alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff/Appellee, v. James S. CAMPBELL, Defendant/Appellant.

No. 83-3037.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 9, 1983.

Decided Jan. 24, 1984.

As Amended on Denial of Rehearing May 8,1984.

Thomas M. Coffin, Asst. U.S. Atty., Eugene, Or., for plaintiff/appellee.

James C. Jagger, Jagger & Holland, Eugene, Or., for defendant/appellee.

Before WRIGHT, CANBY, and BOO-CHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

This is an appeal from a conviction for using a telephone to facilitate a conspiracy to distribute marijuana in violation of 21 U.S.C. § 843(b). It presents the novel question of whether a sentencing court may properly consider a prior drug conviction under the Federal Youth Corrections Act (FYCA), 18 U.S.C. § 5005*et seq.*Campbell contends that the parole and probation department’s reference in its presentence report to his prior FYCA conviction was improper. We do not agree.

Judges have broad discretion to consider a wide range of information in determining an appropriate sentence. *United States v. Tucker,*404 U.S. 443, 446, 92 S.Ct. 589, 591, 30 L.Ed.2d 592 (1972); *United States v. Williams,*668 F.2d 1064, 1072 (9th Cir.1981). We believe such information may include a prior conviction pursuant to the FYCA. In urging us to adopt a contrary position, Campbell relies on *United States v. Fryer,*545 F.2d 11 (6th Cir.1976). This reliance is misplaced. The *Fryer*court held only that a prior FYCA conviction could not be used as the basis for a conviction pursuant to the firearms statute, 18 U.S.C. § 922(a)(6), which requires as an essential element of the offense a prior felony conviction. *Id.*at 13-14.

Although section 5021 provides for setting aside FYCA convictions, the ex-pungement does not affect the nonpublic record retained by the Department of Justice. *Doe v. Webster,*606 F.2d 1226, 1237 n. 47 (D.C.Cir.1979). In its exhaustive review of the legislative history of section 5021, the *Doe*court noted that Congress’ clear intent was to prevent public dissemination, and particularly dissemination to prospective employers, of an FYCA conviction. *Id.*at 1234-1240. Nothing in that section suggests that the record may not be retained for later use by another court. *81318 U.S.C. § 5038 specifically permits the release of the sealed record of a Federal Juvenile Delinquency Act (FJDA) proceeding, whether or not there is a conviction, to “another court of law,” and to “an agency preparing a presentence report for another court.” If a sealed record of a *proceeding*involving a person under the age of 18 may be used by another court, certainly an expunged record of an FYCA *conviction*applicable to a person under the age of 22 may be so used. 18 U.S.C. § 5006(d). The district court’s judgment of conviction is

AFFIRMED.1

1

. We have disposed of the other issues raised by Campbell on this appeal by a separate memorandum decision because they do not meet the standards set by Rule 21 of the Rules of this court for disposition by published opinion.
Exhibit
31.1
 
 Certification
Pursuant to Section 13a-14 of the Securities Exchange Act of 1934 of Tony
Philipp (UpSNAP Chairman of the Board and Chief Executive Officer)
 
 I, Tony
Philipp, certify that:
 
 1.           I
have reviewed this report on Form 10-QSB for the quarter ended March 31, 2008 of
UpSNAP, Inc. (“registrant”);
 
 2.           Based
on my knowledge, the 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;
 
 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 officer and I have disclosed, based on our most
recent evaluation, to the registrant's auditors:
 
 a)           All
significant deficiencies and material weaknesses in the design or operation of
internal controls which are reasonably likely to adversely affect the
registrant’s ability to record, process, summarize and report financial
information (all of which do not apply); and
 
 b)           Any
fraud, whether or not material, that involves management or other employees who
have a significant role in the registrant's internal controls (all of which do
not apply).
 
 Date: May
14, 2008
 
 /s/ Tony
Philipp
 Tony
Philipp
 Chairman
of the Board and Chief Executive Officer
 (Principal
Executive Officer)
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-91,799-01

EX PARTE BURDANE MAURICE GRANGER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. B17780-1 IN THE 198TH DISTRICT COURT

FROM KERR COUNTY 

Per curiam.

O R D E R

Applicant was convicted of familyviolence assault and sentenced to 40 years’imprisonment.

