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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 98-7658

JAMES MCLAUGHLIN, a/k/a Mac,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Virginia, at Norfolk.

Rebecca B. Smith, District Judge.

(CR-94-47, CA-98-953-2)

Submitted: April 27, 1999

Decided: May 25, 1999

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

James McLaughlin, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________
OPINION

PER CURIAM:

McLaughlin appeals the district court's order dismissing his motion

filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) as barred

by the one-year limitation period imposed by the Antiterrorism and

Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat.

1214 (effective Apr. 24, 1996). Because we find that Johnson's

§ 2255 motion was timely filed, we vacate the district court's order

and remand for further proceedings.

The United States Supreme Court denied McLaughlin's petition for

a writ of certiorari on October 6, 1997, and McLaughlin mailed his

§ 2255 motion from prison on August 13, 1998. Because McLaughlin

filed* his § 2255 motion within a year after the Supreme Court denied

his petition for a writ of certiorari, we conclude that the district court

erred in dismissing McLaughlin's motion as untimely filed. See 28

U.S.C.A. § 2255; United States v. Simmonds , 111 F.3d 737, 744 (10th

Cir. 1997).

Accordingly, we grant a certificate of appealability on this issue,

vacate the district court's order denying McLaughlin's § 2255 motion,

and remand for further proceedings. 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.

VACATED AND REMANDED

_________________________________________________________________

*See Houston v. Lack, 487 U.S. 266 (1988).

 2
Amendment Credit Agreement Borrower Lenders Arranger Syndication Agent Co-Administrative Agent Administrative Agent
  FAST Acquisition FAST Acquisition Agreement FAST Purchase Price
 Holdings FAST Acquisition Note
    Defined Terms




---



##### 



Amendments to Section 1.1 of the Credit Agreement (Defined Terms)
        Subordination Agreement
  FAST Acquisition
 FAST Acquisition Agreement
 FAST Acquisition Documentation
 2




---



##### 



FAST Acquisition Note
 FAST Subordination Agreement
 FAST Subordinated Debt Documentation
 Fifth Amendment
 Fifth Amendment Effective Date
 Amendment to Section 2.10 of the Credit Agreement (Mandatory
Prepayments)
 Amendment to Section 7.2 of the Credit Agreement (Limitation on
Indebtedness
 provided provided further
 Amendment to Section 7.8 of the Credit Agreement (Limitation on
Investments)
 3




---



##### 



provided
 Amendment to Section 7.9 of the Credit Agreement (Limitation on Transactions
with Affiliates)
 Amendment to Section 7.15 of the Credit Agreement (Limitation on Amendments
to Other Documents)
 Limitation on Amendments to Other Documents
 Amendments to Section 7 of the Credit Agreement (Negative Covenants)
 Limitation on Amendments to the FAST Acquisition Documentation
 4




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##### 



Amendment to Section 8 of the Credit Agreement (Events of Default)
  Consent to the Amendment and Restatement of the Subordination Agreement
 Conditions to Effectiveness Fifth Amendment Effective Date
 Amendment
 Acknowledgment and Consent
 Lender Consent Letter Lender Consent Letter
 Environmental Matters
 Fees, etc
 Representations and Warranties
  5




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##### 



Amendment Documents
     Payment of Expenses
 Limited Effect
 6




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##### 



GOVERNING LAW
 Miscellaneous
  7




---



##### 



MAPCO EXPRESS, INC.By:
    /s/ Tony McLartyName:
    Tony McLartyTitle:
    VP Human ResourcesBy:
    /s/ Paul PierceName:
    Paul PierceTitle:
    VP Marketing




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##### 



LEHMAN COMMERCIAL PAPER INC., as Administrative
AgentBy:
    /s/ Ritam BhallaName:
    Ritam BhallaTitle:
    Authorized Signatory




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##### 



FIFTH AMENDMENT
  Fifth
Amendment Credit Agreement Borrower Lenders Arranger Syndication Agent Co-Administrative Agent Administrative
Agent Guarantee and
Collateral Agreement Grantors




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##### 



DELEK US HOLDINGS, INC.By:Title:By:Title:MAPCO EXPRESS, INC.By:Title:By:Title:GASOLINE ASSOCIATED SERVICES, INC.By:Title:By:Title:LIBERTY WHOLESALE CO., INC.By:Title:By:Title:WILLIAMSON OIL CO., INC.By:Title:By:Title:




---



##### 



TO FIFTH AMENDMENT
  
 To:
    
    Lehman Commercial Paper Inc.,
as Administrative Agent
745 Seventh Avenue
Bank Loans -16th Floor
New York, New York 10019
Attn: Diane Albanese
  Credit Agreement Borrower Lenders Arranger Syndication Agent Co-Administrative Agent Administrative
Agent
 Fifth Amendment




---



##### 



Very truly yours,(NAME OF LENDER)By:
    
    Name:Title:Dated: June___, 2006




---



##### 



By:
    
    Name:Title: Authorized Signatory
----

**EXHIBIT      32.3**

| (1)    | the                Annual Report on Form 10-K of the Company for the annual period ended                December 31, 2005 (the “Report”) fully complies with the requirements                of Section 13(a) or 15(d) of the Securities Exchange Act of 1934                (15                U.S.C. 78m or 78o(d)); and |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                                                                                                        |
| (2)    | the                information contained in the Report fairly presents, in all material                respects, the financial condition and result of operations of the                Company.                                                                                                                                            |
|   |                                                                                                                                                                                                                                                                                                                                        |

| Dated:                March 3,                2006 |  /s/                Gregory E. Abel |   |
|---------------------------------------------------------|------------------------------------------|--------|
|                                                    | Gregory                E. Abel           |   |
|                                                    | President                                |   |
|                                                    | (chief                executive officer) |   |

----
# FILED
January 22, 1999 Cecil W. Crowson Appellate Cou rt Clerk IN THE COURT OF CRIMI NAL APPEALS OF TENNESSEE

AT NASHVILLE AUGUST 1998 SESSION

STATE OF TENNESSEE, ) ) Appellee, ) No. 01C01-9711-CC-00521

) ) Coffee County v. ) ) Honorable Geral d Ewell, Sr., Judge ) PARKS A. BRYAN, ) (First degree murder) ) Appellant. )

CONCURRING OPINION

I concur in the results r eached and most of the reasoning used in the majority opinion. How

ever, I respectfully

disagree with its

conclusion that all of the photographs were proper ly admitted.

Two color photographs from the autopsy show the ri b cage area of the victim’s body w

ith the skin cut away . As the majority admits , they are “somewhat graphic an d gruesom e.” Befo re the sta te sought to introd uce thes e photogr aphs, two doctors had testified for the state relative to the vic tim’s injuries. One des cribed the severity of the breaks in the victim’s ribs as follows:

A lotof times I probably see three or four people a w eek with rib fractures which are si mple fractures. We call them green stick like where yo u might

take a l imb off

the tree and bend it up and break it and let it come back. When you look at it, it looks solid and still is solid and strong, but it has a small crack in it. This particular l ady, she had multiple compound fractures. Her bones were literally broken apart, and these broken portions then entered the lung and caused the lung to collapse and the bleeding t o occur, so as you know , a lot of people have four or five or six fra ctured ri bs and do not have problems

with their lungs,but this particular lady had so many multi ple c ompound fractures that these fractu res were very extensive so that is what caused her slow bleeding death, an d2 these fractured ribs then entered the lung, and the evidence shows that she bled to death o ver a period of time. The pathologist was no le ss blunt and graphic in h is testimony.

At no time did the defense seek to conte st the extent of the injuries as describe d by the do ctors. Und er these c ircumsta nces, I be lieve that these two photographs should have been excluded under Rule 403, Tenn. R . Evidence. In light of the doctors’ graphic tes timony and the defendant’s acqui escence in that testimony, the photographs were superflu ously cumulative in terms of proving the ex tent of the rib and internal damages. On the other hand, given the nature of the do ctors’ testimony and the other photographs, I do not believe that the two photographs of concern more probably than not affected the outcome of the c ase. See T.R.A.P. 36(b).

____________________________ Joseph M. Tipton, Judge
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

August 26, 2014

jam 

# Order

Clerk August 26, 2014

14 9875 (2 7 )

IN RE HILTON

__________________

GAMAL ALI HILTON

,

Plaintiff

- Appellant,

v SC: 14 9875

COA: 320270

MANISTEE COUNTY CLERK,

Defendant

- Appellee.

___________________________________

On order of the Chief Justice, plaintiff’s motion for reconsideration of the

order of August 13 , 2014 is denied because it does not appear that the order was entered

erroneously. Within 21 days of the certification of this order, plaintiff shall pay the initial

partial filing fee of $ 13 .00 as ordered. Failure to comply with the terms of this order

shall result in administrative dismissal of plaintiff’s appeal.
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 Greystone Logistics, Inc. (the
“Company”), on Form 10-Q for the period ending August 31, 2009, as filed with
the Securities and Exchange Commission on the date hereof (the “Report”), I,
Warren F. Kruger, President and Chief Executive 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.





October
      20, 2009
              
              /s/ Warren
      F. KrugerWarren
      F. KrugerPresident
      and Chief Executive Officer


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.





The
foregoing certification is being furnished to the Securities and Exchange
Commission as an exhibit to the Report and shall not be considered filed as part
of the Report.
#### Nancy B. Johnson, Appellant, v Gary Botchman et al., Respondents.

[666 NYS2d 474]

—In an action, *inter alia,*to recover damages for wrongful termination of employment, the plaintiff appeals from an order of the Supreme Court, Rock-land County (Sherwood, J.), dated November 18, 1996, which granted the defendants’ separate motions pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

Contrary to the plaintiff’s contention, the allegations in her complaint do not establish that the circumstances under which her employment was terminated constitute a violation of Penal *424Law §§ 215.10, 215.14, or 215.45 by her employer, the defendant Gary Botchman. Accordingly, the issue of whether any of these statutes create an implied private right of action is academic, and her first cause of action against Botchman was properly dismissed.

The complaint fails to state a cause of action against the defendants William Stephens and Equity Stars, Inc., for interference with a business relationship. The plaintiff did not make the required showing that these defendants interfered with her relationship with her employer “either with the sole purpose of harming [her] or by means that were unlawful or improper” (71 *Pierrepont Assocs. v 71 Pierrepont Corp.,*243 AD2d 625; *see, Nassau Diagnostic Imaging & Radiation Oncology Assocs. v Winthrop-University Hosp.,*197 AD2d 563; *WFB Telecommunications v NYNEX Corp.,*188 AD2d 257; *cf., Herlihy v Metropolitan Museum of Art,*214 AD2d 250). Accordingly, the Supreme Court properly dismissed the complaint in its entirety. Bracken, J. P., O’Brien, Thompson and Altman, JJ., concur.
V 

111TH CONGRESS 

1ST SESSION H. R. 3121 

To authorize and request the President to award the Medal of Honor to 

Richard D. Winters, of Hershey, Pennsylvania, for acts of valor on 

June 6, 1944, in Normandy, France, while an officer in the 101st 

Airborne Division. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 7, 2009 

Mr. HOLDEN introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To authorize and request the President to award the Medal 

of Honor to Richard D. Winters, of Hershey, Pennsylvania, for acts of valor on June 6, 1944, in Normandy, 

France, while an officer in the 101st Airborne Division. 

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

3 SECTION 1. AUTHORIZATION AND REQUEST FOR AWARD 

4 OF MEDAL OF HONOR TO RICHARD D. WIN5 TERS FOR ACTS OF VALOR ON JUNE 6, 1944. 

6 (a) AUTHORIZATION.—The President is authorized 

7 and requested to award the Medal of Honor under section 

8 3741 of title 10, United States Code, to Richard D. WinVerDate Nov 24 2008 02:55 Jul 08, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3121.IH H3121

jbell on DSK2BSOYB1PROD with BILLS
2 

•HR 3121 IH

1 ters, of Hershey, Pennsylvania, for the acts of valor de2 scribed in subsection (b). 

3 (b) ACTION DESCRIBED.—The acts of valor referred 

4 to in subsection (a) are the actions of Richard D. Winters, 

5 being conspicuous acts of gallantry and intrepidity at the 

6 risk of his life and beyond the call of duty, on D-day, June 

7 6, 1944, in Normandy, France, while executive officer and 

8 acting commanding officer of Company E, 506th Para9 chute Infantry Regiment, 101st Airborne Division, in lead10 ing an assault to neutralize four enemy 105-millimeter 

11 cannon firing on Utah Beach. 

12 (c) WAIVER OF TIME LIMITATIONS.—The award 

13 under subsection (a) may be made without regard to the 

14 time limitations specified in section 3744(b) of title 10, 

15 United States Code, or any other time limitation with re16 spect to the awarding of certain medals to persons who 

17 served in the Army. 

Æ 


jbell on DSK2BSOYB1PROD with BILLS
Exhibit 32.2

Certification of Chief Financial Officer Pursuant to

18 U.S.C. Section 1350, as Adopted
Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

I, Scott J. Davidson, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report of Quest Software, Inc. on Form 10-Q for the three months ended March 31, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in
such Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.



|      |  |                   |  |  |  |        |  |                                               
|----- |  | ----------------- |  |  |  | ------ |  | ----------------------------------------------
|      |  |                   |  | 
|Date: |  | December 31, 2007 |  |  |  | By:    |  | /s/ Scott J. Davidson                         
|      |  |                   |  |  |  | Name:  |  | Scott J. Davidson                             
|      |  |                   |  |  |  | Title: |  | Senior Vice President, Chief Financial Officer
[No. 30372-1-III.

