alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S23011-15

* Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA,

 Appellee

v.

JEROME BOWMAN,

 Appellant

:

:

:

:

:

:

:

:

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

 No. 621 EDA 2014

Appeal from the Judgment of Sentence Entered January 14, 2014,

in the Court of Common Pleas of Philadelphia County, 

Criminal Division at No. CP-51-CR-0011386-2012

BEFORE: DONOHUE, SHOGAN, and STRASSBURGER,* JJ.

CONCURRING MEMORANDUM BY STRASSBURGER, J.:FILED JUNE 01, 2015

I join the Majority Memorandum. I write separately to address 

Appellant’s challenge to the discretionary aspects of his sentence and the 

confusing status of the law regarding such challenges.1

As to Bowman’s challenge to the discretionary aspects of his sentence, 

the Majority cites Commonwealth v. Lewis, 911 A.2d 558, 567 (Pa. Super. 

2006), for the proposition that allegations that a sentencing court failed to 

consider mitigating factors does not raise a substantial question that a 

sentence was inappropriate. Majority Memorandum at 12. Indeed, Lewis 

supports such a proposition. 

 

1 As Judge Bowes cogently observed in Commonwealth v. Dodge, 77 A.3d 

1263, 1272 n.8 (Pa. Super. 2013), “it is apparent that this Court’s 

determination of whether an appellant has presented a substantial question 

in various cases has been less than a model of clarity and consistency[.]” 
J-S23011-15

- 2 -

However, this Court also has stated, “[i]t is well-established that a 

sentencing court’s failure to consider mitigating factors raises a substantial 

question.” Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 

2014). Moreover, this Court recently has reiterated several times “that an 

excessive sentence claim—in conjunction with an assertion that the court 

failed to consider mitigating factors—raises a substantial question.” 

Commonwealth v. Raven, 97 A.3d 1244, 1253 (Pa. Super. 2014) 

(emphasis added; citation omitted) (citing Commonwealth v. Perry, 883 

A.2d 599, 602 (Pa. Super. 2005)); Commonwealth v. Samuel, 102 A.3d 

1001, 1007 (Pa. Super. 2014); Commonwealth v. Gonzalez, 109 A.3d 

711, 731 (Pa. Super. 2015). 

Here, I agree with the Majority that Appellant is arguing that his 

sentence is excessive and that the trial court failed to consider mitigating 

factors. Based upon this Court’s recent decisions, I believe that Appellant 

has raised a substantial question worthy of appellate review. However, 

because the Majority properly vacates Appellant’s judgment of sentence due 

to its illegal nature and remands for resentencing, any challenge to the 

discretionary aspects of Appellant’s sentence is moot.
(Reap. Dec. 10640)

#### H. Zwakt & Co., Inc. *v.*United States

Entry No. 976026, etc.

(Decided December 17, 1963)

*Sharp & Bogan*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

Rao, Judge:

The appeals for reappraisement, listed in the schedule attached to this decision and made a part hereof, were submitted for decision upon the following stipulation:

> IT IS STIPULATED AND AGREED by and between Counsel for the Plaintiff and the Assistant Attorney General, Counsel for the United States:

> 1. That the merchandise covered by the present appeals for reappraisement consists of hardboard manufactured in Prance and exported to the United States by the Societe Prancaise pour le Commerce Exterieur de Panneaux (EXPANO) and is described on the invoices as Isog'il hardboard D-3;

> 2. That at the times of exportation of such merchandise, its export value within the meaning of Section 402a(d) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, was less than its foreign value within the meaning of Section 402a (e) of that Act;

> 3. That foreign value as defined in Section 402a (c) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, is the proper basis for determining the value for appraisement of this merchandise, and that such value is;

> A. On *R61/18760*and *R61/19J/23:*N. Prs. 3.70 per square meter. — less 31%, less 1%, less 1% %, less 20%, plus packing;

> B. On *R61/18761, R6J/18762*and *R61/18733:*N. Prs. 3.72 per square meter, less 31%, less 1%, less 1%%, less 20%, plus packing;

*495That as to all other merchandise covered by the invoices pertaining to these appeals for appraisement, Plaintiff hereby abandons its appeal; and that these appeals for reappraisement are deemed submitted upon the foregoing stipulations.

