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

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Friedmann, J.), rendered June 6, 1988, convicting him of criminal sale of a *351controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s belated objection to the entry into evidence of a photocopy of the prerecorded "buy” money has not been preserved for appellate review *(see,*CPL 470.05 [2]). In any event, we note that the document was clearly made in the regular course of business *(see, People v Kennedy,*68 NY2d 569, 579-580). The defendant’s claim that the chain of custody was unclear is belied by the record *(cf., People v Davis,*44 NY2d 269). Nor does the presence on the exhibit of police notations, consistent with the testimony of the officers involved in the drug sale, warrant reversal *(cf., People v Cierzniewski,*141 AD2d 828). In light of the overwhelming evidence of the defendant’s guilt, any alleged error surrounding the admission of the photocopy with the notations was harmless *(see, People v Mullgrav,*137 AD2d 839, 840).

The trial court did not err in denying the defendant’s request for a missing witness charge with respect to the undercover officer who remained outside the building during the sale. The record contains no indication that the officer ever viewed the defendant or observed any part of the drug transaction. Consequently, the defendant failed to sustain his initial burden of making a prima facie showing of entitlement to a missing witness charge, i.e., by demonstrating that the uncalled witness is knowledgeable about a material issue, that the witness would naturally be expected to provide noncumulative testimony favorable to the prosecution, and that the witness is available to such party *(see, People v Gonzalez,*68 NY2d 424). The court’s refusal to give a missing witness charge was not error in the absence of any indication that the nontestifying officer would have provided testimony which was material and noncumulative *(see, People v Lewis,*150 AD2d 499, 501). Brown, J. P., Lawrence, Kunzeman and Hooper, JJ., concur.
* 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should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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 July 12, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30948 Summary Calendar

ISRAEL SANTIAGO-LUGO, Petitioner-Appellant,

versus ROBERT M. TAPIA, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

No. 1:04-CV-993

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

Before SMITH, GARZA, and PRADO, Circuit Judges. PER CURIAM: * Israel Santiago-Lugo, a federal prisoner, appeals the denial of his FED . R. CIV . P. 60(b) motion for relief from judgment in this 28 U.S.C. § 2241 habeas corpus action that was purportedly filedpursuant to the “savings clause” of 28 U.S.C. § 2255. SantiagoLugo is serving a sentence of life imprisonment for convictions from 1996, in the United States District Court for the District ofNo. 05-30498 -2- Puerto Rico, of a serious drug-trafficking conspiracy, a continuing criminal enterprise count, and other offenses. At the time Santiago-Lugo filed his Rule 60(b ) motion, the district court in the Western District of Louisiana, where he is currently confined, had already transferred the case to the First Circuit Court of Appeals for consideration whether he should be authorized to file what amounted to a successive 28 U.S.C. § 2255 motion to vacate, and the First Circuit had denied such authorization. We must examine our own jurisdiction, see United States v. Johnston, 258 F.3d 361, 363 (5th Cir. 2001), and we have “inherent jurisdiction to examine the jurisdiction of district court courts within [this] circuit.” In re Transtexas Gas Corp. , 303 F.3d 571, 576-77 (5th Cir. 2002). We have expressed “grave doubt” that a district court had jurisdiction to “clarify,” pursuant to FED . R. CIV . P. 60(a), a twoyear-old order by which it had granted a motion by defendant corporations to transfer a plaintiff’s diversity action to a federal district court in New York. See In re Galiardi , 745 F.2d 335, 337 (5th Cir. 1984); see also In re Southwestern Mobile Homes, Inc. , 317 F.2d 65, 66 (5th Cir. 1963) (expressing doubt about this court’s “power to compel” a federal district judge in Texas to vacate his order transferring an action to another district). Sister circuits have held that “when a transfer of a case has been completed, the transferor courtSSand the appellate court that has jurisdiction over it

