alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Utah, Plaintiff and Respondent, v. Jane STROMQUIST, Defendant and Appellant.

No. 17553.

Supreme Court of Utah.

Dec. 16, 1981.

*172David L. Wilkinson, Salt Lake City, for State.

Brian M. Barnard, Salt Lake City, for Stromquist.

PER CURIAM:

The defendant in this ease was charged in the circuit court with “disturbing an official meeting” under U.C.A., 1953, 76-8-304(1). She was found guilty and placed on retroactive probation. Probation having been satisfactorily fulfilled as of the time it was imposed, the court then dismissed the case.

The case was appealed to the district court on the ground the statute involved was unconstitutional for vagueness, which point also11 had been urged in the circuit court.1 The district court dismissed the appeal on the grounds the issue raised was moot, relying on our recent pronouncement in *Maxwell v. Gibson.*
      *2*
      **We agree that the appeal- to the district court was moot. Here defendant’s sentence was not only satisfied prior to the appeal, as in *Maxwell v. Gibson,*but the case against defendant was entirely dismissed. As a result of that dismissal, the case is moot because “there is no possibility that any collateral legal consequences will be imposed on the basis of the challenged conviction,” *Sibron v. New York,*392 U.S. 40, 57, 88 S.Ct. 1889, 1899, 20 L.Ed.2d 917 (1968), and “the requested judicial relief cannot affect the rights of the litigants ...” *Duran v. Morris,*Utah, 635 P.2d 43, 45 (1981).

The defendant’s abortive appeal to this Court can and does request only an opinion of this Court as to the validity of a statute in which the defendant has no further interest as it applies to the history of *this*case. This Court was not intended to be, nor is it endowed with authority to render advisory opinions, and has said so many times.3

We therefore dismiss this appeal.

Stewart, J., dissents.

. Where “constitutionality” of a statute is an issue at the city court or justice of the peace level, such an issue is an exception under Art. VIII, § 9, Utah Constitution, to an otherwise prohibition of appeal from such lower court to this Court.

. Utah, 578 P.2d 7 (1978).

. See e.g. *Baird v. State,*Utah, 574 P.2d 713 (1978) and cases cited therein.
**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 Macquarie Infrastructure Company LLC
      (the “Company”) on Form 10-Q for the quarterly period ended June 30, 2007,
      as filed with the Securities and Exchange Commission on the date hereof (the
      “Report”), I, Peter Stokes, 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, to the best of my
      knowledge and belief:




(1) the
      Report fully complies with the requirements of Section 13(a) or 15(b) 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/ Peter
              StokesPeter
              StokesChief
              Executive OfficerAugust 9, 2007




A
      signed original of this written statement required by Section 906 has been
      provided to the Company and will be retained by the Company and furnished to
      the
      Securities and Exchange Commission or its staff upon request.
**EXHIBIT 32.2**

**Neurogen Corporation****Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002    (18 U.S.C. Section 1350)**

Pursuant to the requirements of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies as follows: 

-  I am the Executive Vice President and Chief Business Officer of Neurogen Corporation (the "Company"). 

-  To the best of my knowledge:       -  The Company's Amendment No. 1 to the Annual Report on Form 10-K/A for the year ended December 31, 2003 accompanying this Certification, in the form filed with the Securities and Exchange Commission (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (the "Exchange Act"); and     
  -  The information in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

|   | By:   | /s/ Stephen R. Davis         Stephen R. Davis         Executive Vice President and        Chief Business Officer        Date:  April 29, 2004 |
|--------|------------|-----------------------------------------------------------------------------------------------------------------------------------------------|
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 4 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
S. RES. 4

                          Relative to rule 16.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 6, 1999

Mr. Lott (for Mr. McCain) submitted the following resolution; which was 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION

 
                          Relative to rule 16.

    Section 1. Notwithstanding any precedent to the contrary, the 
prohibition against legislative proposals contained in rule 16 shall be 
enforced by the Chair.
                                 <all>
```
EXHIBIT 32.1





CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C 1350)





Each of the undersigned officers of Cole Credit Property Trust , Inc. (the “Company”) hereby certifies, for purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge:





(i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended September 30, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; as amended, and





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





Cole Credit Property Trust , Inc.By:
/s/ Christopher H. ColeName:
Christopher H. ColeTitle:
Chief Executive Officer, President, and Director (Principal Executive Officer)By:
/s/ D. Kirk McAllaster, Jr.Name:
D. Kirk McAllaster, Jr.Date:
November 10, 2010

Title:
Executive Vice President, Chief Financial Officer, and Director (Principal Financial Officer)





The foregoing certification is being furnished with the Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2010 pursuant to 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and it is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general information language in such filing, except to the extent that the Company specifically incorporates by reference.





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
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III

107TH CONGRESS

1ST SESSION H. CON. RES. 262

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 2001

Received and referred to the Committee on Finance

CONCURRENT RESOLUTION

Expressing the sense of Congress that the President, at

the WTO round of negotiations to be held at Doha,

Qatar, from November 9–13, 2001, and at any subsequent round of negotiations, should preserve the ability

of the United States to enforce rigorously its trade laws

and should ensure that United States exports are not

subject to the abusive use of trade laws by other countries.

Whereas members of the World Trade Organization (WTO)

have expressed an interest in improving and clarifying

antidumping provisions contained in the Agreement on

Implementation of Article VI of the General Agreement

on Tariffs and Trade 1994 (commonly referred to as the

‘‘Antidumping Agreement’’) and subsidy provisions contained in the Agreement on Subsidies and Countervailing
2

HCON 262 RFS

Measures at the Fourth Ministerial Conference of the

WTO to be held in Doha, Qatar, from November 9–13,

2001;

Whereas the recent pattern of decisions by WTO dispute settlement panels and the WTO Appellate Body to impose

obligations and restrictions on the use of antidumping

and countervailing measures by WTO members under the

Antidumping Agreement and the Agreement on Subsidies

and Countervailing Measures has raised concerns; and

Whereas Congress is concerned that WTO dispute settlement

panels and the WTO Appellate Body appropriately apply

the standard of review contained in Article 17.6 of the

Antidumping Agreement, to provide deference to a WTO

member’s permissible interpretation of provisions of the

Agreement, and to a WTO member’s evaluation of the

facts where that evaluation is unbiased and objective and

the establishment of the facts is proper: Now, therefore,

be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that the

3 President, at the WTO round of negotiations to be held

4 at Doha, Qatar, from November 9–13, 2001, and at any

5 subsequent round of negotiations of the WTO, should—

6 (1) preserve the ability of the United States to

7 enforce rigorously its trade laws, including the anti8 dumping and countervailing duty laws, and avoid

9 agreements which lessen the effectiveness of domes10 tic and international disciplines on unfair trade, es11 pecially dumping and subsidies, in order to ensure
3

HCON 262 RFS

1 that United States workers, agricultural producers,

2 and firms can compete fully on fair terms and enjoy

3 the benefits of reciprocal trade concessions; and

4 (2) ensure that United States exports are not

5 subject to the abusive use of trade laws, including

6 antidumping and countervailing duty laws, by other

7 countries.

Passed the House of Representatives November 7,

2001.

Attest: JEFF TRANDAHL,

Clerk.
#### Charlotte KRUEGER, et al., Plaintiffs and Appellants—Phares & Lites, v. Billy J. TABOR, Defendant and Appellee—Tri-State Underwriters.

No. 88-617.

