alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Trone Lamon Donell FRANCIS, Defendant-Appellant.

No. 08-7860.

United States Court of Appeals, Fourth Circuit.

Submitted: March 3, 2011.

Decided: April 1, 2011.

Troné Lamon Donell Francis, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Troné Lamon Donell Francis appeals the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582(c)(2) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. *See United States v. Legree,*205 F.3d 724, 728-29 (4th Cir.2000); *United States v. Francis,*No. l:99-cr-00114-LHT-1 (W.D.N.C. Aug. 27, 2008). 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.*
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Proposed Rules]
[Page 48013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22215]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM18-1-000]


Grid Reliability and Resilience Pricing

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Proposed rule; Request for Comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
inviting comments on the proposed rule published on October 10, 2017 in 
the Federal Register by the Commission at the direction of the 
Department of Energy.

DATES: Interested persons are invited to submit comments on all matters 
and issues regarding the Proposal. Comments are due on or before 
October 23, 2017. Reply comments are due on or before November 7, 2017.

ADDRESSES:  Comments must refer to Docket No. RM18-1-000 and must 
include the commenter's name, the organization they represent, if 
applicable, and their address.
    The Commission encourages comments to be filed electronically via 
the eFiling link on the Commission's Web site at http://www.ferc.gov. 
The Commission accepts most standard word processing formats. Documents 
created electronically using word processing software should be filed 
in native applications or print-to-PDF format and not in a scanned 
format. Commenters filing electronically do not need to make a paper 
filing.
    Commenters that are not able to file comments electronically must 
send an original of their comments to: Federal Energy Regulatory 
Commission, Secretary of the Commission, 888 First Street NE., 
Washington, DC 20426.

SUPPLEMENTARY INFORMATION: On October 10, 2017, pursuant to section 403 
of the Department of Energy Organization Act,\1\ the Secretary of 
Energy (Secretary) published in the Federal Register a proposed rule 
for final action (Proposal) by the Federal Energy Regulatory Commission 
(Commission).\2\
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 7173 (2012).
    \2\ 82 FR 46940 (Oct. 10, 2017).
---------------------------------------------------------------------------

    All comments will be placed in the Commission's public files and 
may be viewed, printed, or downloaded remotely. Commenters on the 
Proposal are not required to serve copies of their comments on other 
commenters.

    Dated: October 2, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-22215 Filed 10-13-17; 8:45 am]
 BILLING CODE 6717-01-P
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-60300 (Summary Calendar)

__________________
EDDY MORALES, CLAUDIA SALVATIERRA,

Petitioners,

versus IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals (A72 449 541, A29 925 562)

- - - - - - - - - - February 9, 1996 Before WIENER, PARKER and DENNIS, Circuit Judges.
PER CURIAM: * Nicaraguan citizens Eddy Morales and Claudia Salvatierra
assert that the Board of I mmigration Appeals ("BIA") abused its discretion in denying their applications for asylum and withdrawal of deportation. Salvatierra also challenges the denial of her application for suspension of d eportation. We have reviewed the record and find that the BIA's adoption of the Immigration Judge's decision denying Morales's and Salvatierra's applications was2

supported by substantial evidence. S ee Faddoul v. INS , 37 F.3d 185, 188 (5th Cir. 1994). The petition for review is
DENIED.
EXHIBIT 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
           PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section  906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C.  Section
1350,  as  adopted),  Thomas E.  Wharton  Jr.,  the Chief  Executive  Officer of
iSECUREtrac  Corp.  (the  "Company"),  and David G.  Vana,  the Chief  Financial
Officer of the Company, each hereby certifies that:

1.       The  Company's  Quarterly  Report on Form  10-QSB for the period  ended
         September 30, 2005, to which this  Certification is attached as Exhibit
         32 (the "Periodic  Report"),  fully complies with the  requirements  of
         Section 13(a) or Section 15(d) of the Securities  Exchange Act of 1934,
         as amended; and

2.       The information  contained in the Periodic Report fairly  presents,  in
         all material  respects,  the financial  condition of the Company at the
         end of the  period  covered  by the  Periodic  Report  and  results  of
         operations  of the  Company  for the  period  covered  by the  Periodic
         Report.


Dated:  November 9, 2005


/s/   Thomas E. Wharton Jr.                        /s/   David G. Vana
---------------------------                       ----------------------------
       Thomas E. Wharton Jr.                             David G. Vana
       Chief Executive Officer                           Chief Financial Officer
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 10162]

# FOR FURTHER INFORMATION CONTACT:

                        For further information on the renewal of the Advisory Panel, please contact Elana Mendelson, Office of Marine Conservation in the Department of State, (202) 647-1073 or                         *Katz-MinkEH@state.gov.*

David A. Balton,

Deputy Assistant Secretary for Oceans and Fisheries, Department of State.

[FR Doc. 2017-22323 Filed 10-13-17; 8:45 am]

 BILLING CODE 4710-09-P
EXHIBIT 21.1
 SUBSIDIARIES OF THE COMPANY
 State ofNames
    
    Incorporation
    
    D/B/A (if applicable)The Healthy Edge, Inc
    
    ArizonaChamberlin Natural Foods, Inc.
    
    Florida
    
    Chamberlins Market CaféHealth Food Associates, Inc.
    
    Oklahoma
    
    Akins Natural Food MarketHawaiian Natural Water Co., Inc
    
    DelawareThe Beverage Group, Inc.
    
    DelawareIdaho Water 2009, Inc. (Formerly Trinity Springs, Inc.)
    
    Delaware
IB 

Union Calendar No. 403 

111TH CONGRESS 

2D SESSION H. R. 3190 

[Report No. 111–676] 

To restore the rule that agreements between manufacturers and retailers, 

distributors, or wholesalers to set the price below which the manufacturer’s product or service cannot be sold violates the Sherman Act. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2009 

Mr. JOHNSON of Georgia (for himself and Mr. CONYERS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

DECEMBER 8, 2010 

Additional sponsors: Mr. BOUCHER and Ms. JACKSON LEE of Texas 

DECEMBER 8, 2010 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 3190 RH

A BILL 

To restore the rule that agreements between manufacturers 

and retailers, distributors, or wholesalers to set the price 

below which the manufacturer’s product or service cannot 

be sold violates the Sherman Act. 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

•HR 3190 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Discount Pricing Con5 sumer Protection Act of 2009’’. 

6 SEC. 2. PROHIBITION ON MINIMUM RESALE PRICE MAINTE7 NANCE. 

8 Any agreement setting a price below which a product 

9 or service cannot be sold by a retailer, wholesaler, or dis10 tributor shall violate section 1 of the Sherman Act (15 

11 U.S.C. 1). 

12 SEC. 3. EFFECTIVE DATE. 

13 This Act shall take effect 90 days after the date of 

14 the enactment of this Act. 


emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 403 

111TH CONGRESS 

2D SESSION H. R. 3190 

[Report No. 111–676] 

A BILL 

To restore the rule that agreements between manuthe Sherman Act. turer’s product or service cannot be sold violates salers to set the price below which the manufac- facturers and retailers, distributors, or wholeDECEMBER 8, 2010 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK2BSOYB1PROD with BILLS
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3132 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3132

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  reauthorize the Matching Grant Program for School Security through 
                           fiscal year 2012.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2009

  Mr. Rothman of New Jersey introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  reauthorize the Matching Grant Program for School Security through 
                           fiscal year 2012.

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

SECTION 1. REAUTHORIZATION OF MATCHING GRANT PROGRAM FOR SCHOOL 
              SECURITY.

    Section 2705 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797e) is amended by striking ``2009'' and inserting 
``2012''.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> BD
<LEGEND> This schedule contains summary financial information extracted from
balance sheet/statement of operations and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                      27,103,091
<RECEIVABLES>                                1,955,533
<SECURITIES-RESALE>                                  0
<SECURITIES-BORROWED>                                0
<INSTRUMENTS-OWNED>                            145,289
<PP&E>                                       6,007,560
<TOTAL-ASSETS>                              37,447,519
<SHORT-TERM>                                         0
<PAYABLES>                                   2,372,704
<REPOS-SOLD>                                         0
<SECURITIES-LOANED>                                  0
<INSTRUMENTS-SOLD>                             250,323
<LONG-TERM>                                          0
<COMMON>                                       257,677
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  32,768,857
<TOTAL-LIABILITY-AND-EQUITY>                37,447,519
<TRADING-REVENUE>                           18,359,057
<INTEREST-DIVIDENDS>                         1,406,920
<COMMISSIONS>                                        0
<INVESTMENT-BANKING-REVENUES>                        0
<FEE-REVENUE>                                  613,879
<INTEREST-EXPENSE>                                   0
<COMPENSATION>                               2,015,040
<INCOME-PRETAX>                           (10,680,168)
<INCOME-PRE-EXTRAORDINARY>                (10,680,168)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (10,680,168)
<EPS-BASIC>                                     (0.42)
<EPS-DILUTED>                                   (0.42)


</TABLE>
#### Ashlee Castro, an Infant, by Her Mother and Natural Guardian, Maritza Gonzalez, et al., Appellants, v New York Hospital Medical Center of Queens et al., Respondents.

[859 NYS2d 638]

Order, Supreme Court, Bronx County (Maryann Brigantti-Hughes, J.), entered on or about November 26, 2007, which granted defendants’ motion pursuant to CELR 510 and 511 to change venue from Bronx County to Queens County, unanimously affirmed, without costs.

