alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
821 P.2d 1016

#### STATE of Idaho, Plaintiff-Respondent, v. Galela Jane Teton SMITH, Defendant-Appellant.

No. 19135.

Court of Appeals of Idaho.

Dec. 4, 1991.

*962Robert C. Naftz of Whittier, McDougall, Souza, Murray & Clark, Chartered of Pocatello, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Kevin P. Cassidy, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

Galela Smith appeals from her December 20, 1990, judgment of conviction on the charge of felony driving under the influence of alcohol or drugs (DUI). I.C. §§ 18-8004, -8005(3). She contends on appeal that her unified five-year sentence, with two years fixed, is unreasonable and an abuse of the sentencing court’s discretion.

The district court accepted Smith’s guilty plea, ordered a presentence investigation, and set the matter for sentencing. Between the date of the entry of her plea and the scheduled date for sentencing, Smith was charged with another felony DUI. A warrant was issued for Smith’s arrest when she failed to appear at the scheduled sentencing hearing, and a new date was set for sentencing on both charges at the request of Smith’s counsel. The presentence report discussed Smith’s rehabilitation prospects, but recited that Smith had a prior record of seven DUI offenses, numerous traffic offenses involving alcohol, assault and child endangerment, and a perjury conviction in federal court, upon which she had yet to be sentenced.

Having considered the sentence review criteria of *State v. Toohill,*103 Idaho 565, 650 P.2d 707 (Ct.App.1982), in light of the record before us in this case, we conclude that the district court did not abuse its discretion in imposing a five-year term, with two years fixed. The period of retained jurisdiction, which was also ordered, will protect society from Smith’s irresponsible drinking and driving, while affording Smith an opportunity for rehabilitation. The sentence cannot be deemed unreasonable and, accordingly, the judgment of conviction and sentence are affirmed.

WALTERS, C.J., and SILAK, J., concur.
Exhibit 10.1

                                     RELEASE

KNOW ALL MEN BY THESE  PRESENTS that Vanessa  Gillis,  ("GILLIS"),  for good and
valuable consideration, including but not limited to the consummation of a share
purchase  agreement between Gillis and Matthew  Christopherson in respect to the
sale of shares of Guru Health Inc.  ("GURU"),  the  receipt and  sufficiency  of
which consideration is hereby acknowledged, agrees as follows:

1. Gillis hereby remises,  releases and forever discharges GURU and its assigns,
employees and servants,  and, where applicable,  the executors,  administrators,
successors and assigns from any and all manner of action and actions,  cause and
causes of  action,  suits,  debts,  dues,  sums of money,  claims,  demands  and
obligations  whatsoever,  at law or in equity,  which Gillis may have had or now
have or which her assigns, receivers,  receiver-managers,  trustees, affiliates,
and, where  applicable,  the heirs,  executors,  administrators,  successors and
assigns of her hereafter  can, shall or may have existing up to the present time
by reason of any matter cause or thing whatsoever  relating to or arising out of
the  relationship  between the Gillis and GURU relating to, arising out of or in
connection with any and all dealings between the parties to the date hereof.

2.  Notwithstanding  the above  provision  and for greater  clarification,  this
Release  does not  apply to any  claims  that may  arise  after the date of this
Release.

3. It is  understood  and agreed that Gillis  shall not commence or continue any
claims or  proceedings  against  anyone in respect of anything  hereby  released
which may result in a claim or  proceedings  against  GURU. If any such claim or
proceeding  results  in any claim or  proceeding  against  GURU,  then the party
bringing  such claim or proceeding  shall  indemnify and save harmless the other
party from all resulting liabilities, obligations and costs.

4.  Gillis  hereby  represents  that  he is  the  only  party  entitled  to  the
consideration  expressed  in this  Release,  and has not  assigned  any right of
action released hereby to any other firm, corporation or person.

5. Gillis  acknowledges that he has read this document and fully understands the
terms of this  Release,  and  acknowledges  that this Release has been  executed
voluntarily  after either  receiving  independent  legal advice,  or having been
advised to obtain independent legal advice and having elected not to do so.

6. This Release is governed by the laws of Nevada, and the parties attorn to the
jurisdiction  of the Courts of Nevada with regard to any dispute  arising out of
this Release.

7.  Execution  and delivery of this document by fax shall  constitute  effective
execution  and delivery.  Execution of this  document by a corporation  shall be
effective notwithstanding that its corporate seal is not affixed hereto.

DATED for reference this 31st day of May, 2012.



/s/ Vanessa Gillis
-----------------------------
VANESSA GILLIS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7135

DAVID EUGENE SPEARS,

Petitioner - Appellant,

versus

FRANKLIN FREEMAN; TOM C. MARTIN,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-97-161-5-BR)

Submitted: May 14, 1998 Decided: May 26, 1998

Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

David Eugene Spears, Appellant Pro Se. Clarence Joe DelForge, III,

OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1998). We have reviewed the record and the district court's

opinion accepting in part the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. Spears v. Freeman, No. CA-97-161-5-BR (E.D.N.C.

July 29, 1997). 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.

DISMISSED
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 227 Agreed to Senate (ATS)]

110th CONGRESS
  1st Session
S. RES. 227

 Congratulating the Johns Hopkins University Blue Jays for winning the 
           2007 NCAA Division I Men's Lacrosse Championship.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2007

   Mr. Cardin (for himself and Ms. Mikulski) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Congratulating the Johns Hopkins University Blue Jays for winning the 
           2007 NCAA Division I Men's Lacrosse Championship.

Whereas, on May 28, 2007, before a crowd of nearly 50,000, the Johns Hopkins 
        University Blue Jays of Baltimore, Maryland, won the 2007 National 
        Collegiate Athletic Association (NCAA) Division I Men's Lacrosse 
        Championship, defeating the Duke University Blue Devils by a score of 
        12-11 at M&T Bank Stadium in Baltimore, Maryland;
Whereas the Johns Hopkins University Blue Jays, in the 2007 season, had an 
        overall record of 13 wins and 4 losses, and won their last 9 consecutive 
        games to end the season;
Whereas the Johns Hopkins University Blue Jays have won their 9th NCAA Division 
        I Men's Lacrosse Championship;
Whereas the Johns Hopkins University Blue Jays reached the championship game for 
        the 2nd time in 3 years and for the 17th time in school history;
Whereas Jesse Schwartzman was awarded the Tournament Most Outstanding Player 
        award for the 2nd time;
Whereas Jake Byrne, Paul Rabil, Stephen Peyser, and Eric Zerrlaut joined 
        Schwartzman on the All-Tournament Team;
Whereas the 2007 NCAA Championship lacrosse team members are Jamison Koesterer, 
        Jesse Schwartzman, Andrew Miller, Garrett Stanwick, Michael Gvozden, 
        Matt Bocklet, Ben O'Neill, Paul Rabil, Steven Boyle, George Castle, 
        Stephen Peyser, Josh Peck, Michael Doneger, Michael Kimmel, Eric 
        Zerrlaut, Drew Dabrowski, Austin Walker, Brian Christopher, Conor 
        Cassidy, Brendan Skakandi, Nolan Matthews, Kevin Huntley, Jake Byrne, 
        Mark Bryan, Tom Duerr, Chris Boland, Nick Donoghue, Dave Spaulding, Will 
        Jawish, Val Washington, Michael Evans, Zach Tedeschi, Erik Stilley, 
        Andrew Jaffe, Andrew Posil, John Franklin, Lorenzo Heholt, Kyle Miller, 
        Max Chautin, Michael Powers, Matt Drenan, Sam DeVore, Nathan Matthews, 
        Greg Harrington, Eric Dang, Max Levine, and Michael Murray; and
Whereas the 2007 NCAA Championship lacrosse team coaches are Dave Pietramala, 
        Bill Dwan, Bobby Benson, and Dave Allan: Now, therefore, be it
    Resolved, That the Senate congratulates the Johns Hopkins 
University men's lacrosse team for winning the 2007 NCAA Division I 
Men's Lacrosse Championship.
                                 <all>
```
EXHIBIT 31.4



Certification Pursuant to Rule 13a-14 and 15d-14 of the Securities Exchange Act of 1934





I, Terry A. Hanson, certify that:



1.

I have reviewed this annual report on Form 10-K of Madison Gas and Electric Company;



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; and



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 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; 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.





/s/ Terry A. Hanson

Terry A. Hanson

Vice President, Chief Financial Officer and Secretary

Date: March 8, 2006
Exhibit 31.2

CERTIFICATION



I, Nancy D. Parmelee, certify that:



1.

I have reviewed this annual report on Form 10-K of McMoRan Exploration Co.;

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 quarterly 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(s) 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 officers 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 15, 2004



/s/ Nancy D. Parmelee

Nancy D. Parmelee

Senior Vice President,

Chief Financial Officer and

Secretary
USGS HomeContact USGSSearch USGS

U.S. Geological Survey Open-File Report 2010-1178

Geophysical Data from offshore of the Gulf Islands National Seashore, Cat Island to Western Horn Island, Mississippi

----

Title Page / Contents / List of Figures / Conversion Factors and Datum / Abstract / Introduction / Data Acquisition and Processing / Data Catalog / Acknowledgments / References Cited

----

**Figure 3**. The R/V *Tommy Munro*. Photo by the Gulf Coast Research Laboratory, University of Southern Mississippi. 

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior |		U.S. Geological Survey
Exhibit 10(o)


                                 AMENDMENT NO. 4
                      TO THE MCI COMMUNICATIONS CORPORATION
                                STOCK OPTION PLAN


     The MCI  Communications  Corporation  Stock Option Plan is hereby  amended,
effective November 1, 1996, in the following respects:


1.       Section 2.8(c) is restated in its entirety to read as follows:


     "(c) If a key  employee  retires  after  attaining  age 55 and having  been
credited  with  at  least  ten  years  of  service  with  the  Company  and  its
subsidiaries ("early retirement"), and provided that no event has occurred which
would give rise to a  Dismissal  for Cause,  any award  that he is  entitled  to
exercise under the terms of paragraph (b) above must be exercised by the earlier
of:  (i)  five  years  from the date of  early  retirement,  or (ii) the  option
expiration date.

     If a key  employee  retires  after  attaining  age 65, or before age 65 but
after  attaining  age 62 and having  been  credited  with at least five years of
service with the Company and its subsidiaries ("retirement"),  and provided that
no event has occurred  which could give rise to a Dismissal for Cause,  such key
employee's  options  shall  become  fully  exercisable  and any award that he is
entitled to exercise under the terms of paragraph (b) above must be exercised by
the earlier of: (i) five years from the date of  retirement,  or (ii) the option
expiration date.  However,  to the extent required for compliance with the rules
under Section 16 of the Act, such an option shall not become  exercisable  until
outstanding for six months."


     IN  WITNESS  WHEREOF,  MCI  COMMUNICATIONS   CORPORATION  has  caused  this
Amendment No. 4 to be executed and attested by its duly authorized  officers and
its corporate seal to be affixed hereto this 1st day of November, 1996.

                                           MCI COMMUNICATIONS CORPORATION


                                          By: /s/ Bert C. Roberts, Jr.
                                              -------------------------
                                                Bert C. Roberts, Jr.
                                                Chairman

ATTEST:

/s/ C. Bolton-Smith, Jr.
------------------------
C. Bolton-Smith, Jr.
Secretary
Exhibit 32

CERTIFICATION
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF
TITLE 18, UNITED STATES CODE)



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of Title 18, United States Code), each of the undersigned officers of Dragon Pharmaceutical Inc., a Florida corporation (the "Company"), does hereby certify with respect to the Quarterly Report of the Company on Form 10-Q for the quarter ended March 31, 2007 as filed with the Securities and Exchange Commission (the "Form 10-Q") that, to the best of their knowledge:



(1) the Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                       |  |                                   
|---------------------- |  | ----------------------------------
|Dated: :  May 15, 2007 |  | /s/ Yanlin Han                    
|                       |  | Yanlin Han
Chief Executive Officer
|                       |  |                                   
|                       |  |                                   
|Dated: :  May 15, 2007 |  | /s/ Garry Wong                    
|                       |  | Garry Wong
Chief Financial Officer
ex_10-d.htm


Exhibit 10(d)


 


AMENDMENT TO 2011 NON-QUALIFIED STOCK OPTION AGREEMENT







THIS AMENDMENT TO 2011 NON-QUALIFIED STOCK OPTION AGREEMENT (this “Amendment”) is made as of this 10th day of February 2012, between Hovnanian Enterprises, Inc., a Delaware corporation (the “Company”) and Ara Hovnanian (the “Participant” and, together with the Company, the “Parties”).







RECITALS


 


WHEREAS, the Parties entered into a Non-qualified Stock Option Agreement which relates to the Participant’s June 10, 2011 Option (the “Agreement”); and







WHEREAS, the Parties desire to amend the Agreement to include certain performance conditions.







NOW, THEREFORE, in consideration of the mutual covenants and representations contained herein, the Parties hereto agree the Agreement is amended as follows:







1.  The following shall replace Section 2 of the Agreement in its entirety:







Vesting.  The Option will vest in installments on the later of (i) the dates set forth on the vesting schedule set forth above or (ii) the date upon which the “Performance Condition” (as defined below) is achieved, subject to Section 3 of this Agreement.  For purposes of this Agreement, the “Performance Condition” shall mean the Committee’s determination prior to the Option Termination Date (as defined below) that the Company’s Adjusted EBITDA for two consecutive fiscal years exceeds the Company’s actual EBITDA for the fiscal year ended October 31, 2011.  As used herein, “EBITDA” shall mean the Company's consolidated earnings before interest expense, income taxes, depreciation and amortization, including inventory impairment losses and land option write-offs and gains or losses on extinguishment of debt, determined in a manner consistent with the Company's normal practices for quarterly press release financial reporting purposes.  “Adjusted EBITDA” shall mean the Company's consolidated earnings before interest expense, income taxes, depreciation and amortization, excluding inventory impairment losses and land option write-offs and gains or losses on extinguishment of debt, determined in a manner consistent with the Company's normal practices for quarterly press release financial reporting purposes.







Except as expressly stated otherwise in this Amendment, capitalized terms used and not defined have the same meanings defined in the Agreement, and all provisions of the Agreement remain in full force and effect.


 

 


HOVNANIAN ENTERPRISES, INC.







By: _______________________


J. Larry Sorsby


EVP, Chief Financial Officer







PARTICIPANT







__________________________


Ara Hovnanian
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You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:**StrategicPlan (Defense Security Service)
 
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