alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00309-CR

Bobby Joe Luce Jr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT

NO. 04-206-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Bobby Joe Luce, Jr. has filed a motion to dismiss his appeal. The motion

is signed by appellant and complies with the requirements of rule 42.2. See Tex. R. App. P. 42.2(a).

We grant the motion and dismiss the appeal. Id.

___________________________________________

David Puryear, Justice

Before Chief Justice Jones, Justices Puryear and Henson

Dismissed on Appellant’s Motion

Filed: March 13, 2009

Do Not Publish
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2165 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2165

To extend the temporary suspension of duty on 2-Oxepanone polymer with 
      1,4-butanediol and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
            trimethylcyclohexane, 2-ethyl-1-hexanol-blocked.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

Mr. Specter (for himself and Mr. Casey) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To extend the temporary suspension of duty on 2-Oxepanone polymer with 
      1,4-butanediol and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
            trimethylcyclohexane, 2-ethyl-1-hexanol-blocked.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 2-OXEPANONE POLYMER WITH 1,4-BUTANEDIOL AND 5-ISOCYANATO-1-
              (ISOCYANATOMETHYL)-1,3,3-TRIMETHYLCYCLOHEXANE, 2-ETHYL-1-
              HEXANOL-BLOCKED.

    (a) In General.--Heading 9902.12.10 of the Harmonized Tariff 
Schedule of the United States (relating to 2-Oxepanone polymer with 
1,4-butanediol and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-
trimethylcyclohexane, 2-ethyl-1-hexanol-blocked) is amended by striking 
``12/31/2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 31.1

               CERTIFICATION PURSUANT TO RULE 13a-14(a)/15d-14(a)
                     OF THE SECURITIES EXCHANGE ACT OF 1934

I, Anthony J. Merante, certify that:

1. I have reviewed this Annual Report on Form 10-KSB of Brooklyn Cheesecake &
Desserts Company, 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 annual 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 periods presented in this report;

4. The small business issuer's other certifying officers 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 small business issuer 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 small business issuer, 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 small business issuer'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 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.

5. The small business issuer's other certifying officer's and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the 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 control 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
control over financial reporting.

Date: April 17, 2007

/s/ Anthony J. Merante
----------------------

Anthony J. Merante
President, Chief Executive Officer and Chief Financial Officer
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-41008

Conference Calendar

 

RANDY JOE WHITE,

Petitioner-Appellant,

versus

ERNEST V. CHANDLER,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:01-CV-325

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

February 20, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Randy Joe White, federal prisoner # 61041-180, appeals the

denial of his 28 U.S.C. § 2241 petition. He argues that his

sentence was improperly enhanced by his prior burglary conviction

under the Sentencing Guidelines because that conviction was not a

“crime of violence” within the meaning of the Armed Career

Criminals Act. White does not renew his challenge to his

sentence and indictment based on Apprendi v. New Jersey, 530 U.S.

466 (2000), and that claim is waived. See Yohey v. Collins, 985

F.2d 222, 224-25 (5th Cir. 1993).
No. 01-41008

-2-

White’s challenge to the calculation of his sentence under

the guidelines is a nonconstitutional one which could have been

raised on direct appeal and thus could not have been considered

in a § 2255 motion. See United States v. O’Keefe, 169 F.3d 281,

289 (5th Cir. 1999); United States v. Towe, 26 F.3d 614, 616 (5th

Cir. 1994). Because he could not raise it a § 2255 motion, a

fortiori, White is precluded from raising the claim in this

§ 2241 petition. The district court’s dismissal of the petition

is therefore AFFIRMED.
# Memorandumi

u.s.Deportment of Transportation OffiCeOf theSecretary ofTransportation Subject: Subcontracted Flying byAlaska Seaplane for Wings of Alaska