Division Three.

October 4, 2012.]

#### Ben Christopher Schoenwald, *as Personal Representative, Respondent,*v. American Trading and Exchange Corporation et al., *Appellants.*

Appeal from a judgment of the Superior Court for Stevens County, No. 10-2-00343-4, Allen Nielson, J., entered October 25, 2011. *Affirmed*by unpublished opinion per

Brown, J.,

concurred in by Korsmo, C.J., and Kulik, J.
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8
(Nos. 33-85272, 33-94972, 333-87715, 333-39129, 333-41954, 333-54010, 333-59859, 333-63156, 333-100094, 333-113683, 333-119799,
333-128529, and 333-130419) and the Registration Statements on Form S-3 (Nos. 333-111527 and 333-86072) of Mattson
Technology, Inc. of our report dated February 22, 2008, relating to the financial statements, financial statement schedule and the
effectiveness of internal control over financial reporting, which appears in this Annual Report on Form 10-K.

/s/ PricewaterhouseCoopers LLP 
San Jose, California 
February 22, 2008

---
**Exhibit
        32.2**
 
 Certification
        of Chief Financial Officer
 Pursuant
        to 18 U.S.C. Section 1350,
 As
        Adopted Pursuant to Section 906 of the
 Sarbanes
        - Oxley Act of 2002
 
 I,
        Richard K Brock, Chief Financial Officer of PLM Financial Services, Inc.,
        do
        hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
        Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,
        that:
 
 (i)  The
        Form
        10-KSB of Professional Lease Management Income Fund I, L.L.C. Liquidating
        Trust
        (the Trust) for the period September 29, 2006 (inception) through December
        31,
        2006, (the Report) fully complies with the requirements of Section 13(a)
        of the
        Securities Exchange Act of 1934, (15 U.S.C. 78m), and
 
 (ii)  The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Trust.
 
 Dated:
        March 27, 2007
 
 /s/
        Richard K
        Brock
 Richard
        K Brock
 Chief
        Financial Officer of PLM
        Financial Services, Inc.
 (Principal
        Financial
        Officer)
 
 
 A
        signed
        original of this written statement required by Section 906 has been provided
        to
        the Registrant and will be retained by the Registrant and furnished to the
        Securities and Exchange Commission or its staff upon request.
 
 This
        certification accompanies the Form 10-KSB to which it relates, is not deemed
        filed with the Securities and Exchange Commission and is not to be incorporated
        by reference into any filing of the Registrant under the Securities Act of
        1933
        or the Securities Exchange Act of 1934 (whether made before or after the
        date of
        the Form 10-KSB), irrespective of any general incorporation language contained
        in such filing.
                        36
Order entered September 2 7 , 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 00494
- CR RONNIE DILLARD, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court of Appeals No. 2

Dallas County, Texas Trial Court Cause No. MB12
- 63717
- M



### O RDER
The Court REINSTATE S the appeal. On August 28, 2013, we ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue th e appeal; (2) appellant is indigent and represented by court

- appointed counsel Nanette Hendrickson; (3) Ms. Hendrickson’s explanation for the delay in filing appellant’s brief is her workload; and (4) Ms. Hendrickson requested thirty days from the Septemb er 18, 2013 hearing to file appellant’s brief.
We ORDER appellant to file his brief by OCTOBER 18, 2013

. Because appellant’s brief is already two months overdue, no further extensions will be granted. If appellant’s brief is not filed by the date specif ied, we will order Nanette Hendrickson and the Dallas County PublicDefender’s Office removed as counsel and will order the trial court to appoint a new attorney to

represent appellant in this appeal.
We DIRECT the Clerk to send copies of this order, by el ectronic transmission, to the Honorable Jeffrey Rosenfield, Presiding Judge, County Criminal Court of Appeals No. 2; Katherine Drew, Appellate

- Chief, Dallas County Public Defender’s Office; Nanette Hendrickson, Dallas County Public Defender’s Office; and t he Dallas County District Attorney’s
Office.

/s/ LANA MYERS JUSTICE
[Nos. 66800-5-I; 67400-5-I.

Division One.

October 29, 2012.]

#### TBF Financial, LLC, *Respondent,*v. Boris Petrenko et al., *Appellants.*

Appeals from a judgment of the Superior Court for King County, No. 10-2-39911-9, Richard D. Eadie, J., entered February 4, 2011. *Reversed*and *remanded*by unpublished opinion per

Leach, C.J.,

concurred in by Grosse, J., and Ellington, J. Pro Tern.