alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Emanuel Kryzhanovsky, Appellant.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered on or about December 9, 1987, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders, 52*AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that court and by submitting such application to the Clerk of that court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur—Carro, J. P., Milonas, Ellerin and Rubin, JJ.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 40085 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
SERVANDO CALLEJA

- SA B INO , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:17

- CR

- 797

- 1

Before HIGGINSON, COSTA, and HO, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Servando Calleja

- Sabino has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Calleja

- Sabino h a s not filed a response. We have re viewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED August 28, 2018

Lyle W. Cayce Clerk Case: 18-40085 Document: 00514618964 Page: 1 Date Filed: 08/28/2018No. 18

- 40085

2 issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, cou nsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 18-40085 Document: 00514618964 Page: 2 Date Filed: 08/28/2018
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 Annual Report on Form 10-K of WNC California Housing
Tax Credits, L.P. (the "Partnership") for the year ended March 31, 2004 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
and pursuant to 18 U.S.C.,  section 1350, as adopted  pursuant to section 906 of
the Sarbanes-Oxley  Act of 2002, I, Wilfred N. Cooper,  Jr., President and Chief
Executive Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify 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 fairly presents,  in all
               material  respects,   the  financial   condition  and  result  of
               operations of the Partnership.


/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
September 24, 2004
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   12-MOS                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-END>                               DEC-31-1999             DEC-31-1998
<CASH>                                         129,482                 658,742
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  112,002                 168,481
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               381,482                 975,524
<PP&E>                                          60,315                  89,582
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 441,798               1,814,539
<CURRENT-LIABILITIES>                          502,978                  74,633
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          5                       0
<COMMON>                                      (61,185)               1,739,906
<OTHER-SE>                                     441,798               1,814,539
<TOTAL-LIABILITY-AND-EQUITY>                         0                       0
<SALES>                                        532,677                 637,941
<TOTAL-REVENUES>                               544,140                 689,646
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                             2,536,855               2,772,858
<LOSS-PROVISION>                                31,739                 208,722
<INTEREST-EXPENSE>                               4,699                   5,833
<INCOME-PRETAX>                                      0                       0
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                        (2,029,153)             (2,297,767)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                   5,000
<CHANGES>                                      749,433                       0
<NET-INCOME>                               (2,788,586)             (2,292,767)
<EPS-BASIC>                                     (0.31)                  (0.28)
<EPS-DILUTED>                                   (0.29)                  (0.26)


</TABLE>
#### HOWELL v. FORT WORTH STOCKYARDS CO.

No. 9277.

Circuit Court of Appeals, Fifth Circuit.

Jan. 3, 1940.

Arthur Lee Moore, of Fort Worth, Tex., for appellant.

G. W. Parker, Jr., of Fort Worth, Tex., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

FOSTER, Circuit Judge.

Appellant brought this suit to recover damages for personal injuries. At the close of the evidence a verdict was directed for defendant. All the errors assigned run to that action of the court.

It appears from the record that Howell was an employee of Howell Brothers Commission Co., engaged in selling cattle at the Fort Worth Stockyards, operated by defendant. The yards are divided into pens for cattle. The pens are enclosed by fences 6 to *6Y2*feet high. Running over the tops of the pens are wooden walks composed of three boards 2 inches thick by 8 inches wide, put there for the purpose of haying the cattle and the convenience of the commission merchants. Also situated on top of the pens are booths used by the commission merchants for telephones and lockers. At a point about 40 feet away from the booth occupied by Howell Brothers Commission Co. an outer plank of one of the walks had rotted, leaving a hole measuring about 1 foot by 8 inches. In the course of his employment, .appellant walked along this walk in search of a cattle buyer who had made a bid on a bunch of calves his company had for sale. Returning to the booth he stepped into the hole and was thrown to the ground within a pen and was injured. His testimony shows that the hole had existed for six weeks or a month, he knew about it but had made no complaint. There is some slight variance in his testimony as to the conditions at the particular time of the accident. Part of his testimony tends to show that the hole was then covered by loose hay, carelessly left by employees of the stockyards company in feeding cattle and he did not see it in the sense of being actually conscious of it. Another part tends to show he knew the hole was there and endeavored to avoid it by walking on the middle plank but made a mistake and stepped into the *594hole. Defendant had pleaded contributory negligence, which is a complete defense in Texas. It is clear that had the case gone to the jury and a verdict been rendered in' favor of plaintiff the judge in the exercise of a sound, judicial discretion would have had to set it aside. It was not error to direct a verdict for defendant. Pleasants v. Fant, 22 Wall. 116, 22 L.Ed. 780; Small Co. v. Lamborn & Co., 267 U.S. 248, 45 S. Ct. 300, 69 L.Ed. 597. Cf. Reid v. Maryland Casualty Co., 5 Cir., 63 F.2d 10.

The record presents no-reversible error. The judgment is affirmed.
II 

111TH CONGRESS 

1ST SESSION S. 2400 

To extend the temporary reduction of duty on staple fibers of viscose rayon, 

not carded, combed, or otherwise processed for spinning. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

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

to the Committee on Finance 

A BILL 

To extend the temporary reduction of duty on staple fibers 

of viscose rayon, not carded, combed, or otherwise processed for spinning. 

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

3 SECTION 1. STAPLE FIBERS OF VISCOSE RAYON, NOT 

4 CARDED, COMBED, OR OTHERWISE PROC5 ESSED FOR SPINNING. 

6 (a) IN GENERAL.—Heading 9902.25.59 of the Har7 monized Tariff Schedule of the United States (relating to 

8 staple fibers of viscose rayon, not carded, combed, or oth9 erwise processed for spinning) is amended by striking ‘‘12/ 

10 31/2009’’ and inserting ‘‘12/31/2011’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2400 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
#### DADE TOMATO COMPANY, INC., and State Automobile Insurance Company, Appellants, v. HOMESTEAD TOMATO PACKING COMPANY, INC., Appellee.

No. 86-2247.

District Court of Appeal of Florida, Third District.

Feb. 10, 1987.

Lococo *&*Klein and Stuart Saltzman, North Miami, Gary E. Sherman, Miami, for appellants.

Ruiz, Skelton & Maloney, Tampa, Scott, McLeod, Himmelberg, Matz, Pires & Price and Kevin F. Meckus and Alexander J. Pires, Jr., Washington, D.C., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

Our review of the record discloses that the hearing officer’s findings of fact are supported by substantial, competent evidence, and the record discloses neither an abuse of discretion nor a violation of law by the agency. *Cohen v. School Bd. of Dade County,*450 So.2d 1238 (Fla. 3d DCA 1984).

Affirmed.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 201 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 201

  To amend the Internal Revenue Code of 1986 to extend the additional 
 standard deduction for real property taxes for nonitemizers for 2010.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2009

 Mr. Barrasso introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to extend the additional 
 standard deduction for real property taxes for nonitemizers for 2010.

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

SECTION 1. EXTENSION OF ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY 
              TAXES FOR NONITEMIZERS.

    (a) In General.--Subparagraph (C) of section 63(c)(1) of the 
Internal Revenue Code of 1986 is amended by striking ``or 2009'' and 
inserting ``2009, or 2010''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2008.
                                 <all>
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2403 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2403

  To extend the temporary suspension of duty on filament tow of rayon.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mrs. Hagan 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 filament tow of rayon.

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

SECTION 1. FILAMENT TOW OF RAYON.

    (a) In General.--Heading 9902.23.27 of the Harmonized Tariff 
Schedule of the United States (relating to filament tow of rayon) 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 32.2

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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  accompanying  Annual  Report On Form 10-KSB/A of
Charys  Holding  Company,  Inc.  for  the  fiscal year ending April 30, 2005, I,
Raymond  J.  Smith,  Chief  Financial  Officer  of Charys Holding Company, Inc.,
hereby  certify  pursuant  to  18  U.S.C.  Section  1350, as adopted pursuant to
Section  906  of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief,  that:

     1.     Such Annual Report on Form 10-KSB/A for the fiscal year ending April
30,  2005, 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 such Annual Report on Form 10-KSB/A for
the  fiscal  year  ending  April  30,  2005,  fairly  presents,  in all material
respects,  the  financial  condition and results of operations of Charys Holding
Company,  Inc.

     Dated:  December 5, 2005.

                                    /s/  Raymond J. Smith
                                    --------------------------------------------
                                    Raymond J. Smith, Chief Financial Officer of
                                    Charys Holding Company, Inc.


<PAGE>
#### James AGAN, Petitioner, v. Richard DUGGAR, Respondent.

No. 70589.

Supreme Court of Florida.

June 8, 1987.

*12Larry Helm Spalding, Capital Collateral Representative and Mark E. Olive, Litigation Director, Office of the Capital Collateral Representative, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

James Agan, under death warrant, petitions this Court for a writ of habeas corpus and a stay of execution. We have jurisdiction pursuant to article V, section 3(b)(9) of the Florida Constitution, and for the reasons which follow, we deny both the stay and the writ.

