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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7672

CURTIS J. BROWN, SR.,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF

THE STATE OF SOUTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge.

(CA-97-2199-2-18-AJ)

Submitted: February 26, 1998 Decided: March 20, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Curtis J. Brown, Sr., Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.

1997). We have reviewed the record and the district court's opinion

accepting the recommendation of the magistrate judge and find no

reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court.

Brown v. South Carolina, No. CA-97-2199-2-18-AJ (D.S.C. Nov. 10,

1997). We deny Brown's motions for appointment of counsel and an

injunction. 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.

DISMISSED
Exhibit 32.2

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 of Tumbleweed Communications Corp. (Tumbleweed) on Form 10-K
for the year ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), Timothy G. Conley, as Senior Vice President of Finance and Chief Financial Officer of Tumbleweed, hereby
certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, 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 Tumbleweed.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 17, 2008



|                                                            
|------------------------------------------------------------
|/S/    TIMOTHY G.
CONLEY                                    
|Timothy G. Conley                                           
|Senior Vice President of Finance and Chief Financial Officer
***Exhibit
      32.1 – CEO 906 Certification***




**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 of NeoMedia Technologies, Inc. (the “Company”)
      on Form 10-K for the fiscal year ended December 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, William
      J. Hoffman, 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) 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 operation of the Company.





Date: March
                27, 2008
            */s/
                William J. Hoffman*William
                J. HoffmanChief
                Executive Officer
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Page 17430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07445]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than April 16, 2015.
    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, 
Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. Joel Sanders, Oakland, California, and James N. Sanders, 
Plymouth, Minnesota, as trustees of the Joel Sanders GRAT dated 
December 1, 2014, Oakland, California (GRAT); Sheva Sanders, 
Minneapolis, Minnesota, as a voting member of Rifkind Sanders, LLC, 
Minneapolis, Minnesota (LLC); Miriam Sanders, Minneapolis, Minnesota, 
as trustee of the Disclaimer Trust, Minneapolis, Minnesota (Disclaimer 
Trust); and Jerel Shapiro and Judith Shapiro, both of Minneapolis, 
Minnesota, as trustees of both the Judith T. Shapiro GST Trust, 
Minneapolis, Minnesota (JTS Trust), and the Jonathan J. Tychman Non-
Exempt Trust, Minneapolis, Minnesota (JJT Trust), for retroactive 
permission for the GRAT, LLC, Disclaimer Trust, JTS Trust, and JJT 
Trust to join the Tychman/Sanders group, which controls 25 percent or 
more of The Tysan Corporation, Minneapolis, Minnesota, and thereby 
indirectly gain control of Lake Community Bank, Long Lake, Minnesota, 
and Pine Country Bank, Little Falls, Minnesota.
    In addition, Jerel Shapiro and Judith Shapiro individually, and as 
trustees, of several Tychman/Sanders Group Trusts, to retain 25 percent 
or more of the shares of The Tysan Corporation, Minneapolis, Minnesota.

    Board of Governors of the Federal Reserve System, March 27, 
2015.
Michael J. Lewandowski,
Assistant Secretary of the Board.
[FR Doc. 2015-07445 Filed 3-31-15; 8:45 am]
 BILLING CODE 6210-01-P
[773 NYS2d 306]

#### In the Matter of Jessica Allen, an Attorney, Respondent. Grievance Committee for the Second and Eleventh Judicial Districts, Petitioner.

Second Department,

March 15, 2004

APPEARANCES OF COUNSEL

*Diana Maxfield Kearse,*Brooklyn *(Susan Korenberg*of counsel), for petitioner.

*51OPINION OF THE COURT

Per Curiam.

On August 1, 2003, the respondent was found guilty after a trial in the County Court, Suffolk County, of grand larceny in the third degree, a class D felony in violation of Penal Law § 155.35, and two counts of making an apparently false sworn statement in the first degree, a class E felony in violation of Penal Law § 210.40. She was sentenced on October 28, 2003, to a term of imprisonment of two to six years.

Pursuant to Judiciary Law § 90 (4) (a), the respondent ceased to he an attorney upon her conviction of a felony. By virtue of her felony conviction, she was automatically disbarred. Accordingly, the petitioner’s motion to strike the respondent’s name from the roll of attorneys and counselors-at-law is granted, without opposition, effective immediately.

Prudenti, P.J., Ritter, Santucci, Altman and Mastro, JJ., concur.

Ordered that pursuant to Judiciary Law § 90, effective immediately, the respondent, Jessica Allen, is disbarred, and her name is stricken from the roll of attorneys and counselors-at-law; and it is further,

Ordered that the respondent shall comply with this Court’s rules governing the conduct of disbarred, suspended, and resigned attorneys *(see*22 NYCRR 691.10); and it is further,

Ordered that pursuant to Judiciary Law § 90, effective immediately, Jessica Allen is commanded to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, judge, justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law.
Exhibit 32.1 CERTIFICATION OF THE ACTING PRINCIPAL EXECUTIVE OFFICER PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002


By signing below, the Acting Principal Executive Officer hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to his knowledge, (i) this report on Form
10-QSB fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and (ii) the information contained in this
report fairly presents, in all material respects, the financial condition and
results of operations of Hybrid Fuels Inc.



Signed this 22nd day of May 2006:



By: /s/ Douglas Dickie
--------------------------------
Douglas Dickie
Acting Principal Executive Officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Hybrid Fuels Inc. and will be
retained by Hybrid Fuels Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
J-S87012-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

ROBERT ERIN DEHART,

Appellant No. 1153 MDA 2016

Appeal from the Judgment of Sentence June 2, 2016

in the Court of Common Pleas of Columbia County

Criminal Division at No.: CP-19-CR-0000079-2015

BEFORE: LAZARUS, J., SOLANO, J., and PLATT, J.*

JUDGMENT ORDER BY PLATT, J.: FILED DECEMBER 08, 2016

Appellant, Robert Erin Dehart, appeals from the judgment of sentence 

imposed following his guilty plea to seven counts of sexual abuse of children 

by possession of child pornography. Appellant claims his sentence violates 

the federal constitutional prohibition against cruel and unusual punishments 

and the Commonwealth constitutional prohibition against cruel punishments. 

We affirm. 

Appellant entered a guilty plea to seven counts of sexual abuse of 

children (possession of child pornography) pursuant to 18 Pa.C.S.A. 

§ 6312(d). He had previously been convicted of possession of child 

pornography and sentenced under the federal criminal code. Because this 

____________________________________________

* Retired Senior Judge assigned to the Superior Court.
J-S87012-16

- 2 -

was Appellant’s second conviction for possession of child pornography, the 

trial court sentenced him to concurrent terms of not less than twenty-five 

years nor more than fifty years of incarceration, pursuant to 42 Pa.C.S.A. 

§ 9718.2. This timely counseled appeal followed the denial of his petition for 

reconsideration of sentence.1 

Appellant raises one question for our review:

1. [Did Appellant’s] sentence under the mandatory provisions of 

section 9718.2 of the sentencing code violate[ ] the prohibition 

of cruel and unusual punishment contained in the Eighth 

Amendment to the United States constitution and the prohibition 

against “cruel punishments” contained in Article I, Section 13 of 

the Pennsylvania constitution[?]

(Appellant’s Brief, at 6) (unnecessary capitalization omitted).

The constitutionality of a statute is a question of law. Our standard of 

review is de novo and our scope of review is plenary. See Commonwealth 

v. Baker, 78 A.3d 1044, 1047 n.3 (Pa. 2013). 

Appellant argues that his sentence violates constitutional principles of 

proportionality. The issues and the arguments he raises are virtually 

identical to those previously raised in Baker, supra. Baker controls this 

appeal. See id. at 1052 (holding minimum sentence of twenty-five years’ 

imprisonment does not lead to inference of gross disproportionality). 

Judgment of sentence affirmed. 

____________________________________________

1 Appellant and the trial court both complied with the provisions of Pa.R.A.P. 

1925. 
J-S87012-16

- 3 -

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 12/8/2016
#### Commonwealth v. Gallagher

*Sidney M. DeAngelis,*of *Bean, DeAngelis, Kaufman*& *Frishberg,*for plaintiff.

*Martin J. Cunningham, Jr.,*of *Henderson, Wetherill, O’Hey & Horsey,*for defendant.

August 12, 1977

STEFAN, J.,

In this action for nonsupport instituted by plaintiff, Myra Gallagher, pursuant to the Act of December 6, 1972, P.L. 1482, sec. 1, 18 C.P.S.A. §4322, the defendant, Robert F. Gallagher, has filed a motion to dismiss under Pa. R. Crim. P. 1100.

