alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
-1- 

### STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, UNPUBLISHED February 26, 2015

v No. 319076 Wayne Circuit Court EZELL NATHANIEL MATSEY, LC No. 13-004430-FH

Defendant-Appellant.

Before: F ORT H OOD , P.J., and J ANSEN and G ADOLA , JJ.

G ADOLA
, J. ( concurring in part and dissenting in part ).

I write separately because I bel ieve the lower court erred in assessing defendant 10 points under OV 10, which provides that a defendant should be assigned 10 points when “[t]he offender exploited a victim’s . . . agedness, or . . . abused his or her authority status.” MCL 777.40(1)(b). “[P]oints should be assessed under OV 10 only when it is readil y apparent that a victim was ‘vulnerable,’ i.e., was suscepti ble to injury, physical restrai nt, persuasion, or temptation.”

Cannon , 481 Mich at 158; see also MCL 777.40(3)(c). “Agedness” is un defined in MCL 777.40, and courts may consult dictiona ries to ascertain the plain mean ing of undefined statutory terms. Koontz v Ameritech Servs, Inc , 466 Mich 304, 312; 645 NW2d 34 (2002). Random House Webster’s College Dictionary (2000) defines “aged” as “of advanced age; old,” “pertaining t o or characteristic of old age.”

In this case, the victim was 52 years old at the time of the a ssault. The majority relies on
the fact that the victim was sev eral years older than defendant and several years older than the other victim to conclude that she was exploited due to her aged ness. In my assessment of MCL 777.40(1)(b), the mere fact tha t an age disparity exists be tween a victim and an assailant does not render the victim inherently vulnerable due to agednes s. In my opinion, the victim’s age of 52 years does not constitute advanced or old age suffici ent to bring it within the plain meaning of “agedness” under the statute, and the lower court wr ongly assigned 10 points under
OV 10.

The prosecutor argues, and the lower court agreed, that defend ant had authority status over the victim, which warranted a 10 point assessment, because he was taller and more muscular than the victim, and because he took advantage of his size and strength to attack her. However, this evidence directly supports an assessment of only five points under OV 10. MCL 777.40(1)(c) provides that five points should be assessed u nder OV 10 if a defendant-2- “exploited a victim by his or her difference in size or strengt h, or both.” The trial court should have assigned defendant only five points under OV 10. A reduct ion of defendant’s score under OV 10 from 10 points to five points would reduce his minimum se ntence range under the sentencing guidelines, entitling him to a new sentence. People v Francisco , 474 Mich 82, 89 n 8; 711 NW2d 44 (2006). Accordingly, I would remand this case f or resentencing.

/s/ Michael F. Gadola
REFER REPLY TO: 

REF ID:A60576e 

WAR. DEPARTMENT 

HEADQUARTERS, SERVICES OF SUPPLY 

OFFICE OF THE CHIEF SIGNAL OFFICER 

!5000 WISSAHICKON AVENUE 

PHILADELPHIA, PA. 

March 25, 1943 

Mr. Wm. F. Fried.man, 

Arlington Halt Station, 

Arlington, Virginia. 

Friend Bill: 

ADDRESS ALL COMMUNICATIONS 

CHIEF SIGNAL OFFICER 

I checked with Miss Weber regarding the 

relaxation of the restrictions imposed upon your 

relations with representatives of foreign governments 

and other agencies, :and her recollection B\grees with 

mine with one minor exception. 

There was a "record11 memorand'Wll prepared swmn~rizing the verbal instructions received, which 

was filed not in the 11Bedbug11 folder but in a folder 

marked 11 Foreign Representatives 11 • 

Lt. Best ought to have no difficulty in 

putting his hands on it, but if it cannot be found, I 

will be glad to confirm verbaJ.ly your understanding of 

the instructions. I am positive that all restrictions 

were removed. 

Sincerely, 

F~~~ok, --, 

Colonel, Signal Corps. 

