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

**No. 11**  **- 4347** 

UNITED STATES OF AMERICA , Plaintiff

– Appellee ,
v. FRED JIMMY CONDREY, JR. , Defendant

- Appellant
.

Appeal from the United States District Court for the Dis trict of South Carolina , at Charleston
. Patrick Michael Duffy, Senior District Judge. ( 2:09

- cr - 00322

- PMD

- 1 )

Submitted : October 27, 2011 Decided: November 7, 2011

Before MOTZ, KING, and DUNCAN , Circuit Judges.

Dismissed by un published per curia m opinion
. O. Grady Query, Paul N. Uricchio, Charleston, South Carolina, for Appellant. William N. Nettles, United States Attorney, E. Jean Howard, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are no t binding precedent in this circuit.2 PER CURIAM: Fred Jimmy Condrey, Jr., appeals from the district court’s 240

- month sentence following his guilty plea to one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 84 1 (a)(1) (2006) , and one count of possession with intent to distribute methamphetamine and marijuana, in violation of 21 U.S.C. § 841 (a)(1) . Condrey challenges his sentence as unreasonable , arguing that the 18 U.S.C. § 3553(a) (2006) factors warranted a si gnificantly lower
sentence and that the district court erred in considering Condrey’s prior statements in calculating the drug weight attributable to him
. The Government filed a responsive brief arguing that, because Condrey waived his right to appeal his
sentence , this court should dismiss Condrey’s appeal
. In his reply brief, Condrey argued that his waiver was not valid. Concluding that Condrey validly waived his right to appeal his sentence, and that the issues raised are within the scope of the waive r, we dismiss his appeal. A defendant may waive the right to appeal if that waiver is knowing and intelligent. United States v. Poindexter , 492 F.3d 263, 270 (4th Cir. 2007). The question of whether a defendant validly waived his right to appeal is a q uestion of law that we review de novo. United States v. Blick , 408 F.3d 162, 168 (4th Cir. 2005). We look to the totality of the3 circumstances to determine whether a particular waiver is knowing and intelligent. United States v. Manigan

We t herefore dismiss Condrey’s 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. , 592 F.3d 621, 6 27 (4th Cir. 2010). Our review of the record leads us to conclude that Condrey did knowingly and voluntarily waive the right to appeal his conviction and sentence. Both of the issues raised in Condrey’s brief fall within the scope of the waiver.

DISMISSED
CIRCUIT COURT OF THE CITY OF NORFOLK

#### Commonwealth of Virginia v. Cecil Lawrence Phelps

January 18, 1978

Case No. 499-73

By JUDGE JOHN W. WINSTON

Relying upon *Mullaney*v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881 (1975), and *Hankerson*v. *North Carolina,*432 U.S. 233, 97 S. Ct. 2339 (1977), the petitioner Phelps will seek the issuance by this Court of a writ of error coram vobis. Before preparing that writ he asks now to be furnished with certain records of his trial proceedings.

On April 1, 1974, in accordance with Phelps’s petition for them this Court ordered certain of the trial records to be furnished him. They were mailed out by the clerk on April 2, 1974. Then on May 12, 1974, Phelps wrote a letter to this Court’s clerk, acknowledging receipt of the records mailed and specifically requesting a copy of the transcript. On May 22, 1974, the clerk replied to him by letter declining to furnish the requested free transcript.

All of this followed closely the denial of Phelps’s petition for a writ of error and supersedeas directed to the Supreme Court of Virginia, such denial being by order dated February 27, 1974.

The principal function of a writ of error coram vobis is to afford to the court in which an action was tried an opportunity to correct its own record with reference to a vital *fact*not known when the judgment was rendered and which could not have been presented by a motion for a new trial, appeal or other existing statutory *539proceeding. *Dobie*v. *Commonwealth,*198 Va. 762 (1957); *Blowe*v. *Peyton,*208 Va. 68 (1967).