Upon tlie agreed facts, I find foreign value, as that value is defined in section 402a (c) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, to be the proper basis for determining the values of the Isogil hardboard D-3, covered by these appeals for reappraisement, and that such values were as follows:

In 1161/18160 and B61/19423: Nouveau francs 3.10 per square meter, less 31 percent, less 1 percent, less 1% percent, less 20 percent, plus packing.

In B61/18761, B61/18762, and 1161/18163: Nouveau francs 3.72 per square meter, less 31 percent, less 1 percent, less 1% percent, less 20 percent, plus packing.

In all other respects and as to all other merchandise, the said appeals for reappraisement having been abandoned are hereby dismissed.

Judgment will be entered accordingly.
No. 60388.

protests 175498-K and 180189-K (New York).

#### Anglo American Commodities *v.*United States,

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the merchandise consists of chinaware articles similar in all material respects to those the subject of *De Waubert, Inc., and N. M. Albert Co., Inc.*v. *United States*(36 Cust. Ct. 12, C. D. 1747), except that the merchandise herein is in chief value of decorated chinaware containing 25 percent or more of calcined bone, the claim of the plaintiff was sustained.
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BRICKLAYERS : CIVIL ACTION

:

 :

 v. :

:

 : 

MASTRO MASONRY : NO. 02-4079

O R D E R

AND NOW, this 20th day of December, 2002, in accordance with the court's

procedure for random reassignment of cases, it is hereby

ORDERED that the above-captioned case is reassigned from the calendar of

the Honorable R. Barclay Surrick to the calendar of the Honorable James Knoll Gardner.

 FOR THE COURT:

 JAMES T. GILES 

 Chief Judge

 ATTEST:

 ___________________

 MICHAEL E. KUNZ

 Clerk of Court

Case 2:02-cv-04079-JKG Document 12 Filed 12/20/2002 Page 1 of 1
[Federal Register Volume 88, Number 206 (Thursday, October 26, 2023)]
[Notices]
[Page 73621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23763]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-23-051]


Sunshine Act Meetings

Agency Holding the Meeting: United States International Trade 
Commission.

TIME AND DATE: October 31, 2023 at 11:00 a.m.

PLACE: Room 101, 500 E Street SW, Washington, DC 20436, Telephone: 
(202) 205-2000.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: 
    1. Agendas for future meetings: none.
    2. Minutes.
    3. Ratification List.
    4. Commission vote on Inv. Nos. 701-TA-683 and 731-TA-1594-1596 
(Final) (Paper File Folders from China, India, and Vietnam). The 
Commission currently is scheduled to complete and file its 
determinations and views of the Commission on November 13, 2023.
    5. Outstanding action jackets: none.

CONTACT PERSON FOR MORE INFORMATION: Sharon Bellamy, Supervisory 
Hearings and Information Officer, 202-205-2000.
    The Commission is holding the meeting under the Government in the 
Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, 
subject matter listed above, not disposed of at the scheduled meeting, 
may be carried over to the agenda of the following meeting. Earlier 
notification of this meeting was not possible.

    By order of the Commission.

    Issued: October 24, 2023.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2023-23763 Filed 10-24-23; 4:15 pm]
BILLING CODE 7020-02-P
<PAGE>

                                                                      Exhibit 31

                      CERTIFICATION OF LAURA L. MOUNTCASTLE

I, Laura L. Mountcastle, certify that:

      1.    I have reviewed this annual report on Form 10-K of Consumers Funding
            LLC;

      2.    To the best of my knowledge, this annual 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 annual report;

      3.    To the best of my knowledge, the financial statements included in
            this annual report provide the financial information required to be
            provided to the trustee under the governing documents of Consumers
            Funding LLC; and

      4.    Consumers Energy, as Servicer under the Securitization bonds, has
            complied with its servicing obligations and minimum servicing
            standards.

Date: March 10, 2005                   By /s/ Laura L. Mountcastle
                                          ------------------------------------
                                            Laura L. Mountcastle
                                            President, Chief Executive Officer,
                                            Chief Financial Officer and
                                            Treasurer
**[PROTECTIVE
      LIFE AND ANNUITY INSURANCE COMPANY LETTERHEAD]**





**EXHIBIT
      32(a)**





**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 on Form 10-Q of Protective Life
      and
      Annuity Insurance Company (the “Company”) for the period ending
      September 30, 2005 as filed with the Securities and Exchange Commission
      (the “Report”), I, Wayne E. Stuenkel, President of the Company, certify,
      pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
      Sarbanes-Oxley Act of 2002, that to the best of my 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 result of operations of the Company.










/s/
      Wayne E.
      Stuenkel


Wayne
      E.
      Stuenkel


President


(Principal
      Executive Officer)


November 14,
      2005








This
      certification accompanies the Report pursuant to §906 of the Sarbanes-Oxley Act
      of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
      Act
      of 2002, be deemed filed by the Company for purposes of §18 of the Securities
      Exchange Act of 1934, as amended.
No. 56280.

protest 177008-K (New York).

#### Dan Brechner & Company *v.*United States,

Opinion by

Oliver, C. J.

Following the authorities cited in Abstract 15400 the court dismissed the protest.
ex_229524.htm


Exhibit 4.10


 


DESCRIPTION OF CAPITAL STOCK


 


 


Aqua Metals, Inc. (“Company”, “we”, “us” and “our”) has one class of securities registered under Section 12 of the Securities Exchange Act of 1934, as amended, namely our common stock, par value $0.001 per share.


 


The following is a summary of the rights of our common and of certain provisions of our First Amended and Restated Certificate of Incorporation, as further amended (“Certificate of Incorporation”) and Second Amended and Restated Bylaws (“Bylaws”). For more detailed information, please see our Certificate of Incorporation and Bylaws, which are incorporated by reference as exhibits to the Annual Report on Form 10-K to which this description is an exhibit.


 


Common Stock


 


Our Certificate of Incorporation authorizes us to issue up to 100,000,000 shares of common stock, $0.001 par value per share. As of February 22, 2021, we had 67,139,664 shares of common stock outstanding and held by 10 stockholders of record.


 


Holders of shares of common stock are entitled to one vote per share on all matters to be voted upon by the stockholders generally. Stockholders are entitled to receive such dividends as may be declared from time to time by the Board out of funds legally available therefore, and in the event of liquidation, dissolution or winding up of the company to share ratably in all assets remaining after payment of liabilities. The holders of shares of common stock have no preemptive, conversion, subscription rights or cumulative voting rights.


 


Dividends


 


We have never paid cash dividends on our common stock and we do not anticipate the payment of cash dividends on our common stock in the foreseeable future.


 


Anti-Takeover Effects of Certain Provisions of Delaware Law


 


We are subject to the provisions of Section 203 of the Delaware General Corporation Law, or DGCL, an anti-takeover law. In general, Section 203 prohibits a publicly held Delaware corporation from engaging in a “business combination’’ with an “interested stockholder’’ for a period of three years after the date of the transaction in which such stockholder became an interested stockholder, unless the business combination is approved in a prescribed manner. For purposes of Section 203, a “business combination’’ includes a merger, asset sale or other transaction resulting in a financial benefit to the interested stockholder, and an “interested stockholder’’ is a stockholder who, together with affiliates and associates, owns, or within three years prior, did own, 15% or more of the voting stock.


 


Transfer Agent and Registrar


 


The transfer agent and registrar for our common stock is VStock Transfer, LLC, 18 Lafayette Place, Woodmere, New York 11598.


 


.
Exhibit 99.2

**Certificate of Chief Executive Officer**

I, Gregory C. Smith, President and Chairman of Powder River Basin Gas Corp. certify that:

1. I have reviewed this annual report on Form 10-KSB of Powder River Basin Gas Corp. ("PRVB").

2.  Based on my knowledge, this annual 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 annual report.

3. Based on my knowledge, the financial statements and other financial information included in this annual report fairly
present, in all material respects, the financial condition, results of operations and cash flows of PRVB as of, and for, the
periods presented in this report.

4. PRVB's other certifying officers and I are responsible for establishing and maintaining disclosure controls and
procedures (as defined in the Exchange Act Rules 13a-14 and 15d-14) for PRVB and we have:

a. designed such disclosure controls and procedures to ensure that material information relating to PRVB, including its
consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this
annual report is being prepared;

b. evaluated the effectiveness of PRVB's disclosure controls and procedures as of a date within 90 days prior to the filing
date of this annual report (the "Evaluation Date"); and

c. presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based
on our evaluation as of the Evaluation Date.

5. PRVB's other certifying officers and I have disclosed, based on our most recent evaluation, to our auditors:

a. all significant deficiencies in the design or operation of internal controls which could adversely affect PRVB's ability to
record, process, summarize and report financial data and have identified for PRVB's auditors any material weaknesses in
internal controls; and

b. any fraud, whether or not material, that involves management or other employees who have a significant role in
PRVB's internal controls.

