alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 90-700.

#### S & H Contractors, Inc. *v.*A. J. Taft Coal Co., Inc.

C. A. 11th Cir. Certiorari denied.
#### The People of the State of New York, Respondent, v Scott Green, Appellant.

[632 NYS2d 995]

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of rape in the second degree (Penal Law § 130.30), defendant contends that reversal is required because the jury "selectively dissected” the testimony of the 13-year-old victim. That contention lacks merit. The credibility of the victim was a question for the jury and the jury was entitled to credit certain portions of the victim’s testimony that it deemed worthy of belief and reject the rest *(see, People v Rose,*215 AD2d 875; *see also, People v Reed,*40 NY2d 204, 208).

Defendant further contends that reversal is required because of the "hopeless contradictions” in the testimony of the prosecution witnesses. He argues that their testimony must be rejected as incredible as a matter of law. That contention lacks merit. It cannot be said that the testimony is " ' "incredible and unbelievable, that is, impossible of belief because it is manifestly untrue, physically impossible, contrary to experi*857ence, or self-contradictory” ’ ” *(People v Stroman,*83 AD2d 370, 373, quoting *People v Garafolo,*44 AD2d 86, 88; *see, People v Briggs,*190 AD2d 995, 996, *lv denied*81 NY2d 1011). "Minor inconsistencies in the testimony of prosecution witnesses do not render that testimony incredible as a matter of law” *(People v Robinson,*209 AD2d 1041, *lv denied*84 NY2d 1037). Here, minor inconsistencies in the testimony of the prosecution witnesses presented questions of credibility for resolution by the jury *(see, People v Barr,*216 AD2d 890).

Lastly, we conclude that, under the circumstances of this case, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Cattaraugus County Court, Himelein, J.— Rape, 2nd Degree.) Present — Lawton, J. P., Fallon, Callahan, Davis and Boehm, JJ.
```

[Congressional Record Volume 155, Number 7 (Tuesday, January 13, 2009)]
[Extensions of Remarks]
[Page E74]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

 RECOGNIZING ISRAEL'S RIGHT TO DEFEND ITSELF AGAINST ATTACKS FROM GAZA

                                 ______
                                 

                               speech of

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                        Friday, January 9, 2009

  Mr. GRAVES. Madam Speaker, I wish to express my strong support for 
House Resolution 34, recognizing Israel's universal and sovereign right 
to defend itself from acts of war and aggression, and reaffirming the 
United States' strong support for Israel in our mutual fight against 
terrorism.
  The cause of the present crisis is clear. Hamas, a terrorist 
organization committed to the destruction of Israel, has continually 
violated the territorial integrity of the State of Israel, a member of 
the United Nations, by launching thousands of rocket attacks from Gaza 
for the purpose of terrorizing and killing the citizens of Israel.
  Hamas has received substantial support in its campaign of terror from 
other rogue nations, most notably Iran, which has provided Hamas with 
the material and expertise to conduct their rocket attacks.
  In responding to these attacks, Israel is exercising its sovereign 
right to self defense, a legitimate right recognized by the 
international community.
  Unfortunately, rather than lay the blame for this crisis where it 
belongs, with Hamas and its leadership, too many of our international 
allies have instead criticized Israel.
  Blaming Israel for this present situation is akin to blaming the 
victim of a crime for the actions of a criminal. These criticisms of a 
sovereign state exercising its legitimate right to self defense will 
only embolden Hamas and terrorists everywhere.
  House Resolution 34 recognizes that it is Hamas that is responsible 
for this present crisis and expresses our nation's solidarity with our 
friends and allies in Israel during their time of great danger. It is 
for this reason that I wish to express my strong support for House 
Resolution 34.

                          ____________________
```
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# Leaders from South Korea, Japan Learn about APS-4’s Role during Contingency Operations

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No. 90-746.

#### Kuntz *v.*Little Miami Railroad Co.

Ct. App. Ohio, Cuyahoga County. Certiorari denied.
No. 82-1166.

#### Zurn Industries, Inc. *v.*National Labor Relations Board.

C. A. 9th Cir. Motion of petitioner to expedite briefing denied.
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# Doolittle, USS Hornet at 75: Shrinking Oceans, Rising Tides

By Adm. Scott H. Swift, Commander &  Gen. Terrence J. O'Shaughnessy

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No. 90-5627.

#### Johnson et al. *v.*United States.

C. A. 4th Cir. Certiorari denied.
* 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

June 2, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-50754

Summary Calendar

 

UNITED STATES OF AMERICA 

 

Plaintiff - Appellee

v.

JOSE LUIS PEREZ-SERANO

 

 Defendant - Appellant

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:04-CR-115-1-WWJ

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

Before KING, Chief Judge, and HIGGINBOTHAM and PRADO, Circuit

Judges.

PER CURIAM:*

Jose Luis Perez-Serano (Perez) appeals the sentence he

received after he pleaded guilty to illegal reentry. Perez’s

argument that the sentencing provisions in 8 U.S.C. § 1326(a) and

(b) are unconstitutional is foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224 (1998). See Apprendi v. New Jersey,

530 U.S. at 466 (2000); United States v. Dabeit, 231 F.3d 979,

984 (5th Cir. 2000); see also Shepard v. United States, 125

S. Ct. 1254, 1262 (2005).
No. 04-50754

-2-

The parties agree that the district court committed error

that is plain when it enhanced Perez’s sentence based on facts

that were not found by a jury or admitted by Perez and when it

sentenced Perez using Guidelines that it believed were mandatory. 