This is the third appearance by Mr. Agan before this Court, and both parties have waived oral argument in this matter. The facts of this case are sufficiently set forth in the two previous opinions by this Court.*

Mr. Agan presents two claims in this petition. The first involves the alleged failure of the sentencing judge to expressly consider nonstatutory mitigating circumstances in imposing the sentence of death. Initially, it should be noted that this issue was raised by Agan at his direct appeal. The intervening United States Supreme Court decision in *Hitchcock v. Duggar,*— U.S.—, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), does not require us to reexamine that issue as it presents no new issues of law as to this case. Moreover, we have disposed of this issue adverse to Agan in his previous appeal to this Court. We have already held, in *Agan*I, that it is clear from the record the trial judge did consider both statutory and nonstatutory mitigating factors.

The second issue raised by Agan concerns the charge that his appellate counsel provided ineffective assistance during the course of his initial appeal. This claim, based on the alleged failure to raise issues regarding statements made by Agan to the grand jury and during the sentencing proceeding, presents no new issues in light of Agan’s persistent desire to go on record as having committed the murder, and willing to return to the prison population in order to kill again. Counsel’s failure to allege the inadmissibility of these statements could not be called ineffective due to Agan’s repeated willingness to confess to both the crime, and the desire to repeat the crime. Agan’s lack of cooperation with counsel, and his refusal to allow his counsel to perform his duties does not render counsel ineffective. Rather, it serves to excuse counsel from such charges.

We deny the stay of execution as well as the writ of habeas corpus.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

NO MOTION FOR REHEARING WILL BE ALLOWED.

*

 The previous opinions are reported as: *Agan v. State,*445 So.2d 326 (Fla.1983), *cert. denied,*469 U.S. 873, 105 S.Ct. 225, 83 L.Ed.2d 154 (1984) *(Agan*I); *Agan v. State,*503 So.2d 1254 (Fla.1987) *(Agan*II).
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

The undersigned, David O'Neill, President, Chief Executive Officer and Chief Financial Officer of Global Electronic Recovery Corp., hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)	the quarterly report on Form 10-QSB of Global Electronic Recovery Corp. for the interim period ended April 30, 2006 (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 Global Electronic Recovery Corp.

Dated:  June 20, 2006

/s/ David O'NeillDavid O'Neill
President, Chief Executive Officer (Principal Executive Officer) Chief Financial Officer
(Principal Financial Officer and Principal Accounting Officer)
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
The Schedule contains summary financial information extracted from the
financial statements for Capital Mortgage Plus L.P. and is qualified in its
entirety by reference to such financial statements
</LEGEND>
<CIK>                                  0000845875
<NAME>       Capital Mortgage Plus L.P.
<MULTIPLIER>                           1

<S>                                    <C>
<PERIOD-TYPE>                          12-MOS
<FISCAL-YEAR-END>                      DEC-31-1999
<PERIOD-START>                         JAN-01-1999
<PERIOD-END>                           DEC-31-1999
<CASH>                                 1,010,890
<SECURITIES>                           0
<RECEIVABLES>                          437,183
<ALLOWANCES>                           737,743
<INVENTORY>                            0
<CURRENT-ASSETS>                       0
<PP&E>                                 0
<DEPRECIATION>                         0
<TOTAL-ASSETS>                         23,822,034
<CURRENT-LIABILITIES>                  78,008
<BONDS>                                0
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                               0
<OTHER-SE>                             23,744,026
<TOTAL-LIABILITY-AND-EQUITY>           23,822,034
<SALES>                                0
<TOTAL-REVENUES>                       2,055,514
<CGS>                                  0
<TOTAL-COSTS>                          0
<OTHER-EXPENSES>                       543,256
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                     0
<INCOME-PRETAX>                        1,512,258
<INCOME-TAX>                           0
<INCOME-CONTINUING>                    0
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                           1,512,258
<EPS-BASIC>                          .81
<EPS-DILUTED>                          0


</TABLE>
II 

111TH CONGRESS 

1ST SESSION S. 1958 

To suspend temporarily the duty on medium molecular weight solid epoxy 

resin. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2009 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on medium molecular 

weight solid epoxy resin. 

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

3 SECTION 1. MEDIUM MOLECULAR WEIGHT SOLID EPOXY 

4 RESIN. 

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

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 

‘‘ 9902.01.00 Medium molecular weight 

solid epoxy resin (CAS No. 

25085–99–8) (provided for in 

subheading 3907.30.00) ........ Free No change No change On or before 

12/31/2011 ’’. 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 1958 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 


wwoods2 on DSK1DXX6B1PROD with BILLS