alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v William Ling, Appellant.

[633 NYS2d 348]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered September 1,1994, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Posner, J.), of the defendant’s motion to dismiss the indictment on speedy trial grounds pursuant to CPL 30.20.

Ordered that the judgment is affirmed.

The defendant contends that his constitutional right to a speedy trial was violated by the seven-month delay between *373the date of the incident and the date that he was arrested. It is well established that in balancing the merits of a defendant’s assertion that he has been denied a speedy trial, the court should consider "(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay” *(People v Taranovich,*37 NY2d 442, 445; *see also, People v Singer,*44 NY2d 241; *People v Bonsauger,*91 AD2d 1001). Applying these guidelines, we find that the delay in arresting the defendant herein did not violate his speedy trial rights *(see, People v Lesiuk,*81 NY2d 485; *People v Braxton,*176 AD2d 811; *People v Donovan,*141 AD2d 835).

At the time of the plea allocution, the defendant was expressly warned that if he failed to return to court on the date scheduled for sentencing, the court would impose an enhanced sentence. The defendant clearly acknowledged that he understood this condition of the plea agreement. Accordingly, once the defendant unjustifiably failed to appear for sentencing, the court was free to impose an enhanced sentence *(see, People v Patterson,*211 AD2d 829; *People v Thorpe,*189 AD2d 903).

Finally, the sentence imposed was neither harsh nor excessive *(see, People v Suitte,*90 AD2d 80). Balletta, J. P., Miller, O’Brien and Copertino, JJ., concur.
### NUM BER 13-0 7-00 496- CR 

## COURT OF A PP EA LS T H I R T E E N T H D I S T R I C T O F T E X AS CORPUS CHRI ST I -E DI NBURG

____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _______ _ A LF RED O SA NC HEZ , A pp ellan t, v . T H E STA

T E OF T EX

AS, A p p el le e.

____ ____ ____ ____ __ _ _ _ _ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ On ap pe al f rom th e 2 14t h Dist rict C ou rt o f N ue ces Co un ty , T exas .

____ ____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ ____ 

## ME MOR A N D U M OP I N I ON Be fo re Ju stice s Y añ ez, Garza, a nd B en av ide s M emo rand um Opin ion Pe r Cu riam Appel lan t, Al fredo S anche z , attempted to pe rfectan a ppeal from a conv icti on for sex ual as saul t. W e di smi ss the appeal for want o f jur is dicti on. This C our

t' s a ppel lat e j ur isd ict ion i n a c ri minal ca se is i nv oked by a t imel y fil ed noti ce of appeal
. Ol

iv o v . St ate , 918 S.W .2d 5 19, 5 22 (Tex
. Cr im. App. 1996)
. Abs ent a ti mely fil ed not ic e of appeal , a cour t of ap peal s does not hav e jur is dicti on to address themeri ts of the appe al and c an ta ke no acti on ot her than to dis m iss t h e appeal for want o f jur is dicti on. Sl

aton v. State , 981 S.W .2d 2 08, 2 10 ( Tex . C ri m. App. 1998)
. The tr ial co urt i m p o se d se ntenc e i n thi s matter on M ay 15, 2007. The not ic e of appeal was due on June 14, 2007. The re cord cont ain s a pro se noti ce of appeal date d Ma y 30, 2007, mark ed “ re cei v ed” by persons unkno w n on June 1, 20 07, a nd fil e- mark ed by the dis tr ict c ler k o n J uly 2, 2007. This C our

t aba ted a nd remanded t hismatte r to t he tr ial co urt for a det er minat ion re ga rd ing the time liness of app ellant ’s notice of

app eal. After rema nd, the trial court all ow ed appel lan t’ s former appoi nted couns el to w it hdraw and app oin ted n ew co unsel for appel lan t for pur posesof thi s a ppeal
. This C our t hasnow

rec e ived a respon se filed by appel lan t’ s n ew

co unsel reg ardin g the ti meli ness of appell ant’ s n oti ce of appeal
. Cou nsel has sta ted t hat t he appe al w as not t imel y fil ed and that thi s d efect c annot be c ured. Appel lan t’ s n oti ce of appeal w as unti mely , and accordin g ly , we l ack j ur is dicti on ov er the a ppeal
. See Slaton , 98 1 S. W .2 d at2 10
. A pp el l an t ma y be en ti tl ed t o an o ut - of- ti me appeal by

fil ing a po st- conv icti on w ri t of habeasco rp us re tur nabl e t o t h e T ex as Cou rtof Criminal App eals; h owev er, the availability of tha t reme dy is beyond the jurisdiction of this Cou rt . SeeT EX . C OD E C R IM . P ROC . A NN . ar t. 11.07, § 3( a) (Ver non 200 5) ; see als o Ex parte Garcia , 988 S.W .2d 240 (Tex. Cr im. Ap p. 19 99). The appeal i s D ISM ISSE D FO R W AN T OF JU RI SD IC TION
. PERC UR IAM Do not p ubl is h. SeeT EX . R. A PP . P. 47 .2(b). Me moran dum Opi nio n del iv ered and filed thi s t he 10th day

of Apr il , 200 8.
Exhibit 32.7

CERTIFICATION PURSUANT TO

18 U.S.C.§1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Long Only Commodity Series, a Series of The Frontier Fund on Form 10-Q
for the period ended March 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, to the best of 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 Long Only Commodity Series.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                                                                                      
|------------------------------------------------------------------------------------------------------------------------------------------------------
|/s/ Robert J. Enck                                                                                                                                    
|Robert J. Enck                                                                                                                                        
|President and Chief Executive Officer of Equinox Fund Management, LLC, the Managing Owner of Long Only Commodity Series, a Series of The Frontier Fund
|



|                                                                                                                                        
|----------------------------------------------------------------------------------------------------------------------------------------
|/s/ Brent Bales                                                                                                                         
|Brent Bales                                                                                                                             
|Chief Financial Officer of Equinox Fund Management, LLC, the Managing Owner of Long Only Commodity Series, a Series of The Frontier Fund
|

Date: November 26, 2008
STATE OF DELAWARE
                                                SECRETARY OF STATE
                                                DIVISION OF CORPORATIONS
                                                FILED 09:00 AM 05/14/1998
                                                981185970-2192400

                        CERTIFICATE OF AMENDMENT
                                   OF
                      CERTIFICATE OF INCORPORATION
                                   OF
                        SUNMARK INDUSTRIES 1, INC.

     Pursuant to Section 242 of the General Corporation of the laws of
the State of Delaware.

     The undersigned, pursuant to the provisions of the General
Corporation Law of the State of Delaware, do hereby certify and set forth
as follows:

     FIRST:  The name of the Corporation is presently SUNMARK INDUSTRIES
1, INC.

     SECOND:  The Amendment to the Certificate of Incorporation to be
effected hereby is as follows:

       Paragraph 1 of the Certificate of Incorporation, relating to the
name of the Corporation, is amended to read as follows:

     The Name of the Corporation shall now be:  Mark 1 Industries, Inc.

     THIRD: The amendment effected herein was authorized by the
affirmative vote of a majority of the members of the governing body
pursuant to Section 242 of the General Corporation Law of the State of
Delaware.

     IN WITNESS THEREOF, we have hereunto set our hands and seal this
12th Day of May, 1998.

By: /s/ Terrence Cullinan
-----------------------------
Terrence Cullinan, President


Attest: /s/ Brian St. Clair
------------------------------
Brian St. Clair, Secretary
**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
      PUBLIC ACCOUNTING REFORM AND INVESTOR PROTECTION ACT OF
      2002**








In
      connection with the Quarterly Report on Form 10-Q of Aeolus Pharmaceuticals,
      Inc. (the “Company”) for the period ended December 31, 2006 as filed with the
      Securities and Exchange Commission on or about the date hereof (the “Report”),
      John L. McManus, President and Chief Operating Officer, and Michael P. McManus,
      Chief Financial Officer, hereby certify, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my
      knowledge:





(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 of the Company at the end of the
                period
                covered by the Report and results of operations of the Company for
                the
                period covered by the Report.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission (“SEC”) or its staff upon request.





This
      certification accompanies the Report to which it relates, is not deemed filed
      with the SEC and is not to be incorporated by reference into any filing of
      the
      Company under the Securities Act of 1933, as amended (whether made before or
      after the date of the Report), irrespective of any general incorporation
      language contained in such filing.








/s/John
      L. McManus


John
      L.
      McManus


President
      and Chief Operating Officer


(Principal
      Executive Officer)


February
      9, 2007








/s/
      Michael P. McManus


Michael
      P. McManus


Chief
      Financial Officer, Treasurer and Secretary


February
      9, 2007
<TABLE> <S> <C>



<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the Company's
balance sheet as of December 31, 2000 and the  Statements of Operations  for the
year ended  December  31, 2000 and is  qualified in its entirety by reference to
such financial statements.
</LEGEND>
<CIK>                      0001099231
<NAME>                     Pathnet Telecommunications, Inc.
<MULTIPLIER>      1,000

<S>                             <C>
<PERIOD-TYPE>     12-MOS
<FISCAL-YEAR-END> DEC-31-2000
<PERIOD-START>    JAN-01-2000
<PERIOD-END>      DEC-31-2000
<CASH>                                     40,368
<SECURITIES>                                5,146
<RECEIVABLES>                               9,547
<ALLOWANCES>                                  134
<INVENTORY>                                     0
<CURRENT-ASSETS>                           56,423
<PP&E>                                    216,518
<DEPRECIATION>                              5,913
<TOTAL-ASSETS>                            298,022
<CURRENT-LIABILITIES>                      54,386
<BONDS>                                   347,031
<PREFERRED-MANDATORY>                      63,933
<PREFERRED>                               243,763
<COMMON>                                       36
<OTHER-SE>                              (237,331)
<TOTAL-LIABILITY-AND-EQUITY>              298,022
<SALES>                                    43,388
<TOTAL-REVENUES>                           43,388
<CGS>                                      49,503
<TOTAL-COSTS>                              49,503
<OTHER-EXPENSES>                          328,073
<LOSS-PROVISION>                                0
<INTEREST-EXPENSE>                         42,034
<INCOME-PRETAX>                         (369,856)
<INCOME-TAX>                                    0
<INCOME-CONTINUING>                     (369,856)
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                            (369,856)
<EPS-BASIC>                                     0
<EPS-DILUTED>                                   0




</TABLE>
EPA Hearing on Existing Power Plant Rule 

My name is Sister Frances Murray and I am a Sister of Saint Francis of Philadelphia. I come 

today as a representative of my Congregation. I serve also as the Chair of the Congregation's 

Advocacy for Justice and Peace Committee. I come as a Christian who believe that it is our 

moral duty to doing no harm to God's creation. In light of this, I entreat you to write Emission 

Guidelines for reducing carbon pollution from existing fossil fuel power plants that truly make a 

difference for global climate. 

Pope Francis said in his call to us, "Whenever human beings fail to live up to environmental 

responsibility, whenever we fail to care for creation and for our brothers and sisters, the way is 

opened to destruction and hearts are hardened. " Let us be protectors of creation." 

The tradition of Catholic social teaching offers serious insights on environmental issues. We 

believe that the following themes drawn from the tradition are integral dimensions of ecological 

responsibility: 

o A God-centered and sacramental view of the universe, which grounds human 

accountability for the fate of the earth; 

o A consistent respect for human life which extends to respect for all creation; 

o A world view affirming the ethical significance of global interdependence and the 

common good; 

o An ethics of solidarity promoting cooperation and a just structure of sharing in the 

world community; 

o An understanding of the universal purpose of created things, which requires 

equitable use of the earth's resources; 

o An option for the poor, which gives passion to the quest for an equitable and 

sustainable world; 

o A conception of authentic development, which offers a direction for progress that 

respects human dignity and the limits of material growth. 

In Centesimus Annus, former Pope Benedict XVI insisted that the state has the task of providing 

"for the defense and preservation of common good such as the natural and human environments, 

which cannot be safeguarded simply by market forces." (#40) You can see that all of these 

principles apply to your decisions about writing emission rules for fossil fuel power plants. 

As you consider providing carbon limits on fossil fuel plants, which are the single largest source 

of climate pollution in the US and most often located in poor communities, I urge you to make 

sure that those limits truly do the job of reducing pollution and global climate change. Although 

we do our best to reduce our own carbon footprint, this pales in the presence of coal powered 
plants. We know millions of Americans join us in supporting these limits. Please do the right and 

moral thing. 

