alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Jeremy Lujan AIKEN, Defendant-Appellant.

No. 12-7401.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 20, 2012.

Decided: Dec. 27, 2012.

Jeremy Lujan Aiken, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Jill Westmoreland Rose, Office of the United States Attorney, Asheville, North Carolina, for Appellee.

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

*308Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jeremy Lujan Aiken appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Aiken,*No. 1:04-cr-00092-MR-1 (W.D.N.C. Aug. 13, 2012). 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.*
<PAGE>
EXHIBIT 99.1


                           CERTIFICATIONS 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 Annual Report of SyndicationNet.com, Inc.
(the  "Company")  on  Form  10-KSB  for the period ending December 31, 2002, as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  the undersigned, Chief Executive Officer and Chief Financial Officer
of  the  Company,  certifies,  pursuant  to  18  U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley  Act  of  2002,  that:

(1)  The Report fully complies with the requirements of section 3(a) or 15(d) of
     the  Securities  and  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.



                         /s/ Vance Hartke
                         ______________________________________
                         By: Vance Hartke
                         Chief Executive Officer
                         April 11, 2003



<PAGE>


                           CERTIFICATIONS 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 Annual Report of SyndicationNet.com, Inc.
(the  "Company")  on  Form  10-KSB  for the period ending December 31, 2002, as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  the undersigned, Chief Executive Officer and Chief Financial Officer
of  the  Company,  certifies,  pursuant  to  18  U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley  Act  of  2002,  that:

(1)  The Report fully complies with the requirements of section 3(a) or 15(d) of
     the  Securities  and  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.



                         /s/ Cynthia White
                         ______________________________________
                         By: Cynthia White
                         Chief Financial Officer
                         April 11, 2003




<PAGE>
EXHIBIT 10.19.12



Addendum 8 To Master Services Agreement



Exult, Inc. (Service Provider) and Bank of America Corporation (Customer) are parties to that certain Master
Services Agreement dated as of November 21, 2000 (the Agreement) as amended by the Parties. This Addendum 8 to the Agreement (Addendum 8) is entered into by Service Provider and Customer as of October 6, 2003 (Addendum
8 Effective Date).



R E C I T A L S



WHEREAS, Service Provider acknowledges that Customer has informed Service
Provider that Customer is subject to the Gramm Leach Bliley Act and desires to increase its information security measures; and



WHEREAS, Service Provider is willing to enter into this Addendum 8 to set forth additional terms and conditions relating to its information security
program in connection with the Services provided to Customer pursuant to the Agreement.



NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:



The Agreement is hereby amended by this Addendum 8 to add Schedule V,
Information Security, to the Agreement.



For and in
consideration of the agreements set forth herein, Service Provider and Customer hereby enter into this Addendum 8 as of the Addendum 8 Effective Date.



|                            |  |                                   
|--------------------------- |  | ----------------------------------
|Bank of America Corporation
|                            | 
|By:                         |  | /s/    JEFF WALKER                
|                            |  |                                   
|Name:                       |  | Jeff Walker                       
|Title:                      |  | Senior VP, Personnel Services     
|                            | 
|By:                         |  | /s/    BETTY W. LUTHER            
|                            |  |                                   
|Name:                       |  | Betty W. Luther                   
|Title:                      |  | Senior VP, Supply Chain Management
|                           
|Exult, Inc.                
|                            | 
|By:                         |  | /s/    BARBARA WILLIAMS           
|                            |  |                                   
|Name:                       |  | Barbara Williams                  
|Title:                      |  | Vice President, Account Executive 



1



---

Schedule V



INFORMATION SECURITY



|1.0 | Information Security Program
|--- | ----------------------------



| | 1.1 | [***]
| | --- | -----
<PAGE>
                                                                    EXHIBIT 99.1




                                CERTIFICATION OF
                     PRESIDENT AND CHIEF FINANCIAL OFFICER
                             OF TBX RESOURCES, INC.
                       PURSUANT TO 18 U.S.C. SECTION 1350


         1. I, Tim Burroughs, President and Chief Financial Officer of TBX
Resources, Inc. (the "Company"), hereby certify to the best of my knowledge that
the accompanying report on Form 10-K for the period ending November 30, 2002 and
filed with the Securities and Exchange Commission on the date hereof pursuant to
Section 13 (a) of the Securities Exchange Act of 1934 (the "Report") by the
Company fully complies with the requirements of that section.

         2. I further certify to the best of my knowledge that the information
contained in the Report fairly presents, in all material aspects, the financial
conditions and results of operations of the Company.



                                           By:      /s/ TIM BURROUGHS
                                              -------------------------------
                                                    Name:  Tim Burroughs
                                                    Date:  March 5, 2003
#### Betty L. Kimmel, Respondent, v State of New York et al., Appellants, et al., Defendants.

[853 NYS2d 779]

Memorandum: Plaintiff, a former State Trooper, commenced this action in 1995 alleging that she was subjected to various acts of sexual discrimination, sexual harassment and retaliation and was exposed to a hostile work environment from 1979 to 1994. On appeal from a judgment awarding plaintiff damages after a jury trial, defendants-appellants (defendants) contend that Supreme Court erred in denying that part of their motion pursuant to CPLR 3211 (a) (5) seeking dismissal of the complaint as time-barred insofar as it alleges violations of the Human Rights Law (Executive Law art 15; *see*CPLR 214 [2]). As a preliminary matter, we note that defendants’ appeal from the judgment brings up for review “any non-final judgment or order which necessarily affects the final judgment” (CPLR 5501 [a] [1]; *see generally Matter of Aho,*39 NY2d 241, 248 [1976]), and thus we may properly review the contention of defendants with respect to the order denying that part of their motion entered on January 16, 1996. Nevertheless, we reject that contention. Accepting the allegations in the complaint as true and according plaintiff the benefit of every favorable inference, as we must in reviewing that part of defendants’ motion pursuant to CPLR 3211 (a) (5) *(see 190 Murray St. Assoc., LLC v City of Rochester,*19 AD3d 1116 [2005]), we conclude that the allegations in the complaint do not concern several discrete acts but, rather, they concern a hostile work environment, i.e., “a. series of separate acts that collectively constitute one ‘unlawful employment practice’ ” *(National Railroad Passenger Corpora*
      *1211
      *tion v Morgan,*536 US 101, 117 [2002]). We further conclude that plaintiff has alleged a continuing violation based on the allegations of “ ‘specific and related instances of discrimination [that were] permitted by [defendants] to continue unremedied for so long as to amount to a discriminatory policy or practice,’ ” and thus the three-year limitations period did not begin to run until the last discriminatory act, which allegedly occurred in December 1994 *(Clark v State of New York*[appeal No. 2], 302 AD2d 942, 945 [2003]). Present—Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.
Exhibit 99.1

Certification
of Chief Executive Officer underSection 906 of the Sarbanes-Oxley Act of 2002

I
hereby certify that the Annual Report on Form 10-K/A (Amendment No. 1) of OSullivan Industries, Inc.
for the fiscal year ended June 30, 2002 fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the
information contained in such annual report fairly presents, in all material respects,
the financial condition and results of operations of OSullivan Industries, Inc.

|Date:   August 29, 2003 |  |  | /s/ Richard D. Davidson              
|----------------------- |  |  | -------------------------------------
|                        |  |  |                                      
|                        |  |  | Richard D. Davidson                  
|                        |  |  | President and Chief Executive Officer
|                        |  |  |                                      

A signed original of this written
statement required by Section 906 has been provided to OSullivan Industries, Inc.
and will be retained by OSullivan Industries, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
EXHIBIT 10.15

AMENDMENT TO EMPLOYMENT AGREEMENT

THIS AMENDMENT is made and entered into as of March 11, 2005, by and between UbiquiTel Inc., a Delaware corporation (the "Company"), and Patricia E.
Knese, Senior Vice President, General Counsel and Secretary of the Company ("Executive"), and amends an Employment Agreement between the parties entered into and effective as of November 19,
2003 ("Employment Agreement").

The
parties agree as follows:

1.     Section 1.a.(2)(B)
of the Employment Agreement is amended by adding the words ", and notwithstanding anything to the contrary in any Incentive Stock Option
Agreement or Nonqualified Stock Option Agreement with the Company executed hereafter that grants incentive or nonqualified stock options to Executive," after the words "each as may be amended from
time to time" and before the words "any unexercised portion of the Options". As amended, Section 1.a.(2)(B) will read as follows (amended language underscored):



2.     In
all other respects the parties reaffirm the Employment Agreement without change.

IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date and year first above written.

| |  | UBIQUITEL INC.
| |  | --------------
| |  | By:           
| |  | Its:          
| |  | EXECUTIVE:    
| |  | By:           

---



QuickLinks
*

 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. 01-50972

 

THE ESTATE OF PAUL MORENO;

PAULA MORENO; MANUEL MORENO;

SANDRA MORENO, Individually

and as next friend of Josiah Moreno

and Melody Paula Moreno,

Plaintiffs-Appellants,

versus

DILLARD’S, INC.,

Defendant-Appellee.

 

Appeal from the United States District Court

For the Western District of Texas

 

(EP-01-CV-53-GE)

July 11, 2002

Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.

PER CURIAM:*

AFFIRMED. See 5TH CIR. R. 47.6.
#  Assignment of Reporting Functions Under the Supplemental Appropriations Act, 2009 

# Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Attorney General[, and] the Director of National Intelligence 

By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign the authority to perform the functions conferred upon the President by sections 319(a), (c), and (d) and sections 14103(d), (e), and (f) of the Supplemental Appropriations Act, 2009 (Public Law 111-32), as follows:

1.  To the Attorney General, of providing to the Congress the reports specified in sections 319(a), 319(c)(1)-(3), and 14103(f), as well as the plan specified in section 14103(d);

2. To the Director of National Intelligence, in consultation with the Secretary of Defense, of providing to the Congress the report specified in sections 319(a), 319(c)(4)-(5), and 319(d); and

3. To the Secretary of State, in consultation with the Secretary of Defense, of providing to the Congress the information specified in section 14103(e).

                    The Attorney General is authorized and directed to publish this memorandum in the                     *Federal Register*.                

[FR Doc. E9-17451

Billing code 4410-19-M
#### BISHOP & BABCOCK CO. v. BERNSTEIN et al.

(Circuit Court, S. D. New York.

June 25, 1903.)

Motion for Preliminary Injunction.

Hubert A. Banning, for plaintiff.

Otto Munk, for defendants.

LACOMBE, Circuit Judge.

It cannot fairly be said that there has been prior adjudication of this patent. In all former litigations decree went against defendants pro confesso. The earlier patents now put-in and the file wrapper and contents present questions which should be disposed of at-final hearing.

Motion is denied.
10.67 - Letter Agreement between the Registrant and Richard Rimer Aug 27









    


3903 Centerville Road, Wilmington, DE 19807  www.acornenergy.com  Tel: (302) 656-1707   Fax: (302) 656-1703








August 27, 2012


Mr. Richard Rimer
(via email)


Re:    Amendment and Extension of Consulting Agreement




Dear Richard:




This letter will serve to confirm that pursuant to action taken by the Compensation Committee (the “Committee”) of the Board of Directors of Acorn Energy, Inc. (the “Corporation”), the Committee authorized that your Consulting Agreement with the Corporation dated as of December 12, 2011(the “Agreement”) be amended to provide that the Term (as therein defined) shall extend through October 15, 2012, subject to any earlier termination as provided therein. Your fee for services for the period July 1 - October 15, 2012 shall be $73,000, payable as provided in the Agreement; provided, it is agreed that $42,000 of such amount shall be compensation for services performed by you from July 1, 2012 through August 31, 2012 and shall be paid to you promptly following execution by you of this letter. Except as herein amended, the Agreement shall continue in full force and effect and be deemed conformed to the terms of this Amendment.


Very truly yours,




By:                      
John A. Moore
President and CEO




ACCEPTED AND AGREED:




                    
Richard Rimer
0

5

10

15

20

25

30

35

1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006

0

5

10

15

20

25

30

35

Chart 5-5. Women continue to be more likely than men to 

work part time

Percent

NOTE: Shaded areas represent recessions. Data are seasonally adjusted. Beginning in 1994, data reflect the introduction of a major 

redesign of the Current Population Survey that included changes affecting the measurement of part-time workers. 

SOURCE: Bureau of Labor Statistics

Men

Women

Chart 5-5. Women continue to be more likely than men to 

work part time

• Women are more than twice as likely as men to work part time—that is, fewer 

than 35 hours per week. In 2006, about 25 percent of employed women were 

part-time workers, compared with 11 percent of employed men. 

• The upward shift in part-time employment in January 1994 was due to 

definitional and measurement changes associated with the redesign of the 

Current Population Survey. These changes in definitions and measurement had 

a greater impact on the data for women than for men.
# 2016 pop adjustment effect
<PAGE>
EXHIBIT 32

                            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 Annual Report of American Holding Investments, Inc. (the
"Company") on Form 10-KSB for the period ending December 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacity and on the date indicated below, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbane-Oxley Act of 2002, that:

     (1)  the Report fully complies with the requirement 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.


Date: 04/07/2006                              /s/ William Barber
                                              ------------------------
                                              William Barber
                                              President, Director
Table 4. Employment status by marital status and sex, 2009 annual averages

(Numbers in thousands)

 Civilian labor force 

 Employed Unemployed 

 Total 

Percent 

of 

population 

 Total 

 Percent 

of labor 

force 

Total

Total, 16 years of age and over... 235,801 154,142 65.4 139,877 59.3 14,265 9.3 81,659

 Married, spouse present........... 122,447 84,378 68.9 79,205 64.7 5,173 6.1 38,070

 Unmarried, total....................... 113,353 69,764 61.5 60,672 53.5 9,092 13.0 43,589

 Never married....................... 67,588 44,864 66.4 38,428 56.9 6,436 14.3 22,724

 Other marital status................ 45,766 24,900 54.4 22,244 48.6 2,656 10.7 20,865

 Divorced............................. 23,248 16,242 69.9 14,555 62.6 1,687 10.4 7,006

 Separated.......................... 8,342 5,767 69.1 5,043 60.4 725 12.6 2,575

 Widowed........................... 14,176 2,891 20.4 2,646 18.7 245 8.5 11,285

Women

Total, 16 years of age and over... 121,665 72,019 59.2 66,208 54.4 5,811 8.1 49,646

 Married, spouse present........... 60,675 37,264 61.4 35,207 58.0 2,057 5.5 23,411

 Unmarried, total...................... 60,990 34,755 57.0 31,001 50.8 3,754 10.8 26,235

 Never married...................... 31,500 20,224 64.2 17,800 56.5 2,424 12.0 11,276

 Other marital status............... 29,490 14,531 49.3 13,201 44.8 1,330 9.2 14,959

 Divorced............................ 13,534 9,310 68.8 8,507 62.9 804 8.6 4,223

 Separated.......................... 4,676 3,036 64.9 2,679 57.3 357 11.8 1,640

 Widowed........................... 11,280 2,185 19.4 2,015 17.9 169 7.7 9,096

Marital status and sex

 Civilian 

noninstitutional 

population 

 Not in 

labor 

force Total 

Percent 

of 

population 

Men

Total, 16 years of age and over... 114,136 82,123 72.0 73,670 64.5 8,453 10.3 32,013

 Married, spouse present........... 61,773 47,114 76.3 43,998 71.2 3,115 6.6 14,659

 Unmarried, total...................... 52,363 35,009 66.9 29,671 56.7 5,338 15.2 17,354

 Never married...................... 36,087 24,640 68.3 20,628 57.2 4,011 16.3 11,448

 Other marital status............... 16,275 10,370 63.7 9,043 55.6 1,326 12.8 5,906

 Divorced........................... 9,714 6,931 71.4 6,048 62.3 883 12.7 2,783

 Separated.......................... 3,666 2,731 74.5 2,364 64.5 368 13.5 934

 Widowed............................ 2,896 707 24.4 631 21.8 76 10.7 2,189

 SOURCE: Current Population Survey, U.S. Department of Labor, U.S. Bureau of Labor Statistics.

12
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 544 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 544

  To amend the Internal Revenue Code of 1986 to allow employers a tax 
                credit for hiring displaced homemakers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2003

Mr. Bilirakis introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to allow employers a tax 
                credit for hiring displaced homemakers.

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

SECTION 1. DISPLACED HOMEMAKERS ESTABLISHED AS A TARGETED GROUP FOR 
              PURPOSES OF COMPUTING THE CREDIT FOR EMPLOYMENT OF 
              CERTAIN NEW EMPLOYEES.

    (a) General Rule.--Paragraph (1) of section 51(d) of the Internal 
Revenue Code of 1986 (relating to members of targeted groups) is 
amended by striking ``or'' at the end of subparagraph (G), by striking 
the period at the end of subparagraph (H) and inserting ``, or'', and 
by adding at the end the following new subparagraph:
                    ``(I) a displaced homemaker.''
    (b) Displaced Homemaker Defined.--Section 51(d) of such Code 
(relating to members of targeted groups) is amended by redesignating 
paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), 
respectively, and by inserting after paragraph (9) the following new 
paragraph:
            ``(10) Displaced homemaker.--The term `displaced homemaker' 
        means an individual who--
                    ``(A) has not worked in the labor force for the 5-
                year period ending on the hiring date but has, during 
                such period, worked in the home providing unpaid 
                services for family members, and
                    ``(B)(i) has been dependent on public assistance or 
                on the income of another family member but is no longer 
                supported by that income, or
                    ``(ii) is receiving public assistance on account of 
                dependent children in the home.''
    (c) Termination Not To Apply.--Paragraph (4) of section 51(c) of 
such Code (relating to termination) is amended by adding at the end 
thereof the following flush sentence:
        ``The preceding sentence shall not apply in the case of any 
        displaced homemaker.''
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after the date of enactment of this 
Act to individuals who begin work for the employer after such date.
                                 <all>
```