## o/C~~ From: Dennis J. DeVany, Chief EAS and Domestic Analysis, X-53

To: Gregory Frazier, S-3.6

Reference: Orders 2008-8-16 Date: January4, 2009

OAAMemo No.2009-70 Kevin Adams, X-53 Ext. 61047

Order 2008-8-16 selectedWings ofAlaska to provide subsidized EAS at Excursion Inlet through August 31,2010. The service was to consist ofthree nonstop round trips per week in the 16-weekpeak period and one nonstop round trip per week in the 36-week off-peak period. All ofthe service was to beprovided with 5-seat Cessna 2061207 aircraft, with weekly ceilings of$433.24 in the peak and $1,299.62 in the peak. Wings ofAlaskahas indicated that Excursion Inlet does not plow its runway in the winter, and so until the snow melts, which may be for several months, wheeled aircraft, the only aircraft currently flown byWings ofAlaska, cannot operate. Seaplane service could still be provided when the runway is closed. Wings ofAlaskahas discussed subcontracting its service at Excursion Inlet to Alaska Seaplane service for several months during the winter when it is unable to operate.
Wehave contacted the community, and it does not object. Wings will be required to indicate on its monthlybillings the days when the subcontract service was provided and the aircraft type and seats used on that service. Both Wings and Alaska Seaplane will be required to keep records consistent with our carrier-selection orders. Payments will be continue to be made to Wings ofAlaska

-- Wings ofAlaska and Alaska Seaplane are responsible for payments to each other.

cc: Rob McKinney, Wings ofAlaska Craig Loken, Alaska Seaplane, Becky Rosevear, Ocean Beauty Seafoods, Inc., Excursion Inlet Facility
### IN THE SUPREME COURT OF TENNESSEE
AT JACKSON February 5, 2015 Session Heard at Nashville

STATE OF TENNESSEE v. RICCO R. WILLIAMS

Appeal by Permission from the Court of Criminal Appeals

Circuit Cou rt for Lauderdale County
No. 8856 Joe H. Walker III , Judge

_____________________________

No. W 201 3

- 0 1897

- SC

- R11

- CD

– Filed July 14, 2015

_____________________________

G ARY R. W ADE

, J. , dissenting.

A majority of this Court ha s determined that when a defendant is charged with the offenses of kidnapping and robbery as to different victims during a single criminal episode, the jury is not entitled to an instruction, pursuant to State v. White

, 362 S.W.3d 559 (Tenn. 2012) , that in order to convict on the kidnapping charge it must first
determine whether the removal or confinement of the kidnapping victim is “ essentially
incidental ” to the contemporaneous robbery of another victim

. Because I cannot agree
with my colleagues that the White in struction is never applicable to these circumstances, for the reasons set forth in my separate opinion filed today in State v. Teats

, No. M2012

- 01232

- SC

- R11

- CD, I must respectfully dissent.

As in Teats , the proof in this case is subject to differe nt interpretations. On one hand, a rational juror might conclude that the Defendant and his two accomplices intended only to rob Mr. and Mrs. Currie, and that any removal or confinement of their three children was in furtherance of that goal, making it es sentially incidental to the robberies. On the other hand, the evidence could support a finding that the removal or confinement of the children went beyond that necess ary to accomplish the robberies

. Because the proof could be interpreted in different ways , I would reverse each of the Defendant’s remaining convictions for especially aggravated kidnapping and remand for a properly instructed jury to determine whether there was a removal or confinement of the three children that was not essentially incide ntal to the robberies of Mr. and Mrs.
Currie. See State v. Cecil , 409 S.W.3d 599, 612

- 13 (Tenn. 2013) (remanding for a new trial because the question of whether the removal or confinement of a victim is essentially incidental to an accompanying offense is one for the jury to decide as a matter of fact).

_________________________________ GARY R. WADE, JUSTICE
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#### STATE ex rel. Elbert HARRISON v. Hon. Judge Gayle K. HAMILTON.

No. 89-KH-2075.

Supreme Court of Louisiana.

Sept. 15, 1989.

In re Harrison, Elbert; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Caddo, 14th Judicial District Court, Div. “G”, No. 112692.

The relator represents that the district court has failed to act timely on an application he has filed for post-conviction relief. If relator’s representation is correct, the district court is ordered to consider and act on the application.
#### Keith MAYNARD, Appellant, v. STATE of Florida, Appellee.

No. 86-2698.

District Court of Appeal of Florida, Second District.

June 1, 1988.

James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

At sentencing, the trial court withheld adjudication of guilty and placed appellant under two years of probation. However, appellant was adjudicated guilty in the written judgment. A court’s written order must conform to oral pronouncement. We *1023remand for correction of the written judgment. Otherwise, we affirm.

