alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 7139

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. CARLOS MCCLAMMY, a/k/a Carlos T. McClammy , Defendant

- Appellant

. Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. Henry E. Hudson, Senior District Judge. ( 3:14

- cr - 00004

- HEH

- DJN

- 1 ; 3:15

- cv - 00277

- HEH

- DJN )

Submitted : March 16, 2020 Decided: April 16, 2020

Before HARRIS and QUATTLEBAUM , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Vacated and remanded by un published per curiam opinion

. Mary K. Martin , MARY K. MARTIN, ATTORNEY AT LAW , Hopewell, Virginia, for Appellant. Aidan Taft Grano, Assistant U nited S tates Attorney , Alexandria, Virginia , Erik Sean Siebert , OFFICE OF THE UNITED STATES ATTORNEY , Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Carlos McClammy appeal s the district court’s ord er denying as futile his motions to amend and denying relief on his 28 U.S.C. § 225 5 (201 8 ) motion. We granted a certificate of appealability on the issue of whether, in light of United States v. Davis , 139
S. Ct. 2319 (2019), the district court erred in denying the motions to amend by determining that McClammy’s challenge to his 18 U.S.C. § 924(c) (2018) conviction in Count 4 was untimely. The Government now elects to waive its timeliness challenge to McClammy’s claim but suggests that we can affirm on the alternative ground that amendment would be futile because McClammy’s vagueness challenge to Count 4 i s procedurally defaulted. McClammy disputes that his claim is futile and contends that remand to the district court is necessary for development of the record. “[ M ] indful that we are a court of review, not of first view , ” Lovelace v. Lee , 472 F.3d 174, 203 (4th Cir. 2006) (internal quotation marks omitted) , we vacate the district court’s order and rem and for further proceedings. We express no opinion on the ultimate resolution of McClammy’s Davis claims. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument woul d not aid the decisional process.
VACATED AND REMANDED
Exhibit 99.1









March 22, 2002

U.S. Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C.  20549



Ladies and Gentlemen:

In a letter dated March 22, 2002, our independent public accountants, Arthur Andersen LLP ("Andersen"), represented to us that their audit of the financial statements of Wisconsin Electric Power Company as of December 31, 2001 and for the year then ended was subject to Andersen's quality control system for their U.S. accounting and auditing practice to provide reasonable assurance that their engagement was conducted in compliance with professional standards and that there was appropriate continuity of Andersen personnel working on the audit and availability of national office consultation.  Availability of personnel at foreign affiliates of Andersen is not relevant to the audit.



Very truly yours,



/s/STEPHEN. P. DICKSONStephen P. Dickson -- Controller
and Principal Accounting Officer
IV 

108TH CONGRESS 

1ST SESSION H. RES. 324

Relating to a question of the privileges of the House. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2003

Ms. PELOSI submitted the following resolution 

RESOLUTION

Relating to a question of the privileges of the House.

Whereas during a meeting of the Committee on Ways and 

Means on July 18, 2003, for the consideration of the bill 

H.R. 1776, the chairman of the Committee on Ways and 

Means offered an amendment in the nature of a substitute; 

Whereas during the reading of that amendment the chairman 

of the Ways and Means Committee directed majority 

staff of the committee to ask the United States Capitol 

Police to remove minority-party members of the committee from a room of the committee during the meeting, 

causing the United States Capitol Police thereupon to 

confront the minority-party members of the committee; 

and 

Whereas pending a unanimous-consent request to dispense 

with the reading of that amendment the chairman delib-
2

HRES 324 IH 

erately and improperly refused to recognize a legitimate 

and timely objection by a member of the committee: Now, 

therefore, be it

1 Resolved, That the House of Representatives dis2 approves of the manner in which Representative Thomas 

3 conducted the markup of legislation in the Committee on 

4 Ways and Means on July 18, 2003, and finds that the 

5 bill considered at that markup was not validly ordered re6 ported to the House.

