alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 99-1057WM

_____________

Patrick L. Bark, *

*

Appellant, * Appeal from the United States

* District Court for the Western

v. * District of Missouri.

*

United States of America, * [UNPUBLISHED]

*

Appellee. *

_____________

 Submitted: February 9, 1999

Filed: February 11, 1999 

_____________

Before FAGG, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

_____________

PER CURIAM.

Patrick L. Bark appeals the district court's denial of Bark's Federal Rule of

Criminal Procedure 35 motion for a reduction in sentence. Having carefully reviewed

the record, we conclude Bark is not entitled to relief. Finding no reversible error, we

affirm the district court. See 8th Cir. R. 47A(a). Bark's motion for appointment of

counsel is denied.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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#### The People of the State of New York, Respondent, v Winslow Shorey, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered May 3, 1989, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On the evening of January 21, 1988, the complainant was assaulted by a man who knocked her to the ground and proceeded to stab her, inflicting a 40-centimeter laceration to her head and random stab wounds in her chest, abdomen and buttocks. The complainant’s estranged husband, the defendant, was charged with the assault. Before trial, the defendant moved to preclude the People from offering any evidence that the defendant had beaten his wife while they were living together, and the court denied this application.

It is well settled that "where the evidence of prior, uncharged criminal conduct has a bearing upon a material aspect of the People’s case other than the accused’s general propensity toward criminality * * * the probative value of the evidence justifies its admission, notwithstanding the potential for incidental prejudice” *(People v Santarelli,*49 NY2d 241, 247; *see, People v Allweiss,*48 NY2d 40, 47; *People v Molineux,*168 NY 264). Evidence of other bad acts or crimes may be admitted to show, among other things, motive, intent, the absence of mistake or accident, a common scheme or plan or the identity of the guilty party *(see, People v Molineux, supra).*

"These *Molineux*exceptions are, however, subject to limitations. The evidence must not only be probative of the crime charged but its probative value must outweigh its potential for prejudice. Furthermore, the evidence must be directly related to the issue upon which it is offered or must be 'inextricably interwoven’ *(People v Ely,*68 NY2d 520, 529) with directly related material and it must not be unnecessary or cumulative *(see, People v Ely, supra,*at 529-530)” *(People v Linton,*166 AD2d 670, 671).

*635In this case the People presented evidence of prior bad acts and threats which the defendant made against his wife during the period of their marriage when they lived together. This evidence disclosed an unstable marriage during which the wife had attempted to leave her husband twice unsuccessfully, and had only done so permanently about four months prior to the assault. A review of the record indicates that all of the *Molineux*evidence adduced was highly probative of the defendant’s motive and was either directly related to or "inextricably interwoven” with the issue of his identity as the assailant *(see, People v Linton, supra; People v Ely, supra).*Moreover, the evidence was also admissible, as the trial court found, as background material in order for the jury to understand the nature of the defendant’s relationship with his wife *(see, People v Escobar,*131 AD2d 500, 502, citing *People v Montanez,*41 NY2d 53, 58).

The defendant’s remaining contentions are either unpreserved for appellate review *(see,*CPL 470.05 [2]; *People v Udzinski,*146 AD2d 245) or without merit. Lawrence, J. P., Eiber, Balletta and Ritter, JJ., concur.
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors
  Piercing Pagoda, Inc.:

            We  consent  to  the   incorporation   by  reference  in  the
      Registration Statements (Nos. 33-85192 and 33-98288) on Form S-8 of
      Piercing  Pagoda,  Inc. of our report dated May 8, 1998 relating to
      the  consolidated  balance  sheets of Piercing  Pagoda,  Inc. as of
      March 31, 1998 and 1997,  and related  consolidated  statements  of
      income,  changes in stockholders equity, and cash flows for each of
      the years in the  three-year  period  ended March 31,  1998,  which
      report is included in the March 31, 1998 Annual Report on Form 10-K
      of Piercing Pagoda, Inc.

                                                      KPMG Peat Marwick LLP

Allentown, Pennsylvania
June 22, 1998


                                     72
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.                  

###### Federal Reserve System

                    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage                     *de novo,*                     or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.                

Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 25, 2018.

*A. Federal Reserve Bank of Minneapolis*                     (Mark A. Rauzi, Vice President), 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:                

                    1.                     *FSB Holding Company, Inc., Trimont, Minnesota;*                     to engage de novo in extending credit and servicing loans,                           ( print page 45933)                        pursuant to section 225.28(b)(1) of Regulation Y.                

Board of Governors of the Federal Reserve System, September 6, 2018.

Yao-Chin Chao,

Assistant Secretary of the Board.

[FR Doc. 2018-19702 Filed 9-10-18; 8:45 am]

 BILLING CODE P
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 12

- 00176

- CR

ANTONIO DERRANCE FLETCHER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 354th District Court

Hunt County, Texas

Trial Court No. 27,610

Before Morriss, C.J., Carter and Moseley, JJ.2 

### O RDER

Antonio Derrance Fletcher appeals from his conviction of murder . The clerk’s record

was filed February 22 , 201 3 , and the reporter’s record was filed April 22, making the appellant’s

brief due May 23. Appellant’s counsel filed two motions to extend the briefing deadline, which

were granted, resulting in the current d ue date of July 15. Our communication to counsel

advising him that his second request for an extension had been granted also warned that no more

extensions would be granted. Undeterred, counsel has now filed a third motion to extend

seeking an additional twenty

- one days to file appellant’s brief.

We have reviewed counsel’s third motion to extend time as well as the appellate record,

and we find no compelling information to convince us that this brief requires more time to

prepare. The motion to extend t ime to file appellant’s brief is overruled.

We order counsel to file appellant’s brief with this Court on or before August 5 , 201 3

.

IT IS SO ORDERED.

BY THE COURT

Date: July 23, 2013
FORM OF GUARANTY





FORM OF GUARANTY

THIS GUARANTY is made as of January 31, 2016, by Liberated Syndication Inc. ("Libsyn"), in favor of FAB Universal Corp., a Colorado Corporation ("FAB").

WHEREAS, FAB is the Guarantor for a lease located at Suite 600, 10100 Santa Monica Boulevard, Los Angeles, California  90067 (the "Guaranty"); and

WHEREAS FAB’s liability under the Guaranty shall continue until all rents due under the Guaranty have been paid in full in cash and until all other obligations have been satisfied. 

NOW, THEREFORE, Libsyn hereby absolutely, presently, continually, unconditionally and irrevocably guarantees the prompt payment of all rentals and all other sums payable under the Guaranty.




This Guaranty shall constitute the entire agreement between FAB and Libsyn with respect to the subject matter hereof.   

IN WITNESS WHEREOF, FAB and Libsyn have executed this Guaranty as of the day and year first above written.




				
	 
	 
	 
	 

	FAB UNIVERSAL CORP. 

	 

	 
	 
	 

	By:

	 
	/s/ Christopher Spencer


	Name:

	 
	Christopher Spencer


	Title:

	 
	President and CEO


	 
	 

	Liberated Syndication Inc.

	 

	 
	 
	 

	By:

	 
	/s/ Christopher Spencer


	Name:

	 
	Christopher Spencer


	 
	 
	Title: President and CEO
<PAGE>

                                                                    EXHIBIT 11.1

               COMPUTATION OF EARNINGS PER SHARE OF COMMON STOCK
              FOR THE YEARS ENDED DECEMBER 31, 1996 AND 1995, AND
            FOR THE PERIOD FROM AUGUST 24, 1994 TO DECEMBER 31, 1994

<TABLE>
<CAPTION>
                                                    Year ended      Year ended      Aug. 24 to
(In thousands, except per share data)              Dec. 31, 1996   Dec. 31, 1995   Dec. 31, 1994
--------------------------------------------------------------------------------------------------
<S>                                                <C>             <C>           <C>
Weighted average number of
  common shares outstanding                              11,512          8,171       7,675
Dilutive effect of outstanding stock options
  (determined under the Treasury Stock Method)               --             --          --
--------------------------------------------------------------------------------------------------
Weighted average number of common and
  common equivalent shares outstanding                   11,512          8,171       7,675
--------------------------------------------------------------------------------------------------
Income before extraordinary loss                      $  12,745      $   8,426   $   2,791
Extraordinary loss, net of minority interest                 --             --      (1,993)
--------------------------------------------------------------------------------------------------
Net income                                            $  12,745      $   8,426   $     798
--------------------------------------------------------------------------------------------------
Per share data
  Income before extraordinary loss                    $    1.11      $    1.03   $    0.36
  Extraordinary loss, net of minority interest               --             --       (0.26)
--------------------------------------------------------------------------------------------------
  Net income                                          $    1.11      $    1.03   $    0.10
 --------------------------------------------------------------------------------------------------
</TABLE>
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Page 45643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19481]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; Developing Infrastructure for Interdisciplinary Aging 
Research.
    Date: September 24, 2018.
    Time: 10:00 a.m. to 1:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, Suite 2W-
200, 7201 Wisconsin Avenue, Bethesda, MD 20892.
    Contact Person: Anita H. Undale, Ph.D., MD, Scientific Review 
Branch, National Institute on Aging, Gateway Building, Suite 2W200, 
7201 Wisconsin Avenue, Bethesda, MD 20892, 240-747-7825, 
<a href="/cdn-cgi/l/email-protection#72131c1b06135c071c16131e17321c1b1a5c151d04"><span class="__cf_email__" data-cfemail="d9b8b7b0adb8f7acb7bdb8b5bc99b7b0b1f7beb6af">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: September 4, 2018.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2018-19481 Filed 9-7-18; 8:45 am]
 BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
This memorandum opinion was not selected for publication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5


### IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 

### MARCOS ABEYTA, SOLEILLE LOPEZ, 7 

### and AVENICIO ABEYTA, 8 

### Plaintiffs-Appellants, 9


### v. NO. 29,560 10 

### PATRICK PEREA, 11 

### Defendant-Appellee. 12


### APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 13 

### Ted Baca, District Judge 14 

### Marcos Abeyta 15 

### Albuquerque, NM 16 

### Pro Se Appellant 17 

### The Moejustice Law Office 18 

### Antonio Maestas 19 

### Albuquerque, NM 20 

### for Appellee 21 

### MEMORANDUM OPINION 22

### WECHSLER, Judge. 1 

### Summary dismissal was proposed for the reasons stated in the notice of 2 

### proposed disposition. No memorandum opposing summary dismissal has been filed, 3 

### and the time for doing so has expired. 4 

### Dismissed. 5 

### IT IS SO ORDERED. 6



### _______________________________ 7 

### JAMES J. WECHSLER, Judge 8


### WE CONCUR: 9



### _______________________________ 10 

### MICHAEL D. BUSTAMANTE, Judge 11



### _______________________________ 12 

### ROBERT E. ROBLES, Judge 13
III 

113TH CONGRESS 

1ST SESSION S. CON. RES. 17 

Providing for a conditional adjournment or recess of the Senate and an 

adjournment of the House of Representatives. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2013 

Mr. REID (for himself and Mr. MCCONNELL) submitted the following 

concurrent resolution; which was considered and agreed to 

CONCURRENT RESOLUTION 

Providing for a conditional adjournment or recess of the 

Senate and an adjournment of the House of Representatives. 

1 Resolved by the Senate (the House of Representatives 

2 concurring), That when the Senate recesses or adjourns 

3 on any day from Thursday, May 23, 2013, through Fri4 day, May 31, 2013, on a motion offered pursuant to this 

5 concurrent resolution by its Majority Leader or his des6 ignee, it stand recessed or adjourned until 12:00 noon on 

7 Monday, June 3, 2013, or such other time on that day 

8 as may be specified by its Majority Leader or his designee 

9 in the motion to recess or adjourn, or until the time of 

10 any reassembly pursuant to section 2 of this concurrent 


tkelley on DSK3SPTVN1PROD with BILLS
2 

SCON 17 ATS 

1 resolution, whichever occurs first; and that when the 

2 House adjourns on any legislative day from Thursday, 

3 May 23, 2013, through Friday, May 31, 2013, on a mo4 tion offered pursuant to this concurrent resolution by its 

5 Majority Leader or his designee, it stand adjourned until 

6 2:00 p.m. on Monday, June 3, 2013, or until the time 

7 of any reassembly pursuant to section 2 of this concurrent 

8 resolution, whichever occurs first. 

9 SEC. 2. The Majority Leader of the Senate and the 

10 Speaker of the House, or their respective designees, acting 

11 jointly after consultation with the Minority Leader of the 

12 Senate and the Minority Leader of the House, shall notify 

13 the Members of the Senate and House, respectively, to re14 assemble at such place and time as they may designate 

15 if, in their opinion, the public interest shall warrant it. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the Annual Reportof Shearson Mid-West Futures Fund (the"Partnership") on Form 10-K for the periodending December 31, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, Daniel R. McAuliffe, Jr., Chief Financial Officer and Director ofCitigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations ofthe Partnership.

/s/ Daniel R. McAuliffe,Jr.

|  |
|--|
|  |  |
|  |

Daniel R. McAuliffe,Jr. Citigroup Managed Futures LLC Chief Financial Officer andDirector

March 31,2005

|  |
|--|
|  |  |
|  |

Date

----
Exhibit 32.1





CERTIFICATION BY CHIEF EXECUTIVE OFFICER





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 Prospect Floating Rate and Alternative Income Fund, Inc. (the “Company”) for the period ended December 31, 2022, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, M. Grier Eliasek, 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 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, 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 as of the dates and for the periods expressed in the Report.





/s/ M. Grier Eliasek


M. Grier Eliasek


Chief Executive Officer


(Principal Executive Officer)


Date: February 13, 2023
From: Raymond, Gabrielle [mailto:graymond@rti.org]  

Sent: Friday, March 18, 2016 12:04 PM

To: Rosenthal, Steven <rosenthal.steven@epa.gov>; Mulrine, Phil <Mulrine.Phil@epa.gov>

Cc: Munoz, Breda <breda@rti.org>; Hakos, Matthew <mhakos@rti.org>; Parker, Barrett <Parker.Barrett@epa.gov>;

D'Agostino, Kathleen <dagostino.kathleen@epa.gov>; Liljegren, Jennifer <Liljegren.Jennifer@epa.gov>

Subject: RE: Taconite UPL section review and UPL questions

Hello,

Please see the attached file for a description of RTI’s work and expertise in UPLs.

Thanks,

Gabrielle

Gabrielle Raymond

RTI International

3040 Cornwallis Road

P.O. Box 12194

Research Triangle Park, NC 27709

Phone:  (919) 541‐7015