alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert L. JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 88-00275.

District Court of Appeal of Florida, Second District.

May 24, 1989.

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert L. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Acting Chief Judge.

The defendant claims his conviction and sentence for sale and possession of cocaine violates the federal and state constitutional prohibition against double jeopardy. We agree.

The state charged the defendant with sale and possession of cocaine, violations of sections 893.13(l)(a) and 893.13(l)(e), Florida Statutes (1987). The offenses occurred when the defendant sold cocaine “hand to hand” to a St. Petersburg undercover detective for $20. The jury found the defendant guilty of both charges. The court sentenced the defendant to seven years’ imprisonment.

Convictions and sentences for both sale and possession based on a single act violate an individual’s double jeopardy rights. *Hatten v. State,*542 So.2d 1061 (Fla. 2d DCA 1989); *Gordon v. State,*528 So.2d 910 (Fla. 2d DCA 1988). *See also, Blanca v. State,*532 So.2d 1327 (Fla. 3d DCA 1988). We reject the state’s argument that the defendant cannot raise this claim on appeal because he failed to raise it in the trial court. *Park v. State,*528 So.2d 524 (Fla. 2d DCA 1988); *Velez v. State,*528 So.2d 525 (Fla. 2d DCA 1988).

We affirm defendant’s conviction and sentence for sale of cocaine, but we vacate his conviction and sentence for possession of cocaine. We remand for resentencing.

HALL and THREADGILL, JJ., concur.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

June 23, 2008 Clifford W. Taylor, Chief Justice
136189 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 136189 COA: 282913 Chippewa CC: 07-008414-FC TIMOTHY PATRIC PELTIER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal th e February 25, 2008 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

t0616 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 23, 2008

Clerk
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 195 Agreed to Senate (ATS)]

106th CONGRESS
  1st Session
S. RES. 195

 Expressing the sense of the Senate concerning Dr. William Ransom Wood.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 4, 1999

  Mr. Stevens (for himself and Mr. Murkowski) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the sense of the Senate concerning Dr. William Ransom Wood.

