alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Scott Hodgins, Appellant.

[715 NYS2d 814]

—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the evidence is legally insufficient to support the conviction of burglary in the second degree (Penal Law § 140.25 [2]). The evidence, viewed in the light most favorable to the People *(see, People v Contes,*60 NY2d 620, 621), establishes beyond a reasonable doubt that the entry by defendant into his cousin’s cabin was unlawful *(see, People v Barnes,*210 AD2d 491, *lv denied*85 NY2d 906); the cabin is a “dwelling” as defined in Penal Law § 140.00 (3) *(see, People v Sheirod,*124 AD2d 14, 17-18, *lv denied*70 NY2d 656); and defendant intended to commit a crime when he entered the cabin *(see, People v Mitchell,*254 AD2d 830, 831, *lv denied*92 NY2d 984). We also reject defendant’s contention that the evidence is legally insufficient to support the conviction of unlawful imprisonment in the second degree (Penal Law § 135.05; *see, People v Boyd,*122 AD2d 273, 275). County Court properly permitted the People to introduce expert testimony regarding learned helplessness syndrome and battered woman syndrome *(see, People v Hryckewicz,*221 AD2d 990, 990-991, *lv denied*88 NY2d 849). Defendant’s contention that the court’s burglary charge is erroneous is not preserved for our review *(see,*CPL 470.05 [2]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice *(see,*CPL 470.15 [6] [a]). The sentence is not unduly harsh or severe. (Appeal from Judgment of Oneida County Court, Dwyer, J. — Burglary, 2nd Degree.) Present — Pigott, Jr., P. J., Green, Pine, Balio and Lawton, JJ.
### §3191. Assistant Secretary for Economic Development

#### (a) In general

The Secretary shall carry out this chapter through an Assistant Secretary of Commerce for Economic Development, to be appointed by the President, by and with the advice and consent of the Senate.

#### (b) Compensation

The Assistant Secretary of Commerce for Economic Development shall be compensated at the rate payable for level IV of the Executive Schedule under section 5315 of title 5.

#### (c) Duties

The Assistant Secretary of Commerce for Economic Development shall carry out such duties as the Secretary shall require and shall serve as the administrator of the Economic Development Administration of the Department.

(Pub. L. 89–136, title V, §501, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3610.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3191, Pub. L. 89–136, title V, §512, as added Pub. L. 91–123, title II, §206, Nov. 25, 1969, 83 Stat. 218; amended Pub. L. 92–65, title I, §110, Aug. 5, 1971, 85 Stat. 167, related to Federal Field Committee for Development Planning in Alaska, prior to repeal by Pub. L. 97–35, title XVIII, §1821(a)(8), Aug. 13, 1981, 95 Stat. 766, effective Sept. 30, 1981.

A prior section 501 of Pub. L. 89–136 was classified to section 3181 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
[Federal Register Volume 69, Number 239 (Tuesday, December 14, 2004)]
[Notices]
[Page 74492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27342]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Extension of Comment Period; Application for Transportation and 
Utility Systems and Facilities for the Village at Wolf Creek Draft 
Environmental Impact Statement

AGENCY: Forest Service, Rio Grande National Forest.

ACTION: Extension of comment period.

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

SUMMARY: The United States Department of Agriculture (USDA) Forest 
Service (USFS), Rio Grande National Forest (RGNF) announces an 
additional extension of the comment period for the Application for 
Transportation and Utility Systems and Facilities for the Village at 
Wolf Creek Draft Environmental Impact Statement (EIS). The comment 
period ends January 5, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Dalrymple, Forest Planner, 
USDA-USFS, Rio Grande National Forest, (719) 852-5941.

    Dated: December 6, 2004.
Peter L. Clark,
Forest Supervisor.
[FR Doc. 04-27342 Filed 12-13-04; 8:45 am]
BILLING CODE 3410-11-M
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UNITED STATES OF AMERICA

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

PETER CHAN, 

Defendant.

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Case No. CR 09-0824 MMC

[PROPOSED] PRELIMINARY

ORDER OF FORFEITURE

Having considered the application for a preliminary order of forfeiture filed by the United

States and the defendant’s plea of guilty on April 7, 2010, wherein the defendant admitted to the

forfeiture allegation, and good cause appearing,

IT IS HEREBY ORDERED that the following property is forfeited to the United States:

1. $41,707.00 in United States Currency which was seized from the residence located at

309 Cordova Street, San Francisco, CA;

pursuant to Title 18, United States Code, Section 982(a)(2)(A).

IT IS FURTHER ORDERED that the United States, through its appropriate agency, shall

seize the forfeited property forthwith and publish on www.forfeiture.gov, a government website 

for at least thirty days, notice of this Order, notice of the government’s intent to dispose of the 

property in such manner as the Attorney General may direct and provide notice that any person,

Case 3:09-cr-01001-MMC Document 43 Filed 06/11/10 Page 1 of 2
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other than the defendant, having or claiming a legal interest in the property must file a petition

with the Court and serve a copy on government counsel within thirty (30) days of the final

publication of notice or of receipt of actual notice, whichever is earlier.

IT IS FURTHER ORDERED that, pursuant to Rule 32.2(c)(1)(B), of the Federal

Criminal Rules of Procedure, that the United States may take discovery as to any third party

claim which is filed.

IT IS FURTHER ORDERED that, pursuant to Rule 32.2(b)(3) of the Federal Criminal

Rules of Procedure, this Preliminary Order of Forfeiture shall become final as to the defendant at

the time of sentencing and shall be made part of the sentence and included in the judgment.

IT IS SO ORDERED this day of 2010.

MAXINE M. CHESNEY

United States District Judge

[PROPOSED] PRELIMINARY ORDER OF FORFEITURE 2

CR 09-0824 MMC

11th June

Case 3:09-cr-01001-MMC Document 43 Filed 06/11/10 Page 2 of 2
### §5843. Office of Nuclear Reactor Regulation

#### (a) Establishment; appointment of Director

There is hereby established in the Commission an Office of Nuclear Reactor Regulation under the direction of a Director of Nuclear Reactor Regulation, who shall be appointed by the Commission, who may report directly to the Commission, as provided in section 5849 of this title, and who shall serve at the pleasure of and be removable by the Commission.

#### (b) Functions of Director

Subject to the provisions of this chapter, the Director of Nuclear Reactor Regulation shall perform such functions as the Commission shall delegate including:

(1) Principal licensing and regulation involving all facilities, and materials licensed under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], associated with the construction and operation of nuclear reactors licensed under the Atomic Energy Act of 1954, as amended;

(2) Review the safety and safeguards of all such facilities, materials, and activities, and such review functions shall include, but not be limited to—

(A) monitoring, testing and recommending upgrading of systems designed to prevent substantial health or safety hazards; and

(B) evaluating methods of transporting special nuclear and other nuclear materials and of transporting and storing high-level radioactive wastes to prevent radiation hazards to employees and the general public.

(3) Recommend research necessary for the discharge of the functions of the Commission.

#### (c) Responsibility for safe operation of facilities

Nothing in this section shall be construed to limit in any way the functions of the Administration relating to the safe operation of all facilities resulting from all activities within the jurisdiction of the Administration pursuant to this chapter.

(Pub. L. 93–438, title II, §203, Oct. 11, 1974, 88 Stat. 1244.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original "this Act", meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.

The Atomic Energy Act of 1954, referred to in subsec. (b)(1), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to chapter 23 (§2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

#### **Executive Documents**

#### Transfer of Functions

For transfer of certain functions from Nuclear Regulatory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title.
# F li gh t Log

Pr e

- f l i gh t I n s pe c t i o n □ Y e s ☐ No Co m m en t

Da t e

Lo c a t i o n

( c i rc l e ) ( c i rc l e ) C o m me n t

W e a t he r G oo d F a i r

V i s i b il i t y G oo d F a i r

W in d S p ee d L ow M ed i u m

Pr o x i m i t y t o ai r po r t : A i r po rt No t i f i ed ? □ Y e s ☐ No

Da t e : T i m e

P h on e # : C on t a ct N a m e :

N ea r e s t m a

j o r i n t e r s e c t i on :

Pr o x i m i t y t o m e d i u m t r a ff i c r o ad :

Pr o x i m i t y t o he a

v i l y t r a v e l e d r o ad w a y r o ad :

Pr o x i m i t y t o c o n ge s t e d p opu l a t i on :

A pp r o x

. T a k e o f f T i m e

A pp r o x

. L a nd i n g T i m e

E s t i m a t e d E l e v a t i o n

S a f e t y C on c e r n s :

A dd i t i o na l C o mm en t s :

U n edi t e d f li g h t v id eo / p h o t o s a v a il a bl e f o r F A A up o n w r i t t e n r e q u e s t w i t h i n 1 8 0 d a y s o f f l i gh t ? ☐ Y e s ☐ No
#### In the Matter of the Arbitration between Stanley J. Staklinski, Appellant, and Pyramid Electric Company, Respondent.

Resettled order, entered on September 22,1960, denying petitioner’s motion to punish respondent for contempt, unanimously reversed, on the law, with $50 costs and disbursements to the appellant, and the matter remanded to Special Term for a determination as to whether respondent was guilty of contempt for violating and disobeying the order and judgment entered on March 12, 1958. The question as to whether respondent was guilty of contempt is a matter for the court to determine and not the arbitrators. Resettled order, entered on September 22, 1960, staying the contempt proceedings pending completion of the arbitration proceedings, *594nnanimoush' reversed, on the law, with $20 costs and disbursements to the appellant, and the motion denied, with $10 costs. Concur — Botein, P. J., Breitel, Stevens, Eager and Noonan, JJ-.
### §4362. Interagency cooperation on prevention of environmental cancer and heart and lung disease

(a) Not later than three months after August 7, 1977, there shall be established a Task Force on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the "Task Force"). The Task Force shall include representatives of the Environmental Protection Agency, the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Occupational Safety and Health, and the National Institute on Environmental Health Sciences, and shall be chaired by the Administrator (or his delegate).

(b) The Task Force shall—

(1) recommend a comprehensive research program to determine and quantify the relationship between environmental pollution and human cancer and heart and lung disease;

(2) recommend comprehensive strategies to reduce or eliminate the risks of cancer or such other diseases associated with environmental pollution;

(3) recommend research and such other measures as may be appropriate to prevent or reduce the incidence of environmentally related cancer and heart and lung diseases;

(4) coordinate research by, and stimulate cooperation between, the Environmental Protection Agency, the Department of Health and Human Services, and such other agencies as may be appropriate to prevent environmentally related cancer and heart and lung diseases; and

(5) report to Congress, not later than one year after August 7, 1977, and annually thereafter, on the problems and progress in carrying out this section.

(Pub. L. 95–95, title IV, §402, Aug. 7, 1977, 91 Stat. 791; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Clean Air Act Amendments of 1977, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"Department of Health and Human Services" substituted for "Department of Health, Education, and Welfare" in subsec. (b)(4) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### Effective Date

Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

#### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (b)(5) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 18 on page 164 of House Document No. 103–7.
### §3215. Penalties

#### (a) False statements; security overvaluation

A person that makes any statement that the person knows to be false, or willfully overvalues any security, for the purpose of—

(1) obtaining for the person or for any applicant any financial assistance under this chapter or any extension of the assistance by renewal, deferment, or action, or by any other means, or the acceptance, release, or substitution of security for the assistance;

(2) influencing in any manner the action of the Secretary; or

(3) obtaining money, property, or any thing of value, under this chapter;

shall be fined under title 18, imprisoned not more than 5 years, or both.

#### (b) Embezzlement and fraud-related crimes

A person that is connected in any capacity with the Secretary in the administration of this chapter and that—

(1) embezzles, abstracts, purloins, or willfully misapplies any funds, securities, or other thing of value, that is pledged or otherwise entrusted to the person;

(2) with intent to defraud the Secretary or any other person or entity, or to deceive any officer, auditor, or examiner—

(A) makes any false entry in any book, report, or statement of or to the Secretary; or

(B) without being duly authorized, draws any order or issue, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof;

(3) with intent to defraud, participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, grant, commission, contract, or any other act of the Secretary; or

(4) gives any unauthorized information concerning any future action or plan of the Secretary that might affect the value of securities, or having such knowledge invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans, grants, or other assistance from the Secretary;

shall be fined under title 18, imprisoned not more than 5 years, or both.

(Pub. L. 89–136, title VI, §605, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3614.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3215, Pub. L. 89–136, title VII, §705, Aug. 26, 1965, 79 Stat. 573, related to separability of provisions, prior to repeal by Pub. L. 105–393, §102(b)(3).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
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 Vertrue Incorporated (the "Company")
on Form 10-Q for the period ended December 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, James B. Duffy,
Executive Vice President and Chief Financial Officer of the Company, certify, to
my knowledge, 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 and 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.



/s/ James B. Duffy
------------------
James B. Duffy
Executive Vice President and Chief Financial Officer
Vertrue Incorporated
February 9, 2006








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.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6202
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ROBERT SHERWOOD SCOTT, Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CR-92-14, CA-95-1966-2-8) Submitted: October 1, 1996 Decided: October 22, 1996 Before HALL and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Robert Sherwood Scott, Appellant Pro Se. Robert Hayden Bickerton, Assistant United States Attorney, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying his motion filed under 28 U.S.C. § 2255 (1994), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104- 132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no revers ible error. Accordingly, we affirm on the reasoning of the district court. United States v. Scott , Nos. CR-92-14; CA-95-1966-2-8 (D.S.C. Jan. 5, 1996). 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
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#### The People of the State of New York, Plaintiff, v. Clyde Brown, Defendant.

Motion by defendant to dispense with printing and for assignment of counsel, dismissed. There is no appeal pending in this court. It appears that defendant has neither filed nor served a notice of appeal from the judgment of the County Court, Kings County, rendered February 17, 1958, convicting and sentencing him for the crime of manslaughter in the first degree, or from the judgment of said court rendered June 26, 1947, convicting and sentencing him for the crime of attempted burglary in the third degree; and that the defendant’s time to appeal has expired. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
#### Virginia Battiato et al., Respondents, v. William Farrell et al., Appellants.

In an action to recover damages for personal injuries, defendants appeal from an order of the Supreme Court, Orange County, dated June 14, 1960, which, *inter alia,*vacated a prior order dismissing the complaint for failure £o prosecute and denied defendants’ original motion to dismiss upon certain stated conditions. Order affirmed, without costs. No opinion. Beldoek, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
#### § 1000.132 Are utilities considered a part of rent or homebuyer payments?

Utilities may be considered a part of rent or homebuyer payments if a recipient decides to define rent or homebuyer payments to include utilities in its written policies on rents and homebuyer payments required by section 203(a)(1) of NAHASDA. A recipient may define rents and homebuyer payments to exclude utilities.
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