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

**No. 15**  **- 6498** 

BRANDON MICHAEL CRAWFORD , Petitioner

- Appellant ,

v. EDDIE L. PEARSON, Warden, Greensville Correctional Center , Respondent

- Appellee

.

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

. T. S. Ellis , III, Senior District Judge. ( 1:13

- cv - 00773

- TSE

- JFA )

Submitted : June 6, 2016 Decided: June 16, 2016

Before SHEDD, WYNN, and HARRIS , Circuit Judges.

Vacated and remanded by un published per curiam opinion

. Michael Anthony Petrino , KIRKLAND & ELLIS, LLP , Washington, D.C., for Appellant. Craig Stallard, Assistant Attorney General , R ichmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Brandon Michael Crawford seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2012) petition seeking to challenge his Virginia sentence of mandatory life without parole under Miller v. Alabama , 132 S. Ct. 2455 (2012). * The district court concluded that Miller was not retroactively applicable to cases on collateral review for purposes of 28 U.S.C. § 2244(d)(1)(C) (20 12). Subsequent to the district court’s decision, the Supreme Court held in Montgomery v. Louisiana , 136 S. Ct. 718, 732 (2016), that “ Miller announced a new substantive rule that is retroactive in cases on collateral review.” Because the district court did not have the benefit of this decision, we grant a certificate of appealability, vacate the judgment, and remand for further proceedings in light of Montgomery . We express no opinion as to the merits of Crawford’s petition. We dispense with oral

argum ent because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED

* Crawford received this mandatory life sentence for two counts of capital murder; he was 17 at the time he committed the offenses.
**Exhibit 32.1**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the annual report of Medicis Pharmaceutical Corporation (the “Company”) onForm 10-K for the fiscal year ended June 30, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Jonah Shacknai, Chief Executive Officer of theCompany, certify to the best of my knowledge, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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) ofthe Securities Exchange Act of 1934; and(2) The information contained in the Report fairly presents, in all materialrespects, the financial conditions and results of operations of the Company for theperiods presented.   /s/ JONAH SHACKNAI     Jonah Shacknai  Chief Executive Officer  September 12, 2005  A signed original of this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section 906, has been providedto Medicis Pharmaceutical Corporation and will be retained by Medicis Pharmaceutical Corporationand furnished to the Securities and Exchange Commission or its staff upon request.This certification accompanies this Report on Form 10-K pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemedfiled by the Company for purpose of Section 18 of the Securities Exchange Act of 1934, as amended(the “Exchange Act”). Such certification will not be deemed to be incorporated by reference intoany filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extentthat the Company specifically incorporates it by reference.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3203 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3203

  To amend section 513 of the Federal Food, Drug, and Cosmetic Act to 
expedite the process for requesting de novo classification of a device.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 14, 2011

 Mr. Bilbray (for himself, Mrs. Blackburn, Mr. Lance, Mr. Burgess, Mr. 
 Paulsen, Mrs. Capps, Mr. Guthrie, Mr. Hunter, Mr. Dent, Mr. Stearns, 
 Mr. Latta, and Mr. Shimkus) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend section 513 of the Federal Food, Drug, and Cosmetic Act to 
expedite the process for requesting de novo classification of a device.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Novel Device Regulatory Relief Act 
of 2011''.

SEC. 2. MODIFICATION OF DE NOVO APPLICATION PROCESS.

