alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Sheldon HICKS, Defendant-Appellant.

No. 06-5599-cr.

United States Court of Appeals, Second Circuit.

June 20, 2008.

*46David Samel, New York, NY, for Appellant.

Peter A. Norling, Assistant United States Attorney (Benton J. Campbell, United States Attorney for the Eastern District of New York, on the brief, William Campos, of counsel), United States Attorney’s Office for the Eastern District of New York, Brooklyn, NY, for Appellee.

PRESENT: Hon. DENNIS JACOBS, Chief Judge, Hon. ROSEMARY S. POOLER, Circuit Judge, Hon. JANE A. RESTANI,* Judge.

*

 The Honorable Jane A. Restani, Chief Judge of the United States Court of International Trade, sitting by designation.

*SUMMARY ORDER*

Defendant-Appellant Sheldon Hicks appeals from a judgment entered on December 6, 2006, following his plea in the United States District Court for the Eastern District of New York (Korman, *J.)*to bank robbery, in violation of 18 U.S.C. § 2113. Hicks’ sentence included restitution in the amount of $335,384, which is all that Hicks challenges on appeal. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.

Hicks’s wife (and co-defendant) worked at a North Fork Bank branch in Richmond, Queens. Through her, Hicks knew the bank employees’ schedule for retrieving deposits from the bank’s ATM. Hicks relayed that information to accomplices, who then robbed a bank employee and two guards. A guard, who was shot at close range, suffered life-threatening injuries.

Hicks argues that the restitution order rests on insufficient evidence of the victim’s medical expenses, and therefore runs afoul of the Mandatory Victim Restitution Act, 18 U.S.C. § 3663A (“MVRA”). Since Hicks failed to object to the restitution order in the court below, we review for plain error. *United States v. Nucci,*364 F.3d 419, 421 (2d Cir.2004).

The District Court did not plainly err in fashioning the restitution order. The presentence report described the victim’s affidavit of loss and listed his reported expenses by category (medical expenses, physical therapy, and lost income). This information satisfied both the MVRA, 18 U.S.C. § 3664(a), and Fed.R.Crim.P. 32(c)(1)(B).

*47Hicks also argues that the restitution order runs afoul of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and its progeny. We rejected the same argument in *United States v. Reifler,*446 F.3d 65, 113-20 (2d Cir.2006), and decline to revisit that decision here.

We have considered Hicks’s remaining claims and find them to be without merit. For the reasons set forth above, the judgment of the district court is hereby AFFIRMED.
Exhibit 32





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


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-K of American Capital Senior Floating, Ltd. (the “Company”), for the fiscal year ended December 31, 2016 , as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Kevin Braddish as Chief Executive Officer of the Company, and Penni F. Roll, as Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, respectively, that:





|   |                                                                                                             
|-- | ------------------------------------------------------------------------------------------------------------
|1. | The Report fully complies with the requirements of Section 13(a) 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/ Kevin BraddishName:Kevin BraddishTitle:President and Chief Executive Officer (Principal Executive Officer)Date:March 9, 2017/s/ Penni F. RollName:Penni F. RollTitle:Chief Financial Officer (Principal Financial Officer)Date:March 9, 2017





The certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. 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.
IN THE SUPREME COURT OF TEXAS

-- -- -- --

NO. 15-0551

NEXION HEALTH AT GARLAND,

INC. D/B/A PLEASANT VALLEY

HEALTHCARE AND

REHABILITATION CENTER

v.

CHRISTINE TOWNSEND,

INDIVIDUALLY AND AS THE

PERSONAL REPRESENTATIVE

ON BEHALF OF THE ESTATE OF

ROSALINDA SAGER

§

§

§

§

§

§

Dallas County,

5th District.

October 9, 2015

Petitioner's petition for review, filed herein in the above numbered and styled case,

having been duly considered, is ordered, and hereby is, denied.



I, BLAKE A. HAWTHORNE, Clerk of the Supreme Court of Texas, do hereby certify

that the above and attached is a true and correct copy of the orders of the Supreme Court of

Texas in the case numbered and styled as above, as the same appear of record in the minutes of

said Court under the date shown.

It is further ordered that petitioner, NEXION HEALTH AT GARLAND, INC. D/B/A

PLEASANT VALLEY HEALTHCARE AND REHABILITATION CENTER, pay all costs

incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this

the 19th day of November, 2015.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk

FILE COPY
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
                    THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
                    EXTRACTED FROM THE UNAUDITED CONSOLIDATED FINANCIAL
                    STATEMENT OF ALYN CORPORATION FOR THE NINE MONTH PERIOD
                    ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY
                    BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                              <C>          
<PERIOD-TYPE>                    9-Mos        
<FISCAL-YEAR-END>                Dec-31-1997  
<PERIOD-END>                     Sep-30-1997  
<CASH>                           10,747,000
<SECURITIES>                     0
<RECEIVABLES>                    81,000
<ALLOWANCES>                     25,000      
<INVENTORY>                      131,000      
<CURRENT-ASSETS>                 11,253,000
<PP&E>                           12,954,000
<DEPRECIATION>                   359,949
<TOTAL-ASSETS>                   27,050,000      
<CURRENT-LIABILITIES>            305,000      
<BONDS>                          0      
<PREFERRED-MANDATORY>            0      
<PREFERRED>                      0      
<COMMON>                         11,000      
<OTHER-SE>                       26,745,000
<TOTAL-LIABILITY-AND-EQUITY>     27,050,000
<SALES>                          273,000
<TOTAL-REVENUES>                 332,000
<CGS>                            299,000
<TOTAL-COSTS>                    299,000
<OTHER-EXPENSES>                 5,037,000
<LOSS-PROVISION>                 23,302
<INTEREST-EXPENSE>               (695,000)      
<INCOME-PRETAX>                  (4,309,000)      
<INCOME-TAX>                     12,000
<INCOME-CONTINUING>              (4,321,000)      
<DISCONTINUED>                   0      
<EXTRAORDINARY>                  0      
<CHANGES>                        0      
<NET-INCOME>                     (4,321,000)     
<EPS-PRIMARY>                    (0.40)  
<EPS-DILUTED>                    (0.40)  
                                  

</TABLE>
Exhibit 10-4-5






Exhibit
10-4-5



GANNETT CO., INC.

DEFERRED COMPENSATION PLAN

RULES FOR POST-2004 DEFERRALS




Restated as of January 1, 2005




Amendment No. 4 




Gannett Co., Inc. hereby makes the following clarifying amendments to the Gannett Co., Inc.
Deferred Compensation Plan Rules for Post-2004 Deferrals, restated as of January 1, 2005 (the
“Plan”), as follows:



1. The first sentence of Section 2.9(j) and the first sentence of the second paragraph of
Section 5.7 of the Plan is amended by deleting the reference to “or Disability”.



2. Section 3.4 of the Plan is amended by adding the following provisions to the end of such
Section:




Any reference in this Plan to “separation from service”, “retirement”, “cessation of
employment”, “termination of employment”, “termination of employment with the Company”,
“directorship termination”, “retirement from the Board”, “Director leaves the Board”,
“cessation of employment with the Company or any Participating Affiliate” or similar term
shall mean a “separation from service” within the meaning of Section 409A.



IN WITNESS WHEREOF, Gannett Co., Inc. has caused this Amendment to be executed by its duly
authorized officer as of December 22, 2010.



	 	 	 	 	 
	 	

GANNETT CO., INC.

 	 
	 	By:  	
/s/ Roxanne V. Horning
 	 
	 	 	Name:  	Roxanne V. Horning 	 
	 	 	Title:  	Senior Vice President/Human Resources
NO. 07-10-0418-CR

NO. 07-10-0419-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL B

	FEBRUARY 14, 2011

	______________________________

	BRYANT KESSLER JONES,

Appellant

	V.

	THE STATE OF TEXAS,

Appellees

	______________________________

	FROM THE CRIMINAL DISTRICT COURT NO. TWO OF TARRANT COUNTY;

	NOS. 1207009R and 1208348R; HON. WAYNE SALVANT, PRESIDING

	_______________________________

***ON ABATEMENT AND REMAND***

	_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK , JJ.

Appellant Bryant Kessler Jones appeals from his convictions for the offenses of engaging in organized criminal activity, to-wit:  murder and aggravated assault with a deadly weapon, a firearm.  On November 4, 2010, the clerks record was filed.  The reporters record was due on January 18, 2011.  On January 25, 2011, this Court notified the reporter by letter that the record in each case had not been filed and to advise the Court of the status of the record on or before February 4, 2011.  To date, no status of the records nor reporters records have been filed.

Accordingly, we abate this appeal and remand the cause to the Criminal District Court No. 2 of Tarrant County (trial court) for further proceedings.  Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine:

when the reporters records can reasonably be transcribed into written form and filed in a manner that does not further delay the prosecution of this appeal or have the practical effect of depriving the appellant of his right to appeal.

The trial court shall cause the hearing to be transcribed.  So too shall it 1) execute findings of fact and conclusions of law addressing the foregoing issue, 2) cause to be developed a supplemental clerks record containing its findings of fact and conclusions of law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be developed a reporters record transcribing the evidence and arguments presented at the aforementioned hearing, if any.  Additionally, the district court shall then file the supplemental clerks and reporters records transcribing the hearing with the clerk of this court on or before March 16, 2011.  Should further time be needed by the trial court to perform these tasks, then same must be requested before March 16, 2011.

It is so ordered.

Per Curiam

Do not publish.

2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7427

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ANTONIO LAMONT LIGHTFOOT,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CR99-409-PJM, CA-00-4357)

Submitted: December 11, 2003 Decided: December 23, 2003

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Antonio Lamont Lightfoot, Appellant Pro Se. Odessa Palmer Jackson,

OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Antonio Lamont Lightfoot seeks to appeal the district court’s

order denying relief on his motion filed under 28 U.S.C. § 2255

(2000). An appeal may not be taken from the final order in a § 2255

proceeding unless a circuit justice or judge issues a certificate

of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of

appealability will not issue absent “a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.

Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently

reviewed the record and conclude that Lightfoot has not made the

requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. 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. 

DISMISSED
**Exhibit 31.1**
**CERTIFICATION**
I, William G. Hargett, certify that:
1. I have reviewed Amendment No. 1 to this Quarterly Reporton Form 10-Q/A of The HoustonExploration Company; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 a) Designed such disclosure controls and procedures, or caused suchdisclosure 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 otherswithin those entities, particularly during the period in which thisreport is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
 a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting.
Date: November 24, 2004    /s/ William G.Hargett   William G. Hargett Chairman, President and Chief Executive Officer
**Exhibit 23.2** **Consent    of Independent Registered Public Accounting Firm** We consent to the incorporation by reference in this Annual Report (Form 10-K) of First CommunityBancshares, Inc. of our report dated March 3, 2006, with respect to the consolidated financialstatements relative to the year ended December 31, 2005 of First Community Bancshares, Inc. andsubsidiaries, included in this 2007 Annual Report (Form 10-K).We consent to the incorporation by reference in the following Registration Statements: (1) Registration Statement pertaining to the 2004 Omnibus Stock Option Plan (Form S-8, No. 333-120376)of First Community Bancshares, Inc.,  (2) Registration Statement pertaining to the 2001 Directors Stock Option Plan (Form S-8, No.333-75222) of First Community Bancshares, Inc.,  (3) Registration Statement pertaining to the 1999 Stock Option Plan (Form S-8, No. 333-31338) ofFirst Community Bancshares, Inc.,  (4) Registration Statement pertaining to the Employee Stock Ownership and Savings Plan (Form S-8, No.333-63865) of First Community Bancshares, Inc.,  (5) Registration Statement pertaining to the registration of 92,094 shares of common stock (Form S-3,No. 333-148279) of First Community Bancshares, Inc.,  (6) Registration Statement pertaining to the registration of 79,111 shares of common stock (Form S-3,No. 333-142558) of First Community Bancshares, Inc.;of our report dated March 3, 2006, with respect to the consolidated financial statements relative tothe year ended December 31, 2005, of First Community Bancshares, Inc. and subsidiaries included inthis Annual Report (Form 10-K) for the year ended December 31, 2007.
Exhibit
32.2




CFO
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 Emclaire Financial Corp. (the
“Corporation”) on Form 10-K for the year ending December 31, 2007 as filed
with the Securities and Exchange Commission on the date here (the “Report”), I,
William C. Marsh, Treasurer and Chief Financial Officer of the Corporation,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 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 result of operations of the
      Corporation.




/s/William C.
Marsh


William C.
Marsh


Chief
Financial Officer


Treasurer


March 24,
2008
<PAGE>   1
                                                                      EXHIBIT 23


                          INDEPENDENT AUDITORS' CONSENT


To the Partners of 
TEPPCO Partners, L.P.:

We consent to incorporation by reference in the registration statement (No.
33-81976) on Form S-3 of TEPPCO Partners, L.P. of our report dated January 15,
1999, relating to the consolidated balance sheets of TEPPCO Partners, L.P. as of
December 31, 1998 and 1997, and the related consolidated statements of income,
partners' capital, and cash flows for each of the years in the three-year period
ended December 31, 1998, which report appears in the December 31, 1998, annual
report on Form 10-K of TEPPCO Partners, L.P.



                                                     KPMG LLP

Houston, Texas
March 10, 1999
exv10w14







	 	 	 	 	 



Exhibit 10.14




AMENDMENT NO. 1 TO THE




COMMUNITY HEALTH SYSTEMS, INC.



2004 EMPLOYEE PERFORMANCE INCENTIVE PLAN




THIS AMENDMENT NO. 1 TO THE COMMUNITY HEALTH SYSTEMS, INC. 2004 EMPLOYEE PERFORMANCE INCENTIVE
PLAN, dated as of December 8, 2010 (the “Amendment”), amends the Community Health Systems, Inc.
2004 Employee Performance Incentive Plan, amended and restated as of March 24, 2009 (the “Plan”).



     Unless otherwise defined in this Amendment, capitalized terms shall have the meanings assigned to
such terms in the Plan.




	 	1.	 	The Plan is hereby amended as follows:
	 
	 	 	 	The text of Section 5.7 of the Plan is hereby deleted in its entirety and the following text
is substituted in its place:
	 
	 	 	 	Except as provided in Section 5.8, no Award shall be paid to a Participant who is not
employed by the Company on the last day of the Fiscal Year for which an Award is to be or
was earned.
	 
	 	 	 	The text of Section 5.9 of the Plan is hereby deleted in its entirety and the following text
is substituted in its place:
	 
	 	 	 	Notwithstanding anything contained in the Plan to the contrary, the Plan Administrator, or
in the case of a Covered Employee, the Committee, in its sole discretion may reduce any
Award whose Performance Objectives are based on one or more of the “qualitative performance
criteria” listed in Section 4.4(2) for any Participant to any amount, including zero, prior
to the end of the Fiscal Year for which such Award is earned.
	 
	 	2.	 	Except as amended hereby, the Plan shall remain unmodified and in full force and
effect.





     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly
authorized officer as of the 8th day of December, 2010, being the date the Amendment
was approved and adopted by the Board of Directors.



	 	 	 	 	 
	 	COMMUNITY HEALTH SYSTEMS, INC.

 	 
	 	By:  	/s/ W. Larry Cash
 	 
	 	Name:  	W. Larry Cash 	 
	 	Title:  	Executive Vice President & Chief
Financial Officer