alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 37488

STATE OF IDAHO,

Plaintiff-Respondent,

v.

DAVID CLARK LANHAM,

Defendant-Appellant.

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2010 Unpublished Opinion No. 717

Filed: November 23, 2010

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Deborah A. Bail, District Judge. 

Judgment of conviction and unified sentence of ten years, with a minimum period 

of confinement of one year, for felony driving under the influence, affirmed.

Molly J. Huskey, State Appellate Public Defender; Diane M. Walker, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy 

Attorney General, Boise, for respondent. 

______________________________________________

Before LANSING, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

PER CURIAM

David Clark Lanham pled guilty to felony driving under the influence. I.C. §§ 18-8004, 

18-8005(6). In exchange for his guilty plea, an additional charge was dismissed. The district 

court sentenced Lanham to a unified term of ten years, with a minimum period of confinement of 

one year.

1

 Lanham appeals.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

 

1

Lanham also plead guilty to leaving the scene of an accident and was sentenced to a 

concurrent term of six months. However, he does not challenge this judgment of conviction or 

sentence on appeal. 
2

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Lanham’s judgment of conviction and sentence are affirmed.
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# SECY-10-0056 - Final Rule:  10 CFR Part 72 License and Certificate of Compliance Terms (RIN 3150-AI09)

Accession Number: ML100710025

Date Released: Tuesday, May 18, 2010

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    - ML100710052 - SECY-10-0056 - Final Rule:  10 CFR Part 72 License and Certificate of Compliance Terms (RIN 3150-AI09) (4 page(s), 5/3/2010)
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#### § 724.106 Effective date.

This subpart is effective on October 1, 2003.
# L_2016093EN.01004901.xml

| 7.4.2016 | EN | Official Journal of the European Union | L 93/49 |
| --- | --- | --- | --- |

7.4.2016

EN

Official Journal of the European Union

L 93/49

---

DECISION OF THE EEA JOINT COMMITTEE

No 32/2015

of 25 February 2015

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2016/520]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,

Whereas:

| (1) | It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 512/2014 of the European Parliament and of the Council of 16 April 2014 amending Regulation (EU) No 912/2010 setting up the European GNSS Agency (1). |
| --- | --- |

(1)

It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 512/2014 of the European Parliament and of the Council of 16 April 2014 amending Regulation (EU) No 912/2010 setting up the European GNSS Agency (1).

| (2) | Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place, |
| --- | --- |

(2)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place,

HAS ADOPTED THIS DECISION:

Article 1

The following is added in the indent (Regulation (EU) No 912/2010 of the European Parliament and of the Council) of point (a) of paragraph 8 of Article 1 of Protocol 31 to the EEA Agreement:

‘, as amended by:

| — | 32014 R 0512: Regulation (EU) No 512/2014 of the European Parliament and of the Council of 16 April 2014 (OJ L 150, 20.5.2014, p. 72).’ |
| --- | --- |

—

32014 R 0512: Regulation (EU) No 512/2014 of the European Parliament and of the Council of 16 April 2014 (OJ L 150, 20.5.2014, p. 72).’

Article 2

This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 25 February 2015.

For the EEA Joint Committee

The President

Gianluca GRIPPA

---

(1)  
  OJ L 150, 20.5.2014, p. 72.

1

(*1)  No constitutional requirements indicated.

*1

---
EXHIBIT 31.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER


I, Vincent Cater, the Chief Executive Officer of Freedom Bancshares, Inc.
(the "Company"), certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of the Company;

2.   Based on my knowledge, this quarterly report does not contain any untrue
     statement of a material fact or omit to state a material fact necessary to
     make the statements made, in light of the circumstances under which such
     statements were made, not misleading with respect to the period covered by
     this quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly report, fairly present in all
     material respects the financial condition, results of operations and cash
     flows of the Company as of, and for, the periods presented in this
     quarterly report;

4.   The Company's other certifying officer and I are responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a-14 and 15d-14) for the Company and have:

     (a)  designed such disclosure controls and procedures to ensure that
          material information relating to the Company, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which the periodic reports
          are being prepared;
     (b)  evaluated the effectiveness of the Company's internal disclosures
          controls and procedures as of a date within 90 days prior to this
          quarterly report (the "Evaluation Date"); and
     (c)  presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date.

5.   The Company's other certifying officer and I have disclosed, based on our
     most recent evaluation, to the Company's auditors and the audit committee
     of the Company's board of directors (or persons performing the equivalent
     function):

     (a)  all significant deficiencies in the design or operation of internal
          controls which could adversely affect the Company's ability to record,
          process, summarize and report financial data and have identified for
          the Company's auditors any material weaknesses in internal controls;
          and
     (b)  any fraud, whether or not material, that involves management or other
          employees who have a significant role in the Company's internal
          controls; and.

6.   The Company's other certifying officer and I have indicated in this
     quarterly report whether or not there were significant changes in internal
     controls or in other factors that could significantly affect internal
     controls subsequent to the date of their evaluation, including any
     corrective actions with regard to significant deficiencies and material
     weaknesses.

Dated this 14th  day of May 2004.


/s/Vincent Cater
-----------------------------
Vincent Cater
Chief Executive Officer
#### Harris v. Harris et al.

March 5, 1948.

Edward P. Hill, Judge.

Joe Hobson for appellant.

W. S. Wallen (deceased) and Edward L. Allen for appellee.

Opinion op the Court by

Clay, Commissioner—

Affirming.

This is a suit for an accounting and for the sale of real estate owned jointly by appellant and her brother, the principal appellee. The Chancellor settled the accounts of the parties; allowing appellee a small recovery against appellant, dividing the personalty, and ordering the real estate sold. This appeal is based on objections to numerous items of account.

The mother of appellant and appellee died intestate in 1944, leaving these two children as her only heirs at law. At the time of her death her estate had no liquid assets, but consisted of some tangible personal property and a town lot in Prestonsburg. On this lot were located two houses. At the time of the mother’s death one house was- occupied by appellant and the other by appellee and family. Later appellee moved to the larger house, which had been occupied by appellant, and at intervals they lived in the same house. The other house was rented to a third person.

No administrator of the estate was appointed, but appellee undertook to handle the affairs of the estate *797and was doing so at the time suit was filed in July, 1946. He had made no accounting to his sister.

Soon after their mother’s death appellant and appellee executed a note for $900, secured by a mortgage on the real estate, to a local bank. The proceeds of this note were used by appellee to pay hospital, doctor, and other bills. Thereafter appellee made some small advancements to appellant from time to time and expended various sums for the upkeep and repair of the two houses.

A substantial record was built up by the parties regarding the various expenditures by appellee. It would serve no useful purpose to go into detail.

The Special Commissioner, Bert T. Combs, who heard the evidence in the case, filed an excellent and exhaustive report on April 10, 1947, covering every phase of the controversy. A just and fair balance of accounts showed that appellant was actually indebted to appellee in a small amount. This report was upheld in all respects by the Chancellor.

We have carefully considered the entire record, and find that it not only supports the judgment but manifests that the finest type of justice was done between the parties.

The judgment is affirmed.
Exhibit 32


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 President and Chief Executive Officer and Vice President and Chief Financial Officer, respectively, of Nortek, Inc. (the “Company”), do hereby certify that to their knowledge:


|   |                                                                                                                                                                                                
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | the Company’s Quarterly Report on Form 10-Q for the fiscal quarter endedApril 2, 2011fully 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 Company’s Quarterly Report on Form 10-Q for the fiscal quarter endedApril 2, 2011fairly presents, in all material respects, the financial condition and results of operations of the Company.




/s/ Richard L. BreadyName:Richard L. BreadyTitle:President and Chief Executive Officer/s/ Almon C. HallName:Almon C. HallTitle:Vice President and Chief Financial Officer
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Alexander International Ltd. (the
"Company") on Form 10-QSB for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert Tsuida, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
13th day of November 2003.


/s/ Robert Tsuida
-------------------------
Chief Executive Officer
### §40304. Powers

The corporation may—

(1) adopt and amend a constitution, bylaws, and regulations;

(2) adopt and alter a corporate seal;

(3) establish and maintain offices in the District of Columbia and the States, territories, and possessions of the United States to conduct its affairs;

(4) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(5) sue and be sued; and

(6) do any other act necessary and proper to carry out the purposes of the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1332.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40304 | 36:205 (less perpetual succession). | July 1, 1946, ch. 527, §5 (less perpetual succession), 60 Stat. 347. |

Section

In clause (1), the word "amend" is substituted for "alter" for consistency in the revised title. The words "not inconsistent with law" are omitted as unnecessary.

In clause (3), the words "States, territories, and possessions" are substituted for "several States and Territories" for consistency in the revised title.

Clause (4) is substituted for "acquire, hold, mortgage, and dispose of such real and personal property as may be necessary for its corporate purposes" and "accept gifts, legacies, and devises which will further the corporate purposes" for consistency in the revised title and to eliminate unnecessary words.

In clause (6), the words "any other act" are substituted for "any and all acts and things" to eliminate unnecessary words. The word "objects" is omitted as unnecessary.
### §170104. Powers

(a) Specific Powers.—The corporation may—

(1) adopt and amend a constitution and bylaws;

(2) adopt and alter a corporate seal, emblems, and badges;

(3) choose officers, representatives, and agents as necessary to carry out the purposes of the corporation;

(4) make contracts;

(5) accept gifts, legacies, and devises that will further the purposes of the corporation;

(6) acquire, own, lease, encumber, and transfer property as necessary to carry out the purposes of the corporation;

(7) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property;

(8) establish, regulate, and discontinue subordinate State and regional organizations and local chapters or posts;

(9) establish and maintain offices to conduct the affairs of the corporation;

(10) publish a magazine, newspaper, and other publications;

(11) sue and be sued; and

(12) do any other act necessary and proper to carry out the purposes of the corporation.

(b) Privileges of Other National Veterans' Organizations.—Privileges granted to other national veterans' organizations as a result of their being incorporated by Congress are also granted to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1440.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 170104(a) | 36:1154 (less perpetual succession). | Aug. 11, 1971, Pub. L. 92–93, §§4 (less perpetual succession), 13, 85 Stat. 317, 319. |
| 170104(b) | 36:1163. | |

Section

In subsection (a)(1), the word "amend" is substituted for "alter" for consistency in the revised title. The words "not inconsistent with law" are omitted as unnecessary.

In subsection (a)(6), the words "acquire, own, lease, encumber, and transfer" are substituted for "acquire, hold, and dispose of" for consistency in the revised title. The words "such real and personal" and "as may be" are omitted as unnecessary.

In subsection (a)(7), the words "for the purposes of the corporation" are omitted as unnecessary. The words "issue instruments of indebtedness, and secure its obligations by granting security interests in its property" are substituted for "issue bonds therefor, and secure the same by mortgage" for consistency in the revised title. The words "subject in every case to all applicable provisions of Federal and State law" are omitted as unnecessary.

In subsection (a)(12), the words "any other act" are substituted for "any and all acts and things" for consistency in the revised title and to eliminate unnecessary words. The words "objects and" are omitted as unnecessary.

In subsection (b), the words "Such provisions", "and prerogatives", "heretofore", and "hereby" are omitted as unnecessary.
---

EXHIBIT 13.2



Certification of Chief Financial Officer pursuant to

Title 18, United States Code, Section 1350, as adopted
pursuant to

Section 906 of The Sarbanes-Oxley Act of 2002

I, Monique van Oord, Chief Financial Officer of Teryl Resources
Corp., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18
U.S.C. Section 1350, that, to the best of my knowledge:

1. The Annual Report on Form 20-F of Teryl Resources Corp. for
the year ended May 31, 2008 (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(a) or 78o(d)); and

2. The information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of
Teryl Resources Corp.

|Richmond, British Columbia, Canada |                          
|---------------------------------- | -------------------------
|                                   |                          
|                                   | by:  /s/ Monique van Oord
|                                   |                          
|November 25, 2008                  |                          
|                                   |                          
|                                   | Monique van Oord         
|                                   |                          
|                                   | Chief Financial Officer  



A signed original of this written statement required by Section
906 has been provided to Teryl Resources Corp. and will be retained by Teryl
Resources Corp. and furnished to the Securities and Exchange Commission or its
staff upon request.

---
NRC APPROVES POWER UPRATE FOR 

COMANCHE PEAK NUCLEAR POWER PLANT 

 The Nuclear Regulatory Commission June 26 approved a request by Luminant 

Generation Co. to increase the generating capacity of Units 1 and 2 of the Comanche Peak 

nuclear power plant by approximately 4.5 percent each. The reactors are located about 4 miles 

north of Glen Rose, Texas. 

 The NRC staff determined that Luminant could safely increase the reactor’s output 

primarily by upgrading major plant components such as turbines and transformers. NRC staff 

also reviewed Luminant’s evaluations showing the plant’s design can handle the increased power 

level. 

The NRC's safety evaluation of the plant’s proposed power uprate focused on several 

areas, such as the nuclear steam supply systems, instrumentation and control systems, electrical 

systems, accident evaluations, radiological consequences, operations and training, testing, and 

technical specification changes. 

The power uprate will increase Comanche Peak Unit 1’s generating capacity from 

approximately 1,210 to 1,259 megawatts electric, and Unit 2’s capacity from approximately 

1,208 to 1,245 megawatts electric. Luminant intends to implement the Unit 1 uprate during the 

fall 2008 refueling outage, and the Unit 2 uprate during the fall 2009 outage. 

The NRC previously published a notice about the power uprate application in the Federal 

Register, providing the public an opportunity to comment or request a hearing. No requests were 

submitted. The agency’s evaluation of the Comanche Peak uprate is available through the NRC’s 

ADAMS electronic document database by entering ML081510173 on this Web page: 

http://adamswebsearch.nrc.gov/dologin.htm. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-122 June 27, 2008