    (a) In General.--Section 513(f)(2)(A) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 360c(f)(2)(A)) is amended--
            (1) by striking ``(A) Any person'' and all that follows 
        through ``to classify'' and inserting ``(A)(i) Any person 
        introducing or delivering for introduction into interstate 
        commerce for commercial distribution a device intended for 
        human use may request that the Secretary classify''; and
            (2) by inserting after ``classification.'' the following:
    ``(ii) A person may submit a request under clause (i) without 
regard to whether such person has received written notice of 
classification into class III under paragraph (1).''.
    (b) Conforming Amendment.--Section 513(f)(1) of such Act (21 U.S.C. 
360c(f)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; or''; and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) the device is classified pursuant to a 
                request submitted under paragraph (2).''.
                                 <all>
```
#### THE ORANGE. NEW YORK CENT. & H. R. R. CO. v. HOBOKEN FERRY CO.

(Circuit Court of Appeals, Second Circuit.

June 7, 1894.)

No. 8.

Collision—Steam Vessels Crossing—Contrary Signals—Change op Course.

Appeal from the District Court of the United States for the Southern District of New York.

This was a libel by the New York Central & Hudson River Railroad Company against the steam, ferryboat Orange (the Hoboken Ferry Company, claimant), to recover damages for injuries to libel-ant’s tugboat No. 3, resulting from a collision. The district court found the tug solely in fault, and dismissed the libel, with costs. 64 Fed. 141. The libelant appeals.

Carpenter & Mosher, for appellant.

Leon Abbett, Jr., for appellee.

Decree affirmed upon the opinion of the district judge.
<PAGE>

                                                                      Exhibit 11

                        CALIFORNIA CULINARY ACADEMY, INC.
                       STATEMENT  RE:  EARNINGS PER SHARE
<TABLE>
<CAPTION>
                                                                Year Ended June 30
                                                                ------------------
                                                         1996                        1995
                                                         ----                        ----
                                                Primary    Fully Diluted     Primary   Fully Diluted
                                              -----------  -------------  -----------  -------------
<S>                                           <C>          <C>            <C>          <C>
Net earnings (loss)                            $(999,000)    $(999,000)      $151,000      $151,000
                                              -----------   -----------   -----------   -----------
Weighted average common shares outstanding:
Common shares                                   3,114,732     3,114,732     3,095,000     3,095,000

Common equivalent shares:
Stock options and warrants *                                                  183,829       183,829
                                              -----------   -----------   -----------   -----------
Weighted average common and common
equivalent shares outstanding                   3,114,732     3,114,732     3,278,829     3,278,829
                                              -----------   -----------   -----------   -----------
                                              -----------   -----------   -----------   -----------
Earnings (loss) per share                        $(0.32)      $(0.32)         $0.05         $0.05
                                              -----------   -----------   -----------   -----------
                                              -----------   -----------   -----------   -----------
</TABLE>


* For the year ended June 30, 1996 all common stock equivalents were anti-
dilutive.
AMENDMENT
TO OPTION #21


(Christopher
David, Grant Date June 29, 2015)


 


Dated
as of April 20, 2018


 


THIS
AMENDMENT TO OPTION (the “Amendment”), dated as of the date first set forth above (the “Effective Date”)
is entered into by and between Novo Integrated Sciences Inc., a Nevada corporation (the “Company”) and Christopher
David (the “Holder” or “Optionee”). Each of the Company and Holder may be referred to herein individually
as a “Party” and collectively as the “Parties.”


 


WHEREAS,
on June 29, 2015 the Company issued to Holder an option to purchase 1,500,000 shares of common stock of the Company at an exercise
price of USD$0.16 (the “Option”, “Option #21”) which Option vested on the Grant Date and is currently
set to expire on June 29, 2020 (the “Expiration Date”);


 


WHEREAS,
the Parties now desire to amend the Option #21 Expiration Date, as set forth below; and


 


NOW,
THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which
are hereby acknowledged, the Parties agree as follows:


 


	1.	Amendment.
    The word and number “five (5)” in both Section 1(b) of the Option Agreement and in paragraph 2 of the Certificate
    of Option for Option #21 are hereby amended to read “eight (8)”. This Amendment changes the Expiration Date of
    Option #21 to June 29, 2023.
	 	 
	2.	Miscellaneous.
    This Amendment shall be deemed part of but shall take precedence over and supersede any provisions to the contrary contained