@'pp roved for release by NSA on 06-05-2013 pursuant to E .0. 1352a
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM SIERRA PACIFIC DEVELOPMENT FUND SEPTEMBER 30, 1996 FINANCIAL STATEMENTS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          94,769
<SECURITIES>                                         0
<RECEIVABLES>                                   79,371
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                98,050
<PP&E>                                       7,276,385
<DEPRECIATION>                               4,027,001
<TOTAL-ASSETS>                               4,217,693
<CURRENT-LIABILITIES>                           84,261
<BONDS>                                      1,812,130
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,899,531
<TOTAL-LIABILITY-AND-EQUITY>                 4,217,693
<SALES>                                        547,972
<TOTAL-REVENUES>                               555,744
<CGS>                                                0
<TOTAL-COSTS>                                  376,892
<OTHER-EXPENSES>                               347,541
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             123,128
<INCOME-PRETAX>                              (236,750)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (236,750)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (236,750)
<EPS-PRIMARY>                                   (8.07)
<EPS-DILUTED>                                   (8.07)
        

</TABLE>
Exhibit 32.1  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)  Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Coupon Express, Inc., a Nevada corporation (the Company), does hereby certify, to such officers knowledge, that:  The annual report on Form 10-K for the year ended October 31, 2011 (the Form 10-K) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.  Date:  November 28, 2012  /s/ Eric L. Kash Eric L. Kash
EXHIBIT 32.1





CERTIFICATION OF

CHIEF EXECUTIVE OFFICER

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 Thermodynetics, Inc. (the "Company") on Form 10-Q for the quarter ending June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, the Chief Executive Officer , hereby certifies to the best of the undersigned's knowledge and belief, 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 complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 in all material respects; and



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







Date: August 5, 2008

By:

/s/  Robert A. Lerman

Robert A. Lerman

President and Chief Executive Officer



This certification shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section.  This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, except to the extent that the small business issuer specifically incorporates it by reference.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

# SUMMARY:

                        This document corrects a notice that was published in the                         **Federal Register**                         on February 18, 2015, Volume 80, Number 32, pages 8661. The time and date should read as follows:                    

*Time and Date:*                        11:00 a.m.-6:00 p.m., March 18, 2015 (Closed).                    

# FOR FURTHER INFORMATION CONTACT:

                        M. Chris Langub, Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway NE., Mailstop F46, Atlanta, Georgia 30341, Telephone: (770) 488-3585,                         *EEO6@cdc.gov.*

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. 2015-04467 Filed 3-3-15; 8:45 am]

BILLING CODE 4163-18-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6619

ANTWOINE JONES,

Petitioner – Appellant,

v.

WARDEN KELLY,

Respondent – Appellee.

Appeal from the United States District Court for the Western 

District of Virginia, at Roanoke. Samuel G. Wilson, District 

Judge. (7:09-cv-00185-SGW-MFU)

Submitted: February 4, 2011 Decided: February 14, 2011

Before GREGORY and DUNCAN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Antwoine Jones, Appellant Pro Se. Gregory William Franklin, 

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Antwoine Jones seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2254 (2006) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. We have independently reviewed the record 

and conclude that Jones has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal. We grant Jones’ motion to expand the record. We 

dispense with oral argument because the facts and legal
3

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

DISMISSED
Mias O&rnet Chamber• 

SUSLO t1nit, !ox 55 

u.s. Navy 100 

Kew Yo:rk, Nov York. 

REF ID:A62676 

310 Second. Stre•t~ S.E. 

Waehington 3,, D,C. 

4 ~ 1955 

Mr. i'ri't~ baa. uked lflb to vr1 te you to aee it you Y'OUld 

'be so kind. as to check on e. "re'tl itelna tor him.. Firat I want to 

tell you that the vool~n •~r rug arrived last week and. both 

he and Mr•· Friedman are very pleased. with it. Will you. plea.ea relay this to the man next doo~. 

Mr. Friedman hope1 that you will let him know just aa aoon 

a• you put the sloves in tho ¥11 but be aaaumes that they haven't 

attived u ret because h-.. baa received no notit1cation here. Also 

could. you check on the 4oo-d.o¥" clock, which he aaaumed 'W8.8 •hipped 

bat'ore he .1.ett Engl.and, but to date he 4u heard nothing about it. 

