alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Electronically Filed Supreme Court SCWC-12-0000867 26-JUN-2014 01:47 PM SCWC-12-0000867 IN THE SUPREME COURT OF THE STATE OF HAWAI ' I
KONDAUR CAPITAL CORPORATION, Petitioner/Plaintiff-Appellee,

vs. LEIGH MATSUYOSHI, Respondent/Defendant-Appellant.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000867; CIV. NO. 12-1-0185) ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.) Petitioner/Plaintiff-Appellee Kondaur Capital Corporation’s Application for Writ of Certiorari, filed on May 15, 2014, is hereby accepted. IT IS FURTHER ORDERED, that no oral argument will be heard in this case. Any party may, within ten days and pursuant to Rule 34(c) of the Hawai ' i Rules of Appellate Procedure, move for retention of oral argument. DATED: Honolulu, Hawai ' i, June 26, 2014. Michael C. Bird and Thomas J. Berger for petitioner /s/ Mark E. Recktenwald /s/ Paula A. Nakayama
Joe P. Moss for respondent /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6805
THOMAS EVERETT CRAWFORD, Petitioner - Appellant, versus WILLIAM L. SMITH, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CA-96-147-JFM) Submitted: October 3, 1996 Decided: October 15, 1996 Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Everett Crawford, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Tarra R. DeShields-Minnis, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition under 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Crawford v. Smith , No. CA-96-147- JFM (D. Md. Apr. 30, 1996). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
II 

111TH CONGRESS 

1ST SESSION S. 1672 

To reauthorize the National Oilheat Research Alliance Act of 2000. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2009 

Mr. REED (for himself, Ms. SNOWE, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To reauthorize the National Oilheat Research Alliance Act 

of 2000. 

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 ‘‘National Oilheat Re5 search Alliance Reauthorization Act of 2009’’. 

6 SEC. 2. REAUTHORIZATION. 

7 Section 713 of the National Oilheat Research Alli8 ance Act of 2000 (42 U.S.C. 6201 note; Public Law 106– 

9 469) is amended by striking ‘‘the date that is 9 years after 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•S 1672 IS

1 the date on which the Alliance is established’’ and insert2 ing ‘‘February 6, 2011’’. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS
Exhibit 23.1     Consent of Independent Registered Public Accounting Firm    We consent to the incorporation by reference in the Registration Statement (No. 333-109878) on Form S-8 of PSB Holdings, Inc. of our report dated February 18, 2009, relating to the consolidated balance sheets of PSB Holdings, Inc. and Subsidiary as of December 31, 2008 and 2007, and the related consolidated statements of income, stockholders equity, and cash flows for the three years in the period ended December 31, 2008, which appears in the December 31, 2008, Annual Report on Form 10-K of PSB Holdings, Inc.   Wipfli LLP  WIPFLI LLP  Wausau, Wisconsin March 16, 2009
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, ADOPTED PURSUANT TO SECTION 906

OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the iShares® S&P GSCI Commodity-Indexed Trust (the Trust) and iShares® S&P GSCI Commodity-Indexed Investing Pool
LLC (the Investing Pool) on Form 10-Q for the quarter ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lee T. Kranefuss, Chief Executive Officer of Barclays
Global Investors International, Inc., the Sponsor of the Trust and Manager of the Investing Pool, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 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 Trust and Investing
Pool.

Date: May 12, 2008



|                             
|-----------------------------
|/s/ Lee T. Kranefuss         
|Lee T. Kranefuss *           
|Chief Executive Officer      
|(Principal executive officer)



|* | The Registrant is a trust and Co-Registrant is a limited liability company and Mr. Kranefuss is signing in his capacity as an officer of Barclays Global Investors
International, Inc., the Sponsor of the Registrant and Manager of the Co-Registrant.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 32.2

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 KBS Real Estate Investment Trust, Inc. (the Registrant) for the quarter ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Stacie K. Yamane, the Chief Financial Officer and Controller of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of her knowledge and belief:



|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 the Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 14, 2007



/s/ Stacie K. YamaneStacie K. YamaneChief Financial Officer and Controller
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 11-30022

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HECTOR BARRAGAN-ESPINO,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 5:08-CR-121-1

Before SMITH, GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:*

Hector Barragan-Espino (Barragan) appeals from the three-year term of

supervised release imposed by the district court in addition to his 24-month

prison sentence following his conviction for illegal reentry. He does not contest

the concurrent 300-month term of imprisonment and eight-year term of

supervised release imposed as a result of his conviction of possession with intent

to distribute a substance containing methamphetamine.

United States Court of Appeals

Fifth Circuit

F I L E D

November 3, 2011

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 11-30022 Document: 00511654263 Page: 1 Date Filed: 11/03/2011
No. 11-30022

Although Barragan contends that we should review under a de novo

standard, his failure to object in the district court warrants plain error review.

United States v. Williams, 602 F.3d 313, 318-19 (5th Cir.), cert. denied, 131 S. Ct.

597 (2010). To show plain error, the appellant must show a forfeited error that

is clear or obvious and that affects his substantial rights. Puckett v. United

States, 556 U.S. 129, 129 S. Ct. 1423, 1429 (2009). If the appellant makes such

a showing, this court may correct the error if it seriously affects the fairness,

integrity, or public reputation of judicial proceedings. Id.

