alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Darryl GLOSSON, Petitioner, v. The Honorable Harold SOLOMON, Judge of the Circuit Court for the Eleventh Judicial Circuit of Florida, In and For Dade County, Respondent.

No. 86-373.

District Court of Appeal of Florida, Third District.

Feb. 21, 1986.

Paul Morris, Coral Gables, for petitioner. Jim Smith, Atty. Gen., for respondent.

Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.

DANIEL S. PEARSON, Judge.

The petitioner, presently incarcerated in the Dade County Jail on a charge of violating probation, requests this court to issue a writ of mandamus1 directing the *95respondent judge to hear and consider the petitioner’s claim that he should be released pending disposition of this charge with or without bail.2 He claims, and we agree, that the trial judge’s announced policy of never setting bail on a probation violation charge3 is in derogation of Section 948.06(1), Florida Statutes (1985), which permits the trial court to commit one accused of violating the terms and conditions of a probation order “or release him with or without bail to await further hearing....”

The statute in question, Section 948.06(1), has been interpreted as investing the trial court with the discretion to set bail for accused probation violators. *See Bennington v. Thornton,*370 So.2d 856 (Fla. 4th DCA 1979). Where a court is given discretion to act on a matter, the refusal to exercise such discretion is error, *see Fazio v. Russell Building Movers, Inc.,*469 So.2d 844 (Fla. 3d DCA 1985) (reversing denial of motion for new trial where sole reason for denial was trial court’s invariable policy of denying all such motions except when based on some post-trial occurrence; remanded with directions that trial court exercise discretion accorded it), which may be remedied by mandamus.

Accordingly, the trial court is directed to hear and consider the petitioner’s claim that he be released with or without bail pending final disposition of the revocation of probation charge, or show cause to this court within five days why such relief should not be granted.

1

. Alternatively, the petitioner seeks a writ of habeas corpus, but, as will be seen *infra,*we decide only that the trial judge must consider the claim for bail, not grant it.

2

. The petitioner is also charged with the substantive crime of vehicular manslaughter, upon which charge bail, originally set at $15,000, has been reduced to $6,000.

3

. The defendant’s counsel informed the court that the statute:

> "says that bond is a discretionary matter. We would ask the Court if it is going to deny bond, the Court has indicated it has a policy of not granting bond in these cases, I assume that’s the policy in every case?”

The court replied:

> "[y]es, it is.”
Exhibit 10.15

CORPORATE PROMISSORY NOTE

$_________                                                        March __, 2005
             Wall Township, New Jersey

      FOR VALUE RECEIVED, COATES MOTORCYCLE COMPANY, LTD., a Delaware
corporation, having its principal offices located at 2100 Highway #34 &
Ridgewood Road Wall Township, New Jersey 07719 (hereinafter referred to as the
"Maker") promises to pay to the order of ________________, an individual having
and address located at _______________________________________________
(hereinafter referred to as the "Payee") the sum of ____________________
($_________) Dollars, accruing interest at the rate of five percent (5%) per
annum, which outstanding principal balance and accrued interest shall be due and
payable on December 1, 2005. This Note may, at the option of the Maker, be
prepaid in whole or in part without penalty.

                  Notwithstanding the foregoing, the unpaid balance of the
principal sum of this note and interest hereon shall immediately become due and
payable, at the election of the Payee hereof, in the event of:

                  (a) 15 days default in any payment due hereunder; or

                  (b) the appointment of a receiver of the property, rights,
credits, assets or any part thereof, of the Maker; or

                  (c) the filing of a petition by or against the Maker for
relief under any bankruptcy or insolvency law; or

                  (d) an assignment by the Maker of assets for the benefit of
creditors.

                  The Maker and all other parties who at any time may be liable
hereon in any capacity, jointly and severally, waive presentment and diligence
in collecting, demand for payment, protest and notice of dishonor of this note,
and authorize the Payee hereof, without notice, to grant extensions in the time
of payment or any reductions in the rate of interest on any monies owing on this
Note without notice to the Maker or any endorsers hereof.

                  In the event Payee is obligated to employ the services of an
attorney to enforce any of the obligations set forth herein, Maker hereby agrees
to pay any and all such reasonable attorneys fees utilized in any enforcement or
collection proceeding.

                                    MAKER:

                                    COATES MOTORCYCLE COMPANY, LTD.

                                    By:__________________________
                                       Mark D. Goldsmith, President
CERTIFICATION OF PERIODIC FINANCIAL REPORTS

I, Richard M. Cohen, Chief Financial Officer of Baseline Oil & Gas Corp.,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Quarterly Report on Form 10-QSB/A for the quarterly period ended March
31, 2006 (the "Periodic Report") which this statement accompanies fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m or 78o(d)) and

(2) information contained in the Periodic Report fairly presents, in all
material respects, the financial condition and results of operations of Baseline
Oil & Gas Corp.


Dated: October 18, 2006



                                               /s/ Richard M. Cohen
                                               ---------------------------------
                                               Richard M. Cohen
                                               Chief Financial Officer

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.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10501

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JUAN ANTHONY REYES, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:05-CR-83-2

Before JONES, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Juan Anthony Reyes, Jr., federal prisoner # 31910-177, seeks our 

authorization to proceed in forma pauperis (IFP) in his appeal of the district 

court’s denial of his motion under 18 U.S.C. § 3582(c)(2) to reduce his sentence 

for distribution of methamphetamine and aiding and abetting. See 21 U.S.C. 

§ 841(a)(1), (b)(1)(B); 18 U.S.C. § 2. He challenges the district court’s denial of 

IFP status and the district court’s certification that his appeal is not taken in 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 21, 2016

Lyle W. Cayce

Clerk

 Case: 16-10501 Document: 00513808234 Page: 1 Date Filed: 12/21/2016
No. 16-10501

2

good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). An appeal 

is frivolous if it “lacks an arguable basis in law or fact.” Taylor v. Johnson, 257 

F.3d 470, 472 (5th Cir. 2001). 

Contrary to Reyes’s argument, a district court is not required to reduce 

a sentence under § 3582(c)(2). See United States v. Evans, 587 F.3d 667, 672-

73 (5th Cir. 2009). Also, contrary to what Reyes contends, this court may 

assume that the district court duly considered the § 3553(a) factors, as the 

court “was presented with argument concerning the § 3553(a) factors.” Id. at 

673. And because the record demonstrates that the district court duly 

considered Reyes’s motion as a whole and explicitly or implicitly considered the 

§ 3553(a) factors, “the district court did not abuse its discretion.” United States 

v. Whitebird, 55 F.3d 1007, 1010 (5th Cir. 1995). 

Reyes fails to present a nonfrivolous argument for overturning the 

district court’s certification decision, which is intertwined with the merits of 

the case. See Baugh, 117 F.3d at 302. Accordingly, his IFP motion is DENIED, 

and we sua sponte DISMISS his appeal as frivolous. See Taylor, 257 F.3d at 

472; Baugh, 117 F.3d at 202; 5TH CIR. R. 42.2; FED. R. APP. P. 24(a)(3).

 Case: 16-10501 Document: 00513808234 Page: 2 Date Filed: 12/21/2016
III

107TH CONGRESS

2D SESSION H. CON. RES. 313

IN THE SENATE OF THE UNITED STATES

FEBRUARY 13, 2002

Received and referred to the Committee on Foreign Relations

CONCURRENT RESOLUTION

Expressing the sense of Congress regarding the crash of

Transporte Aereo Militar Ecuatoriano (TAME) Flight

120 on January 28, 2002.

Whereas Transporte Aereo Militar Ecuatoriano (TAME)

Flight 120 was en route from Quito, Ecuador, to Tulcan,

Ecuador, when it crashed in the Andes mountains in Colombia on January 28, 2002;

Whereas the crash tragically killed an estimated 92 people;

Whereas the United States has strong cultural and historic

ties to Ecuador and Colombia;
2

HCON 313 RFS

Whereas the people of Ecuador and Colombia have already

suffered greatly as a result of the crash in the same region of another Ecuadorian aircraft on January 17,

2002, which killed 26 people;

Whereas the civil aviation departments of Ecuador and Colombia are working in concert to facilitate the recovery

and identification of the passengers and crew members of

TAME Flight 120; and

Whereas professional emergency personnel from Ecuador and

Colombia valiantly overcame treacherous terrain and inclement weather to reach the site of the crash and perform emergency services: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That Congress—

3 (1) sends its heartfelt condolences to the fami4 lies, friends, and loved ones of the victims of the

5 crash of Transporte Aereo Militar Ecuatoriano

6 (TAME) Flight 120 on January 28, 2002; and

7 (2) commends the professional emergency per8 sonnel from Ecuador and Colombia who responded

9 to the tragic crash of TAME Flight 120 with cour10 age, determination, and skill.
3

HCON 313 RFS

1 SEC. 2. The Clerk of the House of Representatives

2 shall transmit an enrolled copy of this resolution to the

3 President of Ecuador and to the President of Colombia.

Passed the House of Representatives February 12,

2002.

Attest: JEFF TRANDAHL,

Clerk.
<PAGE>
                                                                      EXHIBIT 23



               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


We have issued our reports, dated August 26, 2002, accompanying the consolidated
financial statements and schedules included in the Annual Report of Ace Cash
Express, Inc. and Subsidiaries on Form 10-K for the year ended June 30, 2002. We
hereby consent to the incorporation by reference of said reports in the
Registration Statements of Ace Cash Express, Inc. and Subsidiaries on Forms S-8
(File No. 33-55898) filed on December 17, 1992, (File No. 333-2640) filed on
March 15, 1996, (File No. 333-62571) filed on August 31, 1998, (File No.
333-44832) filed on August 30, 2000 and (File No. 333-83460) filed on February
27, 2002.

GRANT THORTHON LLP

Dallas, Texas
August 26, 2002
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 130 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. CON. RES. 130

Authorizing printing of the book entitled ``Asian and Pacific Islander 
                        Americans in Congress''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2001

  Mr. Underwood (for himself, Mr. Wu, Mr. Honda, Mr. Abercrombie, Mr. 
Faleomavaega, Mr. Matsui, Mrs. Mink of Hawaii, Ms. Pelosi, Mr. Becerra, 
Ms. Berkley, Ms. Eddie Bernice Johnson of Texas, Ms. Eshoo, Mr. Filner, 
 Mr. Lantos, Ms. Lee, Ms. Lofgren, Mrs. Morella, Mr. Stark, Ms. Roybal-
  Allard, Ms. Velazquez, and Ms. Jackson-Lee of Texas) submitted the 
following concurrent resolution; which was referred to the Committee on 
                          House Administration

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
Authorizing printing of the book entitled ``Asian and Pacific Islander 
                        Americans in Congress''.

    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. ASIAN AND PACIFIC ISLANDER AMERICANS IN CONGRESS.

