alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Noe ZAMARRON-LOPEZ, aka Heriberto Lopez-Flores, Defendant—Appellant.

No. 01-10463.

D.C. No. CR-00-01338-JMR.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 12, 2002 *.

Decided Aug. 16, 2002.

Before SCHROEDER, Chief Judge, TASHIMA and RAWLINSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Noe Zamarron-Lopez appeals the sentence imposed following his guilty plea to unlawful reentry after deportation in violation of 8 U.S.C. § 1326(a).

Zamarron-Lopez’s attorney has filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw as counsel of record. Zamarron-Lopez did not file a pro se supplemental brief. Because our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), reveals no arguable issues, we grant counsel’s motion to withdraw, and affirm the sentence.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
#### PINETREE TOWERS, INC., a Florida corporation, Appellant, v. Harry FRANKEL, Appellee.

No. 70-289.

District Court of Appeal of Florida, Third District.

Dec. 1, 1970.

George Schwartz, Miami Beach, for appellant.

Kovner, Mannheimer, Greenfield & Cutler and Steven J. Rose, Miami, for ap-pellee.

Before PEARSON, C. J., and CHARLES CARROLL, and BARKDULL, JJ.

PER CURIAM.

Affirmed upon authority of the rule stated in Dennehy v. Herzog Construction, Inc., Fla.App.1969, 229 So.2d 885.
[Federal Register Volume 62, Number 30 (Thursday, February 13, 1997)]
[Notices]
[Page 6806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3606]


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

DEPARTMENT OF LABOR
[TA-W-32,962 and NAFTA-01337]


Rayonier, Incorporated, Port Angeles Mill, Port Angeles, WA; 
Notice of Affirmative Determination Regarding Application for 
Reconsideration

    By letter of January 20, 1997, a company official requested 
administrative reconsideration of the Department of Labor's Notices of 
Negative Determination Regarding Eligibility to Apply for Worker 
Adjustment Assistant (TA-W-32,962) and NAFTA-Transitional Adjustment 
Assistance (NAFTA-01337) for workers of the subject firm. The denial 
notice for TA-W-32,608 was signed on December 27, 1996, and published 
in the Federal Register on February 3, 1997 (52 FR 5049). The denial 
notice for NAFTA-01337 was signed on December 18, 1996, and published 
in the Federal Register on December 31, 1996 (61 FR 69110).
    The petitioner presents evidence that the Department's 
investigation was incomplete.

Conclusion

    After careful review of the application, I conclude that the claim 
is of sufficient weight to justify reconsideration of the Department of 
Labor's prior decision. The application is, therefore, granted.

    Signed at Washington, D.C. this 4th day of February 1997.
Russell T. Kile,
Program Manager, Policy and Reemployment Services, Office of Trade 
Adjustment Assistance.
[FR Doc. 97-3606 Filed 2-12-97; 8:45 am]
BILLING CODE 4510-30-M
[Federal Register Volume 62, Number 245 (Monday, December 22, 1997)]
[Notices]
[Page 66858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33278]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP98-87-000]


Shell Gas Pipeline Company; Notice of Proposed Changes in FERC 
Gas Tariff

December 16, 1997.
    Take notice that on December 11, 1997, Shell Gas Pipeline Company 
(SGPC) tendered for filing as part of its FERC Gas Tariff, Original 
Volume No. 1, First Revised Tariff Sheet Nos. 101 and 102 to become 
effective November 1, 1997.
    SGPC states that the purpose of this filing is to comply with Order 
636-C issued on February 27, 1997, whereby the matching term on the 
right-of-first-refusal to retain existing capacity was shortened from 
twenty years to five years.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions and protests must be filed in 
accordance with Section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make Protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-33278 Filed 12-19-97; 8:45 am]
BILLING CODE 6717-01-M
J

- S12011

- 17

NON
- PRECEDENTIAL DECISION
- SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENN SYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA

v.

THOMAS JOHN PETROUSK Y
Appellant No. 1001 MDA 2016

Appeal from the Judgment of Sentence May 17 , 2016 In the Court of Common Pleas of Schuylkill County Criminal Division at No(s): CP

- 54

- CR

- 0000689

- 2015

BEFORE: PANELLA, J., OTT, J., and MUSMANNO, J.

JUDGMENT ORDER BY PANELLA, J. FILED MARCH 09, 2017
In this appeal, Appellant, Thomas John Petrousky, argues that the trial
court erred in admitting five photographs in his murder trial that he
characterizes as unduly “gruesome” and “grisly.” See , e.g. , Appellant’s
Brief, at 5 and 7. The probative value of the photographs, he claims, was
outweighed by their possibility of inflaming the minds and passions of the
jurors.
There is a glaring problem with Petrousky’s appeal: the pho tographs
are not in the certified record. It is an appellant’s responsibility to ensure
that the certified record contains all the items necessary to review his

claims. See , e.g. , Commonwealth v. Tucker , 143 A.3d 955, 963 (Pa.
Super. 2016); Commonwealth v. B.D.G. , 959 A.2d 362, 372 (Pa. Super.
2008). “When a claim is dependent on materials not provided in the certifiedJ

- S12011

- 17

- 2

-

record, that claim is considered waived.” Commonwealth v. Petroll , 696
A.2d 817, 836 (Pa. Super. 1997) (citation omitted).
Without the photographs, we cannot conduct a review of Petrousky ’s
issue presented on appeal. See Commonwealth v. Powell , 956 A.2d 406,
423 (Pa. 2008) (finding claim that an autopsy photograph was unduly
prejudicial waived “[b]ecause the record does not co ntain the photograph
appellant refers to, we cannot assess his description and claim”); Petroll , 696 A.2d at 836 (finding claim of improperly admitted photographs waived
where they were not in the certified record). Therefore, we find Petrousky ’s

sole clai m waived.
Judgment of sentence affirmed.
Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 3/9/2017
```
[Federal Register Volume 62, Number 244 (Friday, December 19, 1997)]
[Notices]
[Page 66604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33112]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Associated Form, and OMB Number: TRICARE Retiree Dental 
Program enrollment Form; Contractor Designed Format (No DD Form 
Number); OMB Number 0720-0015.
    Type of request: Extension.
    Number of Respondents: 286,570.
    Responses per Respondent: 1.
    Annual Responses: 286,570.
    Average Burden per response: 15 minutes.
    Annual Burden Hours: 71,640.
    Needs and Uses: Conditional approval for the information collection 
was granted under OMB approval number 0720-0015 pending development of 
a contractor designed enrollment form which is being submitted for 
approval. The form will be submitted to OMB concurrently with 
publication of the final rule. The collection instrument serves as an 
application form for military members entitled to retired pay and 
eligible dependents to enroll in the TRICARE Retiree Dental Program. 
The enrollment application will allow the Department to collect the 
information necessary to properly identify the program's applicants and 
to determine their eligibility for enrollment in the TRICARE Retiree 
Dental Program. In completing and signing an enrollment form, 
applicants will acknowledge that they understand the benefits offered 
under the program and the rules they must follow to continue their 
participation in the program. Further, applicants will acknowledge that 
the premium will be withheld from retired pay when such pay is 
available. Initial enrollment will be for a period of 24 months 
followed by month to month enrollment as long as the enrollee chooses 
to continue enrollment.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Ms. Allison Eydt.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Eydt at the Office of Management and 
Budget, Desk Officer for DoD/Health Affairs, Room 10235, New Executive 
Office Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cushing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suit 1204, Arlington, VA 22202-4302.

    Dated: December 15, 1997.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-33112 Filed 12-18-97; 8:45 am]
BILLING CODE 5000-04-M
```
EXHIBIT 32.1

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 Daxor Corporation (the Company) on Form 10-Q for the
period ending March 31, 2009 as filed with the Securities and Exchange
Commission on the date thereof (the Report), I, Joseph Feldschuh, M.D.,
President and Chief Executive Officer of the Company, 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
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities and Exchange Act of 1934; and

(2)          The
information contained in the Report fairly resents, in all material respects,
the financial condition and results of operations of Daxor Corporation.

| |                                      
| | -------------------------------------
| | /s/ Joseph Feldschuh, M.D.           
| |                                      
| |                                      
| | Joseph Feldschuh, M.D.               
| | President and Chief Executive Officer
| | May 11, 2009                         

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          415417
<SECURITIES>                                    642772
<RECEIVABLES>                                   368828
<ALLOWANCES>                                         0
<INVENTORY>                                     459273
<CURRENT-ASSETS>                               2070474
<PP&E>                                         2154421
<DEPRECIATION>                                  939445
<TOTAL-ASSETS>                                 3838970
<CURRENT-LIABILITIES>                           969549
<BONDS>                                         130718
<COMMON>                                        188371
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     2348624
<TOTAL-LIABILITY-AND-EQUITY>                   3838970
<SALES>                                         115086
<TOTAL-REVENUES>                               7374540
<CGS>                                            81390
<TOTAL-COSTS>                                    81390
<OTHER-EXPENSES>                               7629779
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               14301
<INCOME-PRETAX>                               (277965)
<INCOME-TAX>                                     18982
<INCOME-CONTINUING>                           (296947)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (296947)
<EPS-PRIMARY>                                   (0.38)
<EPS-DILUTED>                                   (0.38)
        

</TABLE>
EXHIBIT 11





                              DBA SYSTEMS, INC.
                     COMPUTATION OF EARNINGS PER SHARE
               (in thousands, except per share information)
                                  (Unaudited)

<TABLE>
<CAPTION>

                                             	Three Months Ending Sept. 30,
	                                                  1996           	1995
<S>                                                 <C>             <C>
Net income 	                                 (A)  	$323           	$259	



Weighted average shares outstanding	              	4,483          	4,434	
Incremental shares - stock options		                  30	             75	
Subtotal                                    	(B)  	4,513	          4,509	
Incremental shares - stock options		                  14	                 	          
Total	                                       (C)  	4,527	          4,509	

Net earnings per common and common
	equivalent share	                         (A/B)   	$.07           	$.06	

Net earnings per common share, assuming
   full dilution 	                         (A/C)   	$.07           	$.06 	

</TABLE>

<PAGE>11
Exhibit
32.1




CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the annual report on Form 10-K of Global Investor Services, Inc.
(the “Company”) for the year ended March 31, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Nicholas S.
Maturo, the Chief Executive Officer, of the Company, do hereby certify pursuant
to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge and belief 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.





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 or its staff upon request.





The
foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. section   1350 and is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.




June
      29, 2009
                /s/
      Nicholas S. MaturoNicholas
      S. Maturo
                  Chief
      Executive Officer (principal executive
officer)
1998 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

6-19-1998

United States v. Muhammad

Precedential or Non-Precedential:

Docket 97-5230

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1998

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1998 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"United States v. Muhammad" (1998). 1998 Decisions. Paper 144.

http://digitalcommons.law.villanova.edu/thirdcircuit_1998/144
 UNITED STATES COURT OF APPEALS 

 FOR THE THIRD CIRCUIT 

 No. 97-5230 

 USA v. Muhammad 

 The following modifications have been made to the Court's 

opinion issued on June 4, 1998 in the above-entitled appeal and 

will appear as part of the final version of the opinion: 

 

 1. Page 1, change the first name of counsel for appellant 

to "Lori". 

 Thank you for attending to these matters. 

 /s/ P. Douglas Sisk, 

 Clerk 

June 19, 1998
#### Charles Fleming CHASTAIN, Appellant, v. Raymond COLE and Sophie Cole, his wife, Appellees.

No. 70-84.

District Court of Appeal of Florida, Second District.

March 23, 1970.

Appeal dismissed.
|   | /s/ Joseph Feldschuh, M.D.         |
|--------|------------------------------------|
|   | Joseph Feldshcuh                   |
|   | President                          |
|   | Chief Executive Officer            |
|   | Chairman of the Board of Directors |
|   | Principal Executive Officer        |
|   | May 11, 2010                       |

|                                                                                                                                                                                                                                                            |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                            |
|     A signed original of this written statement required by Section 906 has been provided to Daxor Corporation and will be retained by Daxor Corporation and furnished to the Securities and Exchange Commission or its staff upon request. |

----
[Federal Register Volume 62, Number 250 (Wednesday, December 31, 1997)]
[Notices]
[Page 68362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34035]


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

DEPARTMENT OF VETERANS AFFAIRS


Poverty Threshold

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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

SUMMARY: The Department of Veterans Affairs (VA) hereby gives notice of 
the weighted average poverty threshold established for 1996 for one 
person (unrelated individual) as established by the Bureau of the 
Census. T.he amount is $7,995.

DATES: For VA determinations, the 1996 poverty threshold is effective 
September 29, 1997, the date on which it was established by the Bureau 
of the Census.

FOR FURTHER INFORMATION CONTACT: Paul Trowbridge, Consultant, 
Compensation and Pension Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, (202) 273-7218.

SUPPLEMENTARY INFORMATION: We published a final rule amending 38 CFR 
4.16(a) in the Federal Register of August 3, 1990, 55 Fed. Reg. 31,579. 
The amendment provided that marginal employment generally shall be 
deemed to exist when a veteran's earned annual income does not exceed 
the amount established by the Bureau of the Census as the poverty 
threshold for one person. The provisions of 38 CFR 4.16(a) use the 
poverty threshold as a standard in defining marginal employment when 
considering total disability ratings for compensation based on 
unemployability of an individual. We stated we would publish subsequent 
poverty threshold figures notices in the Federal Register.
    The Bureau of the Census recently published the weighted average 
poverty thresholds for 1996. T.he threshold for one person (unrelated 
individuals) is $7,995.

    Dated: December 22, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
[FR Doc. 97-34035 Filed 12-30-97; 8:45 am]
BILLING CODE 8320-01-M
#### Fernando GUERRERO, Appellant, v. STATE of Florida, Appellee.

No. 73-862.

District Court of Appeal of Florida, Fourth District.

Jan. 25, 1974.

PER CURIAM.

Affirmed.
<PAGE>

               EXHIBIT 15 - INDEPENDENT ACCOUNTANTS' REVIEW REPORT



Board of Directors and Shareholders
Cubic Corporation


We have reviewed the accompanying condensed consolidated balance sheet of Cubic
Corporation as of June 30, 2000, and the related condensed consolidated
statement of income for the three- and nine-month periods ended June 30, 2000
and 1999 and the condensed consolidated statement of cash flows for the
nine-month periods ended June 30, 2000 and 1999. These financial statements are
the responsibility of the Company's management.

We conducted our reviews in accordance with standards established by the
American Institute of Certified Public Accountants. A review of interim
financial information consists principally of applying analytical procedures to
financial data, and making inquiries of persons responsible for financial and
accounting matters. It is substantially less in scope than an audit in
accordance with generally accepted auditing standards, which will be performed
for the full year with the objective of expressing an opinion regarding the
financial statements taken as a whole. Accordingly, we do not express such an
opinion.

Based on our reviews, we are not aware of any material modifications that should
be made to the accompanying condensed consolidated financial statements referred
to above for them to be in conformity with generally accepted accounting
principles.

We have previously audited, in accordance with generally accepted auditing
standards, the consolidated balance sheet of Cubic Corporation as of September
30, 1999 and the related consolidated statements of income, changes in
shareholders' equity and cash flows for the year then ended (not presented
herein) and in our report dated November 29, 1999, we expressed an unqualified
opinion on those consolidated financial statements. In our opinion, the
information set forth in the accompanying condensed consolidated balance sheet
at September 30, 1999 is fairly stated, in all material respects, in relation to
the consolidated balance sheet from which it has been derived.




                                                               ERNST & YOUNG LLP


San Diego, California
August 7, 2000