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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-4811

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

JAIME CALLEJAS-URIBE, 

 Defendant - Appellant. 

Appeal from the United States District Court for the Western 

District of Virginia, at Harrisonburg. Glen E. Conrad, District 

Judge. (5:05-cr-00061-gec-bwc-3) 

Submitted: December 23, 2009 Decided: January 7, 2010 

Before WILKINSON, MICHAEL, and KING, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Larry W. Shelton, Federal Public Defender, Allegra M.C. Black, 

Assistant Federal Public Defender, Christine Madeleine Spurell, 

Research and Writing Attorney, Roanoke, Virginia, for Appellant. 

Jean Barrett Hudson, Assistant United States Attorney, 

Charlottesville, Virginia; Ryan Lee Souders, Jeb Thomas Terrien, 

Assistant United States Attorneys, Harrisonburg, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit. 
PER CURIAM: 

 Without a plea agreement, Jaime Callejas-Uribe pled 

guilty to conspiracy to distribute and possess with intent to 

distribute five kilograms or more of cocaine hydrochloride, in 

violation of 21 U.S.C. §§ 841(a)(1), 846 (2006). The district 

court sentenced him to ninety-six months in prison. CallejasUribe appeals. 

 Counsel filed an Anders1 brief, finding no meritorious 

grounds for appeal, but questioning whether the district court 

erred by imposing an upward variance sentence without giving 

Callejas-Uribe notice of its intention to do so. However, the 

Supreme Court has held that an upward variance does not require 

notice under Fed. R. Crim. P. 32(h). Irizarry v. United States, 

128 S. Ct. 2198 (2008). 

In accordance with Anders, we have reviewed the record 

in this case and have found no meritorious issues for appeal.2 

We therefore affirm Callejas-Uribe’s conviction and sentence. 

This court requires that counsel inform Callejas-Uribe, in 

writing, of the right to petition the Supreme Court of the 

United States for further review. If Callejas-Uribe requests 

 1 Anders v. California, 386 U.S. 738 (1967). 

2

 Callejas-Uribe was advised of his right to file a pro se 

supplemental brief, but he did not file one. 

2 
3 

that a petition be filed, but counsel believes that such a 

petition would be frivolous, then counsel may move in this court 

for leave to withdraw from representation. Counsel’s motion 

must state that a copy thereof was served on Callejas-Uribe. 

We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process. 

AFFIRMED
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision without **

oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SIRANUSH KAMIKIAN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-70523

Agency No. A078-650-916

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 10, 2011** 

Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. 

Siranush Kamikian, a native and citizen of Armenia, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an

immigration judge’s decision denying her application for asylum, withholding of

removal, and relief under the Convention Against Torture (“CAT”). We have

FILED

JAN 19 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-70523

jurisdiction under 8 U.S.C. § 1252. “This court reviews factual determinations,

including credibility determinations, for substantial evidence.” Morgan v.

Mukasey, 529 F.3d 1202, 1206 (9th Cir. 2008). We deny the petition for review.

Substantial evidence supports the BIA’s finding that Kamikian testified

inconsistently concerning how her employment ended, and whether Kamikian was

fired or resigned voluntarily goes to the heart of her claim that she was persecuted

on account of her whistle-blower status. See Desta v. Ashcroft, 365 F.3d 741, 745

(9th Cir. 2004). Kamikian also failed to corroborate her claim with material

evidence that a reasonable trier of fact would not be compelled to conclude was

unavailable. See 8 U.S.C. § 1252(b)(4)(D); Sidhu v. INS, 220 F.3d 1085, 1090 (9th

Cir. 2000) (“[I]f the trier of fact either does not believe the applicant or does not

know what to believe, the applicant’s failure to corroborate his testimony can be

fatal to his asylum application.”). Substantial evidence therefore supports the

BIA’s determination that Kamikian did not satisfy her burden of proof for

establishing eligibility for asylum. See Chebchoub v. INS, 257 F.3d 1038, 1044–45

(9th Cir. 2001). Accordingly, we deny the petition as to Kamikian’s asylum claim.

Because Kamikian failed to establish eligibility for asylum, she necessarily

cannot demonstrate eligibility for withholding of removal. See Farah v. Ashcroft,
3 08-70523

348 F.3d 1153, 1156 (9th Cir. 2003).

Finally, because Kamikian’s CAT claim is based on the same evidence that

the agency found not credible, and she points to no other evidence showing it is

more likely than not she would be tortured if returned to Armenia, her CAT claim

fails. See id. at 1156–57.

PETITION FOR REVIEW DENIED.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>                                          5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM CONDENSED
CONSOLIDATED BALANCE SHEET - UNAUDITED AND CONDENSED  CONSOLIDATED  STATEMENT OF
INCOME  AND  IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO  SUCH  CONDENSED
CONSOLIDATED FINANCIAL STATEMENTS
</LEGEND>
<CIK>        0000859360
<MULTIPLIER> 1000

<S>                                                    <C>
<PERIOD-TYPE>                                                YEAR
<FISCAL-YEAR-END>                                      DEC-31-1996
<PERIOD-START>                                         JAN-01-1996
<PERIOD-END>                                           DEC-31-1996
<CASH>                                                      27,673
<SECURITIES>                                                29,408
<RECEIVABLES>                                                9,839
<ALLOWANCES>                                                  (812)
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                            65,425
<PP&E>                                                       6,029
<DEPRECIATION>                                                   0
<TOTAL-ASSETS>                                              83,142
<CURRENT-LIABILITIES>                                       13,500
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                         2
<OTHER-SE>                                                  68,386
<TOTAL-LIABILITY-AND-EQUITY>                                83,142
<SALES>                                                          0
<TOTAL-REVENUES>                                            54,249
<CGS>                                                        5,117
<TOTAL-COSTS>                                               40,915
<OTHER-EXPENSES>                                                 0
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                               0
<INCOME-PRETAX>                                             15,124
<INCOME-TAX>                                                 6,504
<INCOME-CONTINUING>                                              0
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                 8,620
<EPS-PRIMARY>                                                  0.46
<EPS-DILUTED>                                                  0.46



</TABLE>
<PAGE>   1

                                                                   EXHIBIT 10.34


                 SECOND AMENDMENT TO THE DEVLIEG-BULLARD, INC.
                            1989 EMPLOYEE STOCK PLAN



                 WHEREAS, the stockholders of DeVlieg-Bullard, Inc. (the
         "Company") adopted the 1989 Employee Stock Plan (the "1989 Plan") in
         December 1989;

                 WHEREAS, pursuant to Section 12 of the 1989 Plan, the
         Company's Board of Directors and stockholders have retained the right
         to amend the 1989 Plan;

                 WHEREAS, the stockholders of the Company approved a first
         amendment to the 1989 Plan in December 1993; and

                 WHEREAS, the Company's Board of Directors now proposes to the
         stockholders a second amendment to the 1989 Plan.

                 NOW, THEREFORE, IN CONSIDERATION of the premises and by
         resolution of the Company's Board of Directors, the 1989 Plan is
         hereby amended as follows, subject to approval by the stockholders of
         the Company:

1.       The first sentence of the first paragraph of Section 3 is amended to
         read as follows:

         "The total number of shares of Stock reserved and available for
         distribution under the Plan shall be 1,300,000 shares."

2.       The third paragraph of Section 3 of the Plan is hereby amended by
         adding the following sentence at the end of such paragraph:

         "The maximum number of shares that may be awarded to any participant
         under Section 4 of this Plan will be adjusted in the same manner as
         the number of shares subject to outstanding Options."

3.       Section 4 of the Plan is hereby amended by adding the following
         sentence at the end of such Section 4:

         "No officer or key employee shall be eligible to receive awards
         relative to shares of Stock which exceed 100,000 shares in any fiscal
         year."

4.       This Amendment shall be effective upon its approval by the Company's
         stockholders.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           1,396
<SECURITIES>                                    10,072
<RECEIVABLES>                                    4,511
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                16,835
<PP&E>                                             980
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  18,183
<CURRENT-LIABILITIES>                            3,717
<BONDS>                                            245
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                      14,214
<TOTAL-LIABILITY-AND-EQUITY>                    18,183
<SALES>                                          8,957
<TOTAL-REVENUES>                                11,272
<CGS>                                              427
<TOTAL-COSTS>                                    1,733
<OTHER-EXPENSES>                                 9,302
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    306
<INCOME-TAX>                                        27
<INCOME-CONTINUING>                                279
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       279
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .05
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
December 31, 1998 Form 10-K and is qualified in its entirety by reference to 
such financial statements. 
</LEGEND>
       
<S>                             <C>                      <C> 
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                         DEC-31-1998              DEC-31-1997
<PERIOD-START>                            JAN-01-1998              JAN-01-1997
<PERIOD-END>                              DEC-31-1998              DEC-31-1997
<CASH>                                        230,807                  595,420
<SECURITIES>                                  306,386                  290,662
<RECEIVABLES>                                  58,372                   79,264
<ALLOWANCES>                                        0                        0
<INVENTORY>                                         0                        0
<CURRENT-ASSETS>                              595,565                  965,346
<PP&E>                                      3,803,639                5,340,446
<DEPRECIATION>                                713,396                  761,861
<TOTAL-ASSETS>                              3,685,808                5,543,931
<CURRENT-LIABILITIES>                          62,934                  105,799
<BONDS>                                             0                        0
<PREFERRED-MANDATORY>                               0                        0
<PREFERRED>                                         0                        0
<COMMON>                                            0                        0
<OTHER-SE>                                  3,622,874                5,438,132
<TOTAL-LIABILITY-AND-EQUITY>                3,685,808                5,543,931
<SALES>                                       420,630                  599,405
<TOTAL-REVENUES>                              698,995                  939,210
<CGS>                                               0                        0
<TOTAL-COSTS>                                       0                        0
<OTHER-EXPENSES>                              767,928                  334,705
<LOSS-PROVISION>                                    0                        0 
<INTEREST-EXPENSE>                                  0                        0
<INCOME-PRETAX>                              (68,933)                  604,505
<INCOME-TAX>                                        0                        0
<INCOME-CONTINUING>                          (68,933)                  604,505
<DISCONTINUED>                                      0                        0 
<EXTRAORDINARY>                                     0                        0
<CHANGES>                                           0                        0
<NET-INCOME>                                 (68,933)                  604,505
<EPS-PRIMARY>                                  (3.99)                    34.99
<EPS-DILUTED>                                  (3.99)                    34.99
        

</TABLE>
EXHIBIT 99.1

CARROLLTON BANCORP

CERTIFICATION PURSUANT TO

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Carrollton Bancorp (the "Company") on Form 10-K for the period ending December 31, 2002, as filed with the Securities and
Exchange Commission and which this Certification is an exhibit (the "Report"), the undersigned

(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 for the period
reflected therein.

|Date: March 4, 2003 |  |  | /s/ROBERT A. ALTIERIRobert A. Altieri President and Chief Executive Officer
|------------------- |  |  | ---------------------------------------------------------------------------

---
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE 

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING 

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. 

THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

Jimmy Lee Duncan, Petitioner, 

v. 

State of South Carolina, Respondent. 

Appellate Case No. 2011-203246 

Appeal From Colleton County 

D. Craig Brown, Circuit Court Judge

Memorandum Opinion No. 2015-MO-068 

Submitted September 22, 2015 – Filed December 2, 2015 

AFFIRMED 

Appellate Defender Robert M. Pachak, of Columbia, for 

Petitioner. 

Attorney General Alan McCrory Wilson and Assistant 

Attorney General James Rutledge Johnson, both of 

Columbia, for Respondent. 

PER CURIAM: Affirmed pursuant to Rule 220(b)(1), SCACR, and the 

following authorities: State v. Blick, 325 S.C. 636, 642, 481 S.E.2d 452, 455 (Ct. 

App. 1997) (finding, as a general rule, a prison disciplinary sanction will not bar 
subsequent criminal prosecution); see also Pruitt v. State, 274 S.C. 565, 570, 266 

S.E.2d 779, 781 (1980) (noting that "[t]he initiation of criminal process against [an 

inmate] is certainly not foreclosed by a prior administrative disposition"); State v. 

Jolly, 405 S.C. 622, 627, 749 S.E.2d 114, 117 (Ct. App. 2013) ("The Double 

Jeopardy Clause does not prohibit the imposition of any additional sanction that 

could be described as punishment. The Clause protects against the imposition of 

multiple criminal punishments for the same offense, and only then when such 

occurs in successive pleadings." (emphasis added) (citations omitted)); cf. State v. 

Thrift, 312 S.C. 282, 301 n.12, 440 S.E.2d 341, 352 n.12 (1994) (noting "a civil as 

well as criminal sanction constituted punishment for double jeopardy purposes 

only where the sanctions as applied served the goal of punishment"). 

AFFIRMED. 

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., 

concur.
Exhibit
21





Subsidiaries
of the Partnership





TEPPCO
Partners, L.P. (Delaware)








TEPPCO
GP, Inc. (Delaware)


TE
Products Pipeline Company, LLC (Texas)


TEPPCO
Terminals Company, L.P. (Delaware)


TEPPCO
Terminaling and Marketing Company, LLC (Delaware)


TEPPCO
Colorado, LLC (Delaware)


TEPPCO
Midstream Companies, LLC (Texas)


TEPPCO
NGL Pipelines, LLC (Delaware)


Chaparral
Pipeline Company, LLC (Texas)


Quanah
Pipeline Company, LLC (Texas)


Panola
Pipeline Company, LLC (Texas)


Dean
Pipeline Company, LLC (Texas)


Wilcox
Pipeline Company, LLC (Texas)


Val Verde
Gas Gathering Company, L.P. (Delaware)


TCTM,
L.P. (Delaware)


TEPPCO
Crude GP, LLC (Delaware)


TEPPCO
Crude Pipeline, LLC (Texas)


TEPPCO
Seaway, L.P. (Delaware)


TEPPCO
Crude Oil, LLC (Texas)


Lubrication
Services, LLC (Texas)


QP-LS LLC
(Wyoming)


TEPPCO
Marine Services, LLC (Delaware)


TEPPCO
O/S Port System, LLC (Texas)
**EXHIBIT
32**
 
 **CERTIFICATION**
 
 By
signing below, each of the undersigned officers hereby certifies pursuant to 18
U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to his or her knowledge, (i) this report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in this report fairly presents, in all
material respects, the financial condition and results of operations of River
Valley Bancorp.
  Signed
this 11th day of August, 2006
  By:
    /s/
      Larry C. Fouse
    By:
    /s/
      Matthew P. ForresterLarry
      C. Fouse
    
    Matthew
      P. ForresterVice
      President of Finance
    
    President
      and Chief Executive Officer
 
 A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to River Valley Bancorp and will be retained
by River Valley Bancorp and furnished to the Securities and Exchange Commission
or its staff upon request.
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
NO. 03-05-00824- CV
Ci ndy G oo dm an, App e lla nt

v. Texas Depart m ent of Fam ily and P rote ctive Service s, Appellee

F ROM THE DISTRICT CO URT OF WILLI AMSO N COUNTY , 395TH JUDICIAL DISTRICT NO. O4- 1546 -F 395, HO NORAB LE MICH AEL JERGINS, JUDGE PRESIDI NG

M E M O R

A N D U M O P I N I O N The trial c ourt signe d its final order te rminating appellant Cindy Goodman’s pa

renta l rig hts on Dece mber 14, 2005. Appellant timely filed her notice of a

ppeal. On January

17, 2006, the trial court signe d an orde r deny ing a ppellant’s motion for appointingappellate counsel, findingthat appe l l an t wa s n o t indige nt so as to qualify for a ppointed counsel. The cler k’s re cord w as due on Marc h 31, and on Mar ch 29, the district cle rk’s off ice i n fo rm ed this Court that it had notified appellant of

the cost of the c lerk’s r ecor d on J anuar y 23, bu t t h at appellant ha d not y et made
arr ang ements to pay

for the r ecor d. On April 6, we sent notice that the r ecor d was ove rdue a nd that the appe al was in jeopa

rdy of beingdismiss ed for

want of prosecution. On M ay 5, appellant’ s trial
c ouns e l in fo rm e d th e Court that he ha d b e e n d isc ha

rg ed fr om t

he c a se and

did no t kn owho w t o locate a ppellant. On May 11, we sent notice to appellant’ s last two known addr esses, infor ming he r that the re cord w as over due and that no arr ang ements had been made to pa y for it. W e re quested that2

appellant f

ile a re port explaining the status of the a ppeal, wa rningher that the appea l would be dismiss ed if she did not re spond by May 22. To date, a

ppellant has not re sponded to the notice by letter or othe r mea

ns. We theref

ore dismiss the appea l for wa nt of prosec ution on our own motion. Tex. R. App. P . 42.3(b).

__________________________________________ David Pury ear , J ustice Be fore J ustices B . A. Smith, P ury ear and Waldrop Dismissed for Want of Prosecution Filed: June 9, 2006
112TH CONGRESS 

1ST SESSION H. R. 3004 

AN ACT 

To designate the facility of the United States Postal Service 

located at 260 California Drive in Yountville, California, 

as the ‘‘Private First Class Alejandro R. Ruiz Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 3004 EH

1 SECTION 1. PRIVATE FIRST CLASS ALEJANDRO R. RUIZ 

2 POST OFFICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 260 California Drive in 

5 Yountville, California, shall be known and designated as 

6 the ‘‘Private First Class Alejandro R. Ruiz Post Office 

7 Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 

11 be deemed to be a reference to the ‘‘Private First Class 

12 Alejandro R. Ruiz Post Office Building’’. 

Passed the House of Representatives November 16, 

2011. 

Attest: 

Clerk. 

112TH CONGRESS 

1ST SESSION H. R. 3004 

AN ACT 

To designate the facility of the United States PostAlejandro R. Ruiz Post Office Building’’. Yountville, California, as the ‘‘Private First Class al Service located at 260 California Drive in