Whereas Dr. William Ransom Wood's tireless dedication and wisdom have earned him 
        honorable distinction for his work in the city of Fairbanks, the State 
        of Alaska, and the Nation;
Whereas Dr. Wood served his country with distinction in battle during World War 
        II as a captain in the United States Navy;
Whereas Dr. Wood served the people of Alaska as president of the University of 
        Alaska, chairman of the American Cancer Society, vice president of the 
        Alaska Boy Scout Council, member of the Alaska Business Advisory 
        Council, chairman of the Alaska Heart Association, and numerous other 
        organizations;
Whereas Dr. Wood served the people of Fairbanks as mayor, chairman of the 
        Fairbanks Community Hospital Foundation, president of Fairbanks Rotary 
        Club, and in many other capacities;
Whereas the city of Fairbanks, the State of Alaska, and the Nation continue to 
        benefit from Dr. Wood's outstanding leadership and vision;
Whereas Dr. Wood is the executive director of Festival Fairbanks which desires 
        to commemorate the centennial of Fairbanks, Alaska, with a pedestrian 
        bridge which shall serve as a reminder to remember and respect the 
        builders of the twentieth century; and
Whereas it shall also be in Dr. Wood's words, ``a memorial to the brave 
        indigenous people. Who came before and persisted through hardships, 
        generation after generation. The Centennial Bridge is a tribute to their 
        stamina and ability to cope with changing times.'': Now, therefore, be 
        it
    Resolved, That the United States Senate urges the Secretary of 
Transportation Rodney Slater to designate the Fairbanks, Alaska 
Riverwalk Centennial Bridge community connector project as the Dr. 
William Ransom Wood Centennial Bridge.
                                 <all>
```
**Exhibit 31.1**Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002I, Dan S. Dugan, Chairman, President and Chief Executive Officer of the registrant, certifythat:1. I have reviewed this quarterly report on Form 10-Q of Mercantile Bancorp, Inc.; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of thecircumstances under which such statements were made, notmisleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present inall material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, theperiods presented in this report; 4. The registrant’s other certifying officers and I are responsiblefor establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to bedesigned under our supervision, to ensure thatmaterial information relating to the registrant,including its consolidated subsidiaries, is made knownto us by others within those entities, particularlyduring the period in which this report is beingprepared;  b) evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented inthis report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the endof the period covered by this report based on suchevaluation; and  c) disclosed in this report any change in theregistrant’s internal control over financial reportingthat occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materiallyaffected, or is reasonably likely to materiallyaffect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent functions): a) all significant deficiencies and material weaknessesin the design or operation of internal control overfinancial reporting which are reasonably likely toadversely affect the registrant’s ability to record,process, summarize and report financial information;and  b) any fraud, whether or not material, that involvesmanagement or other employees who have a significantrole in the registrant’s internal control overfinancial reporting.Date: August 11, 2006   /s/ Dan S. Dugan      Dan S. Dugan  Chairman, President and Chief Executive Officer  
35
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 QC Holdings, Inc. (the Company) on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Douglas E. Nickerson, Chief Financial 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:



| | (3) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (4) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: May 13, 2005



/s/ Douglas E. NickersonDouglas E. NickersonChief Financial Officer




Page 31
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

May 23, 2007 Clifford W. Taylor,

 Chief Justice 

131994 & (61) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 131994 

 COA: 259532 

Saginaw CC: 04-024226-FC 

TRUMON DONTAE CANNON,

Defendant-Appellant. 

_________________________________________/ 

By order of February 2, 2007, the prosecuting attorney was directed to answer the 

application for leave to appeal the July 25, 2006 judgment of the Court of Appeals. On 

order of the Court, the answer having been received, the application for leave to appeal is 

again considered, and it is GRANTED, limited to the issues of the scope of predatory 

conduct defined in Offense Variable 10, MCL 777.40(3)(a), and whether the trial court 

properly assessed 15 points for predatory conduct in this case. The parties shall address 

whether predatory conduct is limited to exploitation of a “vulnerable victim” and, if so, 

what factors may be considered in determining whether a victim is “vulnerable.” 

We ORDER the Saginaw Circuit Court, in accordance with Administrative Order 

2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to 

represent the defendant in this Court. 

The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys 