In Virginia by statute a proceeding by motion to correct any *clerical error*or *error in fact*for which a judgment may be reversed or corrected may be substituted for the common law writ of error coram vobis. Virginia Code § 8.01-677.

Such writ and proceeding do not supplant the writ of habeas corpus (which is a writ of inquiry to determine whether a person is detained without lawful authority, Virginia Code § 8.01-654). *Dobie*v. *Commonwealth,*supra;*Blowe*v. *Peyton, supra.*Nor may they be substituted for a petition for a writ of habeas corpus.

No error in fact and no clerical error is suggested by Phelps in his "Notice of Appeal." Rather it seems very clear that he proposes to assert some error of law as the basis for any review of his trial. Under these circumstances, a writ of error coram vobis is not appropriate.

Since he has selected the wrong vehicle by which to assert his claim, Phelps’s request to be furnished free of charge various trial records will not be granted.

The Court having maturely considered the request of petitioner Phelps for a free copy of additional trial records, and having determine for the reasons stated above that the request should not now be granted, it is now Adjudged, Ordered and Decreed that such request be and hereby is denied.

Such denial does not in any way preclude Phelps from renewing his request should he elect to file a petition for a writ of habeas corpus. Any such request as renewed, however, should specifically state the reasons why access to these records is needed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 10153]

# SUMMARY:

Notice is hereby given of the following determinations: I hereby determine that two objects to be included in the exhibition “François Morellet,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Dia Art Foundation, New York, New York, from on or about October 28, 2017, until on or about June 2, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest.

# FOR FURTHER INFORMATION CONTACT:

                        For further information, including a list of the imported objects, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email:                         *section2459@state.gov*). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.                    

# SUPPLEMENTARY INFORMATION:

                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                     *et seq.*; 22 U.S.C. 6501 note,                     *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257-1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the                     **Federal Register**                    .                

Alyson Grunder,

Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State.

[FR Doc. 2017-21315 Filed 10-3-17; 8:45 am]

 BILLING CODE 4710-05-P
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<ARTICLE> 5

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<FISCAL-YEAR-END>                          DEC-31-1997
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<CURRENT-ASSETS>                               196,794
<PP&E>                                       4,436,869
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<CURRENT-LIABILITIES>                           15,474
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<PREFERRED-MANDATORY>                                0
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<OTHER-SE>                                   4,078,684
<TOTAL-LIABILITY-AND-EQUITY>                 4,094,158
<SALES>                                        514,719
<TOTAL-REVENUES>                               520,193
<CGS>                                                0
<TOTAL-COSTS>                                  129,994
<OTHER-EXPENSES>                                     0
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</TABLE>
exv10w21






Exhibit 10.21




FIRST AMENDMENT TO THE

FLOWSERVE CORPORATION EXECUTIVE OFFICER

CHANGE IN CONTROL SEVERANCE PLAN




     THIS FIRST AMENDMENT TO THE FLOWSERVE CORPORATION EXECUTIVE OFFICER CHANGE IN CONTROL
SEVERANCE PLAN (this “Amendment”), dated as of January 1, 2011 is made and entered into by
Flowserve Corporation (the “Company”). Terms used in this Amendment with initial capital letters
that are not otherwise defined herein shall have the meanings ascribed to such terms in the
Flowserve Corporation Executive Officer Change in Control Severance Plan, as amended and restated
effective November 12, 2007 (the “Plan”) as amended from time to time.



RECITALS




     WHEREAS, pursuant to Section 9.03 of the Plan, the Company may amend the Plan at any time on a
prospective basis;



     WHEREAS, the Company desires to amend the Plan’s provisions relating to parachute payments
following a change in control of the Company.



     NOW, THEREFORE, in accordance with Article 9.03 of the Plan, the Company hereby amends the
Plan as follows, effective as of January 1, 2011:




1. Section 6.01 of the Plan is hereby amended by deleting from the second sentence
thereof the phrase “To the extent” and inserting in its place the phrase “Except as
provided in Section 6.06, to the extent.”




2. Sections 6.02 and 6.03 of the Plan are each hereby amended by inserting at the beginning
thereof the phrase “Except as provided in Section 6.06,”.




3. Article 6 of the Plan is hereby amended by inserting the following new Section 6.06:




          6.06 Notwithstanding anything to the contrary contained in this Article
6, no individual who becomes a Participant in the Plan on or after January
1, 2011 shall be eligible for any Gross-Up Payment or any additional payment
pursuant to Section 6.03. Accordingly, with respect to an individual who
becomes a Participant in the Plan on or after January 1, 2011, the amount of
any Gross-Up Payment for purposes of this Article 6 shall be zero.



     4. Except as expressly amended by this Amendment, the Plan shall continue in full force and
effect in accordance with the provisions thereof.



* * * * * * * * *




[Remainder of Page Intentionally Left Blank

Signature Page Follows]



 









 





     IN WITNESS WHEREOF, the Company has caused this Amendment to be duly executed as of the date
first written above, effective as of the date referred to herein.



	 	 	 	 	 	 	 
	 	 	FLOWSERVE CORPORATION	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Ronald F. Shuff
 

	 	 
	 

	 	Its:
	 	Senior Vice President, Secretary and General Counsel	 	 







Signature Page to First Amendment
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
- 0453 STATE OF MONTANA,

Plaintiff and Appellee, v. SCOTT KELLY WALSH,

Defendant and Appellant .

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including June 24, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

May 18 2022

05/18/2022

Case Number: DA 21-0453
<PAGE>

TRIDENT MICROSYSTEMS, INC.

                                  EXHIBIT 23.1

                         CONSENT OF INDEPENDENT AUDITORS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 33-57610, No. 333-09383, No. 333-29667, No.
333-76895 and No. 333-71770) of Trident Microsystems, Inc. of our report dated
July 22, 2003 relating to the financial statements which appear on page 30 of
this Form 10-K.

PricewaterhouseCoopers LLP
San Jose, California
September 26, 2003

                                       63
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Nursing Research Initial Review Group.                    

*Date:*                         October 19-20, 2017.                    

*Time:*                         8:00 a.m. to 12:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda Marriott Suites, 6711 Democracy Boulevard, Bethesda, MD 20817.                    

*Contact Person:*                         Weiqun Li, MD, Scientific Review Officer, National Institute of Nursing Research National Institutes of Health, 6701 Democracy Blvd., Suite 710, Bethesda, MD 20892, (301) 594-5966,                         *wli@mail.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.361, Nursing Research, National Institutes of Health, HHS)

Dated: September 26, 2017.

Sylvia L. Neal,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2017-20992 Filed 9-29-17; 8:45 am]

BILLING CODE 4140-01-P
**E** **xhibit
      23.1**








**Consent
      of Independent Registered Public Accounting Firm**








To
      the
      Board of Directors and Shareholders


of
      The
      Savannah Bancorp, Inc.





We
      hereby
      consent to the incorporation by reference in the Registration Statement Form
      S-8
      (No. 333-69175) and Form S-3/A (No. 333-128724) of The Savannah Bancorp, Inc.
      of
      our report dated March 8, 2007, relating to the consolidated financial
      statements which appear in the Annual Report to Shareholders, which is
      incorporated in this Annual Report on Form 10-K for the year ended December
      31,
      2006 and our report dated March 8, 2007 on the Internal Control Cover Financial
      Reporting which appears in Item 9A of Form 10-K.





/s/
      BDO
      Seidman, LLP





Atlanta,
      Georgia


March
      13,
      2007
#### Pamela BRUNNER, Plaintiff—Appellant, v. MONTGOMERY COUNTY PUBLIC SCHOOLS, Defendant—Appellee.

No. 08-1314.

United States Court of Appeals, Fourth Circuit.

Submitted: June 26, 2008.

Decided: June 30, 2008.

Pamela Brunner, Appellant Pro Se. Judith S. Bresler, Eric Charles Brousaides, Columbia, Maryland, for Appellee.

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

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*294PER CURIAM:

Pamela Brunner appeals the district court’s order dismissing her claims of employment discrimination. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Brunner v. Montgomery County Pub. Sch.,*No: 1:06-cv-02336-JFM, 2008 WL 474402 (D.Md. Feb. 19, 2008). We deny Appellee’s motion to strike Brunner’s reply brief. We also deny Brunner’s motion to supplement her reply brief. 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.*
```

[United States Government Policy and Supporting Positions (Plum Book), 1996]
[Independent Agencies and Government Corporations]
[Interstate Commission on the Potomac River Basin]
[From the U.S. Government Printing Office, www.gpo.gov]

The Plum Book (United States Government Policy
        and Supporting Positions): 1996 EditionBRANCH: EXECUTIVE INTERSTATE COMMISSION ON THE POTOMAC RIVER BASINLocationPosition TitleName of IncumbentPay PlanType of Appt.Level Grade or PayTenureExpiresRockville, MDFederal CommissionerGilbert ColonWCPA............................Rockville, MDFederal CommissionerDaniel J. WeissWCPA............................Rockville, MDFederal CommissionerJean PackardWCPA............................
```
INDEPENDENT AGENCIES AND GOVERNMENT CORPORATIONS 235

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE - Continued

DEPARTMENT OF THE CHIEF 

FINANCIAL OFFICER

Washington, DC Chief Financial Officer Anthony Musick EX PAS IV ...... ......

DEPARTMENT OF THE 

EXECUTIVE DIRECTOR

Do........... Director, Special Program Career Incumbent

Operations

ES CA ...... ...... ......

DEPARTMENT OF THE CHIEF 

OPERATING OFFICER

 Do........... Executive Officer Career Incumbent ES CA ...... ...... ......

DEPARTMENT OF THE 

INSPECTOR GENERAL

 Do........... Inspector General Luise Jordan EX PA IV ...... ......

DEPARTMENT OF PLANNING 

& PROGRAM INTEGRATION

 Do........... Director, Planning & Program Career Incumbent

Intetgration

ES CA ...... ...... ......

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

COURT SERVICES AND OFFENDER SUPERVISION AGENCY

Washington, DC Director Vacant EX PAS IV 6 years ......

Location Position Title Name of Incumbent

Pay

Plan

Type 

of

Appt.

Level,

Grade, or

Pay

Tenure Expires

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

OFFICE OF THE BOARD 

MEMBERS

Washington, DC Chairman John T. Conway EX PAS III ...... ......

 Do........... Vice Chairman Andrew J. Eggenburger EX PAS III ...... ......

 Do........... Member Joseph J. Dinunno EX PAS III ...... ......

 Do........... Member John E. Mansfield EX PAS III ...... ......

 Do........... Member Jessie M. Roberson EX PAS III ...... ......

OFFICE OF THE GENERAL 

COUNSEL

 Do........... General Counsel Career Incumbent ES CA ...... ...... ......

OFFICE OF THE GENERAL 

MANAGER

 Do........... General Manager Career Incumbent ES CA ...... ...... ......
EXHIBIT 4.41





ADDENDUM
NO.1


DATED
MARCH 7TH 2018


To
the BIMCO STANDARD BAREBOAT CHARTER agreement dated December 4, 2017.


 


Between:


1)...............................................
(“owners”)


And


2)
.....................................................
(“charterers”)


 


IT
IS HEREBY MUTUALLY AGREED


		1.	In
                                         relation to box 15, the date of April 4th 2018 is replaced by the date of
                                         July 30th 2018.



		2.	All
                                         terms and conditions of the BIMCO STANDARD BAREBOAT CHARTER agreement which are not amended
                                         by the above change in this addendum, remain in full force and effect.



 


 


Owners


 


..............................................


 


Charterers


 


...............................................
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, October 16, 2014. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, October 16, 2014 The Court of Appeals hereby passes the following order A15I0035. TAMMY CISCO WALKER et al. v. GOWEN STORES LLC.
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of State Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
LC NUMBERS: 11SV012