SSlose all jurisdiction over the case.” See ,No. 05-30498 -3- e.g. , In re United States , 273 F.3d 380, 383 (3d Cir. 2001) (and citations therein). This is especially true where, as here, the transferee court has proceeded with the transferred case. See id. at 384. Given that the First Circuit had already disposed of SantiagoLugo’s transferred case, the district court lacked jurisdiction to consider the case thereafter. Even if that were not so, the appealfrom the denial of rule 60(b) is frivolous. Accordingly, the appeal is DISMISSED. See 5TH CIR . R. 42.2.
<TABLE> <S> <C>


<ARTICLE>                                   5
<LEGEND>                                    THIS SCHEDULE CONTAINS
                                            SUMMARY FINANCIAL INFORMATION
                                            EXTRACTED FROM FORM 10-Q FOR
                                            THE QUARTER ENDED NOVEMBER
                                            30, 1997 AND IS QUALIFIED IN ITS
                                            ENTIRETY BY REFERENCE TO SUCH
                                            FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                                       0000090045
<NAME>                                      SI HANDLING SYSTEMS, INC.
<MULTIPLIER>                                1,000
       
<S>                                                  <C>     
<PERIOD-TYPE>                                        9-MOS
<FISCAL-YEAR-END>                                    MAR-01-1998
<PERIOD-END>                                         NOV-30-1997
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<CURRENT-LIABILITIES>                                 8,242
<BONDS>                                                  25
<PREFERRED-MANDATORY>                                     0
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<COMMON>                                              3,712
<OTHER-SE>                                            7,025
<TOTAL-LIABILITY-AND-EQUITY>                         19,164
<SALES>                                              32,371
<TOTAL-REVENUES>                                     32,371
<CGS>                                                25,134
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<OTHER-EXPENSES>                                          0
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<INCOME-CONTINUING>                                   1,884
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<NET-INCOME>                                          1,884
<EPS-PRIMARY>                                           .50
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</TABLE>
1526 Gilpin Avenue

Wilmington, Delaware 19806

United States of America

Tel: 302-449-9010

Fax: 302-353-4251

www.devlinlawfirm.com

June 13, 2023

The Honorable Judge Alan D. Albright

United States District Court 

for the Western District of Texas

800 Franklin Avenue

Room 301

Waco, Texas 76701

Re: Dropbox, Inc. v. Motion Offense, LLC, 

No. 6-20-cv-00251-ADA (WDTX)

Dear Honorable Judge Albright:

This letter provides additional information regarding my current pro hac vice

admission to this Court, which is based on my good standing to practice in Delaware 

(where I reside). My status within Delaware remains unchanged, and I have maintained 

good standing in Delaware through the entirety of my pro hac vice admission with this

Court. I currently appear as counsel in one open matter before this Court.1 I make this 

disclosure as a follow-up to my letter of February 11, 2022, pursuant to my continuing 

duty of candor.

As noted in my earlier letter to this Court, I was previously admitted to practice in 

the State of New York and District of Columbia. Through a misunderstanding of the 

requirements of each jurisdiction, my licenses to practice in the District of Columbia and 

State of New York had been suspended for failing to file an annual registration statement 

and non-payment of registration fees, respectively.

As of January 11, 2022, my standing with the District of Columbia Bar has been 

fully reinstated. On April 28, 2023, I submitted a request for my voluntary resignation 

from the District of Columbia Bar. On May 31, 2023, my request for voluntary 

resignation was approved. I am therefore no longer the subject of any disciplinary action,

and no longer registered to practice, in the District of Columbia.

On January 24, 2023, I filed a motion with the New York Supreme Court, 

Appellate Division for reinstatement to the New York Bar, along with a request to 

voluntarily resign from the New York Bar for non-disciplinary reasons. On April 27, 

2023, the court issued a Memorandum and Order granting my Motion in full. 

Specifically, the court ordered: (1) my immediate reinstatement as an attorney, removing 

any suspension; and (2) my voluntary resignation for non-disciplinary reasons from the 

1Dropbox, Inc. v. Motion Offense, LLC, No. 6-20-cv-00251-ADA, Dkt. 34 (WDTX).

Case 6:20-cv-00251-ADA Document 397 Filed 06/13/23 Page 1 of 2
Devlin Law Firm

June 13, 2023

Page 2 of 2

Bar of the State of New York. I am therefore no longer the subject of any disciplinary 

action, and no longer registered to practice, in the State of New York.

If the Court has any questions about these matters, I am available at the Court’s 

convenience. 

/s/ Timothy Devlin

Timothy Devlin

Case 6:20-cv-00251-ADA Document 397 Filed 06/13/23 Page 2 of 2
C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In the Interest of I.T.S., aka B.G.H., a Child

Appellate case number: 01

- 1 3

- 00 566

- C V

Trial court case number: 20 1 2

- 01859J

Trial court: 313th District Court of Harris County

Appellant’s court

- appointed counsel filed a brief concluding that the above

- referenced appeal is frivolous. See Anders v. California , 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967).
Counsel

, however, has not filed a motion to withdraw from representation.

If appointed counsel believes that an appeal is frivolous, counsel must request permission
to withdraw. See id. ; see also In re K.D. , 127 S.W.3d 66, 67 (Tex. App.

— Houston [1st Dist.] 2003, no pet.) (holding procedures set forth in Anders ap ply to appeal from termination of parental rights when counsel concludes that there are no arguable issues to assert on appeal). An
Anders brief must accompany a motion to withdraw, neither the brief nor the motion may be
filed on its own. See id. ; In re S chulman , 252 S.W.3d 403, 406

– 08 (Tex. Crim. App. 2008).
Accordingly, we order appellant’s appointed counsel, Donald M. Crane , to file with the Clerk of this Court within 10 days of the date of this order a motion to withdraw that complies
with Texas Rules of Appellate Procedure 6.5 and 9. See T EX

. R. A PP

. P . 6.5, 9; Schulman , 252 S.W.3d at 410, 412.

It is so ORDERED.

Judge’s signature: /s/ Jane Bland

 Acting individually  Acting for the Court

Date: October 15, 2013
|                                                                           
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|                                                                           
|View History: Annual Download Data (XLS File)                             
|View History: Annual                                                       
|View History: Annual                                                       
|View History:                                                              
|                                                                           
|Mississippi Dry Natural Gas Expected Future Production (Billion Cubic Feet)
|                                                                           
|                                                                           
|Mississippi Dry Natural Gas Expected Future Production (Billion Cubic Feet)
|                                                                           

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1970's                                                                                                                            |        |        |        |        |        |        |        | 1,437  | 1,635  | 1,504 
|1980's                                                                                                                            | 1,769  | 2,035  | 1,796  | 1,596  | 1,491  | 1,360  | 1,300  | 1,220  | 1,143  | 1,104 
|1990's                                                                                                                            | 1,126  | 1,057  | 869    | 797    | 650    | 663    | 631    | 582    | 658    | 677   
|2000's                                                                                                                            | 618    | 661    | 744    | 746    | 691    | 755    | 813    | 954    | 1,030  | 917   
|2010's                                                                                                                            | 853    | 860    | 607    | 595    | 558    | 480    | 357    | 350    | 280    | 227   
|2020's                                                                                                                            | 167    | 246    |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 12/30/2022                                                                                                         
|Next Release Date: 12/29/2023
**
**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, the Chief Executive Officer and Chairman of the Board of Gladstone Investment Corporation (the “Company”), hereby certifies on thedate hereof, pursuant to 18 U.S.C. §1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K for the fiscal year ended March 31,2019 (“Form 10-K”), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that theinformation contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Date: May 13, 2019

/s/ David Gladstone

David Gladstone

*Chief Executive Officer and*

*Chairman of the Board of Directors*
**
**EXHIBIT
      99.3**




**FREDERIC
        P. ZOTOS**
 1623
        Avalon Drive
 Hull,
        MA
        02045
 
 Tel:
        (781) 925-0780 Fax:
        (781) 925 - 8665 Mobile:
        (781) 267-3667 E-Mail:
        fzotos@pathogenics.com
 
 
 April
        1,
        2006
 
 William
        L. Sklar, Director
 Michael
        L. Ferrari, Director
 Pathogenics,
        Inc.
 99
        Derby
        Street
 Suite
        200
 Hingham,
        MA 02043
 United
        States
 
 Re:  Salary
        deferral and accrual for the period January 1 st   -
        March
        31 st ,
        2006
 
 Dear
        Bill
        and Mike:
 
 This
        letter constitutes my written notification to the Company and you its acting
        board of directors to defer and accrue my salary for the Company’s first
        quarterly fiscal period January 1 st   -
        March
        31 st ,
        2006 in
        accordance with the terms of my Employment Agreement (between Pathogenics,
        Inc.
        and Frederic P. Zotos, dated March 15, 2005, and as first amended January
        1,
        2006). The pertinent terms of the Employment Agreement are as follows:
 
 “.
        . .
        the Employee may choose to defer and accrue a portion of the Base Salary.
        The
        salary deferral and accrual shall end and Company will pay the Employee in
        full
        the deferred and accrued salary amount hereunder upon the earlier of either
        the
        Employee’s own determination, the termination of employment of the Employee
        under the terms of this Agreement, or the expiration of the Term of this
        Agreement. The Employee shall receive interest on any amount of deferred
        and
        accrued salary hereunder at an annual percentage rate of ten percent (10%).”
(Employment Agreement, §3(a))
  This
        salary deferral and accrual shall end and the Company will pay me in full
        the
        deferred and accrued salary for this period when it has sufficient funds
        to do
        so, but in no event later than January 31, 2007.
 
 Sincerely,
  /s/
        Frederic P. Zotos
 Frederic
        P. Zotos, Esq.
 President
        & CEO
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4661 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4661

      To extend the temporary suspension of duty on Spiromesifen.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2012

 Mr. Cleaver introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
      To extend the temporary suspension of duty on Spiromesifen.

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

SECTION 1. SPIROMESIFEN.

    (a) In General.--Heading 9902.10.71 of the Harmonized Tariff 
Schedule of the United States (relating to Spiromesifen) is amended by 
striking ``12/31/2012'' and inserting ``12/31/2015''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
Case 5:20-cv-00444-HJB Document 1 Filed 04/08/20 Page 1 of 5
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Case 5:20-cv-00444-HJB Document 1 Filed 04/08/20 Page 3 of 5
Case 5:20-cv-00444-HJB Document 1 Filed 04/08/20 Page 4 of 5
Case 5:20-cv-00444-HJB Document 1 Filed 04/08/20 Page 5 of 5
|                                                                   
|-------------------------------------------------------------------
|                                                                   
|View History: Annual Download Data (XLS File)                     
|View History: Annual                                               
|View History: Annual                                               
|View History:                                                      
|                                                                   
|Oklahoma Dry Natural Gas Reserves Acquisitions (Billion Cubic Feet)
|                                                                   
|                                                                   
|Oklahoma Dry Natural Gas Reserves Acquisitions (Billion Cubic Feet)
|                                                                   

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            | 1,325  | 671    | 845    | 1,864  | 763    | 728    | 1,202  | 1,567  | 599    | 387   
|2010's                                                                                                                            | 1,519  | 2,459  | 975    | 738    | 1,210  | 1,791  | 1,976  | 1,715  | 324    | 4,006 
|2020's                                                                                                                            | 2,016  | 1,653  |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 12/30/2022                                                                                                         
|Next Release Date: 12/29/2023