Association of Michigan are invited to file briefs amicus curiae. Other persons or groups 

interested in the determination of the issues presented in this case may move the Court 

for permission to file briefs amicus curiae. 

p0516 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

May 23, 2007 

 Clerk
**Exhibit 32.1**

 

**I-LINK INCORPORATED**

 

**OFFICER’S CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(18 U.S.C. 1350)**

 

December 30, 2004

 

Theundersigned Allan Silber, duly appointed and incumbent officer of I-LinkIncorporated, a Florida corporation (the “Corporation”), in connection with theCorporation’s Annual Report on Form 10-K, as amended, for the annual period ended December31, 2002, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), does hereby represent, warrant and certify pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, as amended, that, to the best ofhis knowledge:

 

1.               The Report is in full compliance withreporting requirements of Section 13(a) of the Securities Exchange Act of 1934,as amended; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operation of the Corporation.

 

 

 

 

/s/ Allan Silber

 

 

 

Allan Silber

 

 

Chief Executive Officer
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 quarterly report of QC Holdings, Inc. (the Company) on Form 10-Q
for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Don Early, Chairman of the Board and 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 7, 2009



/s/ Don EarlyDon EarlyChairman of the Board and Chief Executive Officer
SERVED MAY 14,2010 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

[eiOFTRAHSPOi 

DOCKETS 

A "^ 32 

IN THE MATTER OF 

ROSLYNE MARIE ELDER 

FAA DOCKET NO. CP10SW0004 

(Civil Penalty Action) 

FAANO.FAA-2010-0315 

NOTICE OF ASSIGNMENT OF PROCEEDING 

This proceeding (heretofore designated as Case No. 2009SW290135) has been assigned 

to Administrative Law Judge Isaac D. Benkin. All future pleadings and other communications 

regarding this proceeding shall be served on the Judge, the FAA Hearing Docket, and the other 

persons named in the attached Service List. 

[pimie A. YMer 

Chief Administrative Law 

Attachment - Service List 
FAA DOCKET NO. CP10SW0004 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Edward A. Lopez, Respondent's Former Counsel 

Venture Corporate Center 

3440 Hollywood Blvd. Suite 415 

Hollywood, FL 33021 

TEL: 954-241-4205 

FAX: 954-241-4206 

Roslyne Marie Elder, Respondent 

835 Sierra Vista Drive, Apt. 326 

Las Vegas, NV 89169 

TEL: 702-412-5640 

Yolandia Ayala Bemal, Complainant's Counsel 

Safety Enforcement Branch 

Office of the Regional Counsel 

Southwest Region, ASW-7E3, YAB 

Federal Aviation Administration 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137-0007 

TEL: 817-222-5070 

FAX: 817-222-5945/5092 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room E12-320 

Washington, DC 20590 

TEL: Attorney-Advisor 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
III

106TH CONGRESS

1ST SESSION S. RES. 63

Recognizing and honoring Joe DiMaggio.

IN THE SENATE OF THE UNITED STATES

MARCH 16, 1999

Mr. MOYNIHAN (for himself, Mr. LOTT, Mr. DASCHLE, Mr. SCHUMER, Mrs.

BOXER, Mrs. FEINSTEIN, Mr. LEAHY, Mr. JOHNSON, Mr. HELMS, and

Mr. BUNNING) submitted the following resolution; which was considered

and agreed to

RESOLUTION

Recognizing and honoring Joe DiMaggio.

Whereas Joseph Paul ‘‘Joe’’ DiMaggio was born in Martinez,

California, on November 25, 1914;

Whereas Joe DiMaggio was the son of Sicilian immigrants,

Joseph Paul and Rosalia DiMaggio, and was the 2d of

3 brothers to play Major League Baseball;

Whereas Joe DiMaggio played 13 seasons in the major

leagues, all for the New York Yankees;

Whereas Joe DiMaggio, who wore number 5 in Yankee pinstripes, became a baseball icon in the 1941 season by hitting safely in 56 consecutive games, a major league

record that has stood for more than 5 decades and has

never been seriously challenged;
2

•SRES 63 ATS

Whereas Joe DiMaggio compiled a .325 batting average during his storied career and played on 9 World Series

championship teams;

Whereas Joe DiMaggio hit 361 home runs during his career,

while striking out only 369 times;

Whereas Joe DiMaggio was selected to the Baseball Hall of

Fame in 1955, 4 years after his retirement;

Whereas Joe DiMaggio in 1969 was voted Major League

Baseball’s greatest living player;

Whereas Joe DiMaggio served the Nation in World War II

as a member of the Army Air Corps;

Whereas Joe DiMaggio was tireless in helping others and was

devoted to the ‘‘Joe DiMaggio Children’s Hospital’’ in

Hollywood, Florida;

Whereas Joe DiMaggio will be remembered as a role model

for generations of young people; and

Whereas Joe DiMaggio transcended baseball and will remain

a symbol for the ages of talent, commitment, and

achievement: Now, therefore, be it

1 Resolved, That the Senate recognizes and honors Joe

2 DiMaggio—

3 (1) for his storied baseball career;

4 (2) for his many contributions to the Nation

5 throughout his lifetime; and

6 (3) for transcending baseball and becoming a

7 symbol for the ages of talent, commitment, and

8 achievement.

Æ
#### STATE of Louisiana v. Autrey Louis GUILLORY.

No. 87-KH-1195.

Supreme Court of Louisiana.

Feb. 26, 1988.

In re Guillory, Autrey Louis; applying for writ of certiorari and/or review, and remedial writ; Parish of Calcasieu, 14th Judicial District Court, Div. “G”, No. 2309-80.

Denied.
