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

Judgment unanimously reversed on the law and facts and a new trial granted in accordance with the Memorandum. Memorandum: Evidence adduced at the preliminary hearing by the defendant and not controverted clearly established that the defendant was insane and a mental defective at the time he made certain statements to the police later used on the trial. The failure of the People to sustain the burden of proving beyond a reasonable doubt that such statements were the product of a rational and meaningful act of volition required the suppression of such statements by the court (see *Blackburn*v. *Alabama,*361 U. S. 199). The failure of the court to suppress the statements was prejudicial error requiring a reversal of the judgment of conviction. The indictment being a one-count indictment in common-law form and a charge of common-law murder as well as felony murder having been submitted to the jury, the jury’s finding of guilt of murder first degree while in the act of committing a felony without a finding as to common-law murder precludes a retrial on common-law murder. (Appeal from judgment of Monroe County Court, convicting defendant of murder, first degree.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3082 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3082

     To suspend temporarily the duty on step up padded potty seats.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To suspend temporarily the duty on step up padded potty seats.

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

SECTION 1. STEP UP PADDED POTTY SEATS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.39.24        Step up padded potty    Free      No change       No change       On or before 12/
                           seats (provided for                                               31/2009          ''
                           in subheading                                                                       .
                           3924.90.55)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
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 this Annual Report of Solar Acquisition Corp, on Form 10-K/A for the year ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Peter Klamka, Chief Executive Officer of the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





(1) Such Annual Report on form 10-K/A for the year ending December 31, 2009, 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 Annual Report on Form 10-K/A for the year ending December 31, 2009 fairly presents, in all material respects, the financial condition and result of operations of Solar Acquisition Corp.





January 17, 2011
By:
/s/ Peter KlamkaPeter KlamkaChairman, President and Chief Executive Officer(Principal Executive Officer and Principal Financial Officer)
If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

- 1

- 

### S T A T E O F M I C H I G A N

C O U R T O F A P P E A L S

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee, UNPUBLISHED

March 3, 2022

v No. 353601

Wayne Circuit Court

DIA KENATA

- FRANKLIN FISHER

, LC No. 18

- 007305

- 01

- FC

Defendant

- Appellant.

Before: G LEICHER

, P .J., and K. F. K ELLY and R ONAYNE K RAUSE , JJ.

K. F. K ELLY

, J. ( concurring )

.

I concur in the result only

.

/s/ Kirsten Frank Kelly
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-60223 Summary Calendar

RANDY POTTER, Petitioner-Appellant

v. BRUCE PEARSON, Warden, Respondent-Appellee

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:08-CV-290

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Randy Potter, federal prisoner # 49029-004, requests leave to proceed in forma pauperis ( I F P) i n his appeal from the district court’s dismissal of his 28 U

. S .C. § 2241 petition and the denial of his motion for relief of jud g m e n t pursuant to Federal Rule of Civil Procedure 60(b). Potter’s notice of appeal was timely only with respect to the denial of his Rule 60(b) motion, see F E D
. R. AP P
. P. 4(a)(1)(B), and we thus lack jurisdiction to review the underlying dismissal of his § 2241 petition. See Bowles v. Russell , 551 U.S. 205, 214 (2007). The district U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Janu ary17 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 11-60223 Document: 00511727042 Page: 1 Date Filed: 01/17/2012No. 11-60223

court determined that Potter had not established any basis for relief under Rule 60(b), and it denied him leave to proceed IFP on appeal, finding that he had not shown the presence of a nonfrivolous appellate issue. To proceed IFP, a litigant must be economically eligible, and his appeal must not be frivolous. Carson v. Po l le y , 6 8 9 F.2d 562, 586 (5th Cir. 1982). Potter’s IFP motion addr e s s e s only the claims he raised in his § 2241 petition and does not a d d r e s s the district court’s determination that he had not shown he was entitled to relief under Rule 60(b) or that there existed no nonfrivolous appellate issue. When a n a p p e l lant fails to identify any error in the district court’s analysis, it is the sa m e a s if the appellant had not appealed the decision. Brinkmann v. Dall. Cnty. Deputy Sher if f A b n er , 813 F.2d 744, 748 (5th Cir. 1987). Alt h o u gh p r o se briefs are afforded liberal construction, see Haines v. Kerner , 404 U.S. 519, 520 (1972), even pro se litigants must brief arguments in order to preserve them. Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). Potter has not shown tha t h e w i ll raise a nonfrivolous issue on appeal. Thus, his IFP motion is DENIED. See Carson , 68 9 F

. 2 d a t 586. Because the appeal is frivolous, it is DISMISSED. 5 T H C I R
. R. 42.2.

2 Case: 11-60223 Document: 00511727042 Page: 2 Date Filed: 01/17/2012
# L_2014100EN.01001201.xml

| 3.4.2014 | EN | Official Journal of the European Union | L 100/12 |
| --- | --- | --- | --- |

3.4.2014

EN

Official Journal of the European Union

L 100/12

---

COUNCIL DECISION 2014/183/CFSP

of 1 April 2014

on the launch of a European Union military operation in the Central African Republic (EUFOR RCA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,

Having regard to Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA) (1), and in particular Article 4 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 10 February 2014, the Council adopted Decision 2014/73/CFSP. |
| --- | --- |

(1)

On 10 February 2014, the Council adopted Decision 2014/73/CFSP.

| (2) | On 17 March 2014, the Council approved the Operation Plan and the Rules of Engagement of EUFOR RCA. |
| --- | --- |

(2)

On 17 March 2014, the Council approved the Operation Plan and the Rules of Engagement of EUFOR RCA.

| (3) | Following the recommendation of the EU Operation Commander, EUFOR RCA should be launched. |
| --- | --- |

(3)

Following the recommendation of the EU Operation Commander, EUFOR RCA should be launched.

| (4) | In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, and is neither bound by it nor subject to its application, |
| --- | --- |

(4)

In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, and is neither bound by it nor subject to its application,

HAS ADOPTED THIS DECISION:

Article 1

The EU military operation in the Central African Republic (‘EUFOR RCA’) shall be launched.

Article 2

The EU Operation Commander of EUFOR RCA is hereby authorised with immediate effect to start execution of the operation.

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 1 April 2014.

For the Council

The President

D. KOURKOULAS

---

(1)  
  OJ L 40, 11.2.2014, p. 59.

1

---
###### Editorial Note on Subchapter A of Chapter VIII

#### Authority:

7 U.S.C. 71-87K, 1621-1627.

###### Editorial Note on Subchapter A of Chapter VIII

#### Editorial Note:

Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

#### § 810.108 Special grade designations.

Special grade designations are shown as prescribed in § 810.106. Multiple special grade designations will be listed in alphabetical order. In the case of treated wheat, the official certificate shall show whether the wheat has been scoured, limed, washed, sulfured, or otherwise treated.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

vs. CASE NO.: 4:01cr29-SPM

GENE ATKINS,

Defendant.

____________________________/

ORDER DENYING MOTION TO REDUCE UNDER 18 U.S.C. § 3582

This cause comes before the Court on Defendant’s Motion to Reduce

Sentence (doc. 130) pursuant to the retroactive crack cocaine amendment

(Amendments 706 and 711) and 18 U.S.C. § 3582(c). The Government filed a

response in opposition (doc. 137).

An application of the amendment results in no change to Defendant’s

guideline range because of the career offender enhancement, which sets

Defendant’s offense level at 37. With a 3 point reduction for acceptance of

responsibility, Defendant’s total offense level remains at level 34, and his

guideline range remains 262-327 months as originally calculated. 

Accordingly, it is ORDERED AND ADJUDGED that the Motion to Reduce

Sentence (doc. 130) is denied.