Would you be good enough to call TrotJihton and You.ng Ltd, 

Sho1n'OOms 1 143, Knightabr1dge, s.w. land ask a Miaa Hilyard about 

the two lamps which he b~t on the 5th at March.. De1cription 

on the aales slip is "2"3/S. .. ... priced •t tiv• pounds f'ive ahil~ 

lings. n They had to be m:>d.U'ied tor America.n •ocketa. CouJ.d you pleas& t1nd out tt they have been •hipped and when, and. i! not,. 

vb.en aM.pnent lmY' be expected. 

Mr. J'riedzlan Hturned hoim trom the hospital on Monday, 2 

Ma.y, and tinda that be ia IllUch ~ comtortable. lie ia progreasUig very well am b.opee to be back. to vork by the end. of "thi• 

J¥)nth. 

Afr/ information that ;you can give Mr. 1riedmn about the 

itltlllS li•ted abOV'e will be very much appreciated. 

f!1ncerel)" your1, 

KAY NOXTINE 

Secretary 

@'pproved for Release by NSA on 06-17-2014 pursuantto E.O. 1352a 

--- .. , ~---~~- -
BORIS -GELIN REF ID:A2263299 

Cf ( \ F'ryksc'\.s, '-'I'SCl, 

w~ l. 

Deor Elizebeth an~ 3111: 

It was most kin~ of you to cnll us on the 

ne yesterday, only it wss a pity th~t we had 

h'1 ro to he:::i r you prorerly. ';f e think that "'d6 

sot tha n1 nin roints, an(1 we are '.'.10.ppy to 1rnow 

thn t your trip hns con ti nuad to be inte11stin3 

and plro'1s::int. 

~e ere sorry also that we missed 2lizebeth's 

birthd~y, and hope that you 3ot our good wishe 

over the phone: 

·:re hnve only a few doys more up here, o.ncl we 

are v~ry sorry to hnve to leave so soon. rhe 

weathe~ has not been 88 3ood as it w~s w~en 

berries ana mushroom; the o~hEr day we picked 

about 25 lbs of linsonbarriss, which Annie 

already has trnnnformed into jam. 

I hnve nlso been workin~ on my lnthsr's 

memoirs; I have been nble to ~st a ~ussianEn3lish dictionnry, printed in Koskau, ana ~-~-

this is of 3ooa helr to me. 
Rlji ID:A2263291 

.. e 

i\nd l10'.·J ·1rrntilsr t.hjn::_s. I ll~.1vs jn"t. r2ceived 

th.:: book "I E~1 rl Hnrbo~fr" from l·Irs. 

and I nou won(~er, sl10u11ln't I send 

to cover the rrice of the book+ ~ostase~ 

Or can I send it to you? 

~e are now le~vin~ ?ryks~s on the 30th. 

J wi J.1 '.:..h2r.i le rive Sun•~:,vlt on :-,,he 17th of 

'331t., ·.-:1th Sture, 'ltl<! a1·rive in .~u.:. on the 

22nd and arrive in Zu7 __, on the 24th in 

t:·:e rr.orni.n3. 

hc<ilth, nnc1 we send _s;ou OUr' aii'fection ~.e 

31ncsre1y 

--T-6~_>\ "' 

-··""'
REF ID:A66643 

~~ SECHRl1Y lfJORr.~AllJN ~f?GF{c:;1 ..____., ·~ 

0o,1.onet tJo:r:d.on v. VU4ea1 WAF Def~ Chtet ~ st.at.t, 0,penr.Uona 

IMMkm1o,._. 

tt. s. A:lz IWco heuritv" ~ 

Ala¥" 'lolon?l \U16u I 

a ia 'lllf 18¥lantucSJJc tl:n'\ 1r. 1tobe.ttaan .-a t.o 1'aft • 

tn.tt elW' flt tlle ~t sent to J'Cll ~. Ill ~' t\ 

U tbo Jt011ey flt tlle ~ that DO eqp1N ot MICh a nJOt1l M _... ~i. w arvoao 110t ~l.1 ~ \&GtJl. 411tri.btltton 

._. 

" --lft Iii tbe 1'1,pUl't - n.l ta n.pon. mlctlY lblratar:e, 

a 4:rett MA lat IOt -an .... otr1d.al. t?at ~ 

aumeJit. 

~, 

.'.S/ E:.f'vt< ~ 

WUJ:.tl)& 1 • D.DJ>WI 

lltO\l\tTIS ~t&:q 

84 kt..utio .Aatd.1cr7 h.r4 

11141 ~1° ~~ lraft •• QC"\ ot 

lfec!a1 ftca4¥ hip 

CCI ~p 

1/ASS'l 

THP u:.-r='"' ti;Y BE ~ _ ,,.~-,,_cj ocvmein.'.DEQl: _rc~ \ttr~G \t;Ht.. ~ \~'.CL~ · 1'.i;.) • 

'11./Itt I>u.l'ifJg the l&at •eu1on <:4 the EASAB'• Specl.al. st~ Group (31 Aug thrU 

ll Se.Pt) Jlr. Robertson, Cbrmn ot the 8peci&l &t~ Ch"oup> agreed to let Col. 

WUdea lave a COJ}f ot the Draft ~:rt of thtt 0rou,p.. Since the policy ~ the 

l>lR 1a tllat no copiea ot such a re.port be ma.de a.va.1'.lable to anyone not dire~ 

concerned uutU diltribut1on ot the final l"e.Po.rt, Mr. 1r1ed111Ul •tresses that 

the inelosed report 1s etrict.l.1 a clratt atl4 i:i.ot a.n ot:f'ic:lal. docuxnent. Col. 

Vild&• contl'ibuted -.te:rial.:cy to the 4raf't re,port NIA~. ~ tba.tika b1nl 

tor h1JJ aaeiatance. 

Declassified and approved for release by NSA on 06-19-2014 pursuantto E .0. 1352\3
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 Revlon, Inc. (the ‘‘Company’’) for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, David L. Kennedy, Chief Executive Officer of the Company, 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:

(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.

/s/ David L. Kennedy
David L. Kennedy
Chief Executive Officer
March 5, 2008

---
EXHIBIT 32(b)
                                                                   -------------


                                CERTIFICATION OF
                           AND CHIEF FINANCIAL OFFICER
                                   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 Thermodynetics,  Inc. (the "COMPANY")
on Form 10-QSB for the quarter  ending  September  30,  2007,  as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "REPORT"),  the
undersigned,  the  Chief  Financial  Officer  ("CFO")  of  the  Company,  hereby
certifies to the best of the undersigned's  knowledge and belief, 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 complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 in all material respects; and

         (2) 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/ John F. Ferraro
                                           -----------------------
                                           John F. Ferraro
                                           Treasurer and Chief Financial Officer


This certification shall not be deemed "filed" for purposes of Section 18 of the
Securities  Exchange Act of 1934, or otherwise  subject to the liability of that
section.  This certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities  Exchange Act
of 1934,  except to the  extent  that the  small  business  issuer  specifically
incorporates it by reference.
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Page 12246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05271]


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

DEPARTMENT OF STATE

[Public Notice 9054]


Culturally Significant Objects Imported for Exhibition 
Determinations: ``Russian Modernism: Cross-Currents in German and 
Russian Art, 1907-1917'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000 (and, as appropriate, Delegation of Authority No. 
257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Russian Modernism: Cross-Currents in 
German and Russian Art, 1907-1917,'' imported from abroad for temporary 
exhibition within the United States, are of cultural significance. The 
objects are imported pursuant to loan agreements with the foreign owner 
or custodians. I also determine that the exhibition or display of the 
exhibit objects at the Neue Galerie, New York, New York, from on or 
about May 14, 2015, until on or about August 31, 2015, and at possible 
additional exhibitions or venues yet to be determined, is in the 
national interest. I have ordered that Public Notice of these 
Determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including 
lists of the exhibit objects, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: February 27, 2015.
Kelly Keiderling,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State
[FR Doc. 2015-05271 Filed 3-5-15; 8:45 am]
BILLING CODE 4710-05-P