As the government concedes, the district court committed error that is

clear or obvious because the maximum term of supervised release applicable to

Barragan’s 8 U.S.C. § 1326(a) conviction is one year. See 18 U.S.C. §§ 3581(b)(5)

and 3583(b)(3). Although the government argues that Barragan fails to show

that his substantial rights have been violated or that the error affected the

fairness of the proceedings, we have taken “a generally permissive approach to

both the prejudice and fairness prongs of plain error review.” Williams, 602 F.3d

at 319 (internal quotation marks and citation omitted). This court on several

occasions has held that a sentence which exceeds the statutory maximum

constitutes plain error, and we reach the same conclusion here. See Williams,

602 F.3d at 319-20; United States v. Rojas-Luna, 522 F.3d 502, 506-07 (5th Cir.

2008); United States v. Moreci, 283 F.3d 293, 300 (5th Cir. 2002). 

Because Barragan faces a greater concurrent term of supervised release

on his drug conviction such that a modification does not affect the overall terms

of his supervised release, we MODIFY Barragan’s sentence on his § 1326(a)

conviction to reflect a one-year term of supervised release and AFFIRM his

sentence as modified.

2

Case: 11-30022 Document: 00511654263 Page: 2 Date Filed: 11/03/2011
#### The People of the State of New York, Respondent, v Lisa Braden, Appellant.

Appeal from a judgment of the County Court of Tioga County (Siedlecki, J.), rendered October 12, 1990, upon a verdict convicting defendant of the crime of criminally negligent homicide.

After a jury found her guilty of criminally negligent homicide, defendant was sentenced to a prison term of *IV3*to 4 years. Defendant’s only contention on appeal is that County Court abused its discretion in imposing the harshest sentence possible because, among other things, the court did not adequately address her mental and emotional needs. However, a review of the sentencing minutes reveals that County Court took into account the nature and circumstances of the crime, and carefully considered the history and character of defendant. At no time during the proceedings did defendant accept blame for what occurred, instead attributing the tragedy to the failure of the Department of Social Services and the medical profession. In view of all the circumstances, it cannot be concluded that County Court failed to " 'perform the delicate balancing necessary to accommodate the public and *1079private interests’ in determining the appropriate sentence” *(People v Andrews,*115 AD2d 807, quoting *People v Farrar,*52 NY2d 302, 306; *see also, People v Hochberg,*62 AD2d 239, 251).

Judgment affirmed. Casey, J. P., Weiss, Mikoll, Levine and Crew III, JJ., concur.
Exhibit 32.2






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 Waterstone Financial, Inc. (the “Company”) on Form 10-Q for the period ended
September 30, 2008 as filed with the Securities and Exchange Commission on or
about the date hereof (the “Report”), I, Richard C. Larson, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §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;
and




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












/s/ Richard C.
Larson


Richard
C. Larson


Chief
Financial Officer


November
7, 2008




A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to Waterstone Financial, Inc. and will be
retained by Waterstone Financial, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
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<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          55,236
<SECURITIES>                                         0
<RECEIVABLES>                                1,053,487
<ALLOWANCES>                                  (18,508)
<INVENTORY>                                    182,237
<CURRENT-ASSETS>                             1,739,560
<PP&E>                                       3,903,213
<DEPRECIATION>                               (850,854)
<TOTAL-ASSETS>                               6,704,261
<CURRENT-LIABILITIES>                        2,140,749
<BONDS>                                        780,298
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                   2,798,620
<TOTAL-LIABILITY-AND-EQUITY>                 6,704,261
<SALES>                                              0
<TOTAL-REVENUES>                             2,680,945
<CGS>                                                0
<TOTAL-COSTS>                                2,378,865
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               (8,799)
<INTEREST-EXPENSE>                              73,095
<INCOME-PRETAX>                                278,683
<INCOME-TAX>                                    80,882
<INCOME-CONTINUING>                            197,801
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (3,583)
<CHANGES>                                            0
<NET-INCOME>                                   194,218
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0



</TABLE>
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### F LORIDA


### S ECOND 

### D ISTRICT

CLEARWATER BUSINESS LAW, LLC

,

Petitioner

,

v.

SUNCOAST PRIMATE SANCTUARY FOUNDATION, INC.; CHRISTY HOLLEY, NANCY NAGEL, KEN PELTIER , JON COBB, CHARLES

O'DONNELL, and SANDRA DILLARD

,

Respondent s

.

No. 2D 23

- 1986

July 17, 2024

Petition for Writ of Certiorari to the Circuit Court for Pinellas County;

Micha el F. Andrews , Judge.

Sean M. Wagner and Andrew J. Mongelluzzi of Clearwater Business Law,

LLC

, Clearwater, for Petitioner

.

Lee L. Haas of Haas & Castillo, PLLC, Clearwater, for Respondents Suncoast Primate Sanctuary Foundation, Inc., Christy Holley, Nancy Nagel, and Ken Peltier

.

No appearance for remaining Respondents.

P ER C URIAM

.

Denied

.2

NORTHCUTT, KHOUZAM, and ROTHSTEIN

- YOUAKIM , JJ., Concur.

__________________________

Opinion subject to revision prior to official publication.
**EXHIBIT 31(ii)**

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Kent Carasquero, certify that: 

1.     I have reviewed this report on Form 10-QSB (“Report”) of Mistral Ventures, 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 small business issuer as of, and for, the period presented in this Report; 

4.     I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: 

a)     Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the small business issuer is made known to me by others within those entities, particularly during the period in which this Report is being prepared; 

b)     Evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this Report my 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 small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer’s internal control over financial reporting; and 

5.     I have disclosed, based on my most recent evaluation, to the small business issuer’s auditors and the audit committee of small business issuer’s board of directors (or persons performing the equivalent functions): 

a)     All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the small business issuer’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 small business issuer’s internal controls over financial reporting. 

Date: May 14, 2007 

/s/ Kent Carasquero 

Kent Carasquero 

Chief Financial Officer 

**32**

----