The Fourth Court of Appeals affirmed his conviction. Granger v. State, No. 04-18-00707-CR (Tex.

App.—San Antonio, July 24, 2019). Applicant filed this application for a writ of habeas corpus in

the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM.

PROC. art. 11.07. 

On Sept. 23, 2020, the trial court entered an order designating issues. The district clerk

properly forwarded this application to this Court under Texas Rule of Appellate Procedure

73.4(b)(5). However, the application was forwarded before the trial court made findings of fact and

conclusions of law. We remand this application to the trial court to complete its evidentiary
investigation and make findings of fact and conclusions of law.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP. P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court. 

Filed: October 28, 2020

Do not publish
II 

Calendar No. 30 

118TH CONGRESS 

1ST SESSION H. R. 815 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2023 

Received 

MARCH 16, 2023 

Read the first time 

MARCH 21, 2023 

Read the second time and placed on the calendar 

AN ACT 

To amend title 38, United States Code, to make certain 

improvements relating to the eligibility of veterans to 

receive reimbursement for emergency treatment furnished 

through the Veterans Community Care program, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Removing Extraneous 

5 Loopholes Insuring Every Veteran Emergency Act’’ or the 

6 ‘‘RELIEVE Act’’. 


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2 

HR 815 PCS

1 SEC. 2. ELIGIBILITY REQUIREMENTS FOR REIMBURSE2 MENT FOR EMERGENCY TREATMENT FUR3 NISHED TO VETERANS. 

4 (a) ELIGIBILITY REQUIREMENTS.—Section 

5 1725(b)(2)(B) of title 38, United States Code, is amended 

6 by inserting ‘‘, unless such emergency treatment was fur7 nished during the 60-day period following the date on 

8 which the veteran enrolled in the health care system speci9 fied in subparagraph (A), in which case no requirement 

10 for prior receipt of care shall apply’’ before the period. 

11 (b) APPLICABILITY.—The amendment made by sub12 section (a) shall apply with respect to emergency treat13 ment furnished on or after the date that is one year after 

14 the date of the enactment of this Act. 

15 SEC. 3. MODIFICATION OF CERTAIN HOUSING LOAN FEES. 

16 The loan fee table in section 3729(b)(2) of title 38, 

17 United States Code, is amended by striking ‘‘November 

18 14, 2031’’ each place it appears and inserting ‘‘December 

19 28, 2031’’. 

Passed the House of Representatives March 7, 

2023. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 30 

118TH CONGRESS 

1ST SESSION H. R. 815 

AN ACT 

To amend title 38, United States Code, to make 

munity Care program, and for other purposes. treatment furnished through the Veterans Comveterans to receive reimbursement for emergency certain improvements relating to the eligibility of 

MARCH 21, 2023 

Read the second time and placed on the calendar 


pbinns on DSKJLVW7X2PROD with $$_JOB
#### The People of the State of New York, Respondent, v Levan Walker, Appellant.

[635 NYS2d 562]

—Judgment unanimously affirmed. Memorandum: The record supports County Court’s determination that defendant violated the conditions of his probation. The court did not abuse its discretion in denying defendant youthful offender status *(see, People v Locke,*119 AD2d 834). The sentence is not unduly harsh or severe. (Appeal from Judgment of Niagara County Court, Hannigan, J.— Violation of Probation.) Present—Green, J. P., Pine, Fallon, Callahan and Doerr, JJ.
Exhibit 31.2

Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Stephen A. Hozie, certify that:

1.    I have reviewed this Quarterly Report on Form 10-Q of American Home
      Mortgage Investment Corp.;

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;

      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 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.


/s/ Stephen A. Hozie
--------------------
Stephen A. Hozie
Executive Vice President and Chief Financial Officer
August 9, 2004
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration 

          - [TA-W-60,802] 

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on January 22, 2007 in response to a petition filed by a company official on behalf of workers at Collins and Aikman, Farmington, New Hampshire. The workers at the subject facility produce interior car parts. 

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. 

Signed in Washington, DC, this 12th day of March 2007. 

Richard Church, 

Certifying Officer, Division of Trade Adjustment Assistance. 

 [FR Doc. E7-4997 Filed 3-16-07; 8:45 am] 

BILLING CODE 4510-FN-P
•^-PARTMENT OF 

/-AlsSPORTATlON 

August 16, 2010 " ' ' - ^^ 

The Honorable Ray LaHood, Secretary 

U. S. Department of Transportation 

400 7^^ Street, SW Room 10200 

Washington, DC 20590 

Subject: Small Community Air Service Development Grant Application; Docket 

OST-2010-0124, for Savannah/Hilton Head International Airport (SAV) 

Secretary LaHood, 

I am v/riting to support Savannah/Hilton Head International Airport (SAV) in its 

effort to acquire the Department of Transportation's Small Community Air 

Service Development Program grant. JetBlue has keenly noted the importance 

of air service development in the improvement and support of local economies. 

Indeed, lov/ cost carriers such as JetBlue help to foster local economic 

development in terms of both local business travel and incoming tourist dollars. 

It is my hope that the Department of Transportation would look favorably on 

Savannah and its efforts to serve a community devoid of [oYf cost service. 

While JetBlue has made no decisions or commitments regarding service to 

Savannah, we remain interested in the prospect of adding flights. The 

enthusiasm Savannah has shown in its pursuit of low-cost air service is a 

testament not only to the community's interest and dedication, but also to the 

need for the low fares that a low-cost carrier brings. 

The presence of a low fare carrier at Savannah/Hilton Head International 

Airport would play a major role in satisfying the needs of the community and 

benefit both Georgia and South Carolina. I fully support Savannah/Hilton 

Head's efforts, and wish them well in their endeavor. 

Respectfully, 

Scott M. Laurence 

Vice President Route Planning 

JetBlue Airways
Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350) In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2016 (the Report) of TICC Capital Corp. (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Bruce L. Rubin, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that: (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/ Bruce L. RubinName: Bruce L. RubinDate: August 5, 2016
10.24 - Armada & BioRidge(1)




ARMADA 
Health Care 


August 8, 2014 


Dr. William A. Carter Chairman and CEO Hemispherx Biopharma, Inc. 
JFK Boulevard 
Suite 500 
Philadelphia, Pa 19103 


Re: Agreements Between Armada Health Care, LLC and Hemispherx Biopharma, Inc. and 
BioRidge Pharma and Hemispherx Biopharma, Inc. 


Dear Dr. Carter, 
Armada Health Care and BioRidge Pharma would like to request an extension to the above mentioned contracts initially signed on August 15, 2011 and extended in 2012 and 2013 through August 14, 2014 subject to the same terms and conditions currently in place. 


Please sign this acceptance letter as acknowledgment of the extension through August 14, 2015 and return to my attention via fax or e-mail. I can be reached at 973-564-8004 if you have any questions 
or concerns. 


Regards, 


Ryan Oligino 
Vice President 
Armada Health Care
Phone: 973-564-8004 
Fax: 973-564-8010





	
		
	/S/: William A. Carter
	 

	(signature)
	 

	William A. Cartrer
	 

	(print name)
	 

	CEO and Chairman
	 

	(Title)
	 

	8/9/2014
	 

	(Date)
Exhibit 31.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

THE SECURITIES EXCHANGE ACT OF 1934





I, Marc N. Teal, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Boston Capital Real Estate Investment Trust, Inc.;
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:



1. 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;
2. 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
3. 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



1. 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):



1. 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
2. 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.





|August 14, 2007 | /s/ Marc N. Teal       
|--------------- | -----------------------
|                | Marc N. Teal           
|                | Chief Financial Officer
|                |
**EXHIBIT 32.2****CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED****PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF2002.**In connection with the Quarterly Report of HLI Operating Company, Inc. (the “Company”) on Form 10-Qfor the quarterly period ended October 31, 2005 as filedwith the Securities and Exchange Commission on the date hereof(the “Report”), I, James A. Yost, Vice President,Finance and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. section 1350, as adoptedpursuant to section 906 of the Sarbanes-Oxley Act of 2002,that, to the best of my knowledge:     1. The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of1934; and     2. The information contained in the Report fairly presents,in all material respects the financial condition and results ofoperations of the Company.     /s/ James A. Yost           James A. Yost *Vice President, Finance and Chief Financial Officer*December 12, 2005