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>

This schedule contains summary financial information extracted from the balance
sheet and statements of operations found on the Company's Form 10K and is
qualified in its entirety by reference to such financial statements.

</LEGEND>
<CIK> 0000846535
<NAME> VARTECH SYSTEMS INC.
<PERIOD-TYPE>                                    YEAR
<FISCAL-YEAR-END>                             JUL-31-2000
<PERIOD-END>                                  JUL-31-2000
<CASH>                                           15138
<SECURITIES>                                         0
<RECEIVABLES>                                   500918
<ALLOWANCES>                                         0
<INVENTORY>                                     201685
<CURRENT-ASSETS>                                751102
<PP&E>                                          535590
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 1178273
<CURRENT-LIABILITIES>                           633990
<BONDS>                                              0
<COMMON>                                          2100
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      511176
<TOTAL-LIABILITY-AND-EQUITY>                   1178273
<SALES>                                        6594139
<TOTAL-REVENUES>                               6594139
<CGS>                                          3359814
<TOTAL-COSTS>                                  3359814
<OTHER-EXPENSES>                               3117444
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               33547
<INCOME-PRETAX>                                 188601
<INCOME-TAX>                                     48149
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    140452
<EPS-BASIC>                                      .07
<EPS-DILUTED>                                      .07

</TABLE>
**EXHIBIT
      32.1**





**Certification
      of Principal Executive Officer Pursuant to**


**Section
      906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
      1350**








In
      connection with the quarterly  report on Form 10Q-SB of Rotoblock
      Corporation (Registrant), as filed with the Securities and Exchange Commission
      on the date hereof (the Report), I, Liu
      Chien-Chih, Principal Executive Officer, hereby 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 and belief:





(1)
      the
      annual 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 annual report fairly presents, in all material
      respects, the financial condition and results of operations of
      Registrant.










Date:
      December 13,
      2007                                                                    
**R** **OTOBLOCK
      CORPORATION**,  Registrant





/s/  
      Liu
      Chien-Chih


By:
Liu
      Chien-Chih, President and Principal Executive Officer
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-4124

___________

Troy Roddy, *

*

Appellant, *

*

v. *

*

Corbitt Nesbitt, CO-II, Maximum *

Security Unit, Arkansas Department of *

Correction, originally sued as J. *

Nesbitt; Tonya Forrest, CO-I, *

Maximum Security Unit, Arkansas *

Department of Correction, originally *

sued as T. Forest; Nicholas Green, *

CO-I, Maximum Security Unit, *

Arkansas Department of Correction, * Appeal from the United States

originally sued as N. Green; Greg * District Court for the

Harmon, Warden, Maximum Security * Eastern District of Arkansas.

Unit, Arkansas Department of *

Correction, originally sued as G. * [UNPUBLISHED]

Hermin; Kenneth Frazier, Sgt. *

Maximum Security Unit, Arkansas *

Department of Correction, originally *

sued as Sgt. Frazier; Steve Outlaw, *

Assistant Warden, Maximum Security *

Unit, Arkansas Department of *

Correction, originally sued as S *

Outlaw; Richard Wimberly, Major, *

Chief of Security, Maximum Security *

Unit, Arkansas Department of *

Correction, originally sued as R *

Wimberly, *
1The Honorable Stephen M. Reasoner, United States District Judge for the

Eastern District of Arkansas, adopting the findings and recommendations of the

Honorable H. David Young, United States Magistrate Judge for the Eastern District of

Arkansas.

-2-

*

Appellees. *

___________

 Submitted: November 2, 2000

 Filed: November 14, 2000

___________

Before BEAM, FAGG, and LOKEN, Circuit Judges.

___________

PER CURIAM.

Troy Roddy, an Arkansas inmate, appeals the district court’s1 dismissal of his

42 U.S.C. §1983 action following an evidentiary hearing. After a careful review of the

record, and viewing all facts in the light most favorable to the plaintiff, we conclude

Roddy’s allegations--that defendant prison officials denied him meals on three

occasions over the course of a year--do not rise to the level of an Eighth Amendment

violation. See Williams v. Harness, No. 99-1326, 2000 WL 573448, at *1 (8th Cir.

May 10, 2000) (unpublished per curiam) (denial of one meal does not give rise to

constitutional violation); Berry v. Brady, 192 F.3d 504, 506-08 (5th Cir. 1999)

(deprivation of food constitutes cruel and unusual punishment only if it denies prisoner

minimal civilized measure of life’s necessities, and whether deprivation falls below this

threshold depends on amount and duration of deprivation; denying inmate eight meals

over seven months because of inmate’s failure to shave did not deny inmate “anything

close to a minimal measure of life’s necessities” (internal quotations and citation

omitted)). 
-3-

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.