SCHEB, A.C.J., and SCHOONOVER and HALL, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      19,226,453
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                           120,000,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                271,120,964
<INVESTMENTS-CARRYING>                     460,009,923
<INVESTMENTS-MARKET>                       460,182,579
<LOANS>                                     66,336,889
<ALLOWANCE>                                    100,000
<TOTAL-ASSETS>                             964,461,647
<DEPOSITS>                                 596,516,909
<SHORT-TERM>                               296,421,201
<LIABILITIES-OTHER>                          9,664,227
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        64,443
<OTHER-SE>                                  61,794,867
<TOTAL-LIABILITIES-AND-EQUITY>             964,461,647
<INTEREST-LOAN>                              2,322,158
<INTEREST-INVEST>                           34,355,269
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            36,677,427
<INTEREST-DEPOSIT>                           9,271,675
<INTEREST-EXPENSE>                          18,668,034
<INTEREST-INCOME-NET>                       18,009,393
<LOAN-LOSSES>                                   65,000
<SECURITIES-GAINS>                             (2,488)
<EXPENSE-OTHER>                             61,935,577
<INCOME-PRETAX>                             12,640,533
<INCOME-PRE-EXTRAORDINARY>                  12,640,533
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,773,962
<EPS-PRIMARY>                                     1.20
<EPS-DILUTED>                                     1.20
<YIELD-ACTUAL>                                    3.13
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                35,000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              100,000
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        100,000
        

</TABLE>
II 

111TH CONGRESS 

1ST SESSION S. 2250 

To extend the temporary suspension of duty on Bispyribac-sodium. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To extend the temporary suspension of duty on Bispyribacsodium. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. BISPYRIBAC-SODIUM. 

4 (a) IN GENERAL.—Heading 9902.05.20 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Bispyribac-sodium) is amended by striking ‘‘12/31/2009’’ 

7 and inserting ‘‘12/31/2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies with respect to goods entered, or 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2250 IS

1 withdrawn from warehouse for consumption, on or after 

2 the 15th day after the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 32.1








CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002





In connection with the Amendment No. 2 to the Quarterly Report of Global Gate Property Corp. (the Company") on Form 10-Q/A for the period ended herein as filed with the Securities and Exchange Commission (the "Report"),  I, Gary S. Ohlbaum, President, Chief Executive and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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; and





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





Dated: March 28, 2011
 
 
 By:
/s/ Gary S. OhlbaumGary S. Ohlbaum

President,Chief Executive Officer

and Chief Financial Officer
Exhibit 32.1




CERTIFICATION
PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 (18
U.S.C. SECTION 1350)
  In
connection with the Annual Report of Pharmacyclics, Inc., a Delaware corporation
(the “Company”), on Form 10-K for the year ended June 30, 2009 as filed with the
Securities and Exchange Commission (the “Report”), I, Robert W. Duggan, Chairman
of the Board and Chief Executive Officer of the Company, certify, pursuant to
§906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), 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; and
  (2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.
  
 /s/
      Robert W. DugganRobert
      W. DugganChairman
      of the Board and Chief Executive OfficerOctober
      27, 2009
 CERTIFICATION
PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 (18
U.S.C. SECTION 1350)
  In
connection with the Annual Report of Pharmacyclics, Inc, a Delaware corporation
(the “Company”), on Form 10-K for the year ended June 30, 2009 as filed with the
Securities and Exchange Commission (the “Report”), I, Rainer M. Erdtmann, Vice
President, Finance and Administration and Secretary of the Company, certify,
pursuant to §906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), 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; and
  (2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.
 
 /s/
      Rainer M. ErdtmannRainer
      M. ErdtmannVice
      President, Finance and Administrationand
      Secretary(Principal
      Financial and Accounting Officer)October
      27, 2009
II 

111TH CONGRESS 

1ST SESSION S. 2090 

To suspend temporarily the duty on certain perfluorocarbon morpholines. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain perfluorocarbon 

morpholines. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN PERFLUOROCARBON MORPHOLINES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 C1-C3 Perfluoroalkyl 

perfluoromorpholine (CAS 

No. 86058–42–1) (provided 

for in subheading 

2934.99.90) ........................... Free No change No change On or before 

12/31/2011 ’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2090 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS