alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
568 P.2d 417

#### STATE of Arizona, Appellee, v. Jeral Leon WOODS, Appellant.

No. 3628.

Supreme Court of Arizona, In Banc.

Supplemental Opinion July 15, 1977.

*111Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Teresa S. Thayer, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Edmund T. Allen, III, Deputy Public Defender, Phoenix, for appellant.

STRUCKMEYER, Vice Chief Justice.

Jeral Leon Woods was found guilty of possession of a narcotic drug for sale, a violation of A.R.S. § 36-1002.01. He appealed. This Court by a written opinion on February 22, 1977, 114 Ariz. 385, 561 P.2d 306, reversed for proceedings consistent with the opinion. On consideration of Woods’ claims of error, we found that there was no indication in the record that appellant was informed of the range of sentence as required by Rule 17.2(b). We held:

> “If the court below finds that the appellant was not adequately advised pursuant to Rule 17.2(b), all proceedings subsequent to and including the submission for determination of guilt will be set aside and the prosecution will continue from that point.”

and:

> “If the court below finds that the appellant was adequately informed as to the possible penalties, then it will advise this Court by appropriate findings of fact, in which event, if the findings are supported by the evidence, the judgment of conviction will be affirmed.”

On June 9, 1977, the Superior Court found that Woods was advised by his attorney that the range of incarceration which could be imposed by the court was from a minimum of five years to a maximum of fifteen years and that he would have to serve a minimum of five years in prison before release. However, Woods was not advised of the provisions of the sentencing statutes which provide for probation or the imposition of a fine. The Superior Court concluded that Woods was adequately advised of the range of possible sentence that could be imposed. We agree with the Superior Court.

Rule 17.2(b) requires that the court shall address the defendant to determine whether he understands the nature and range of possible sentence for the offense, including any special conditions regarding sentence, parole or commutation imposed by statute. The objection which Woods makes is that he was not advised that he would be committed to the Department of Corrections if he were placed on probation. He further complains that he was not told he could receive a fine of up to $50,000.00.

Woods’ objections are wholly without merit. He was sentenced to from fourteen to fifteen years in the state prison. He was neither placed on probation nor was he fined. His sentence was therefore within the range of possible sentence as he was told by his attorney. Since the special conditions concerning probation and a fine *112were not applicable, Woods was not misled into waiving his right to a jury trial and submitting the case on the five exhibits referred to in our opinion.

The judgment of conviction is affirmed and this cause is remanded to the Superior Court for resentencing.

CAMERON, C. J., and HAYS, HOLOHAN and GORDON, JJ., concur.
118TH CONGRESS 

2D SESSION H. R. 7280 

AN ACT 

To require the Inspector General of the Department of Housing and Urban Development to testify before the Congress annually, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 7280 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘HUD Transparency 

3 Act of 2024’’. 

4 SEC. 2. CONGRESSIONAL TESTIMONY. 

5 Not later than October 1 of each year, the Inspector 

6 General of the Department of Housing and Urban Devel7 opment shall appear before the Committee on Financial 

8 Services of the House of Representatives and the Com9 mittee on Banking, Housing, and Urban Affairs of the 

10 Senate and present testimony on the Office of Inspector 

11 General’s— 

12 (1) efforts to detect and prevent fraud, waste, 

13 and abuse; 

14 (2) ability to conduct and supervise audits, in15 vestigations, and reviews; 

16 (3) actions to identify opportunities for the pro17 grams of the Department of Housing and Urban 

18 Development to progress and succeed; 

19 (4) recommendations to improve overall effi20 ciency and public accountability; 

21 (5) assessment of the extent to which the De22 partment of Housing and Urban Development has 

23 resources sufficient to carry out its statutory mis24 sion; and 
3 

•HR 7280 EH

1 (6) ongoing activities regarding any such addi2 tional work, as appropriate. 

Passed the House of Representatives July 22, 2024. 

Attest: 

Clerk. 
118TH CONGRESS 

2D SESSION H. R. 7280 

AN ACT 

To require the Inspector General of the Departpurposes. tify before the Congress annually, and for other ment of Housing and Urban Development to tes-
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           6,730
<SECURITIES>                                    48,694
<RECEIVABLES>                                    2,591
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                58,682
<PP&E>                                           9,884
<DEPRECIATION>                                   5,673
<TOTAL-ASSETS>                                  72,757
<CURRENT-LIABILITIES>                           16,722
<BONDS>                                         11,520
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            15
<OTHER-SE>                                      44,500
<TOTAL-LIABILITY-AND-EQUITY>                    72,757
<SALES>                                              0
<TOTAL-REVENUES>                                17,378
<CGS>                                                0
<TOTAL-COSTS>                                   42,162
<OTHER-EXPENSES>                               (5,851)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 599
<INCOME-PRETAX>                               (28,415)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (28,415)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (28,415)
<EPS-BASIC>                                     (1.95)
<EPS-DILUTED>                                   (1.95)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          13,051
<INT-BEARING-DEPOSITS>                             604
<FED-FUNDS-SOLD>                                   135
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     46,520
<INVESTMENTS-CARRYING>                           6,558
<INVESTMENTS-MARKET>                             6,477
<LOANS>                                        163,175
<ALLOWANCE>                                      2,884
<TOTAL-ASSETS>                                 245,049
<DEPOSITS>                                     211,630
<SHORT-TERM>                                    10,635
<LIABILITIES-OTHER>                              3,696
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,320
<OTHER-SE>                                      16,768
<TOTAL-LIABILITIES-AND-EQUITY>                 245,049
<INTEREST-LOAN>                                  3,372
<INTEREST-INVEST>                                  813
<INTEREST-OTHER>                                    70
<INTEREST-TOTAL>                                 4,255
<INTEREST-DEPOSIT>                               1,429
<INTEREST-EXPENSE>                               1,574
<INTEREST-INCOME-NET>                            2,681
<LOAN-LOSSES>                                       60
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  3,736
<INCOME-PRETAX>                                    572
<INCOME-PRE-EXTRAORDINARY>                         572
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       420
<EPS-BASIC>                                       0.19
<EPS-DILUTED>                                     0.19
<YIELD-ACTUAL>                                    8.05
<LOANS-NON>                                      2,131
<LOANS-PAST>                                       176
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                   1993
<ALLOWANCE-OPEN>                                 1,612
<CHARGE-OFFS>                                      275
<RECOVERIES>                                        87
<ALLOWANCE-CLOSE>                                2,884
<ALLOWANCE-DOMESTIC>                             2,884
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0



</TABLE>
§ 1230.21 Specific guaranty. If a guaranty in respect to any specific lot of dangerous caustic or corrosive substances be given, it shall be incorporated in or attached to the bill of sale, invoice, or other schedule bearing the date and the name and quantity of the substance sold, and shall not appear on the label or package. The following are forms of specific guaranties: ( a ) Substances for both household use and other than household use: The undersigned guarantees that the retail parcels, packages, or containers of the dangerous caustic or corrosive substance or substances listed herein (or specifying the substances) are not misbranded within the meaning of the Federal Caustic Poison Act. (Signature and address of guarantor)
( b ) Substances for other than household use (this form may be issued only by a manufacturer or wholesaler (§§ 1230.15, 1230.16):
The dangerous caustic or corrosive substance or substances listed herein (or specifying the substances) in retail parcels, packages, or containers suitable for household use are for other than household use and are guaranteed not to be misbranded within the meaning of the Federal Caustic Poison Act. (Name and address of manufacturer or wholesaler)
[No. 19229-2-II.

Division Two.

January 9, 1998.]

#### *In the Matter of the Marriage of*Deborah Jean Waller, *Appellant,*and Gary Michael Waller, *Respondent.*

Appeal from a judgment of the Superior Court for Kit-sap County, No. 93-2-00288-6, Leonard Costello, J., entered February 3, 1995. *Affirmed*by unpublished opinion per Morgan, J., concurred in by Seinfeld and Armstrong, JJ.
Exhibit 32.2

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 Annual Report of Wayside Technology Group, Inc (the
"Company") on Form 10-K for the period ending December 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kevin T. Scull, Chief Accounting 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.



|/s/ Kevin T. Scull                          | 
|------------------------------------------- | 
|Kevin T. Scull                              | 
|Vice President and Chief Accounting Officer | 
|March 12, 2008                              | 
|                                            | 



A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by Company and furnished to
the Securities and Exchange Commission or its staff upon request.
**Exhibit
        15.1**
    Icahn
        Enterprises L.P.


767
      Fifth
      Avenue


New
      York,
      New York 10153





We
      have
      reviewed, in accordance with the standards of the Public Company Accounting
      Oversight Board (United States), the unaudited consolidated interim financial
      statements of Icahn Enterprises L.P. and Subsidiaries as of September 30, 2008,
      and for the three-month and nine-month periods ended September 30, 2008 and
      2007, as indicated in our report dated November 5, 2008; because we did not
      perform an audit, we expressed no opinion on that information.





We
      are
      aware that our report referred above ,
      which
      is included in your Quarterly Report on Form 10-Q for the quarter ended
      September 30, 2008 is incorporated by reference in Registration Statements
      on
      Forms S-3 (File No.
      333-143930 and File No. 333-126069) and Form S-4 (File No. 333-143929).





We
      also
      are aware that the aforementioned  report,
      pursuant to Rule 436(c) under the Securities Act of 1933, is not considered
      a
      part of the Registration Statement prepared or certified by an accountant within
      the meaning of Sections 7 and 11 of that Act.








/s/
      GRANT
      THORNTON LLP





New
      York,
      New York


November
      5, 2008
<PAGE>

                                                                    EXHIBIT 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

                                  PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, John P. Saldarelli, Treasurer and Chief Financial Officer (Principal
Financial Officer) of American Property Investors, Inc., the General Partner of
American Real Estate Partners, L.P. (the "Registrant"), certify that to the best
of my knowledge, based upon a review of the American Real Estate Partners, L.P.
quarterly report on Form 10-Q for the period ended March 31, 2004 of the
Registrant (the "Report"):

          (1) The Report fully complies with the requirements of Section 13(a)
     or 15(d) of the Securities Exchange Act of 1934, as amended; and

          (2) The information contained in the Report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Registrant.

                                                /s/ JOHN P. SALDARELLI
                                          --------------------------------------
                                                    John P. Saldarelli
                                          Treasurer and Chief Financial Officer
                                            American Property Investors, Inc.,
                                                  the General Partner of
                                           American Real Estate Partners, L.P.

Date: May 10, 2004
<PAGE>   1

                                                                    EXHIBIT 23.1


               CONSENT OF INDEPENDENT AUDITORS, ERNST & YOUNG LLP

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-40121) pertaining to the WFS 1996 Stock Option Plan and in the
related prospectus of our report dated January 22, 2001, incorporated by
reference in the Annual Report on Form 10-K of WFS Financial Inc and
Subsidiaries for the year ended December 31, 2000, with respect to the
consolidated financial statements, as amended, included in this Form 10-K/A.


                                             /s/ ERNST & YOUNG LLP
                                             -----------------------
                                                 ERNST & YOUNG LLP


Los Angeles, California
April 19, 2001
<PAGE>   1

                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

                                    FORM 8-K
                                 CURRENT REPORT

                     Pursuant to Section 13 or 15(d) of the
                         Securities Exchange Act of 1934


Date of Report (Date of earliest event reported) December 1, 1999.


                              THE LOEWEN GROUP INC.
             (Exact name of registrant as specified in its charter)


  British Columbia, Canada              0-18429                   98-0121376
----------------------------    ------------------------     -------------------
(State or other jurisdiction    (Commission File Number)        (IRS Employer
     of incorporation)                                       Identification No.)


   4126 Norland Avenue, Burnaby, British Columbia                 V5G 3S8
   ----------------------------------------------                ----------
     (Address of principal executive offices)                    (zip code)


Registrant's telephone number, including area code 604-299-9321
                                                   ------------

                                       N/A
          -------------------------------------------------------------
          (Former name or former address, if changed since last report)


                                                      Exhibit Index is on page 3
                                                                     Page 1 of 5


<PAGE>   2


ITEM 5. OTHER EVENTS.

Pursuant to Form 8-K, General Instructions F, registrant hereby incorporates by
reference the press release attached hereto as Exhibit 99.

ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS.

<TABLE>
<CAPTION>
        Exhibit No.   Description
        -----------   -----------
        <S>           <C>
        Exhibit 99    The Loewen Group Inc. Press Release dated December 1,
                      1999.
</TABLE>

                                   SIGNATURES

        Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

Dated: December 1, 1999.

                                            THE LOEWEN GROUP INC.


                                            By: /s/ BRADLEY D. STAM
                                               ---------------------------------
                                            Name:  Bradley D. Stam
                                            Title: Senior Vice President, Law


<PAGE>   3


                                  EXHIBIT INDEX

                                                                      Sequential

<TABLE>
<CAPTION>
Number         Exhibit                                            Page Number
------         -------                                            -----------
<S>            <C>                                                <C>
99             The Loewen Group Inc.                                   4
               Press Release dated December 1, 1999
</TABLE>
Exhibit










Exhibit 10.iii.c.4


AMENDMENT TO MOSAIC LTI DEFERRAL PLAN
The Mosaic Company (the “Company”) established the Mosaic LTI Deferral Plan (the “Plan”), effective March 5, 2015, for the benefit of certain employees (generally executives and highly compensated employees) and non‐employee directors of the Company.
The Plan is hereby amended as provided below.  
1.The definitions of “Authorized Officer” and “Participant” in Sections 1.1(d) and 1.1(q), respectively, of the Plan are hereby amended to read in their entirety as follows: 
(d)    “Authorized Officer” means the Senior Vice President - Human Resources or any Vice President of Human Resources of the Company.
(q)    “Participant” means: (i) a U.S. Based employee (generally, an executive or a highly compensated employee) designated by the Authorized Officer, or (ii) a U.S. Based Director; in each case who has commenced participation in the Plan (by electing to defer an LTI Award).
2.Sections 7.1 and 7.2 of the Plan are hereby amended to read in their entirety as follows:


Section 7.1.  Amendments. The Company, by written action of the Board may amend the Plan, in whole or in part, at any time and from time to time.  The Compensation Committee may amend the Plan, without approval or authorization of the Board, provided that any such amendment:  (i) does not materially increase the cost of the Plan; or (ii) is required in order to comply with the law, in which case the Compensation Committee shall amend the Plan in such manner as the Compensation Committee deems necessary or desirable to comply with the law.  To the extent an amendment approved by the Compensation Committee affects Directors, the amendment must also be approved by the Governance Committee.  An amendment shall not reduce a Participant’s deferred LTI Awards determined as of the date of such amendment without such Participant’s or Beneficiary’s consent.  
Section 7.2.  Termination.  The Company, by action of the Compensation Committee and Governance Committee, may at any time terminate the Plan, and reduce, suspend or discontinue future contributions to the Plan.  The termination of the Plan shall not reduce a Participant’s deferred LTI Awards determined as of the date of such amendment without such Participant’s or Beneficiary’s consent.  If the Plan is terminated, the Company shall terminate the Plan in accordance with the provisions permitting plan termination under section 409A of the Code.
Except as set forth above, the Plan shall continue in full force and effect.
§ 520.623 Diethylcarbamazine and oxibendazole chewable tablets. ( a ) *Specifications.* Each tablet contains either 60, 120, or 180 milligrams of diethylcarbamazine citrate with 45, 91, or 136 milligrams of oxibendazole, respectively.
( b ) *Sponsor.* See No. 054771 in § 510.600(c) of this chapter.
( c ) *Conditions of use in dogs* — ( 1 ) *Amount.* Administer orally to dogs at a dosage level of 6.6 milligrams of diethylcarbamazine citrate per kilogram of body weight (3 milligrams per pound of body weight) and 5.0 milligrams of oxibendazole per kilogram of body weight (2.27 milligrams per pound of body weight).
( 2 ) *Indications for use.* For prevention of infection with *Dirofilaria immitis* (heartworm disease) and *Ancylostoma caninum* (hookworm infection) and for removal and control of *Trichuris vulpis* (whipworm infection) and mature and immature stages of intestinal *Toxocara canis* (ascarid infection).
( 3 ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[50 FR 28768, July 16, 1985, as amended at 53 FR 45759, Nov. 14, 1988; 54 FR 3776, Jan. 26, 1989; 54 FR 6804, Feb. 14, 1989; 56 FR 50653, Oct. 8, 1991; 60 FR 55659, Nov. 2, 1995; 79 FR 28820, May 20, 2014]