alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Nos. 1D2022-2271

1D2022-2272

_____________________________

STATE OF FLORIDA,

Appellant,

v.

DANIEL LEANDER MCCALL,

Appellee.

_____________________________

On appeal from the Circuit Court for Dixie County.

Jennifer Jones Johnson, Judge.

November 29, 2023

PER CURIAM.

Appellant, the State of Florida, challenges the trial court’s 

imposition of a downward departure sentence in these 

consolidated appeals. As the State argues, and as the trial court 

acknowledged below, any duress Appellee, Daniel Leander McCall, 

was facing at the time he committed the offenses at issue is not the 

duress intended by the Legislature in its list of mitigating 

circumstances justifying a downward departure sentence in 

section 921.0026(2), Florida Statutes. See State v. Issel, 919 So. 2d 

719, 720 (Fla. 2d DCA 2006) (explaining that duress usually 

involves some sort of coercion or threat). There was no evidence 

presented in the underlying cases that Appellee acted under 

coercion or threat. 
2

As for the trial court’s finding that Appellee was emotionally 

distressed when he committed the offenses, a trial court may 

impose a downward departure sentence for reasons not delineated 

in section 921.0026(2) if the reason given is supported by 

competent, substantial evidence and is not otherwise prohibited. 

See State v. Thompkins, 113 So. 3d 95, 98 (Fla. 5th DCA 2013). 

The State contends that although emotional distress may be an 

appropriate mitigating factor in some cases, the trial court’s 

finding of emotional distress in this case was not supported by 

competent, substantial evidence. We agree. The records before us 

in these appeals are devoid of any of the evidence relied upon by 

the trial court in finding that Appellee was emotionally distressed.

Accordingly, we reverse the trial court’s imposition of a 

downward departure sentence and remand for resentencing. See

State v. Montanez, 133 So. 3d 1151, 1154 (Fla. 4th DCA 2014) 

(holding that the trial court’s reason for the downward departure 

sentences – that the appellee was “experiencing great difficulty in 

his personal life due to his divorce which made him more 

susceptible to substance abuse” – was not supported by competent, 

substantial evidence). 

REVERSED and REMANDED for resentencing. 

LEWIS, WINOKUR, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Ashley Moody, Attorney General, and Heather Flanagan Ross, 

Assistant Attorney General, Tallahassee, for Appellant.

Jessica J. Yeary, Public Defender, and Lori A. Willner, Assistant 

Public Defender, Tallahassee, for Appellee.
Exhibit 31.2

Certification of Chief Financial Officer

of Periodic Report
Pursuant to Rule 13a-14(a) and Rule 15d-14(a)

I, Richard T. Allorto, Jr., certify that:

1) I have reviewed this quarterly report on Form 10-Q of Sierra Income Corporation (the Company);

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 Company as of, and for, the periods presented in this report;

4) The Companys other certifying officer(s)
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 Company 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 Company,
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 Company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
Companys internal control over financial reporting that occurred during the Companys most recent fiscal quarter (the Companys fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably
likely to materially affect, the Companys internal control over financial reporting; and

5) The Companys other
certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Company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 Company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 Companys internal control over financial reporting.

Date: November 13, 2012



|                             
|-----------------------------
|/s/ Richard T. Allorto, Jr.  
|Richard T. Allorto, Jr.      
|Chief Financial Officer      
|(Principal Financial Officer)
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 Annual Report of FEC Resources Inc. (the "Company") on Form 20-F for the period ended December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Riaz Sumar, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.











Date: May 15, 2012





By:/s/ Riaz Sumar


Riaz Sumar


Chief Financial Officer (principal financial officer and principal accounting officer), principal accounting officer and principal financial officer.
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```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 16 Agreed to Senate (ATS)]

113th CONGRESS
  1st Session
S. CON. RES. 16

Authorizing the use of Emancipation Hall in the Capitol Visitor Center 
          for the unveiling of a statue of Frederick Douglass.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2013

   Mr. Schumer (for himself and Mr. Durbin) submitted the following 
       concurrent resolution; which was considered and agreed to

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Authorizing the use of Emancipation Hall in the Capitol Visitor Center 
          for the unveiling of a statue of Frederick Douglass.

    Resolved by the Senate (the House of Representatives concurring), 
That

SECTION 1. USE OF EMANCIPATION HALL FOR THE UNVEILING OF FREDERICK 
              DOUGLASS STATUE.

    (a) Authorization.--Emancipation Hall in the Capitol Visitor Center 
is authorized to be used for an event on June 19, 2013, to unveil a 
statue of Frederick Douglass.
    (b) Preparations.--Physical preparations for the conduct of the 
event described in subsection (a) shall be carried out in accordance 
with such conditions as may be prescribed by the Architect of the 
Capitol.
                                 <all>
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7731

UNITED STATES OF AMERICA, Plaintiff – Appellee,

v. DARWIN LEWIS TURNER, a/k/a Abbey, Defendant – Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:06-cr-00001-RLV-DCK-2)