    (a) In General.--The book entitled ``Asian and Pacific Islander 
Americans in Congress'', prepared by the Library of Congress under the 
direction of the Joint Committee on Printing, shall be printed as a 
House document.
    (b) Specifications.--The House document described in subsection (a) 
shall include illustrations and shall be in the style, form, manner, 
and binding as directed by the Joint Committee on Printing.
    (c) Number of Copies.--In addition to the usual number of copies, 
there shall be printed the lesser of--
            (1) 30,700 copies of the document described in subsection 
        (a), of which--
                    (A) 25,000 shall be for the use of the Committee on 
                House Administration of the House of Representatives; 
                and
                    (B) 5,700 shall be for the use of the Committee on 
                Rules and Administration of the Senate; or
            (2) such number of copies of the document described in 
        subsection (a) as does not exceed a total production and 
        printing cost of $220,000, which copies shall be for the use of 
        the Committee on House Administration of the House of 
        Representatives and the Committee on Rules and Administration 
        of the Senate in the same proportions as described in paragraph 
        (1).
                                 <all>
```
EXHIBIT 32

CERTIFICATION

Each of the undersigned officers of NeuroMetrix, Inc. (the "Company") hereby certifies to his knowledge that the Company's quarterly report on
Form 10-Q to which this certification is attached (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

|Date: November 8, 2007 |  | By: | /s/SHAI N. GOZANI, M.D., PH. D.Shai N. Gozani, M.D., Ph. D.
Chief Executive Officer and President
|---------------------- |  | --- | -------------------------------------------------------------------------------------------------
|                       |  | By: | /s/W. BRADFORD SMITHW. Bradford Smith
Chief Financial Officer                                    

This
certification is being furnished and not filed, and shall not be incorporated into any document for any purpose, under the Securities Exchange Act of 1934 or the Securities Act of
1933.

---



QuickLinks
Exhibit 10.2


 


RG GLOBAL LIFESTYLES, INC.


 


PROMISSORY NOTE


 


	
  FACE
  AMOUNT:

  	
   

  	
  $600,000

  
	
   

  
	
  ISSUED:

  	
   

  	
  July 1st,
  2005

  
					



 


For Value Received, RG
Globa1 Lifestyles, Inc., a California corporation (the “Company”), hereby
promises to pay to Larbi John and Karim Joseph Murray, or their registered
successors or assigns (the “Noteholders”), two hundred seventy (270) days after
the issuance of the Note (the “Maturity Date”), the principal sum of US$600,000,
or such part thereof that then remains unpaid, in cash.  Interest on the principal sum shall accrue at
the rate of eight (8%) percent per annum and shall be payable on the date of
payment hereof.  Except as provided
herein, principal and interest, if paid in cash or cash equivalent, shall be
payable in lawful money of the United States of America, in immediately
available funds, at the principal offices of the Noteholder, or at such other
place as the legal holder may designate from time to time in writing to the
Company. Interest shall be computed on the basis of a three hundred sixty (360)
day year and twelve thirty (30)-day months and shall not be compounded.


 


This Note may be redeemed by
the Company at any time prior to the Maturity Date without penalty. Interest
accrued on the principal amount of this Note so redeemed shall be due and