    in the Option. Except as specifically modified hereby, all of the provisions of the Option shall remain in full force and
    effect. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together
    shall be deemed to be one and the same agreement. A signed copy of this Amendment delivered by facsimile, e-mail or other
    means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this
    Amendment.


 


[Signatures
appear on following page]


 




    	 	1	 



     


    

 


IN
WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.


 


	 	Novo Integrated Sciences, Inc.
	 	 	 
	(SEAL)	By:	/s/
    Pierre Dalcourt
	 	Name:
    	Pierre
    Dalcourt
	 	Title:
    	Board
    Chairman
	 	 	 
	 	By:
    	/s/
    Michael Gaynor
	 	Name:
    	Michael
    Gaynor
	 	Title:
    	Secretary
    and Director
	 	 	 
	 	Option #21 Optionee
	 	 	 
	 	By:
    	/s/
    Christopher David
	 	Name:
    	Christopher
    David, Individual 


 




    	 	2
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          41,243
<SECURITIES>                                         0
<RECEIVABLES>                                   40,323
<ALLOWANCES>                                       463
<INVENTORY>                                     59,854
<CURRENT-ASSETS>                               145,539
<PP&E>                                          31,745
<DEPRECIATION>                                   9,532
<TOTAL-ASSETS>                                 286,577
<CURRENT-LIABILITIES>                           30,312
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,704
<OTHER-SE>                                     158,323
<TOTAL-LIABILITY-AND-EQUITY>                   286,577
<SALES>                                        158,052
<TOTAL-REVENUES>                               158,052
<CGS>                                           76,815
<TOTAL-COSTS>                                   76,815
<OTHER-EXPENSES>                                49,444
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,368
<INCOME-PRETAX>                                 27,296
<INCOME-TAX>                                     9,566
<INCOME-CONTINUING>                             17,730
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  2,865
<CHANGES>                                            0
<NET-INCOME>                                    14,865
<EPS-PRIMARY>                                     0.50
<EPS-DILUTED>                                     0.49
        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Charles L. MATICH, Defendant-Appellant.

No. 07-50508.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2008.*

Filed June 16, 2008.

Charles Anthony O’Reilly, Esq., USSDOffice of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Ezekiel E. Cortez, Esq., San Diego, CA, for Defendant-Appellant.

Before: TROTT, WARDLAW and FISHER, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Charles Matich appeals from the 15-month sentence imposed following his guilty-plea conviction for conspiracy to defraud the Internal Revenue Service, in violation of 18 U.S.C. § 371, and evasion of individual income taxes, in violation of 26 U.S.C. § 7201.

In his plea agreement with the government, Matich waived his right to appeal his conviction and sentence unless the district court imposed a custodial sentence greater than the high end of the guideline range (or statutory mandatory minimum term if applicable) recommended by the government at the time of sentencing. The district court did not impose a sentence that would trigger the exception to the appeal waiver. The record reflects that Matich’s guilty plea was knowing and voluntary, and that the appeal waiver was unambiguous. *See United States v. Jeronimo,*398 F.3d 1149, 1157 (9th Cir.2005). Therefore, we enforce the appeal waiver and dismiss this appeal.

DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3248 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 3248

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2012

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 112 South 5th Street in Saint Charles, Missouri, as the ``Lance 
            Corporal Drew W. Weaver Post Office Building''.

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

SECTION 1. LANCE CORPORAL DREW W. WEAVER POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 112 South 5th Street in Saint Charles, Missouri, shall be 
known and designated as the ``Lance Corporal Drew W. Weaver Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lance 
Corporal Drew W. Weaver Post Office Building''.

            Passed the House of Representatives February 15, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROM THE BALANCE
SHEETS AND  STATEMENTS OF OPERATIONS  FOUNDED ON PAGES 1-3 OF THE COMPANY'S FORM
10-QSB,  FOR THE  YEAR-TO-DATE  AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                                 0001016151
<NAME>                           AMPLIDYNE, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                   USD
       
<S>                             <C>
<PERIOD-TYPE>                              9-MOS
<FISCAL-YEAR-END>                    DEC-31-1998
<PERIOD-START>                       JAN-01-1998
<PERIOD-END>                         SEP-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                  1,097,204                
<SECURITIES>                                    0                
<RECEIVABLES>                             434,257                
<ALLOWANCES>                               40,510                
<INVENTORY>                               651,945                
<CURRENT-ASSETS>                        2,157,104                
<PP&E>                                    607,950                
<DEPRECIATION>                            314,412                
<TOTAL-ASSETS>                          2,485,642                
<CURRENT-LIABILITIES>                     484,973                
<BONDS>                                         0                
<PREFERRED-MANDATORY>                           0                
<PREFERRED>                                     0                
<COMMON>                                      450                
<OTHER-SE>                              2,000,219                
<TOTAL-LIABILITY-AND-EQUITY>            2,485,642                
<SALES>                                 1,155,864                
<TOTAL-REVENUES>                        1,223,439                
<CGS>                                     951,679                
<TOTAL-COSTS>                           1,341,311                
<OTHER-EXPENSES>                          758,657                
<LOSS-PROVISION>                                0                
<INTEREST-EXPENSE>                         13,439                
<INCOME-PRETAX>                          (889,968)               
<INCOME-TAX>                                6,724                
<INCOME-CONTINUING>                      (889,968)               
<DISCONTINUED>                                  0                
<EXTRAORDINARY>                                 0                
<CHANGES>                                       0                
<NET-INCOME>                             (889,968)               
<EPS-PRIMARY>                                (.20)               
<EPS-DILUTED>                                (.20)               
                                                        

</TABLE>
<PAGE>   1
                                                                    EXHIBIT 23.1


                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 33-42634) pertaining to the Employee Nonqualified Stock Option
Plan, (Form S-8 No. 333-32961) pertaining to the Employee Nonqualified Stock
Option Plan, (Form S-8 No. 33-72614) pertaining to the Employee Stock Purchase
Plan, (Form S-8 No. 33-99164) pertaining to the SIG Holdings, Inc. 1992 Long
Term Incentive, (Form S-3 No. 33-77028) and in the related Prospectus pertaining
to the Shelf Registration of securities of Delphi Financial Group, Inc. of our
report dated February 8, 1999, with respect to the consolidated financial
statements and schedules of Delphi Financial Group, Inc. included in the Annual
Report (Form 10-K) for the year ended December 31, 1998.


                                                    /s/ ERNST & YOUNG LLP

Philadelphia, Pennsylvania
March 22, 1999
EXHIBIT 11.1

                            CORNELL CORRECTIONS, INC.
                STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
                     (IN THOUSANDS EXCEPT PER SHARE AMOUNTS)
<TABLE>
<CAPTION>
                                                                            THREE MONTHS ENDED MARCH 31,
                                                        ------------------------------------------------------------------------
                                                                       2000                                  1999
                                                        ----------------------------------    ----------------------------------
                                                             BASIC             DILUTED             BASIC             DILUTED
                                                        ---------------    ---------------    ---------------    ---------------
<S>                                                     <C>                <C>                <C>                <C>
Net Earnings ........................................   $         1,971    $         1,971    $        (1,514)   $        (1,514)
                                                        ===============    ===============    ===============    ===============

Shares used in computing net earnings per share:
    Weighted average common shares and
      common share equivalents ......................            10,149             10,149             10,110             10,110


    Less treasury shares ............................              (697)              (697)              (697)              (697)

    Effect of shares issuable under stock options
      and warrants based on the treasury stock method              --                  150               --                  251
                                                        ---------------    ---------------    ---------------    ---------------

                                                                  9,452              9,602              9,412              9,663
                                                        ---------------    ---------------    ---------------    ---------------


 Net earnings per share .............................   $          0.21    $          0.21    $         (0.16)   $         (0.16)
                                                        ===============    ===============    ===============    ===============
</TABLE>