See United States v. Mares, 402 F.3d 511, 520-21 (5th Cir. 2005),

petition for cert. filed (U.S. Mar. 31, 2005) (No. 04-9517);

United States v. Valenzuela-Quevedo, ___ F.3d ___, No. 03-41754,

2005 WL 941353 at *4 (5th Cir. Apr. 25, 2005). Perez, however,

fails to meet his burden of showing that the district court’s

error affected his substantial rights. See Valenzeuela-Quevedo ,

2005 WL 941353 at *4; see also Mares, 402 F.3d at 521. 

Therefore, the district court’s sentence is AFFIRMED.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1229 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1229

                      To repeal Public Law 107-40.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2017

  Ms. Lee (for herself and Mr. Jones) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
                      To repeal Public Law 107-40.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Repeal of the Authorization for Use 
of Military Force''.

SEC. 2. CONGRESSIONAL FINDING.

    Congress finds that the Authorization for Use of Military Force 
(Public Law 107-40; 50 U.S.C. 1541 note), signed into law on September 
18, 2001, has been used to justify a broad and open-ended authorization 
for the use of military force and such an interpretation is 
inconsistent with the authority of Congress to declare war and make all 
laws for executing powers vested by the Constitution in the Government 
of the United States.

SEC. 3. REPEAL OF PUBLIC LAW 107-40.

    Effective 180 days after the date of the enactment of this Act, the 
Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 
1541 note) is hereby repealed.
                                 <all>
```
EXHIBIT 23



                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



The Board of Directors
  AMREP Corporation:


      As independent public accountants, we hereby consent to the
incorporation of our report included in this Form 10-K, into AMREP
Corporation's previously filed Registration Statements on Form S-8 Nos.
33-67114, 33-67116 and 333-17695.  It should be noted that we have not
audited any financial statements of AMREP Corporation subsequent to April 30,
1998 or performed any audit procedures subsequent to the date of our report.



                                    /s/ ARTHUR ANDERSEN LLP



Albuquerque, New Mexico
July 27, 1998
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-END>                                   SEP-30-1999
<CASH>                                              13,605
<SECURITIES>                                             0
<RECEIVABLES>                                       17,952
<ALLOWANCES>                                         (759)
<INVENTORY>                                         11,453
<CURRENT-ASSETS>                                    44,706
<PP&E>                                              39,632
<DEPRECIATION>                                    (27,978)
<TOTAL-ASSETS>                                      75,355
<CURRENT-LIABILITIES>                               36,823<F1>
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               366
<OTHER-SE>                                          34,499
<TOTAL-LIABILITY-AND-EQUITY>                        75,355
<SALES>                                                  0
<TOTAL-REVENUES>                                    49,163
<CGS>                                               36,032
<TOTAL-COSTS>                                       18,945
<OTHER-EXPENSES>                                      (51)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     728
<INCOME-PRETAX>                                    (6,491)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                (6,491)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       (6,491)
<EPS-BASIC>                                       (0.18)
<EPS-DILUTED>                                            0

<FN>
Includes 19,000 convertible debt.
</FN>



</TABLE>
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No. 86-724.

#### Heraeus-Amersil, Inc. v. United States.

C. A. Fed. Cir. Certiorari denied.
No. 90-434.

#### Sonicraft, Inc. *v.*National Labor Relations Board.

C. A. 7th Cir. Certiorari denied.
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the annual report on Form 10-K of Legend International Holdings, Inc. (the “Company”) for the fiscal year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “report”), the undersigned, Joseph Isaac Gutnick, Chief Executive Officer of the Company,
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:





(1)
The report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)
The information contained in the report fairly presents, in all material respects, the financial condition and result of operations of the Company.








Date:   September 2 , 2009




graphicJoseph Isaac GutnickChairman of the Board, President andChief Executive Officer(Principal Executive Officer)




69
No. 82-793.

#### Hudson *v.*Hudson.

Ct. App. Ind. Cer-tiorari denied.
IA 

115TH CONGRESS 

2D SESSION H. J. RES. 134 

Proposing an amendment to the Constitution of the United States to limit 

the number of terms an individual may serve as a Member of Congress. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2018 

Mr. ARRINGTON (for himself, Mr. FITZPATRICK, Mr. KHANNA, Mr. GALLAGHER, Mr. GONZALEZ of Texas, Mr. MEADOWS, Mr. O’ROURKE, and Mr. 

GIANFORTE) submitted the following joint resolution; which was referred 

to the Committee on the Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States to limit the number of terms an individual may 

serve as a Member of Congress. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 

6 intents and purposes as part of the Constitution when 

7 ratified by the legislatures of three-fourths of the several 

8 States within seven years after the date of its submission 

9 for ratification: 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HJ 134 IH 

1 ‘‘ARTICLE — 

2 ‘‘SECTION 1. No person shall serve as a Representa3 tive for more than six two-year terms. Service as a Rep4 resentative for more than one year of any two-year term 

5 shall be treated as a complete term for purposes of this 

6 section, without regard to whether the service was com7 pleted by the individual originally elected to the term. 

8 ‘‘SECTION 2. No person shall serve as a Senator for 

9 more than two six-year terms. Service as a Senator for 

10 more than three years of any six-year term shall be treated 

11 as a complete term for purposes of this section, without 

12 regard to whether the service was completed by the indi13 vidual originally elected to the term. 

14 ‘‘SECTION 3. This article shall not apply to any per15 son who served as a Representative or as a Senator during 

16 any Congress occurring before the One Hundred Fifteenth 

17 Congress.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS