alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-CR-20508-HUCK/BECERRA

UNITED STATES OF AMERICA,

v.

PERCIVAL JAMES,

Defendant.

_____________________________________/

ORDER ADOPTING AND AFFIRMING R&R AND ADJUDICATING DEFENDANT 

GUILTY

THIS MATTER came before the Court upon Magistrate Judge Jacqueline Becerra’s 

Report and Recommendation (“R&R”) on Change of Plea [ECF No. 69], which was entered on 

February 7, 2023. In the R&R, Judge Becerra found that the Defendant Percival James freely and 

voluntarily entered a plea of guilty as to Count I of the Indictment, which charges Defendant with

conspiracy to possess with intent to distribute more than five hundred (500) grams but less than 

five (5) kilograms of cocaine, in violation of Title 21, United States Code, Section 846.

Judge Becerra recommends that this Court accept Defendant’s guilty plea, that Defendant 

be adjudicated guilty of Count I, and that a sentencing hearing be conducted for final disposition 

of this matter. The Court has reviewed Judge Becerra’s R&R, no objections have been filed, and 

the Court has been advised that no objections will be filed. See [ECF No. 70]. Therefore, based 

on a de novo review of the evidence presented, it is hereby

ORDERED AND ADJUDGED that (1) Magistrate Judge Becerra’s R&R on Change of 

Plea is ADOPTED and AFFIRMED in its entirety; (2) the Court accepts Defendant Percival 

Case 1:22-cr-20508-PCH Document 74 Entered on FLSD Docket 02/08/2023 Page 1 of 2
2 

James’s plea of guilty, and James is hereby adjudged guilty as to Count I of the Indictment; and 

(3) a sentencing hearing before the Honorable Paul C. Huck is set for April 24, 2023, at 2:00 PM. 

DONE AND ORDERED in Miami, Florida on February 8, 2023.

PAUL C. HUCK

UNITED STATES DISTRICT JUDGE

Copies provided to: 

Magistrate Judge Jacqueline Becerra

Counsel of record 

US Probation 

Case 1:22-cr-20508-PCH Document 74 Entered on FLSD Docket 02/08/2023 Page 2 of 2
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-CV-23753

EDWIN GARRISON, et al. on behalf of 

themselves and all others similarly 

situated,

Plaintiff, 

v. 

SAM BANKMAN-FRIED, et al.,

Defendants. 

__________________________________/

NOTICE OF APPEARANCE 

PLEASE TAKE NOTICE that Barbara C. Lewis of The Moskowitz Law Firm PLLC, 

hereby gives notice of appearance as co-counsel for Plaintiffs. Counsel respectfully requests that 

all orders, pleadings, and correspondence be served at the address below.

Respectfully submitted this 9th day of March 2023.

By: /s/ Barbara C. Lewis

Barbara C. Lewis

Florida Bar No. 118114

barbara@moskowitz-law.com 

Adam M. Moskowitz

Florida Bar No. 984280

adam@moskowitz-law.com 

Joseph M. Kaye

Florida Bar No. 117520

joseph@moskowitz-law.com

Howard M. Bushman 

Florida Bar No. 0364230

howard@moskowitz-law.com

THE MOSKOWITZ LAW FIRM, PLLC

2 Alhambra Plaza, Suite 601

Coral Gables, FL 33134 

Telephone: (305) 740-1423

 Co-Counsel for Plaintiffs and the Class

Case 1:22-cv-23753-KMM Document 96 Entered on FLSD Docket 03/09/2023 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the forgoing was filed on March 9, 2023, 

with the Court via CM/ECF system, which will send notification of such filing to all attorneys of 

record. 

 By: /s/ Barbara C. Lewis

 Barbara C. Lewis

Case 1:22-cv-23753-KMM Document 96 Entered on FLSD Docket 03/09/2023 Page 2 of 2
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 Quarterly Report of Emtec, Inc. (the “Company”) on Form 10-Q
for the quarterly period ending November 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Gregory P.
Chandler, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 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/
      Gregory P. ChandlerChief
      Financial OfficerJanuary
      14, 2010
#### Jessie J. McSHAN v. ALABAMA DEP’T OF CORR.

CR-14-0117

Court of Criminal Appeals of Alabama.

01/30/2015

Affirmed
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> US$

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-END>                               OCT-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          36,515
<SECURITIES>                                    11,487
<RECEIVABLES>                                  285,608
<ALLOWANCES>                                   (4,849)
<INVENTORY>                                    315,559
<CURRENT-ASSETS>                               687,154
<PP&E>                                         575,109
<DEPRECIATION>                                (61,925)
<TOTAL-ASSETS>                               2,181,453
<CURRENT-LIABILITIES>                          504,953
<BONDS>                                      1,238,080
<PREFERRED-MANDATORY>                          133,803
<PREFERRED>                                        427
<COMMON>                                         2,032
<OTHER-SE>                                      76,661
<TOTAL-LIABILITY-AND-EQUITY>                 2,181,453
<SALES>                                      1,043,520
<TOTAL-REVENUES>                             1,043,520
<CGS>                                          845,804
<TOTAL-COSTS>                                  845,804
<OTHER-EXPENSES>                                10,337
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              62,240
<INCOME-PRETAX>                                 47,285
<INCOME-TAX>                                    19,289
<INCOME-CONTINUING>                             11,677
<DISCONTINUED>                                  35,369
<EXTRAORDINARY>                                  (836)
<CHANGES>                                            0
<NET-INCOME>                                    46,210
<EPS-BASIC>                                       3.10
<EPS-DILUTED>                                     2.75


</TABLE>
Exhibit 32











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 AMREP Corporation (the “Company”) on Form 10-Q for the period ended July 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned does hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:





(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.








Dated:  September 13, 2011








/s/ Theodore J. Gaasche


Theodore J. Gaasche


President and Chief Executive Officer


(Principal Executive Officer)








/s/ Peter M. Pizza   _____


Peter M. Pizza


Vice President and


Chief Financial Officer


(Principal Financial Officer)
Exhibit 32
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 consolidated financial condition and results of
operations of Allied.
 /s/ Charles S. Ream
    
    
    
    /s/ John G. Meyer, Jr.Charles S. Ream
    
    
    
    John G. Meyer, Jr.Director and Chief Financial Officer
    
    
    
    Director and Chief Executive OfficerNovember 12, 2010
    
    
    
    November 12, 2010
Exhibit








Exhibit 10.2


ADVISORY AND NON-COMPETITION AGREEMENT EXTENSION 


WHEREAS, on October 17, 2018, Toll Brothers, Inc. (the “Company”) and Robert I. Toll (“RIT”) entered that certain Advisory and Non-Competition Agreement (the “Agreement”) pursuant to which RIT agreed, among other things, to provide certain valuable strategic advisory services to the Company in exchange for the consideration set forth therein during a one-year period commencing on November 1, 2018 and ending on October 31, 2019; and


WHEREAS, the Company desires for RIT to continue to provide such services to the Company for an additional one-year period, and the Company further desires that RIT continue to be bound by, among other things, his agreement to preserve the Company’s confidences and not compete with the Company as set forth in the Agreement; 


WHEREAS, RIT and the Company desire to extend the Agreement for an additional one-year period on substantially the same terms as those set forth in the Agreement. 


NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of RIT and the Company agree that the term of the Agreement is hereby extended by one year to October 31, 2020 on the same terms and conditions as currently set forth in the Agreement; provided, that for purposes of Section 4(b) of the Agreement, if, during the Term of the Agreement, the Company moves its headquarters from 250 Gibraltar Road, Horsham, PA, it shall provide dedicated office space for RIT in any new headquarters facility during the term of the Agreement. 




[SIGNATURE PAGE FOLLOWS]


1









WHEREFORE, with the intention of being legally bound, RIT and the Company hereby execute this Agreement as of the latest date set forth on the signature line below. 


	
				
	 
	 
	 
	 

	ROBERT I. TOLL
	 
	TOLL BROTHERS, INC.

	 
	 
	 
	 

	/s/ Robert I. Toll
	 
	By:
	 /s/ John K. McDonald 

	Date:  October 29, 2019
	 
	 
	Name:  John K. McDonald

	 
	 
	 
	Title:  Senior Vice President, General Counsel and Chief Compliance Officer

	 
	 
	 
	Date:  October 29, 2019

	 
	 
	 
	 

	 
	 
	 
	 

	 
	 
	 
	 










2
```

[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Page 5802]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01651]

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

EXPORT-IMPORT BANK OF THE UNITED STATES

[Public Notice 2013-0106]

Agency Information Collection Activities: Comment Request

AGENCY: Export-Import Bank of the United States.

ACTION: Submission for OMB Review and Comments Request.

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

    Form Title: EIB 92-31 Notification by Insured of Amounts Payable 
Under Multi-Buyer Export Credit Insurance policy (Standard Assignment).

SUMMARY: The Export-Import Bank of the United States (Ex-Im Bank), as a 
part of its continuing effort to reduce paperwork and respondent 
burden, invites the general public and other Federal Agencies to 
comment on the proposed information collection, as required by the 
Paperwork Reduction Act of 1995.
    This form represents the exporter's directive to Ex-Im Bank to whom 
and where the insurance proceeds should be sent. The forms are 
typically part of the documentation required by financial institution 
lenders in order to provide financing of an exporter's foreign accounts 
receivable. Foreign accounts receivable insured by Ex-Im Bank represent 
stronger collateral to secure the financing. By recording which 
policyholders have completed this form, Ex-Im Bank is able to determine 
how many of its exporter policyholders require Ex-Im Bank insurance 
policies to support lender financing. The application can be reviewed 
at: www.exim.gov/pub/pending/eib92-31.pdf Single Buyer Export Credit 
Insurance Policy.

DATES: Comments should be received on or before March 29, 2013 to be 
assured of consideration.

ADDRESSES: Comments maybe submitted electronically on 
WWW.REGULATIONS.GOV or by mail to Arnold Chow, Export-Import Bank of 
the United States, 811 Vermont Ave. NW., Washington, DC 20571.

SUPPLEMENTARY INFORMATION: 
    Titles and Form Number: EIB 92-31 Notification by Insured of 
Amounts Payable Under Multi-Buyer Export Credit Insurance policy 
(Standard Assignment).
    OMB Number: 3048-XXXX.
    Type of Review: New.
    Need and Use: The information requested enables the applicant to 
provide Ex-Im Bank with the information necessary to obtain 
legislatively required assurance of repayment and fulfills other 
statutory requirements.
    Annual Number of Respondents: 150.
    Estimated Time per Respondent: 1 hour.
    Frequency of Reporting or Use: Annually.
    Government Review Time: 1 hour.
    Total Hours: 150 hours.
    Cost to the Government: $4,875.00.
    Benefits and Overhead: 28%.
    Total Government Cost: $6,240.00.

Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2013-01651 Filed 1-25-13; 8:45 am]
BILLING CODE 6690-01-P
```
I

106TH CONGRESS

1ST SESSION H. R. 737

To amend the International Air Transportation Competition Act of 1979

to eliminate restrictions on the provision of air transportation to and

from Love Field, Texas.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 11, 1999

Mr. TIAHRT (for himself, Mr. RYUN of Kansas, and Mr. MORAN of Kansas)

introduced the following bill; which was referred to the Committee on

Transportation and Infrastructure

A BILL

To amend the International Air Transportation Competition

Act of 1979 to eliminate restrictions on the provision

of air transportation to and from Love Field, Texas.

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

3 That section 29 of the International Air Transportation

4 Competition Act of 1979 (94 Stat. 48; 49) is repealed.

Æ
EXHIBIT 10.1

                                AMREP CORPORATION
                     2002 NON-EMPLOYEE DIRECTORS' STOCK PLAN

ARTICLE A -- PURPOSE.

The AMREP  Corporation 2002  Non-Employee  Directors' Stock Plan (the "Plan") is
intended to attract,  retain and compensate for services as members of the Board
of Directors of AMREP  Corporation (the "Company")  highly qualified persons who
are not employees of the Company or any of its subsidiaries by awarding them, as
part of their  compensation  for  services  rendered as directors of the Company
shares of the Company's Common Stock.

ARTICLE B -- PARTICIPATION.

Each member of the Board of Directors of the Company (the "Board") who is not an
employee of the Company or any of its subsidiaries shall be a participant in the
Plan ("Participant").

ARTICLE C -- AWARD OF SHARES.

On  March  15,  2003  and on the  fifteenth  day of  each  September  and  March
thereafter each  Participant  shall be awarded,  as partial payment for services
rendered as a director of the Company  during the  preceding  six months,  1,250
shares ("Shares")of the Company's Common Stock.

ARTICLE D -- LIMITATION ON NUMBER OF SHARES.

The total  number of shares of Common  Stock of the Company  that may be awarded
under the Plan shall be 65,000,  provided  that such number  shall be subject to
appropriate adjustment in the event of future stock splits, stock dividends,  or
other changes in the capitalization of the Company.

ARTICLE E -- SHARES AWARDED UNDER THE PLAN.

Shares awarded under the Plan shall be treasury shares.

ARTICLE F -- ADDITIONAL PROVISIONS.

     1. Although the Board intends to keep the Plan in effect indefinitely,  the
Board may terminate the Plan at any time or amend it from time to time; provided
that the Plan shall not be amended more frequently than semi-annually.

     2. It is the  Company's  intent that this Plan comply in all respects  with
Rule 16b-3 under the Securities  Exchange of 1934, as amended  ("Exchange  Act")
and any other Rules  promulgated  thereunder  so that awards under this Plan are
exempt from Section  16(b) of the Exchange  Act. If any provision of the Plan is
found not to be in compliance  with such Rule or Rules,  the provision  shall be
deemed null and void.

     3. Except as provided in the Plan, no  Participant  shall have any claim or
right to an award under the Plan.  Neither the Plan nor any action  taken by the
Board  thereunder  shall be  construed  as giving any  director  any right to be
retained in the service of the Company.

ARTICLE G -- DURATION OF PLAN.

     The Plan shall be  effective  as of December 5, 2002 and shall  continue in
effect until terminated by the Board.
§ 105-68.735 Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based? ( a ) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official determines that— ( 1 ) Your suspension is based upon an indictment, conviction, civil judgment, or other finding by a Federal, State, or local body for which an opportunity to contest the facts was provided;
( 2 ) Your presentation in opposition contains only general denials to information contained in the Notice of Suspension;
( 3 ) The issues raised in your presentation in opposition to the suspension are not factual in nature, or are not material to the suspending official's initial decision to suspend, or the official's decision whether to continue the suspension; or
( 4 ) On the basis of advice from the Department of Justice, an office of the United States Attorney, a State attorney general's office, or a State or local prosecutor's office, that substantial interests of the government in pending or contemplated legal proceedings based on the same facts as the suspension would be prejudiced by conducting fact-finding.
( b ) You will have an opportunity to challenge the facts if the suspending official determines that— ( 1 ) The conditions in paragraph (a) of this section do not exist; and
( 2 ) Your presentation in opposition raises a genuine dispute over facts material to the suspension.
( c ) If you have an opportunity to challenge disputed material facts under this section, the suspending official or designee must conduct additional proceedings to resolve those facts.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-7319
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus LARRY RAY BROWN, Defendant - Appellant.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CR-95-79, CA-96-1020-R) Submitted: January 15, 1998 Decided: January 28, 1998 Before MURNAGHAN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Larry Ray Brown, Appellant Pro Se. Donald Ray Wolthuis, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke, Virginia, 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 his28 U.S.C.A. § 2255 (West 1994 & Supp. 1997) motion. We have reviewed the record and the d istrict court's opinion and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we deny a certificate of appealability and dismiss on the reasoning of the district court. United States v. Brown , Nos. CR-95-79; CA-96-1020-R (W.D. Va. Aug. 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
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports.

Please see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum

opinions. Please also note that this electronic memorandum opinion may contain

computer-generated errors or other deviations from the official paper version filed by the Court of

Appeals and does not include the filing date. 

1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 STATE OF NEW MEXICO,

3 Plaintiff-Appellee,

4 v. NO. A-1-CA-36262

5 ANTHONY BACA,

6 Defendant-Appellant.

7 APPEAL FROM THE DISTRICT COURT OF CURRY COUNTY

8 Fred T. Van Soelen, District Judge

9 Hector H. Balderas, Attorney General

10 Santa Fe, NM

11 for Appellee

12 Bennett J. Baur, Chief Public Defender

13 Caitlin C.M. Smith, Assistant Appellate Defender

14 Santa Fe, NM

15 for Appellant

16 MEMORANDUM OPINION

17 HANISEE, Judge.

18 {1} Defendant Anthony Baca appeals from his conviction of aggravated assault.

19 This Court issued a notice of proposed disposition, proposing to summarily affirm,
2

1 and a second notice of proposed disposition, proposing to summarily affirm, in part,

2 and reverse, in part. Defendant filed a memorandum in support of summary reversal

3 and opposition to summary affirmance (DMIO), stating that he “relies upon the facts

4 and arguments contained in his initial memorandum in opposition to proposed

5 summary affirmance,” and supports our proposed reversal in part. [DMIO 1] The State

6 also filed a response to our proposed disposition (SMIO), by which it “informs the

7 Court that after due consideration it will not be filing a memorandum in opposition.”

8 [SMIO 1] Accordingly, and for the reasons stated in our notice of proposed

9 disposition, as remain applicable, and our second notice of proposed disposition, we

10 affirm Defendant’s conviction of aggravated assault, but reverse the district court’s

11 designation of the conviction as a serious violent offense.

12 {2} IT IS SO ORDERED.

13 _____________________________________

14 J. MILES HANISEE, Judge

15 WE CONCUR:

16 ____________________________

17 JULIE J. VARGAS, Judge

18 ____________________________
3

1 DANIEL J. GALLEGOS, Judge
EXHIBIT 32
                                                                      ----------


                            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 AMREP  Corporation (the "Company") on
Form 10-Q for the period  ended July 31, 2008 as filed with the  Securities  and
Exchange  Commission on the date hereof (the "Report"),  each of the undersigned
does hereby certify,  pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:

     (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.

Dated:  September 8, 2008

  /s/ Peter M. Pizza
--------------------------
Peter M. Pizza*
Vice President and
Chief Financial Officer

  /s/ James Wall
--------------------------
James Wall*

  /s/ Michael P. Duloc
--------------------------
Michael P. Duloc*



--------------
*The  Registrant  is a  holding  company  which  does  substantially  all of its
business   through   two   indirect   wholly-owned   subsidiaries   (and   their
subsidiaries). Those indirect wholly-owned subsidiaries are AMREP Southwest Inc.
("ASW") and Kable Media Services,  Inc.  ("Kable").  James Wall is the principal
executive  officer  of ASW,  and  Michael P.  Duloc is the  principal  executive
officer of Kable. The Registrant has no chief executive  officer.  Its executive
officers  include James Wall,  Senior Vice  President  and Peter M. Pizza,  Vice
President and Chief Financial  Officer,  and Michael P. Duloc, who may be deemed
an executive officer by reason of his position with Kable.