payable on such redemption date.


 


On the date of redemption or
the Note’s maturity, the Noteholder shall surrender this Note for payment in
cash and upon such surrender, the Noteholder will receive such payment of cash.


 


This Note shall be governed
by and construed in accordance with, the laws of the State of California
notwithstanding any conflict of laws.


 


The Company hereby waives
presentment, demand, notice of non-payment and all other demands and notices in
connection with the delivery, acceptance, performance or enforcement of this
Note.


 


	
  RG
  GLOBAL LIFESTYLES, INC.

  	
   

  
	
   

  	
   

  
	
  By:

  	
   /s/ Louis L. Knickerbocker

  	
   

  	
   

  
	
   

  	
   

  
	
  Name:
  Louis L. Knickerbocker

  	
   

  
	
   

  	
   

  
	
  Title:
  President & CEO

  	
   

  
	
   

  	
   

  
	
  ATTESTED BY NOTEHOLDER(S)

  	
   

  
	
   

  	
   

  
	
  Karim
  Joseph Murray

  	
  Larbi
  John Murray

  
	
   

  	
   

  
	
  Signature:

  	
   /s/ Karim Joseph Murray

  	
   

  	
  Signature:

  	
   /s/ Larbi John Murray

  	
   

  
	
   

  	
   

  
	
  Date:

  	
  7/8/05

  	
   

  	
  Date:
International Energy Outlook 2009 Report #: DOE/EIA-0484(2009) Release Date: May

2009 (full report available August 2009) Next Release Date: May 2010

Table F6. Delivered Energy Consumption in OECD Europe by End-Use Sector and Fuel, 2006-2030 (Quadrillion Btu)

Sector/Fuel Projections 200620102015202020252030

Residential Liquids 2.6 2.4 2.3 2.3 2.3 2.3 Natural Gas 5.3 5.4 5.5 5.6 5.7 5.9 Coal 0.6 0.5 0.5 0.4 0.4 0.3 Electricity 3.0 3.5 3.8 4.0 4.2 4.4 Renewables 0.0 0.0 0.0 0.0 0.0 0.0 Total 11.5 11.7 12.0 12.3 12.6 12.8 Commercial Liquids 1.0 0.9 0.8 0.8 0.8 0.8 Natural Gas 1.9 1.9 1.9 1.9 2.0 2.1 Coal 0.1 0.1 0.1 0.1 0.1 0.1 Electricity 2.8 3.2 3.4 3.7 3.9 4.1 Renewables 0.0 0.0 0.0 0.0 0.0 0.0 Total 5.7 6.0 6.2 6.5 6.8 7.0 Industrial Liquids 10.6 9.7 9.6 9.8 9.9 10.1 Natural Gas 6.6 6.6 6.8 6.9 7.1 7.2 Coal 3.8 3.4 3.2 3.1 3.0 2.9 Electricity 4.6 4.8 5.1 5.4 5.6 5.8 Renewables 0.3 0.3 0.3 0.3 0.3 0.3 Total 25.824.8 25.0 25.5 25.926.2 Transportation Liquids 17.4 16.2 16.4 17.0 17.1 17.2 Natural Gas 0.1 0.1 0.1 0.1 0.1 0.1 Coal 0.0 0.0 0.0 0.0 0.0 0.0 Electricity 0.3 0.3 0.3 0.3 0.3 0.3 Total 17.8 16.5 16.7 17.4 17.5 17.6 All End-Use Sectors Liquids 31.629.1 29.0 30.0 30.2 30.3 Natural Gas 13.8 13.9 14.2 14.5 14.9 15.2 Coal 4.4 4.0 3.8 3.6 3.4 3.3 Electricity 10.7 11.7 12.6 13.4 14.0 14.5 Renewables 0.3 0.3 0.3 0.3 0.3 0.3 Delivered Energy 60.859.0 59.9 61.7 62.863.6 Electricity-Related Losses /a 20.823.2 24.9 26.2 27.328.2 Total 81.682.2 84.8 87.9 90.091.8 Electric Power /b Liquids 0.8 0.9 0.9 0.8 0.8 0.8 Natural Gas 5.9 7.0 7.9 8.7 9.3 9.6 Coal 8.7 9.0 9.0 8.8 8.7 8.8Nuclear 9.8 9.7 9.7 9.6 9.5 9.5

Renewables 6.4 8.3 10.0 11.6 13.0 14.1 Total 32.034.9 37.5 39.5 41.342.7 Total Energy Consumption Liquids 32.430.0 29.9 30.8 31.031.1 Natural Gas 19.721.0 22.1 23.3 24.224.8 Coal 13.2 13.0 12.8 12.4 12.2 12.0 Nuclear 9.6 9.7 9.7 9.6 9.5 9.5 Renewables 6.6 8.5 10.3 11.9 13.3 14.4 Total 81.682.2 84.8 87.9 90.091.8

a/ Electricity

losses incurred in the transmission and distribution of electric power. May include some heat production. b/ Fuel inputs used in the production of electricity and heat at central-station generators. Sources: 2006: Derived from Energy Information Administration (EIA), International Energy Annual 2006 (June-December 2008), web site www.eia. doe.gov/iea. Projections: EIA, World Energy Projections Plus (2009).-0.5

0.4 -2.0 1.5

— 0.5

-0.8 0.4 -1.6 1.6

— 0.9

-0.2 0.4 -1.1 1.0 0.1 0.1

-0.1 1.4

