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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7026

UNITED STATES OF AMERICA, 

 Plaintiff – Appellee, 

 v. 

BRICELYN MARCEL RUSSELL, 

 Defendant – Appellant. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, District 

Judge. (2:96-cr-00220-RBS-1) 

Submitted: March 31, 2009 Decided: April 15, 2009 

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Bricelyn Marcel Russell, Appellant Pro Se. Laura Marie 

Everhart, Assistant United States Attorney, Norfolk, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Bricelyn Marcel Russell seeks to appeal the district 

court’s order denying his motion for reduction of sentence under 

18 U.S.C. § 3582 (2006). Russell was originally sentenced at 

the bottom of his guideline range to 360 months in prison. The 

district court subsequently granted the Government’s motions 

under Fed. R. Crim. P. 35(b) and reduced Russell’s sentence to 

180 months. In denying Russell’s § 3582(c)(2) motion, the 

district court determined that his amended guideline range under 

the crack cocaine amendments was 292 to 365 months’ 

imprisonment; noted the court had already reduced his sentence 

to 180 months; and denied his motion for a further reduction. 

On appeal, Russell challenges the district court’s 

reasoning for denying his motion. Because we conclude that the 

district court lacked authority under 18 U.S.C. § 3582(c)(2) to 

reduce Russell’s term of imprisonment to a term that was less 

than the bottom of the amended guideline range, we affirm. See

United States v. Dunphy, 551 F.3d 247, 250, 252 (4th Cir. 2009). 

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
H. R. 2632 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To amend title 4, United States Code, to encourage the display of the flag of 

the United States on National Korean War Veterans Armistice Day. 

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 ‘‘Korean War Veterans Recognition 

Act’’. 

SEC. 2. DISPLAY OF FLAG ON NATIONAL KOREAN WAR VETERANS 

ARMISTICE DAY. 

Section 6(d) of title 4, United States Code, is amended by 

inserting ‘‘National Korean War Veterans Armistice Day, July 27;’’ 

after ‘‘July 4;’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
I 

111TH CONGRESS 

1ST SESSION H. R. 2634 

To amend the Emergency Economic Stabilization Act of 2008 to prohibit 

automobile manufacturers receiving assistance under the Troubled Asset 

Relief Program from opening a new foreign subsidiary or expanding 

their current foreign subsidiaries. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Mr. ROGERS of Michigan (for himself, Mrs. MILLER of Michigan, Mr. HOEKSTRA, and Mr. MCCOTTER) introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the Emergency Economic Stabilization Act of 

2008 to prohibit automobile manufacturers receiving assistance under the Troubled Asset Relief Program from 

opening a new foreign subsidiary or expanding their current foreign subsidiaries. 

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

mstockstill@gpo.gov on PROD1PC66 with BILLS

2 

•HR 2634 IH

1 SECTION 1. PROHIBITION ON AUTOMOBILE MANUFAC2 TURER EXPANSION OF NEW OR CURRENT 

3 FOREIGN SUBSIDIARIES. 

4 (a) IN GENERAL.—Title I of the Emergency Eco5 nomic Stabilization Act of 2008 is amended by adding at 

6 the end the following new section: 

7 ‘‘SEC. 137. PROHIBITION ON AUTOMOBILE MANUFACTURER 

8 EXPANSION OF NEW OR CURRENT FOREIGN 

9 SUBSIDIARIES. 

10 ‘‘(a) IN GENERAL.—Effective as of the date of the 

11 enactment of this section, no automotive TARP recipient 

12 may open a new foreign subsidiary or expand any current 

13 foreign subsidiary. 

14 ‘‘(b) AUTOMOTIVE TARP RECIPIENT DEFINED.— 

15 For purposes of this section, the term ‘automotive TARP 

16 recipient’ means any automobile manufacturer that has 

17 received assistance under this title and that has not fully 

18 repaid such assistance.’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for such Act is amended by inserting after the item 

21 relating to section 136 the following new item: 

‘‘137. Prohibition on automobile manufacturer expansion of new or current foreign subsidiaries.’’. 

Æ 

mstockstill@gpo.gov on PROD1PC66 with BILLS
GREGORY JAMES MILLER

,

Appellant,

v.

CITY OF TRENTON

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 5136

_____________________________/

Opinion filed October 6, 2015.

An appeal from the Circuit Court for Gilchrist County

. Mary Day Coker

, Judge

.

Gregory James Miller, pro se , Appellant.

Meagan L. Logan and Heath L. Vickers of Marks Gray, P.A., Jacksonville , for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS

, C.J., THOMAS and RAY

, J J

. , CONCUR.
EXHIBIT 32-1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Annual Report on Form 10-K of WNC Housing Tax
Credit Fund II, L.P. (the "Partnership") for the year ended March 31, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, I, Wilfred N. Cooper, Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify 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 Partnership.




/s/ WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
Date:  August 12, 2009
**EXHIBIT 32.1**

 

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Co-Chairman and Chief Executive Officer of Optimal Group Inc. (the “Company”), does hereby certify that to the best of the undersigned’s knowledge:

 

|   | 1) | the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2008 (the “Report”), fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| Dated | May 8, 2008 |
|-------|-------------|

 

|   | By: | (s)  Neil S. Wechsler |
|--------|-----|-----------------------|

|   | Neil S. Wechsler |
|--------|------------------|

|   | Co-Chairman and |
|--------|-----------------|

|   | Chief Executive Officer |
|--------|-------------------------|

 

 

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of this report or as a separate disclosure document.
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Dura Automotive Systems, Inc. (the
"Company") on Form 10-Q for the period ending April 2, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Lawrence A. Denton, President, Chief Executive Officer (Principal Executive
Officer) and Director of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

     (1)  The Report fully complies with the requirements of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.


/s/ Lawrence A. Denton
-------------------------------------
Lawrence A. Denton
Chairman of the Board of Directors,
President and Chief Executive Officer
(Principal Executive Officer)
May 11, 2006
TO BE PUBLISHED

Supreme Court of Kentucky

2022-SC-0422-KB

RICHARD DAVID NULL MOVANT

V. IN SUPREME COURT

KENTUCKY BAR ASSOCIATION RESPONDENT

OPINION AND ORDER

This Court’s December 15, 2022, Opinion and Order in this matter1

resolved eight (8) separate disciplinary actions taken against Null and imposed 

a one-year suspension from the practice of law with 180 days of such 

suspension to be served, and 185 days of the suspension being probated for 

two (2) years subject to certain listed conditions. 

On April 26, 2023, the Kentucky Bar Association (KBA) made motion for 

this Court to enter a show cause order against Null for multiple violations of 

the conditions of his probation imposed by this Court. Specifically, the KBA 

alleged that Null had not: (a) refunded the $11,025 in unearned fees to his 

1 Null v. Kentucky Bar Association, 2022-SC-0422-KB, 2022 WL 

19330699 (Ky. Dec. 15, 2022)
clients; (b) attended or completed the Ethics and Professionalism Enhancement 

Program (EPEP); (c) attended or completed the Trust Account Management 

Program (TAMP); (d) paid the $558.01 in costs imposed in this action; and (e) 

notified all current clients and courts in which he had matters pending of his 

suspension; each of which were ordered by this Court. 

On May 19, 2023, this Court entered an Order to Show Cause directing 

Null to show cause why the 185-day probated portion of his one-year 

suspension should not be imposed for his failures to conform with this Court’s 

prior Order as alleged by the KBA. The Order to Show Cause further directed 

Null to do so within ten (10) days. 

As of the date of the entry of this Order, Null has filed no pleadings or 

documentation whatsoever in conformity with our show cause order.

In accord with the foregoing, IT IS HEREBY ORDERED that: 

1. The 185-day suspension, previously probated, is now imposed on 

Richard Davis Null as a suspension from the practice of law due to his failure

to show cause and his failure to comply with the terms of his probation as 

provided for in this Court’s Opinion and Order dated December 15, 2022. This 

185-day suspension is in addition to the 180- day suspension previously 

imposed by this Court and now constitutes a total suspension of one year, all 

in conformity with our December 15. 2022 Opinion and Order as modified on 

March 23, 2023. 

2. Pursuant to SCR 3.390, Null, if he has not already done so, shall,

within ten (10) days from the entry of this Order, notify all clients in writing of 
his inability to represent them, and notify all courts in which he has matters 

pending of his suspension from the practice of law, and furnish copies of said 

letters of Notice to the Office of Bar Counsel.

3. During the time of his suspension, Null shall not accept new clients or 

collect unearned fees. 

4. Pursuant to SCR 3.390, Null shall, to the extent possible, immediately 

cancel and cease any advertising activities in which he is engaged. 

VanMeter, C.J.; Bisig, Conley, Lambert, Keller, and Thompson, JJ., 

concur. Nickell, J., not sitting. 

ENTERED: August 24, 2023

_____________________________________

CHIEF JUSTICE
Exhibit 10.28







 


 





AMENDMENT
2


 


INDEPENDENT
CONTRACTOR AGREEMENT


 


This Amendment
2 to the Independent Contractor Agreement (the “Second Amended Agreement”) is effective as of January 1, 2018
(the “Effective Date”) by and between Richard L. Feinstein, CPA (“Feinstein”) and Enzon Pharmaceuticals,
Inc. (“Enzon”), pursuant to which Feinstein is continuing his engagement as Enzon’s Vice President-Finance
and Chief Financial Officer.


 


RECITALS


 


WHEREAS, Enzon and Feinstein
entered into an Independent Contractor Agreement effective as of December 13, 2013, as amended on December 28, 2015 (the “Amended
Agreement”), pursuant to which Feinstein was appointed to serve as Enzon’s Vice President-Finance and Chief Financial
Officer.


 


WHEREAS, Enzon desires to
continue to retain the services of Feinstein, and Feinstein desires to continue to provide such services to Enzon, subject to the
terms and conditions contained herein.


 


NOW, THEREFORE, in consideration
of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:


 


1.     Paragraph
1 of the Amended Agreement shall be deleted in its entirety and amended as follows: “Effective January 1, 2018, Feinstein
shall be paid at the rate of $300 per hour for each hour worked by Feinstein in connection with the Services. Feinstein shall perform
the Services at such times and as requested by Enzon.


 


2.     All
other terms and conditions shall remain the same.


 



     


     


    




 


IN WITNESS WHEREOF, the
parties have executed this Amended Agreement as of November 29, 2017.


 


	 	Enzon Pharmaceuticals, Inc.
	 	 
	 	 
	Dated:  November 29, 2017	By: /s/ Jennifer McNealey
	 	 
	 	 
	 	Richard L. Feinstein
	 	 
	 	 
	Dated:  November 29, 2017	/s/ Richard L. Feinstein
---

Exhibit 99.11

Mark H. Bailey, M.Sc.,P.Geo.
MINEFINDERS CORSORATION LTD.
2288 - 1177 West Hastings Street Vancouver, B.C., V5E 2K3 
Telephone (604) 687-6263 
Facsimile: (604) 687-6267 CONSENT OF EXPERT February 25, 2010 British Columbia Securities Cornmission 
Alberta Securities Commission 
Saskatchewan Financial Services Comrnission 
Manitoba Securities Commission 
Ontario Securities Cornmission 
New Brunswick Securities Commission 
Nova Scotia Securities Commission 
Registrar of Securities, Prince Edward Island 
Securities Commission of Newfoundland and Labrador 
Registrar of Securities, Northwest Territories 
Registrar of Securities, Nunavut 
Registrar of Securities, Yukon 
United States Securities and Exchange Commission Re:
     Annual Information Form dated February 25, 2010 (the "Annual Information Form") of Minefinders Corporation Inc. (the "Company"). I refer to technical information developed by the Company, the preparation of of which I supervised in my capacity as a "qualified person" as defined in NI 43-101,that is ccntained in news releasesand technical reports issued by the Company on various dates (the "Technical Information") as referenced in the Annual Informatiirn Form and documents incorporatedby reference therein. This letter is being filed as my consent to the use of my name and the Technical Information in the Annual Information Form and in documents incorporatud by reference therein I confirm that I have read the Annual lnformation Form and I have no reason to believe that there are any misrepresentations that are derived frorn the Technical Information refered to above or that are within my knowiedge as a result of the work I performed in connection with such Technical Information. I consent to the filing of this consent with the United States Securities and ExchangeCommission as part of the Company's Form 40-F dated February 25, 2010, and any amendment thereto, induding post-effective amendments and as part of a post-effective amendment to the Company's Forrn F-10, to incorporate the Company's Form 40-Fdated February 25, 2010. [Signature page follows] Yours truly, /s/ Mark H. BaileyMark H. BaileyFebruary25,2010


---
Exhibit 99.1



AES Gener S.A.

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

(18 U.S.C. Section 1350)



Pursuant to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002
(18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies as follows:



| | 1. |  | Felipe Cerón is the Chief Executive Officer of AES Gener S.A. (the Company).
| | -- |  | ------------------------------------------------------------------------------



| | 2. |  | To the best of my knowledge:
| | -- |  | ----------------------------



| | (A) |  | The Companys Form 20-F for the year ending December 31, 2002 accompanying this Certification, in the form filed with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (the exchange Act); and
| | --- |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (B) |  | The information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------



Dated: June 30, 2003



/s/ FELIPE CERONFelipe CerónChief Executive Officer
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of Digital Lightwave, Inc. (the "Company") for the quarter ended June 30, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "report"), I James Green, Chief Executive Officer of the Company, and I, Patricia Hayes, Chief Accounting Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



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.





|Dated:
August 19, 2003
By:
/s/ James Green

James Green
Chief Executive Officer and President


Dated:
August 19, 2003
By:
/s/ Patricia Hayes

Patricia Hayes
Chief Accounting Officer

(Principal Financial Officer
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The Honorable William G. Cambridge, Chief Judge, United States Distric t 1 Court for the District of Nebraska. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 96-3391

___________ Jerry A. Sabatka, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Nebraska. Union Pacific Railroad Company; * J.B. Baird, * [UNPUBLISHED] * Appellees. *

___________ Submitted: May 23, 1997 Filed: June 4, 1997

___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

___________ PERCURIAM. Je rryA. Sabatka appeals from the district court's 1 dism issal of his diversity action against Union Pacifi c Railroad C ompany and its Director of Telecommunications. Havi ng reviewed the record and the parties' briefs, w e co nclude that the dismissal was correct, and that a n exte nded discussion is not warranted. Accordingly, w e affirm. See 8th Cir. R. 47B.-2--3-

A true copy. Attest: CLERK, U. S. COURT OF APPEALS, EIGHT H CIRCUIT.
<PAGE>
                                                                    Exhibit 21.1

                         SUBSIDIARIES OF THE REGISTRANT
                         ------------------------------



TEAM Mucho, Inc. has the following subsidiaries, all of which are wholly owned:

Ohio corporations:

                          TEAM America 5, Inc.
                          TEAM America 10, Inc.
                          TEAM America 12, Inc.
                          TEAM America of Orlando, Inc.
                          TEAM America of Ohio, Inc.
                          TEAM America Professional Employer, Inc.
                          TEAM America of California, Inc.
                          TEAM America of Texas, Inc.
                          TEAM America of Oregon, Inc.
                          TEAM America of Washington, Inc.
                          TEAM America Information Resources, Inc.
                          Columbus E.L., Inc.

Michigan corporations:

                          The Personnel Department, Incorporated
                          The Personnel Department of Metropolitan Detroit, Inc.
                          PTM Management Company, Incorporated

Nebraska corporation:

                          TEAM America of Nebraska, Inc.

Indiana corporation:

                          TEAM America of Michigan, Inc.

Idaho corporation:

                          TEAM America West, Inc.

Tennessee corporation:

                          TEAM America Mid-South, Inc.

Montana corporation:

                          TEAM America of Montana, Inc.

Nevada corporation:

                          Mucho.com, Inc.

Utah corporation:

                          TEAM PSMI, Inc.
<PAGE>
                                                                    Exhibit 32.1

                                   SECTION 906
                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. section 1350, the undersigned officer of National
Processing, Inc. (the "Company") hereby certifies, to such officer's knowledge,
that the Company's Quarterly Report on Form 10-Q for the quarter ended September
30, 2003 (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that the information contained
in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

 Dated: November 7, 2003       /s/ Jon L. Gorney
                               -----------------------------------
                               Name: Jon L. Gorney
                               Title: Chairman 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 the Company and will be retained
by the Company and furnished to the Securities and Exchange Commission or its
staff upon request.