6. PRVB's other certifying officers and I have indicated in this annual report whether or not there were significant changes
in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most
recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

Date:  April 15th, 2003       /s/ Gregory C. Smith

Gregory C. Smith, President and Chairman
---

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

I, Johannes T. Petersen, hereby 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 Annual Report on Form 10-KSB of Century Petroleum
      Corp. for the year ended April 30, 2008(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 Century Petroleum Corp.                                                             

Dated: August 13, 2008



| | /s/
      Johannes T. Petersen            
| | ------------------------------------------
| | Johannes T. Petersen                      
| | Secretary, Treasurer and Director         
| | (Principal Financial Officer and Principal
| | Accounting Officer)                       
| | Century Petroleum Corp.                   

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Century
Petroleum Corp. and will be retained by Century Petroleum Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.

---
A89A2167.

#### SINGLETARY v. THE STATE.

(390 SE2d 611)

Decided January 18, 1990.

*Michael L. Bankston,*for appellant.

Carley, Chief Judge.

After a jury trial, appellant was found guilty of sale of cocaine. Appellant appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

1. Cross-examination of the undercover agent who made the purchase from appellant established that, on two other occasions, he had attempted to buy cocaine at the same location where he made contact with appellant. The agent was then asked whether the same confidential informant had been used on those occasions. The trial court sustained the State’s objection to the question on the ground that the agent’s answer might tend to disclose the informant’s identity. This ruling is enumerated as an erroneous denial of appellant’s right to a thorough and sifting cross-examination.

“We find no error in the trial court’s refusal to allow defense, counsel to cross-examine [the undercover agent] as to [whether] . . . the [same] informant assisted the [agent in two other cases,] in order to protect the informant’s identity. [Cits.]” *Butler v. State,*185 Ga. App. 478, 480 (1) (364 SE2d 612) (1988). See also *Deuser v. State,*138 Ga. App. 211 (1) (225 SE2d 758) (1976).

2. At one point during appellant’s cross-examination, his counsel objected to the State’s “line of questioning” on the ground that , he did not “see any relevance to this case.” The trial court’s failure to sustain this objection is enumerated as error.

. Appellant’s objection presents nothing for appellate review. “It has been repeatedly held by the Supreme Court and this court that an objection that evidence is irrelevant and immaterial is insufficient to show reversible error. [Cits.]” *Brown v. State,*122 Ga. App. 59 (176 SE2d 240) (1970).

3. Appellant enumerates the general grounds, urging that he did not sell the cocaine, but merely obtained it and turned it over to the agent at no profit to himself. “The theory that one may act as a conduit or procuring agent of the purchaser and thus escape culpability as a seller has been considered and rejected by this court. [Cits.] From our review of the evidence, we find that a rational trier of fact could reasonably have found proof of [appellant’s] guilt beyond a reasonable doubt.” *Diana v. State,*164 Ga. App. 779, 780 (1) (298 SE2d 281) (1982). See also *Royal v. State,*158 Ga. App. 405, 406 (3) (280 SE2d 427) (1981).

*Judgment affirmed.*

*McMurray, P. J., and Beasley, J., concur.*

*267
      *J. Brown Moseley, District Attorney, Robert G. Dunn, Assistant District Attorney,*for appellee.
Sacaton, AZ. 85247 

To: District a 

We would like to request placement on the agenda for the upcoming 

Community meeting on JU b . The air quality program will make a presentation on the following 

The presentation will be given by D/fi n(& 

Please call Janet Travis at (520) 562-2234 ext. 286 to confirm 

placement on the agenda. 

Than k-you 

I I 
TRANSMISSION VERIFICATION REPORT 

TIME : 05/09/2005 09: 07 

NAME : DEPT DEQ 

FAX : 5205622245 

TEL : 5205622234 

DATE TIME 

FAX LO. /NAME 

DURATION 

PffiE (S) RESULT 

MODE 

05/09 09:06 

5622032 

00: 00: 20 

01 

OK 

STANDPIRD 

ECM 

Air Quality Program 

To: District 2 

We would like to request placement on the agenda for the upcoming 

Community meeting on JU b . The air quality program will make a presentation on the following 

The presentation will be given by Dk @(&