— 0.1 0.0

-0.2 0.4 -1.3 1.3 0.1 0.2 1.3 0.5

-0.5 2.0 0.0 Average Annual Percent Change, 2006-2030-0.1

3.4 1.2

-0.2 1.0 -0.4 -0.1 3.3 0.5

a/ Electricity

losses incurred in the transmission and distribution of electric power. May include some heat production.

Sources: 2006: Derived from Energy Information Administration (EIA), International Energy Annual 2006 (June-December 2008), web site
[No. 14828-9-III.

Division Three.

June 6, 1996.]

#### *In the Matter of the Marriage of*Todd R. Jordan, *Respondent, and*Leslie A. Jordan, *Appellant.*

Appeal from a judgment of the Superior Court for Spokane County, No. 91-3-02268-1, Thomas E. Merry-man, J., entered March 24, 1995. *Affirmed*by unpublished opinion per Munson, J., concurred in by Sweeney, C.J., and Thompson, J.
III

106TH CONGRESS

1ST SESSION S. RES. 80

Congratulating Boyd Clines, Larry Rogers, and Matt Moseley for their bravery and courage in the April 12, 1999, rescue mission of Mr. Ivers

Sims.

IN THE SENATE OF THE UNITED STATES

APRIL 15, 1999

Mr. COVERDELL (for himself and Mr. CLELAND) submitted the following

resolution; which was considered and agreed to

RESOLUTION

Congratulating Boyd Clines, Larry Rogers, and Matt Moseley

for their bravery and courage in the April 12, 1999,

rescue mission of Mr. Ivers Sims.

Whereas on April 12, 1999, a treacherous fire erupted in a

historic cotton mill in Atlanta, Georgia, and Mr. Ivers

Sims, a construction worker, found himself suspended

180 feet in the air trapped by raging flames surrounding

him;

Whereas Boyd Clines, a Georgia Department of Natural Resources pilot, and his navigator, Larry Rogers, arrived on

the scene and negotiated a helicopter through the menacing wind, smoke, and fire which emanated from the

cotton mill, while an Atlanta firefighter, Matt Moseley,
2

•SRES 80 ATS

dangled from a rope near the flames, all in an attempt

to save Mr. Sims;

Whereas Boyd Clines, Larry Rogers, and Matt Moseley, in

the true spirit of heroism, demonstrated amazing courage

and valor in risking their lives in order to save the life

of Mr. Sims;

Whereas the teamwork, dedication, and bravery that Boyd

Clines, Larry Rogers, and Matt Moseley displayed during

the rescue mission enabled the mission to be successful;

Whereas Atlanta firefighters, police officers, Sheriffs deputies, and residents diligently worked together in order to

fight the massive fire that engulfed the historic cotton

mill;

Whereas Atlanta residents at home during the fire helped

during the crisis by rescuing pets and using garden hoses

to extinguish the flames emanating from burning debris;

Whereas the Atlanta firefighters, facing shortages of equipment and personnel, heroically contained a fire that could

have spread beyond the cotton mill and enveloped a historic neighborhood now being revitalized;

Whereas the fire crisis of April 12, 1999, shall be remembered not for the tragic loss of the historic cotton mill,

but instead for the heroism and bravery displayed by

Boyd Clines, Larry Rogers, and Matt Moseley; and

Whereas it should be recognized that Boyd Clines, Larry

Rogers, and Matt Moseley have brought pride and honor

to the State of Georgia: Now, therefore, be it

1 Resolved, That the Senate—

2 (1) congratulates Boyd Clines, Larry Rogers,

3 and Matt Moseley for the bravery and heroism that
3

•SRES 80 ATS

1 they displayed during the April 12, 1999, rescue

2 mission of Mr. Ivers Sims; and

3 (2) commends Atlanta firefighters, police offi4 cers, Sheriffs deputies, and residents for the out5 standing teamwork that they displayed in fighting

6 the fire of the cotton mill.

Æ