Æ
exv10w68











Exhibit 10.68




March __, 2009




[Name]

[Title]

Cytokinetics, Incorporated

280 East Grand Ave.

South San Francisco, CA 94080




Re: Amendment No. 1 to Amended and Restated Executive Employment Agreement




Dear                     ,



As you know, Cytokinetics, Incorporated (the “Company”) and you (“Executive”) are
parties to that certain Amended and Restated Executive Employment Agreement effective [date] (the
“Agreement”). By this letter amendment, the parties agree to amend the Agreement as
described below in order to comply with Internal Revenue Code Section 409A, effective as of January
1, 2009:





	1.	 	Section 9(b)(i) of the Agreement is hereby deleted in its entirety and replaced with the
following:
	 
	 	 	“To receive any of the severance payment, vesting acceleration and benefits described in
section 9(a), the release described in Section 9(a)(Y) must be entered into and must not be
revoked by the Employee within the fifty-two (52) day period following the termination of
the Executive’s employment. No severance pursuant to Section 9(a) shall be paid or provided
until the release becomes effective. Any severance payment, acceleration and benefits to
which Executive otherwise would have been entitled under Section 9(a) during such fifty-two
(52) day period shall be paid or provided, as applicable, by the Company to Executive in
full arrears on the fifty-third (53rd) day following Executive’s employment
termination date or such later date as is required to avoid the imposition of additional
taxes under Section 409A. Any other severance payments and benefits will be paid or
provided, as applicable, by the Company to the Executive in accordance with normal payroll
policies as provided in Section 9(a). If Executive should die before all amounts have been
paid, such unpaid amounts will be paid in a lump-sum payment to Executive’s designated
beneficiary, if living, or otherwise to the personal representative of Executive’s estate.”




Any capitalized terms used herein and not otherwise defined herein will have the meaning ascribed
in the Agreement. Except as expressly set forth herein, all of the terms of the Agreement will
remain in full force and effect.




 









 







Please so indicate your acceptance of the foregoing by signing this letter amendment in the
appropriate signature line below, and return such signed copy to David Cragg, Vice President, Human
Resources at your earliest convenience.




	 	 	 	 	 	 	 
	Sincerely,
	 	 	 	 	 	 
	 	 	Agreed and accepted:	 	 
	 
	 	 	 	 	 	 
	 

	 	By:	 	 	 	 
	 

	 	 	 	 

	 	 
	Robert I. Blum
	 	 	 	 	 	 
	President and CEO

	 	Date:	 	 	 	 
	 

	 	 	 	 

	 	 







Page 2 of 2
Exhibit
      32.2








**Certification
      Pursuant to 18 U.S.C. Section 1350**


**(Adopted
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)**








In
      connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc.
      (the “Company”) for the quarter ending September 30, 2005, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), John E.
      Baker, as Senior Vice President & Chief Financial Officer of the Company,
      hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
      the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:





(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.





Dated:
      November 10, 2005











/s/
      John E. Baker


John
      E.
      Baker


Senior
      Vice President &


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.





This
      certification shall not be deemed filed by the Company for purposes of § 18 of
      the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 31 Introduced in House (IH)]

108th CONGRESS
  1st Session
H. RES. 31

 Congratulating the Tampa Bay Buccaneers for winning Super Bowl XXXVII.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2003

Mr. Davis of Florida (for himself, Mr. Young of Florida, Mr. Bilirakis, 
Ms. Ginny Brown-Waite of Florida, Ms. Harris, and Mr. Putnam) submitted 
   the following resolution; which was referred to the Committee on 
                           Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Congratulating the Tampa Bay Buccaneers for winning Super Bowl XXXVII.

Whereas, on Sunday, January 26, 2003, the Tampa Bay Buccaneers dominated Super 
        Bowl XXXVII, defeating the Oakland Raiders by a score of 48-21;
Whereas the 27-year-old Buccaneers franchise won the National Football League's 
        World Championship in their first-ever Super Bowl appearance;
Whereas coach Jon Gruden, in his first year as head coach of the Buccaneers, led 
        the team to the pinnacle of success;
Whereas the Buccaneers overcame adversity and defeated the Oakland Raiders, a 
        team credited with possessing the number-one ranked offense in the 
        National Football League;
Whereas throughout the season the Buccaneers were led by a number of players, 
        most notably veterans Warren Sapp, Derrick Brooks and John Lynch, who 
        banded together to form the number-one ranked defense in the National 
        Football League;
Whereas owner Malcolm Glazer's unwavering dedication to bringing together the 
        most talented coaches and players has resulted in the achievement of the 
        most sought-after honor in professional football: the Vince Lombardi 
        trophy;
Whereas the Buccaneers are an integral part of the Tampa Bay community;
Whereas the entire Tampa Bay community is proud of the Buccaneers and their 
        extraordinary season and tremendous accomplishment;
Whereas this championship is especially satisfying to the dedicated Buccaneers 
        fans who have loyally supported the team since their inception in 1976; 
        a very long journey that has culminated in a Super Bowl victory and the 
        recognition that the Buccaneers are the best football team in the world: 
        Now, therefore, be it
    Resolved, That the House of Representatives congratulates the World 
Champion Tampa Bay Buccaneers for their victory in Super Bowl XXXVII.
                                 <all>
```
### JUDGMENT 

## Court of Appeals First District of Texas

NO. 01

- 14

- 00809

- CR

RODYS A. SANCHEZ , Appellant

V.

THE STATE OF TEXAS , Appellee
Appeal from the 263rd District Court of Harris County. (Tr. Ct. No. 140 0 848 ).

This case is an appeal from the final judgment signed by the trial court on September 17, 2014. After submitting the case on the appellate record and the arguments properly raised by the parties, the Court holds th at the trial court’s judgment contains no reversible error. Accordingly, the Court affirms the trial court’s judgment.

The Court orders that this decision be certified below for observance.

Judgment rendered November 24 , 2015.

Panel consists of Justices Keyes, Massengale, and Lloyd. Opinion delivered by Justice Keyes.
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 The Buckle, Inc. (the “Company”) on Form 10-Q for the period ended October
31, 2009, as filed with the Securities and Exchange Commission on the date
hereof (the “Report”), I, Dennis H. Nelson, Chief Executive Officer of the
Company, certify, 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 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.




/s/ DENNIS H. NELSONDennis
      H. NelsonChief
      Executive Officer(principal
      executive officer)December
      10, 2009
* 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. 00-41109

Conference Calendar

 

OSCAR MARTINEZ,

Petitioner-Appellant,

versus

EARNEST V. CHANDLER, Warden,

Respondent-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:00-CV-541

- - - - - - - - - -

December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Oscar Martinez, federal prisoner # 43662-080, was convicted

of aiding and abetting the distribution of in excess of 100

kilograms of marihuana. He appeals the district court’s

dismissal of his 28 U.S.C. § 2241 petition, arguing that he

qualifies for relief under the savings clause of 28 U.S.C.

§ 2255. He asserts that his sentence is invalid under Apprendi

v. New Jersey, 530 U.S. 466 (2002), and argues for the first time
No. 00-41109 

-2-

on appeal that his inability to proceed under 28 U.S.C. § 2255

violates the Suspension Clause. 

This court has recently held that Apprendi does not apply

retroactively to cases on collateral review and that an Apprendi

claim does not satisfy the requirements for filing a 28 U.S.C.

§ 2241 petition under the savings clause. See Wesson v. U.S.

Penitentiary, Beaumont, TX, 305 F.3d 343, 347-48 (5th Cir. 2002). 

Martinez’s Suspension Clause argument was not raised below and is

without merit. See Leverette v. Louisville Ladder Co., 183 F.3d

339, 342 (5th Cir. 1999); Turner v. Johnson, 177 F.3d 390, 392

(5th Cir. 1999). 

Accordingly, the district court's dismissal of Martinez’s

petition is AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                      20,229,000
<SECURITIES>                                         0
<RECEIVABLES>                               24,768,000
<ALLOWANCES>                                  (922,000)
<INVENTORY>                                    588,000
<CURRENT-ASSETS>                            49,650,000
<PP&E>                                      16,686,000
<DEPRECIATION>                             (11,599,000)
<TOTAL-ASSETS>                              64,123,000
<CURRENT-LIABILITIES>                       24,326,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        92,000
<OTHER-SE>                                  37,282,000
<TOTAL-LIABILITY-AND-EQUITY>                64,123,000
<SALES>                                     17,840,000
<TOTAL-REVENUES>                            17,840,000
<CGS>                                       13,299,000
<TOTAL-COSTS>                               13,299,000
<OTHER-EXPENSES>                             6,396,000
<LOSS-PROVISION>                                13,000
<INTEREST-EXPENSE>                            (249,000)
<INCOME-PRETAX>                                  1,000
<INCOME-TAX>                                       410
<INCOME-CONTINUING>                                590
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       590
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
No. 603.

#### First Iowa Hydro-Electric Cooperative *v.*Federal Power Commission et al.

May 27, 1946.

328 U. S.152.
No. 1239.

#### Sylvania Industrial Corp. et al. *v.*Libbey-Owens-Ford Glass Co.

June 3, 1946.

*Charles H. Howson, Dexter N. Shaw*and *William A. Smith, Jr.*for petitioners.

*Alan N. Mann, William D. Burrows*and *Stuart S. Wall*for respondent.

Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied.
###                                     THRIVENT MUTUAL FUNDS
Exhibit 32.2

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 on Form 10-Q of Cynosure, Inc. (the Company) for the period ended March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the Report), the undersigned, Timothy W. Baker, Executive Vice President, Chief Financial Officer and Treasurer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, that, to his knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |                                                                
|----------------- |  |  |  | ---------------------------------------------------------------
|Date: May 8, 2009 |  |  |  | /s/    Timothy W.
Baker                                        
|                  |  |  |  | Timothy W. Baker                                               
|                  |  |  |  | Executive Vice President, Chief Financial Officer and Treasurer
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT






EXHIBIT 10.40




FIRST AMENDMENT TO EMPLOYMENT AGREEMENT




     This First Amendment to Employment Agreement (“First Amendment”) is executed as of this 12th
day of March, 2009, by and between TomoTherapy Incorporated, a Wisconsin corporation (the
“Company”), and Stephen C. Hathaway, an individual (“Employee”).



RECITALS




     The Employee had previously announced his intention to retire effective March 31, 2009, with
the Employment Agreement entered into between the parties on November 5, 2008 (“Employment
Agreement”) expiring by its terms on that same date.



     The parties now desire to continue Employee’s employment beyond March 31, 2009, until such
time as Employee’s successor is appointed, on the terms and conditions set forth herein.



     NOW, THEREFORE, in consideration of the premises and the mutual agreements and covenants
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by the Company and Employee,



     IT IS HEREBY AGREED AS FOLLOWS:




	 	1.	 	Article 1.1 of the Employment Agreement is deleted in its entirety and the
following is inserted in its place:
	 
	 	 	 	The Company employs Employee, and Employee accepts employment by the Company, for the
period commencing on the date hereof and continuing on a month-to-month basis, subject
to earlier termination as hereinafter set forth in Article III (the “Employment
Term”). Upon agreement of the parties, or upon thirty days’ prior written notice
of intention by one party to the other of an intention to terminate the Employment
Term, Employee’s employment with the Company, and the Company’s obligations hereunder
shall terminate. In any event, the termination of employment shall be considered a
Termination upon Retirement as set forth in Article 3.1(e), and the requirement of 90
days notice of retirement as required by Article 3.1(e) is not valid.
	 
	 	2.	 	Article 2.2 of the Employment Agreement is deleted in its entirety and the
following is inserted in its place:
	 
	 	 	 	Should Employee’s employment be terminated by agreement of the parties or at the
request of the Company, Employee will be entitled to receive a stay bonus equal to
$140,000 pro-rated by the number of days Employee is employed in calendar year 2009.
Such bonus shall be a lump sum payment




 









 






	 	 	 	made within thirty days of Employee’s last day of work, and shall be paid less any
applicable required payroll deductions. Employee will not be entitled to any bonus if
he terminates employment earlier than agreed to by the Company.




All other provisions of the Employment Agreement are not altered by this First Amendment and remain
in full force and effect.



     IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year
written above.



	 	 	 
	EMPLOYEE:

	 	COMPANY:
	Stephen C. Hathaway

	 	TomoTherapy Incorporated
	/s/ Stephen C. Hathaway

	 	By: /s/ Frederick A. Robertson, M.D.
	 

	 	 
	 

	 	Frederick A. Robertson, M.D.
	 

	 	Chief Executive Officer