Defendants met their initial burden of establishing that the *252venue chosen by plaintiffs in this medical malpractice action was improper *(see Hernandez v Seminatore,*48 AD3d 260 [2008]). Defendants were located in Queens County, the alleged malpractice occurred in Queens County, and the medical records reflect that just weeks prior to the commencement of this action, plaintiffs lived at a Queens County address. This address did not match plaintiffs’ purported Bronx address listed on the summons, which was misspelled and did not include a zip code. In opposition, plaintiffs failed to provide supporting documentation establishing their residency in Bronx County *(see id.; Goldberg v Bierman,*35 AD3d 807 [2006]). Furthermore, contrary to plaintiff’s contention, the court was not required to conduct a hearing prior to deciding the subject motion *(compare Rivera v Jensen,*307 AD2d 229, 230 [2003]). Concur—Tom, J.P, Friedman, Nardelli, Buckley and Renwick, JJ.
<PAGE>

                                                                    EXHIBIT 10.3

                       AMENDMENT TO EMPLOYMENT AGREEMENT

          THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment"), dated as of
October 15, 1999, between bamboo.com, Inc., a Delaware corporation (formerly
known as Jutvision Corporation) (the "Company"), and Leonard B. McCurdy,
("Employee"), amends the Employment Agreement, dated as of January 1, 1999,
between bamboo.com and Employee (the "Agreement").

          IN CONSIDERATION of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:

          1.  Base Salary.  Effective October 1, 1999, the Base Salary set forth
              -----------
in Section 4.1 of the Agreement is increased to an annual rate of $280,000.

          2.  Payments Upon Termination of Employment.  The period for payment
              ---------------------------------------
of the Continuation Payments specified in Section 7.1(d) of the Agreement is
increased from six months to twelve months.

          3.  Miscellaneous.  Except as expressly amended hereby, the Agreement
              -------------
is, and shall remain, in full force and effect and each and every term and
condition thereof is hereby confirmed, continued and ratified.  All terms
defined in the Agreement, except as otherwise defined herein, shall have the
same meanings where used herein.  This Amendment may not be altered, amended or
modified in any way except by a writing signed by both parties.  This Amendment
may be executed by exchange of signature pages by facsimile and/or in any number
of counterparts, each of which shall be an original as against the party whose
signature appears thereon and all of which together shall constitute one and the
same instrument.


          IN WITNESS WHEREOF, the parties have executed this Amendment as of the
day and year first above written.


BAMBOO.COM, INC.                                  LEONARD B. MCCURDY


By: /s/ Andrew P. Laszlo                          /s/ Leonard B. McCurdy
    -----------------------------------           ------------------------------
Name: Andrew P. Laszlo
     ----------------------------------
Title: Senior VP, Business Development
      ---------------------------------
#### Robert Mack et al., Respondents, v Ford Motor Company, Appellant.

(Appeal No. 2.)

[667 NYS2d 585]

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiffs’ motion for partial summary judgment on the Labor Law § 240 (1) cause of action. Robert Mack (plaintiff) fell while walking on a three-tiered scaffold. The level on which plaintiff was walking had no guardrail. Although plaintiff did not use the safety equipment available at the worksite, defendant presented no evidence that plaintiff “refused” to use the safety equipment and thus was a recalcitrant worker *(see, Gordon v Eastern Ry. Supply,*82 NY2d 555, 562-563; *Hagins v State of New York,*81 NY2d 921, 922-923; *Stolt v General Foods Corp.,*81 NY2d 918, 920).

We reject defendant’s argument that plaintiff’s execution of a waiver absolved defendant of liability. That waiver is contrary to public policy because it effectively eliminates the purpose of Labor Law § 240 (1), i.e., “to protect workers and to impose the responsibility for safety practices on [owners and contractors, who are] best situated to bear that responsibility” *(Ross v Curtis-Palmer Hydro-Elec. Co.,*81 NY2d 494, 500; *see, Rocovich v Consolidated Edison Co.,*78 NY2d 509, 513). (Appeal from Order of Supreme Court, Erie County, Mahoney, J.— Summary Judgment.) Present—Denman, P. J., Lawton, Hayes, Balio and Boehm, JJ.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6596
FRANCIS CLAYTON HOOD, Plaintiff - Appellant, versus OFFICER MURPHY; OFFICER LEGGETT; OFFICER SENTIRO, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-94-590-5-BO) Submitted: November 6, 1997 Decided: January 20, 1998 Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Francis Clayton Hood, Appellant Pro Se. Cheryl A. Marteney, WARD & SMITH, P.A., New Bern, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Hood v. Murphy , No. CA-94-590-5-BO (E.D.N.C. Apr. 5, 1996). We deny Appellees' motion to dismiss the appeal based on Appellant's untimely filing and service of his informal brief. We disp ense 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
Exhibit 32

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

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and in connection with the filing by Intermost
Corporation (the "Company") with the Securities and Exchange Commission of its
Quarterly Report on Form 10-QSB for the three months ended December 31, 2004
(the "Report"), the undersigned, Andy Lin, Chief Executive Officer and Chief
Financial Officer of the Company, does hereby certify, that to the best of his
knowledge:

         (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.


Date:  February 21, 2005                         /s/ ANDY LIN
                                                 ---------------------------
                                                 Andy Lin
                                                 Chief Executive Officer
                                                 and Chief Financial Officer