Submitted: November 19, 2009 Decided: December 4, 2009

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darwin Lewis Turner, Appellant Pro Se. Gretchen C.F. Shappert, UNITED STATES DEPARTMENT OF JUSTICE, Washington, DC, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Darwin Lewis Turner filed a notice of appeal from a pleading filed by his counsel informing the district court that Turner was not eligible for a sentence reduction pursuant to Amendment 706 to the Sentencing Guidelines and 18 U.S.C. § 3582(c)(2) (2006). This court may exercise jurisdiction only over final orders of the district court, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders of the district court, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). Because counsel’s pleading is not an appealable order, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
"This court, like the district court, reviews an appeals officer's 

decision for clear error or abuse of discretion." Dickinson v. American 

Medical Response, 124 Nev. 460, 465, 186 P.3d 878, 882 (2008); see also 

NRS 233B.135(3) (setting forth the standard for judicial review of an 

agency's decision). "We may not substitute our judgment for that of the 

appeals officer as to credibility determinations or the weight of the 

evidence on a question of fact." Dickinson, 124 Nev. at 466, 186 P.3d at 

882. Moreover, although we review issues of law de novo, "the appeals 

officer's fact-based legal conclusions are entitled to deference and will not 

be disturbed if they are supported by substantial evidence. Substantial 

evidence is evidence that a reasonable person could accept as adequately 

supporting a conclusion." Id. at 465-66, 186 P.3d at 882 (footnotes 

omitted). 

Appellant contends that the testimony and evidence that the 

appeals officer relied on was perjured and falsified, thereby leaving no 

evidence in the record to support the denial of his claim. We are unable to 

substitute our judgment for that of the appeals officer, who deemed this 

testimony and evidence to be credible and persuasive. Id. at 466, 186 P.3d 

at 882. Nonetheless, we have thoroughly reviewed appellant's proper 

person appeal statement and the appellate record, and we are confident 

that the differing diagnoses presented to the appeals officer were based on 

each diagnosing doctor's good-faith interpretation of the medical evidence 

available to him or her. 

Because substantial evidence supports the appeals officer's 

conclusion that appellant did not suffer an occupational disease arising 

out of and in the course of appellant's employment, NRS 617.358(2), the 

officer did not abuse her discretion in denying appellant's claim for 

2 
Hardesty 

Parraguirre 

, J. 

compensation. Dickinson, 124 Nev. at 465-66, 186 P.3d at 882; NRS 

233B.135(3). Accordingly, we affirm the district court's denial of 

appellant's petition for judicial review.' 

It is so ORDERED. 

cc: Tenth Judicial District Court Dept. 1 

Barnett Haden, Jr. 

Alverson Taylor Mortensen & Sanders 

Lewis Brisbois Bisgaard & Smith, LLP/Las Vegas 

Churchill County Clerk 

"Appellant also challenges the district court's denial of his motion for 

an extension of time to file his memorandum of points and authorities. 

Because our review of the appeals officer's decision is the same as that 

undertaken by a district court, see Dickinson, 124 Nev. at 465, 186 P.3d at 

882, and because we have thoroughly reviewed appellant's proper person 

appeal statement and the record, we conclude that this allegation of error 

does not warrant reversal. NRCP 61. 

3 

1
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 Maritime Commission
 Notice is hereby given that the following Ocean Transportation Intermediary license has been reissued by the Federal Maritime Commission pursuant to section 19 of the Shipping Act of 1984 (46 U.S.C. Chapter 409) and the regulations of the Commission pertaining to the licensing of Ocean Transportation Intermediaries, 46 CFR part 515. License No.
Name/Address
Date Reissued001890F
JIB International, Incorporated dba JIB International dba JIB Worldwide Freight Forwarding, 1822 W. Kettleman Lane, Suite 2, Lodi, CA 95242
December 31, 2011.
 Tanga FitzGibbon, Deputy Director, Bureau of Certification and Licensing.


[FR Doc. 2012-3772 Filed 2-16-12; 8:45 am] BILLING CODE 6730-01-P
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----

            COMMISSION REGULATION (EC) No 2084/2005

of 19 December 2005         

on import licences in respect of beef and veal products originating in Botswana, Kenya, Madagascar, Swaziland, Zimbabwe and Namibia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (1),

Having regard to Council Regulation (EC) No 2286/2002 of 10 December 2002 on the arrangements applicable to agricultural products and goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) and repealing Regulation (EC) No 1706/98 (2),

Having regard to Commission Regulation (EC) No 2247/2003 of 19 December 2003 laying down detailed rules for the application in the beef and veal sector of Council Regulation (EC) No 2286/2002 on the arrangements applicable to agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States (ACP States) (3), and in particular Article 5 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The following Member States shall issue on 21 December 2005 import licences for beef and veal products, expressed as boned meat, originating in certain African, Caribbean and Pacific States, in respect of the following quantities and countries of origin:

United Kingdom:

Article 2

Licence applications may be submitted, pursuant to Article 4(2) of Regulation (EC) No 2247/2003, during the first 10 days of Janauary 2006 for the following quantities of boned beef and veal:

Article 3

This Regulation shall enter into force on 21 December 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 2005.

For the Commission

J. M. SILVA RODRÍGUEZ            

Director-General for Agriculture and Rural Development

----

(1)OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Commission Regulation (EC) No 1899/2004 (OJ L 328, 30.10.2004, p. 67).

(2)OJ L 348, 21.12.2002, p. 5.

(3)OJ L 333, 20.12.2003, p. 37. Regulation as last amended by Regulation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(4)OJ L 302, 31.12.1972, p. 28. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

----