DONE AND ORDERED this eighth day of April, 2008.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

Case 4:01-cr-00029-SPM Document 138 Filed 04/08/08 Page 1 of 1
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA 

ELIZABETH LYNNE HUTCHINSON, ) 

) 

Plaintiff, ) 

) 

 vs. ) CIVIL ACTION NO. 3:06-cv-700 

 

) 

PHENIX CITY BOARD OF EDUCATION ) 

 AND LARRY E. DiCHIARA ) 

 ) 

Defendants. ) 

DEFENDANTS’ REQUEST FOR EXTENSION OF TIME TO FILE 

DISPOSITIVE MOTIONS 

Come now the undersigned counsel for Defendants Phenix City Board of 

Education and Larry E. DiChiara and respectfully request that the Court grant an 

extension of time of 14 days from May 24, 2007 (the current due date) in which to file 

dispositive motions on behalf of these Defendants and for Plaintiff, if Plaintiff needs 

additional time. The granting of this request would extend the time of filing until 

Thursday, June 7, 2007. 

 The reason for this request is the failure of the undersigned counsel to allocate 

sufficient time to properly prepare the Brief in Support of such dispositive motions. 

Should the motions and accompanying Brief in Support be appropriate for filing prior to 

June 7, 2007, the undersigned counsel will file them promptly. 

 This the 18th day of May, 2007. 

 Smith & Smith, P.C. 

 /s/ Sydney S. Smith 

 1503 Broad Street 

 Phenix City, AL 36867 

 Attorney for Defendants 

 Phenix City Board of Education and 

 Larry E. DiChiara 

 334-298-2679 

 ASB-4248-T82S 

1

Case 3:06-cv-00700-WHA-WC Document 26 Filed 05/18/2007 Page 1 of 2
CERTIFICATE OF SERVICE

 This is to certify that I have served a copy of the foregoing pleading 

upon counsel for Plaintiff by filing same with the Court by E-File. 

 Rocco Calamusa, Jr., Esq. 

 Joshua D. Wilson, Esq. 

 WIGGINS, CHILDS, QUINN & PANTAZIS, LLC 

 The Kress Building 

 301 19th Street North 

 Birmingham, AL 35203 

 

 This the 18th day of May, 2007. 

 

 

 /s/ Sydney S. Smith 

C-06-042ReqExtDisMot051807 

2

Case 3:06-cv-00700-WHA-WC Document 26 Filed 05/18/2007 Page 2 of 2
713.000 Scope of part.       The simplified acquisition threshold applies to the cost of supplies and services, exclusive of the cost of transportation and other accessorial costs if their destination is outside the United States.    **Parent topic:** PART 713—SIMPLIFIED ACQUISITION PROCEDURES
Order entered March 13, 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 01141
- CR
JEREMY JOHN SANDERSF ELD, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 296th Judicial District Court

Collin County, Texas Tria l Court Cause No. 416
- 82341
- 07



### O RDER
The Court ORDERS the trial court to conduct a hearing to determine why appellant’s brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether a ppellant desires to prosecute the appeal, whether appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See
T EX
. R. A PP
. P. 38.8( b ). If the trial court cannot obtain appellant’s presence at the hearing, the trial c ourt shall conduct the hearing in appellant’s absence. See Meza v. State , 742 S.W.2d 708 (Tex. App.

– Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effec tive representation, which may include appointment of new counsel.We ORDER the trial court to transmit a record of the proceedings, which shall include

written findings and recommendations, to this Court within THIRTY DAYS of the date of this order. Thi s appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier. /s/ DAVID EVANS JUSTICE
# 5113.500 General.

(c)(1)  The head of the contracting activity, on a non-delegable basis, has the authority to make the determination as described in FAR 13.500(c)(1).  

**Parent topic:**Subpart 5113.5 - Simplified Procedures for Certain Commercial Items
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3206 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3206

  To suspend temporarily the duty on a certain infrared absorbing dye.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

Mr. Lautenberg introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on a certain infrared absorbing dye.

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

SECTION 1. INFRARED ABSORBING DYE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.29.43        1H-Benz[e]indolium, 2-  Free      No change       No change       On or before 12/
                           [2-[2-chloro-3-[(1,3-                                             31/2009          ''
                           dihydro-1,1,3-                                                                      .
                           trimethyl-2H-
                           benz[e]indol-2-
                           ylidene)ethylidene]-1-
                           cyclohexen-1-
                           yl]ethenyl]-1,1,3-
                           trimethyl-, salt with
                           4-
                           methylbenzenesulfonic
                           acid (1:1) (CAS No.
                           134127-48-3)
                           (provided for in
                           subheading
                           2934.99.90)..........

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the date that is 15 days after the date of 
enactment of this Act<plus-minus>.
                                 <all>
```
Subpart 5625.9 - CUSTOMS AND DUTIES (Removed June 2021)    HQ, United States Special Operations Command       Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L)       SOFARS 5625       February 2007 **Parent topic:** Part 5625 - FOREIGN ACQUISITION
Case 1:06-cv-00703-MHT-CSC Document 22 Filed 11/08/2006 Page 1 of 4
Case 1:06-cv-00703-MHT-CSC Document 22 Filed 11/08/2006 Page 2 of 4
Case 1:06-cv-00703-MHT-CSC Document 22 Filed 11/08/2006 Page 3 of 4
Case 1:06-cv-00703-MHT-CSC Document 22 Filed 11/08/2006 Page 4 of 4
#### § 958.81 Compliance.

No handler shall handle onions the handling of which has been prohibited or otherwise limited by the Secretary in accordance with provisions of this part; and no handler shall handle onions except in conformity to the provisions of this part.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3086 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3086

  To suspend temporarily the duty on Brotje nose wheel well machines.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on Brotje nose wheel well machines.

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

SECTION 1. BROTJE NOSE WHEEL WELL MACHINES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.84.65        Brotje nose wheel well  Free      No change       No change       On or before 12/
                           machines (provided                                                31/2009          ''
                           for in subheading                                                                   .
                           8465.94.00)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

RICHARD MARSHALL, *

*

Plaintiff, *

*

v. * Civil Case No. 2:06-cv-701-ID-CSC

*

CHRIS WEST, in his individual capacity, *

LASHUN HUTSON, in his individual capacity *

*

Defendants.

NOTICE CONCERNING SETTLEMENT CONFERENCE AND MEDIATION

COME NOW the parties, by and through counsel and report to the Court as follows:

As required by the Court’s scheduling order, counsel for Plaintiff has conferred with

counsel for Defendants regarding the possibility of settling this case. At this point, the parties will

wait until after this Court issues its Order on Defendants’ requests for summary judgment before

further discussing the possibility of settlement. The parties do not believe that mediation will

assist them in resolving this case at this time.

RESPECTFULLY SUBMITTED on this the 5th day of March, 2008.

/s/ FRED CLEMENTS 

Fred Clements

Law Offices of Jay Lewis, LLC

P.O. Box 5059

Montgomery, AL 36103

(334) 263-7733 (Voice)

(334) 832-4390 (Fax)

FredClements@JayLewisLaw.com

ASB-5682-R39C

Case 2:06-cv-00701-ID-CSC Document 37 Filed 03/05/2008 Page 1 of 2
2

CERTIFICATE OF SERVICE

I hereby certify that I have electronically filed the foregoing with the Clerk of the Court

using the CM/ECF system which will send notification of such filing to the following parties or

counsel, or by hand delivery, or by facsimile, or by placing a copy of the same in the United States

mail, properly addressed and first-class postage prepaid on this 5th day of March, 2008.

Gary Willford

Daryl Masters

Webb & Eley

P.O. Box 240909

Montgomery, AL 36124

Rick Howard

Alex Holtsford

April McKay

Nix Holtsford Gilliland Higgins & Hitson

P.O. Box 4128

Montgomery, AL 36103-4128

/s/ FRED CLEMENTS 

Fred Clements

Law Offices of Jay Lewis, LLC

P.O. Box 5059

Montgomery, AL 36103

(334) 263-7733 (Voice)

(334) 832-4390 (Fax)

FredClements@JayLewisLaw.com

ASB-5682-R39C

Case 2:06-cv-00701-ID-CSC Document 37 Filed 03/05/2008 Page 2 of 2