Frances Murray, OSF 

Sisters of St. Francis of Philadelphia 

160 Meadowbrook Lane 

Brookhaven, P A 190 15 

mirmurray@comcast.net
```

                                                                    EXHIBIT 13.1

    CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 USC SS.1350,
         AS ADOPTED PURSUANT TO SS.906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the annual report on Form 20-F for the fiscal year ended
December 31, 2007 of Metalink Ltd. (the "Company") as filed with the U.S.
Securities and Exchange Commission (the "Commission") on the date hereof (the
"Report"), and pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, Tzvika Shukhman, Chief
Executive Officer and Chairman of the Board, certify 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 Company.

Date: June 30, 2008

                                                         By /s/ Tzvika Shukhman
                                                         ----------------------
                                                         Tzvika Shukhman
                                                         Chief Executive Officer
```
#### THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MIDDLESEX, APPELLANT, v. THE BOARD OF PUBLIC UTILITY COMMISSIONERS ET AL., RESPONDENTS.

Submitted December 9, 1918

Decided February 6, 1919.

On appeal from tlie Supreme Court, whose opinion is reported in 91 *N. J. L.*97.

Eor the appellant, *Frederick F. Richardson*and *Edmund A. Hayes.*

For the respondents, *Alan H. Strong.*

Per Curiam.

The ¡judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Minturn in the Supreme Court.

*For affirmance*— The Chancellor, Chief Justice, Trenchard, Parker, Bergen, Black, Heppenheimer, Williams, Gardner, JJ. 9.

*For reversal*— None.
No. 50535.

#### Protests 78321-K, etc., of T. D. Downing Co. et al. (Boston).

Opinion by

Ekwall, J.,

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United, States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83, decided February 5, 1945.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries. The protests were sustained to this extent. •
(Reap. Dec. 8873)

Entry Nos. 742348; 745705.

#### Unanue & Sons, Inc. *v.*United States

(Decided June 25, 1957)

*Barnes, Richardson and Colburn*for the plaintiff.

*George Cochran Doub,*Assistant- Attorney General, for the defendant.

Johnson, Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the parties hereto:

> That the merchandise covered by the appeals for reappraisement set forth in Schedule A, attached hereto and made a part hereof, consists of the following capers in brine exported from Spain:

> Capucines

> Capottes

> That on or about the dates of exportation of the merchandise hereinbefore described such or similar merchandise was freely offered for sale to all purchasers in the principal market of Spain for export to the United States at the following prices per 100 kg., net packed:

> Capucines — $30.00

> Capottes — $25.00

> That on or about the dates of exportation such or similar merchandise was not being freely offered for sale to all purchasers in the principal market of Spain for home consumption at any higher prices than those set out above.

> That the appeals for reappraisement are limited to the items hereinbefore described and are abandoned in all other respects.

*544On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the capucines and capottes capers here involved, and that such values were as follows:

> Capucines — $30.00 per 100 kg., net packed

> Capottes — $25.00 per 100 kg., net packed

The appeals having been abandoned insofar as they relate to all other merchandise, to that extent the appeals are hereby dismissed.

Judgment will be entered accordingly.
#### J. D. Rogers, *Plaintiff, v.*Melville C. Percey, *Defendant.*

Appeal dismissed unless plaintiff file undertaking within fifteen days, and pay twenty dollars costs.
EX-10.1(b)



 Exhibit 10.1(b) 
 June 1, 2014 
 Warrington Asset Management, LLC 

200 Crescent Court – Suite 900 
 Dallas,
Texas 75201 
 Attention: Mr. Scott C. Kimple 
  

	 	Re:	Management Agreement Renewal 

 Dear Mr.
Kimple: 
 We are writing with respect to your management agreement concerning the commodity pool to which reference is made below (the
“Management Agreement”). We are extending the term of the Management Agreement through June 30, 2015 and all other provisions of the Management Agreement will remain unchanged. 

 

	 	•	 	 Managed Futures Premier Warrington Fund L.P. 


 Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Mrs. Alice Lonero at the address above or fax to 212-296-6868. If you have any
questions I can be reached at 212-296-1304. 
 Very truly yours, 

 

			
	CERES MANAGED FUTURES LLC
		
	By:	 	/s/ Mrs. Alice Lonero
		 	Mrs. Alice Lonero
		 	Chief Financial Officer

  

			
	WARRINGTON ASSET MANAGEMENT
		
	By:	 	/s/ Scott C. Kimple
	Print Name: Scott C. Kimple

 AL/sr