Court of Appeal of Louisiana, Third Circuit.

June 28, 1989.

Cook, Yancey, King & Galloway, Brian Homza, Shreveport, for appellants.

Fish, Montgomery & Robinson, Roy Fish, Minden, for appellee.

Before GUIDRY, FORET and DOUCET, JJ.

DOUCET, Judge.

For the reasons assigned in the consolidated case of *Charlotte Krueger v. Billy Tabor, et al.,*546 So.2d 1317 (La.App. 3rd Cir.1989), rendered this day, the judgment appealed is REVERSED IN PART, AMENDED IN PART, AND AS AMENDED, AFFIRMED in accordance with the views expressed in the companion case.

REVERSED IN PART;. AMENDED IN PART, AND AS AMENDED, AFFIRMED.
#### STATE ex rel. Lester BRADLEY v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary.

No. 87-KH-1988.

Supreme Court of Louisiana.

Dec. 7, 1987.

In re Bradley, Lester; applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “J”, No. 263-239.

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.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 7251

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
JULIE RAE ROCK , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of Virginia , at Newport News

. Arenda L. Wright Allen , District Judge. ( 4:16

- cr - 00084

- AWA

- RJK

- 2 )

Submitted : April 29, 2024 Decided: August 5, 2024

Before RICHARDSON, QUATTLEBAUM, and RUSHING , Circuit Judges.

Affirmed by un published per curiam opinion

.
Julie Rae Rock, Appellant Pro Se. Megan Marina Montoya, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7251 Doc: 13 Filed: 08/05/2024 Pg: 1 of 22 PER CURIAM: Julie Rae Rock appeals the district court’s order denying her 18 U.S.C. § 3582(c)(1)(A) motion for compassionate release. Upon review, we discern no abuse of discretion in the district court’s determination that Rock failed to present an extraordinary
and compelling basis for relief. See United States v. High , 997 F.3d 181, 185 (4th Cir. 2021) (providing standard of review). Accordingly, we affirm the district court’s order. We dispense with oral argument because the facts and legal contentions are adeq uately presented in the materials before this court and argument would not aid the decisional

process.
AFFIRMED USCA4 Appeal: 22-7251 Doc: 13 Filed: 08/05/2024 Pg: 2 of 2
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 274 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. CON. RES. 274

 Congratulating JET Magazine on its 50th anniversary and honoring its 
     founder, John H. Johnson, for his outstanding contribution to 
                              journalism.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2001

Mr. Davis of Illinois (for himself, Ms. Jackson-Lee of Texas, Mr. Wynn, 
Ms. McKinney, Mrs. Christensen, Mr. Fattah, Mr. Owens, Mr. Capuano, Mr. 
  Towns, Mr. Hastings of Florida, Mrs. Meek of Florida, Mr. Clay, Mr. 
Bishop, Mr. Payne, Ms. Kilpatrick, Mr. Rush, Ms. Watson of California, 
Mr. Scott, Mr. Clyburn, Ms. Lee, Mr. Meeks of New York, Mr. Thompson of 
  Mississippi, Mr. Hilliard, Ms. Norton, Mr. Cummings, Mr. Jackson of 
 Illinois, Ms. Brown of Florida, Mr. Ford, Mr. Jefferson, Mr. Conyers, 
   Mrs. Jones of Ohio, Mr. Watt of North Carolina, Ms. Eddie Bernice 
    Johnson of Texas, and Mr. Blagojevich) submitted the following 
     concurrent resolution; which was referred to the Committee on 
                           Government Reform

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Congratulating JET Magazine on its 50th anniversary and honoring its 
     founder, John H. Johnson, for his outstanding contribution to 
                              journalism.

Whereas John H. Johnson started Johnson Publishing Company in November 1942 with 
        a $500 loan secured by using his mother's furniture as collateral;
Whereas JET Magazine is a weekly newsmagazine that was started by John H. 
        Johnson in November 1951;
Whereas JET Magazine is the number 1 weekly newsmagazine among African-
        Americans;
Whereas JET Magazine has a circulation of more than 970,000 weekly; and
Whereas for 50 years JET Magazine has chronicled important milestones in the 
        lives of African-Americans, including desegregation, migration from the 
        south, the civil rights movement, efforts to reduce poverty, advances in 
        politics, the arts, and sports: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress congratulates JET Magazine on its 50th anniversary 
and honors its founder John H. Johnson for his outstanding contribution 
to journalism.
                                 <all>
```
III

106TH CONGRESS

2D SESSION S. RES. 348

To express the sense of the Senate that the Secretary of the Treasury,

acting through the United States Customs Service, should conduct investigations into, and take such other actions as are necessary to prevent,

the unreported importation of ginseng products into the United States

from foreign countries.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 6, 2000

Mr. FEINGOLD submitted the following resolution; which was referred to the

Committee on Finance

RESOLUTION

To express the sense of the Senate that the Secretary of

the Treasury, acting through the United States Customs

Service, should conduct investigations into, and take such

other actions as are necessary to prevent, the unreported

importation of ginseng products into the United States

from foreign countries.

1 Resolved,

2 SECTION 1. UNREPORTED IMPORTATION OF GINSENG

3 PRODUCTS.

4 It is the sense of the Senate that the Secretary of

5 the Treasury, acting through the United States Customs

6 Service, should, to the maximum extent practicable, con-
2

•SRES 348 IS

1 duct investigations into, and take such other actions as

2 are necessary to prevent, the importation of ginseng prod3 ucts into the United States from foreign countries, includ4 ing Canada and Asian countries, unless the importation

5 is reported to the Service, as required under Federal law.

Æ
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6480

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEMAINE DIWAN BENJAMIN,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Florence. Terry L. Wooten, Chief District Judge. (4:07-cr-01427-TLW-1)

Submitted: July 20, 2017 Decided: July 25, 2017

Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Demaine Diwan Benjamin, Appellant Pro Se. Carrie Fisher Sherard, Assistant United

States Attorney, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Demaine Diwan Benjamin appeals the district court’s orders denying relief on his 

motion for reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) (2012) and denying 

his motion for reconsideration.*

 We have reviewed the record and find no reversible

error. See United States v. Muldrow, 844 F.3d 434, 437 (4th Cir. 2016) (providing 

standard). Accordingly, we affirm. 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.

AFFIRMED

 * Although a district court lacks authority to reconsider a ruling on a § 3582(c)(2) 

motion, “this prohibition [is] non-jurisdictional, and thus waived when the government 

fail[s] to assert it below.” United States v. May, 855 F.3d 271, 274 (4th Cir. 2017). Here, 

“[b]ecause the government failed to raise this non-jurisdictional limitation below, it is 

waived on appeal.” Id. at 275. We therefore analyze Benjamin’s § 3582(c)(2) motion 

and motion for reconsideration together.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 84 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
S. RES. 84

  To designate the month of May 1999, as ``National Alpha<INF>1</INF> 
                           Awareness Month''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 1999

Ms. Snowe (for herself, Mr. Helms, Mr. Grams, Mr. Robb, Mr. Durbin, Mr. 
 Edwards, Mr. Cleland, Mr. Hatch, Mr. Torricelli, Mr. Mack, Mr. Crapo, 
   Mr. Graham, Mr. Lautenberg, and Mr. Dodd) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION

 

  To designate the month of May 1999, as ``National Alpha<INF>1</INF> 
                           Awareness Month''.

Whereas alpha<INF>1</INF>-antitrypsin deficiency (A1AD) is the most common 
        lethal single gene defect in the United States;
Whereas A1AD, having been identified only since 1963, is as common as cystic 
        fibrosis, but is neither well known, nor well understood by many 
        physicians and is virtually unknown by the general public;
Whereas A1AD is seen as a liver disease in infants and young children, as a lung 
        or liver disease in young adults, and may be misdiagnosed as asthma, 
        chronic bronchitis or smoker's emphysema due to lack of knowledge or 
        understanding about this disease;
Whereas A1AD is particularly devastating to families since it strikes during the 
        peak earning and child rearing years;
Whereas 80,000 to 100,000 persons in the United States are affected by the 
        disease while only 5 percent have been identified; and
Whereas liver and lung transplants are sought by many individuals suffering from 
        A1AD, detection screenings, educational conferences and other scheduled 
        events will help raise awareness for early identification and organ 
        donation: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates the month of May 1999 as ``National Alpha<INF>1</INF> 
        Awareness Month''; and
            (2) requests that the President issue a proclamation calling upon 
        the people of the United States to observe the month with appropriate 
        programs and activities.
                                 <all>
```