presents, in all material
         respects, the financial condition and results of operations of the
         Company.



                                            /s/ Steven N. Bronson
                                            -----------------------------------
                                            Steven N. Bronson, President
---

THIS SECURITY WAS ISSUED IN AN OFFSHORE TRANSACTION TO A
PERSON WHO IS NOT A U.S. PERSON AS DEFINED IN REGULATION S PROMULGATED UNDER THE
UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "1933 ACT"). ACCORDINGLY,
THIS PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE 1933 ACT OR ANY U.S.
STATE SECURITIES LAWS AND, UNLESS SO REGISTERED, IT MAY NOT BE OFFERED OR SOLD
IN THE UNITED STATES OR, DIRECTLY OR INDIRECTLY, TO U.S. PERSONS EXCEPT PURSUANT
TO AN EFFECTIVE REGISTRATION STATEMENT OR PURSUANT TO AN EXEMPTION FROM, OR IN A
TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE 1933 ACT AND IN
EACH CASE ONLY IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS. IN ADDITION,
HEDGING TRANSACTIONS INVOLVING THIS PROMISSORY NOTE MAY NOT BE CONDUCTED UNLESS
IN ACCORDANCE WITH THE 1933 ACT.

PROMISSORY NOTE

|$50,000.00 | JUNE 15, 2009
|---------- | -------------

FOR VALUE RECEIVED, the undersigned promises to pay to the
order of TRELS INVESTMENTS LTD. at its principal office located at 17
GR. XENOPOULOU STREET, PO BOX 54425, 3724 LIMASSOL CYPRUS, or at such other
place as the holder of this Note may from time to time designate, the principal
sum of FIFTY THOUSAND DOLLARS ($50,000.00) in lawful money of the United
States of America,together with interest thereon as herein provided; on
JUNE 15, 2011.

The principal amount or such portion thereof as shall remain
outstanding from time to time shall accrue simple interest, calculated monthly
in arrears, at a rate of FIVE PERCENT (5%) PER ANNUM commencing on the
date of this promissory note and payable at maturity.

If principal is not paid when due, the undersigned promises to
pay all costs of collection, including without limitation, legal fees, and all
expenses in connection with the protection or realization of the collateral
securing this promissory note, if any, or the enforcement of any guaranty hereof
incurred by the holder(s) hereof on account of such collection, whether or not
suit is filed hereon or thereon; such costs and expenses shall include, without
limitation, all costs, expenses and legal fees incurred by the holder(s) hereof
in connection with any insolvency, bankruptcy, arrangement or other similar
proceedings involving the undersigned, or involving any endorser or guarantor
hereof, which in any way affects the exercise by the holder(s) hereof of the
rights and remedies of such holder(s) under this promissory note.

The undersigned, when not in default hereunder, will have the
privilege of prepaying in whole or in part the principal sum without notice or
bonus.

Presentment, protest, notice of protest and notice of dishonour
are hereby waived.

STRIKER ENERGY CORP.



By: /s/ Joseph Carusone JOSEPH CARUSONE, President

---
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. J-;!377
# United States Court of Appeals

For the First Circuit

No. 19

- 2169

UNITED STATES OF AMERICA ,

Appellee ,

v.

BERNARD LINDSEY ,

Defendant, Appellant

.

ERRATA SHEET

The opinion of this Court, issued on June 29 , 202 1 , is amended
as follows:

On page 4 , line 4 , replace " CDP" with "CPD"
# table7_q3.1_naics
[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31982-31983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15769]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,331]


Eos Airlines, Inc., Purchase, NY; Notice of Termination of 
Investigation

    Pursuant to Section 223 of the Trade Act of 1974, as amended, an 
investigation was initiated on June 22, 2009 in response to a worker 
petition filed on behalf of workers of Eos Airlines, Incorporated, 
Purchase, New York.

[[Page 31983]]

    The Department issued a negative determination (TA-W-65,739) 
applicable to the petitioning group of workers on April 14, 2009 and a 
negative determination regarding an application for reconsideration on 
June 22, 2009.
    The current petition regarding the investigation has been deemed 
invalid. All petitioners were separated more than one year prior to the 
date of petition. Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 25th day of June 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-15769 Filed 7-2-09; 8:45 am]
BILLING CODE 4510-FN-P
DATED: November 10, 2011

at

WE COMMAND YOU that you have the body of STEPHEN PIRRONE (Inmate No. 670776) (by whatever name called or charged) now confined in South loods State Prison 215 Burlington Road South Bndgeton, flew Jersy before the United States District Court before the Honorable William H. Walls at the U.S. District Court, Newark, New Jersey on Tuesday, November 29, 2011 at 9:30 am. Immediately upon completion of the proceedings, defendant will be returned to said place of confinement in safe and secure conduct.

IS_‘ Bin : s,q:o’ F’ -a nh. 5’ t 1gt. ‘4CW 3r r’

2. laid individual will be required at U.S. District Court, Newark, New

Jersey before the Honorable William H. Walls, on Tuesday, November 29, 2011 9:30 a.m. for a Plea Heatina in the abc”e-c:trtioned cafle, ln wni 7hhe is a

Vfenaan’ vd Wrc uf Hatea rorc’,,,;,elO * sc’:4t r hat ot--ut e

/JOtZATHAN

-

W. ROFIsJ,KOW

I

/ Assist-tnt United States Attotney

t Petirfln’ic’t--(373) 645 28&

FOR WRIT: Let the

IZ I

DATED :/5/V4

WRIT OF N.LEAS CORPUS: The United SLat’J of tmerica to

WARDEN OF SOUTH WOODS STATE PRTSON

DATED:

WITNESS the Honorable William H, Walls

United States District Judge at Newark, New Jersey

WILLIAM T nALSH

of the U.S. District Court

4for’the District of New Jersey

Per

Pepu9y Clerk
July 22, 2015

Jeffrey D. Kyle, Clerk

Third District of Texas

P.O. Box 12547

Austin, Texas 78711-2547

512-463-1733

RE: COA No. 03-15-00154-CR; Trial Court Cause No. D-1-DC-14-200998

 Frank Brown v. State

Dear Mr. Kyle,

This is my second request for extension in the above-entitled cause, and I would respectfully 

request a 30-day extension. I apologize for filing this extension past the assigned due date, but 

my e-mail was down and the IT Department was just able to get it fixed today. I currently have 

six appeals pending due to a heavy jury trial schedule. I do believe that I will be able to have 

the above-entitled record perfected for filing by August 13th, 2015. 

Thank you for your time and attention to this matter. If you have any questions, please feel 

free to call me at 512-854-9315 or by email at Kimberly.lee@co.travis.tx.us.

Sincerely,

Kimberly Lee

Official Court Reporter

147th District Court

Travis County, Texas

512-854-9315
SUPREME COURT 

OF 

NEVADA 

Having considered the petition, we conclude that petitioner has failed to 

demonstrate that our extraordinary intervention is warranted. NRS 

34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 

224, 228, 88 P.3d 840, 841, 844 (2004) (holding that an appeal is generally 

an adequate legal remedy precluding writ relief). Accordingly, we 

ORDER the petition DENIED. 

Saitta 

J. 

Pickering 

cc: Hon. Joseph Hardy, Jr., District Judge 

Pengilly Law Firm 

Alverson Taylor Mortensen & Sanders 

Boyack & Taylor 

Adams Law Group 

Brown Brown & Premsrirut 

Leach Johnson Song & Gruchow 

Eighth District Court Clerk 

2 

(0) 1947A ,m1W
II 

116TH CONGRESS 

1ST SESSION S. 1095 

To enable the payment of certain officers and employees of the United 

States whose employment is authorized under the Deferred Action for 

Childhood Arrivals program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 9, 2019 

Ms. HARRIS (for herself, Ms. CORTEZ MASTO, Mr. DURBIN, Ms. BALDWIN, 

Mr. BENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Mr. CARPER, Mr. CASEY, Mrs. GILLIBRAND, Ms. HIRONO, Ms. KLOBUCHAR, Mr. 

MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mrs. MURRAY, Ms. ROSEN, 

Mr. SANDERS, Ms. SMITH, Mr. VAN HOLLEN, Ms. WARREN, and Mr. 

WYDEN) introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

To enable the payment of certain officers and employees 

of the United States whose employment is authorized 

under the Deferred Action for Childhood Arrivals program, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Dream Em5 ployment Act of 2019’’. 


pbinns on DSK79D2C42PROD with BILLS
2 

•S 1095 IS

1 SEC. 2. CERTAIN FEDERAL EMPLOYEES WHO ARE BENE2 FICIARIES OF DACA AUTHORIZED TO BE 

3 PAID. 

4 Section 704 of title VII of division D of the Consoli5 dated Appropriations Act, 2019 (Public Law 116–6) is 

6 amended— 

7 (1) by striking ‘‘eligible; or’’ and inserting ‘‘eli8 gible;’’; and 

9 (2) by striking ‘‘allegiance to the United 

10 States:’’ and inserting ‘‘allegiance to the United 

11 States; or (5) is a person who is employed by the 

12 House of Representatives or the Senate, and holds 

13 a current employment authorization document that 

14 was issued under the Deferred Action for Childhood 

15 Arrivals Program of the Secretary of Homeland Se16 curity, established pursuant to the memorandum 

17 from the Secretary of Homeland Security entitled 

18 ‘Exercising Prosecutorial Discretion with Respect to 

19 Individuals Who Came to the United States as Chil20 dren’, dated June 15, 2012:’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
<PAGE>

                                                                    Exhibit 4.16

                              CERTIFICATE OF TRUST
                                       OF
                           PARTNERRE CAPITAL TRUST III

         This Certificate of Trust of PartnerRe Capital Trust III (the "Trust"),
dated as of December 11, 2001, is being duly executed and filed by the
undersigned, as trustees, to form a business trust under the Delaware Business
Trust Act (12 Del. C. (S) 3801, et seq.).
                                -- ---

         1. Name. The name of the business trust formed hereby is PartnerRe
            ----
Capital Trust III.

         2. Delaware Trustee. The name and business address of the trustee of
            ----------------
the Trust with a principal place of business in the State of Delaware is Chase
Manhattan Bank USA, National Association, 500 Stanton Christiana Road,
OPS4--3/rd/ Floor, Newark, Delaware 19173.

         3. Effective Date. This Certificate of Trust shall be effective upon
            --------------
filing with the Secretary of the State of the State of Delaware.

<PAGE>

         IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust,
have executed this Certificate of Trust as of the date first-above written.

                                               JPMORGAN CHASE BANK, as Property
                                               Trustee


                                               By:    /S/ W. B. Dodge
                                                  ------------------------------
                                                   Name:  W. B. Dodge
                                                   Title:


                                               CHASE MANHATTAN BANK USA,
                                               NATIONAL ASSOCIATION, as Delaware
                                               Trustee


                                               By:    /S/ John J. Cashin
                                                  ------------------------------
                                                   Name:  John J. Cashin
                                                   Title: Vice President


                                               Administrative Trustee

                                                   /S/ Albert Benchimol
                                               ---------------------------------
                                               Albert Benchimol, not in his
                                               individual capacity but solely as
                                               trustee of the Trust

                                               Administrative Trustee

                                                 /S/  Christine Patton
                                               ---------------------------------
                                               Christine Patton, not in her
                                               individual capacity but solely as
                                               trustee of the Trust