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

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 29, 1963 after a jury trial, convicting him of criminally buying and receiving and criminally concealing and withholding stolen property, both as misdemeanors, and imposing sentence. Judgment reversed on the law and the facts; indictment dismissed; defendant discharged, and bail exonerated. The District Attorney recommends reversal and dismissal of the indictment. We agree that there was a critical failure of proof and that the conviction cannot stand. The defendant was arrested some, three or four days after an alleged burglary. In his possession were found a blank check bearing the printed name of a Mr. Goshman, and a wrist watch. Mr. Goshman had never reported the burglary. But when the police telephoned him after they had apprehended and searched the defendant incident to another charge, Goshman went to the police precinct and told the police of the burglary. Although Goshman saw the wrist watch at that time, he did not identify it as his until another four days had passed. There was no direct evidence that defendant knew that any of the items which he possessed were stolen; and, in our opinion under the facts of this ease, his presumed innocence will not permit any indulgence of an inference or a finding of guilt arising out of recent possession of the fruits of a crime. The mere coincidence of simultaneous possession of the blank check and the wrist watch by the defendant is not enough. Moreover, the proof disclosed that the wrist watch had been pawned by defendant seven Jays *before*the alleged burglary. The pawnbroker not only testified to this fact, but he also produced his records in support thereof. Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.
# Exhibit 32.2

CERTIFICATION PURSUANT TO18 U.S.C.
SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In
connection with the Annual Report of Arena Resources, Inc. (the Company), on
Form 10-K for the year ended December 31, 2007, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, William R. Broaddrick, Chief
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 result of operations of the Company.

/s/ William R. Broaddrick

William R. BroaddrickChief
Financial OfficerMarch 12, 2008

---
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## Breadcrumb

            -           Resource: Bystanders Can Help Limit the Hurtful Effects of Cyberbullying      

# Resource: Bystanders Can Help Limit the Hurtful Effects of Cyberbullying

This blog post describes the importance of bystanders in addressing cyberbullying and provides examples of actions that students can take to interrupt or limit cyberbullying when they see it happening. 

http://www.stopbullying.gov/blog/2016/07/25/bystanders-can-help-limit-hurtful-effects-cyberbullying?utm_source=Youth.gov&utm_medium=Federal-Links&utm_campaign=Reports-and-Resources
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 40295 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. ELEAZAR GARZA

- PEREZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:13

- CR

- 475

- 1

Before JOLLY, BARKSDALE, and OWEN, Circuit Judges. PER CURIAM: * Eleazar Garza

- Perez challenges the 60

- month sentence imposed following his guilty

- plea conviction for possession , with intent to distribute , 171 kilograms of marijuana , in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1), (b)(1)

. Federal B order P atrol A gents arrest ed Garza and his brother for procuring and transporting the marijuana to a farm in McAllen, Texas . Garza asserts the court erred in denying his motion for a sentence

* Pursuant to 5 th Cir. R. 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 5 th Cir. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 30, 2015

Lyle W. Cayce Clerk Case: 14-40295 Document: 00512921019 Page: 1 Date Filed: 01/30/2015No. 14

- 40295 reduction under the safety

- valve prov ision in Sentencing Guideline s §§ 5C1.2 ( permitting district court to impose sentence below statutory minimum) and 2D1.1(b)(17 ) (decrease calculation by two levels for satisfaction of safety

- valve provision). He contends he was truthful with the court in claiming he had not sought his brother’s assistance in transporting the drugs. Although post

- Booker , the Guidelines are advisory only, and a properly preserved objection to an ultimate sentence is reviewed for reasonableness under an abuse

- of

- discretion standard, the district court must still properly calc ulate the advisory Guidelines

- sentencing range for use in deciding on the sentence to impose. Gall v. United States , 552 U.S. 38, 51 (2007). In that respect, for issues preserved in district court, its application of the Guidelines is reviewed de novo ; it s factual findings, only for clear error. E.g., United States v. Cisneros

- Gutierrez , 517 F.3d 751, 764 (5th Cir. 2008). The decision whether to apply the safety

- valve provision is reviewed for clear error. United States v. McCrimmon , 443 F.3d 454, 457 (5 th Cir. 2006). The safety

- valve provision, in relevant part, requires defendant, at or before sentencing, to provide the Government with all the information and evidence he has concerning the offense. U.S.S.G. § 5C1.2(a)(5). After considering Garza’s as sertions , the court found his statements were not credible. For obvious reasons, that finding is entitled to deference

. E.g., United States v. Juarez

- Duarte , 513 F.3d 204, 208 (5th Cir. 2008). And, b ecause that finding is plausible in view of the record as a whole, it is not clearly erroneous. E.g., United States v. Ruiz , 621 F.3d 390, 396 (5th Cir. 2010) (citation omitted )

. AFFIRMED.

2 Case: 14-40295 Document: 00512921019 Page: 2 Date Filed: 01/30/2015
EXHIBIT 21

                 SUBSIDIARIES OF AMERICAN LEISURE HOLDINGS, INC.

American Leisure Corporation, Inc.
American Leisure Equities Corporation
Florida Golf Group, Inc.
American Leisure Homes, Inc.
I-Drive Limos, Inc.
Orlando Holidays, Inc.
Welcome to Orlando, Inc.
American Leisure, Inc.
Pool Homes Managers, Inc.
Advantage Professional Management Group, Inc.
Leisureshare International Ltd
Leisureshare International Espanola S.A.
American Travel & Marketing Group, Inc.
American Leisure Marketing and Technology, Inc.
Hickory Travel Systems, Inc.
American Travel Club, Inc.
American Access Telecommunications Corporation
American Switching Technologies, Inc.
Affinity Travel Club, Inc.
Club Turistico Latinoamericano, Inc.
Affinity Travel, Inc.
Pool Homes, Inc.
TDS Amenities, Inc.
TDS Clubhouse, Inc.
Costa Blanca Real Estate, Inc.
Tierra Del Sol Resort Inc.
Ameritel, Inc.
Luxshare, Inc.
American Sterling Motorcoaches, Inc.
American Sterling Corp.
Comtech Fibernet, Inc.
American Leisure Travel Group, Inc.
AAH Kissimmee LLC
Caribbean Leisure Marketing, Ltd.
Castlechart Ltd.

<PAGE>
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## Breadcrumb

            -  Announcements 
            -           Resource: Awkward Conversations, Season 2      

# Resource: Awkward Conversations, Season 2

The second season of the Awkward Conversations podcast series features 20 video podcast episodes that cover a variety of subjects to help parents empower their kids with the tools needed to stay safe, drug free, and make healthy decisions. Topics include signs of drug use in teens, fake pills, preventing drug misuse among college students, bullying and peer pressure and its consequences, understanding your kids’ social media use, and dos and don’ts when you talk about drugs. Episodes feature guest experts and celebrity parents.**Learn more.**
##### 



Exhibit 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Bradford A. Zakes, President and Chief Executive Officer of ImaRx Therapeutics, Inc., certify that: 1. I have reviewed this report on Form 10-K of ImaRx Therapeutics, Inc. for the fiscal year ended December 31,
2007; 2. Based on my knowledge, this 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 report; 3. Based on my knowledge, the financial statements, and other financial information included in this report,
fairly present in all material respects the financial condition, results of operations and cash flows of the registrant
as of, and for, the periods presented in this report; 4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be
designed under our supervision, to ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in
which this report is being prepared; b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this
report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and c) Disclosed in this report any change in the registrants internal control over financial reporting that
occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case
of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and 5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal
control over financial reporting, to the registrants auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants ability to record, process,
summarize and report financial information; and b) Any fraud, whether or not material, that involves management or other employees who have a significant
role in the registrants internal control over financial reporting. Date:
March 31, 2008
    
    By:
    
    /s/    Bradford A. ZakesBradford A. ZakesPresident and Chief Executive Officer
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## Breadcrumb

            -           Scientists Spot Gene Tied to Severe Autism      

# Scientists Spot Gene Tied to Severe Autism

In a recent study, researchers claim to have discovered a new genetic cause of autism, singling out a rare gene mutation. The gene, CTNND2, provides instructions for making a protein called delta-catenin, which plays a crucial role in the nervous system. Researchers found that a group of girls with severe autism carried CTNND2 mutations that appeared to reduce the effectiveness of delta-catenin, potentially affecting their neurological development.

http://consumer.healthday.com/cognitive-health-information-26/autism-news-51/scientists-spot-gene-tied-to-severe-autism-in-girls-697765.html
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## Breadcrumb

            -           Resource: Support for Families When a Suicide Attempt Hits Home      

# Resource: Support for Families When a Suicide Attempt Hits Home

This resource provides information, tips, and useful links to families who have experienced a suicide attempt to assist in getting appropriate help and to foster resiliency.

http://www.usa.gov/features/support-for-families-when-a-suicide-attempt-hits-home?utm_source=youth.gov&utm_medium=federal-links&utm_campaign=reports-and-resources
#### The People of the State of New York, Respondent, v. Reuben W. Black, Appellant.

In a *coram nobis*proceeding, defendant appeals from an order of the County Court, Nassau County, dated March 16, 1964, which denied without a hearing his application to vacate a judgment of said court rendered January 17, 1961 after a jury trial, convicting him of kidnapping (and other related crimes), and imposing sentence upon him as a second felony offender. The judgment of conviction, as amended by an order of said court, dated April 4, 1961, was previously affirmed by this court (18 A D 2d 719; mot. for Iv. to app. to Court of Appeals den., cert. den. 375 U. S. 898). Order affirmed *(People*v. *Brown,*13 N Y 2d 201; *People*v. *Howard,*12 N Y 2d 65; *People*v. *Tomaselli,*7 N Y 2d 350). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.
#### § 1212.3 Conflict of interest.

“Conflict of interest” means a situation in which a member or employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value.
**Exhibit 31.1**

**CERTIFICATION**

I, James W. Rogers, certify that:

1.     I havereviewed this quarterly report on Form 10-Q of CDRV Investors, Inc.;

2.     Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.     Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

a)     Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)     Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)     Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.     Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a)     Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

b)     Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.
| /s/ JAMES  W. ROGERS                                 |   |   |
|------------------------------------------------------|--------|--------|
| Name: James W. Rogers                                |   |
| Title*:  Chairman and  Chief Executive Officer* |   |
| Date: August 12, 2005                           |   |

 

----
#### § 1032.53 Announcement of class prices, component prices, and advanced pricing factors.

See § 1000.53.
#### In the Matter of Yvette Freeman, Appellant, v Craig Freeman, Respondent.

[776 NYS2d 858]

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Morgenstern, J.), dated June 12, 2003, which, after a hearing, dismissed her petition for an order of protection against the respondent.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court’s determination that the petitioner’s testimony was not credible is supported by the record and *799should not be disturbed on appeal *(see Matter of St. Denis v St. Denis,*1 AD3d 370 [2003]; *cf. Matter of Phillips v Laland,*4 AD3d 529 [2004]; *Matter of Smith v Antonio,*239 AD2d 509 [1997]). Altman, J., S. Miller, Luciano and Crane, JJ., concur.