Support actions instituted under the criminal support laws of this state have consistently been characterized as quasi-criminal summary proceedings: Com. ex rel. Friedman v. Friedman, 223 Pa. Superior Ct. 66, 297 A.2d 158 (1972); Com. ex rel. O’Gara v. O’Gara, 198 Pa. Superior Ct. 405, 181 A.2d 723 (1962); Com. v. McAlaine, 193 Pa. Superior Ct. 27, 163 A.2d 711 (1960); Com. ex rel. Bundy v. Bundy, 159 Pa. Superior Ct. 153, 47 A.2d 537 (1946). These cases were decided under the old act (Act of June 24, 1939, P.L. 872, §733, as amended, 18 P.S. §4733) which was substantially the same as the one now in effect. The language of the acts themselves, both old and new, characterizes the hearing on the cause as a summary proceeding.

*401In two of the above-cited cases, specific rules of criminal procedure were held not to apply to such support proceedings: right to summation in Friedman; and right to counsel in O’Gara. The most recent case on the subject of the application of the criminal rules of procedure to summary proceedings, and in fact the only case specifically on Rule 1100, although not a support matter, is Commonwealth v. Bush (No. 2), 68 D.&C. 2d 690 (1975). The court therein held that the provisions of Rule 1100 relate to indictable offenses only and not to summary proceedings.

We are in accord with the holding in these cases and can find no reasonable purpose to be served by applying Rule 1100 to a support proceeding, which proceeding, if dismissed under the rule, could simply be reinstituted, thereby creating further delay; delay which Rule 1100 is, in fact, designed to prevent.

ORDER

And now, August 12, 1977, after argument, defendant’s motion to dismiss under Rule 1100 of the Pennsylvania Rules of Criminal Procedure is dismissed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

 v.

JOSE HERNANDEZ, 

Defendant-Appellant.

No. 15-50148

D.C. No. 3:14-cr-02812-AJB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Anthony J. Battaglia, District Judge, Presiding

Submitted July 26, 2016** 

Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges. 

Jose Hernandez appeals from the district court’s judgment and challenges

the 46-month sentence imposed following his guilty-plea conviction for

importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We

have jurisdiction under 28 U.S.C. § 1291, and we affirm. 

FILED

AUG 01 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Hernandez contends that the district court procedurally erred by relying on

clearly erroneous facts in sentencing. See United States v. Carty, 520 F.3d 984,

993 (9th Cir. 2008) (en banc). Specifically, he argues that the government

misrepresented his actions leading up to the offense and that the misrepresentation

may have caused the district court to deny his request for a minor-role adjustment

under U.S.S.G. § 3B1.2(b). The record does not support this contention. Although

the government erroneously stated that Hernandez had admitted to smuggling

suspicious packages into the United States on prior occasions, defense counsel

corrected the misrepresentation during the hearing. Moreover, the record reflects

that the district court’s minor-role decision was based on the steps Hernandez took

to prepare for the offense, rather than the government’s misrepresentation. 

AFFIRMED. 

2 15-50148
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41687

Summary Calendar 

UNITED STATES OF AMERICA, 

Plaintiff-Appellee 

v. 

LUGARDO VAZQUEZ-HERNANDEZ, 

Defendant-Appellant 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 2:15-CR-507-1 

Before REAVLEY, OWEN, and ELROD, Circuit Judges. 

PER CURIAM:*

Lugardo Vazquez-Hernandez pleaded guilty to illegal reentry and was 

sentenced to 18 months of imprisonment. His sentence was based in part on 

an eight-level enhancement for an aggravated felony pursuant to U.S.S.G. 

§ 2L1.2(b)(1)(C). The enhancement was imposed because Vazquez-Hernandez 

was convicted in Texas, prior to his removal, of assault of a public servant. 

Vazquez-Hernandez argues that the district court erred by characterizing the 

 

* 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 6, 2016

Lyle W. Cayce

Clerk

 Case: 15-41687 Document: 00513786238 Page: 1 Date Filed: 12/06/2016
No. 15-41687

2 

Texas offense of assault of a public servant as an aggravated felony under 8 

U.S.C. § 1101(a)(43)(F) for the purposes of convicting and sentencing him 

under 8 U.S.C. § 1326(b)(2). Relying on Johnson v. United States, 135 S. Ct. 

2551 (2015), Vazquez-Hernandez argues that the definition of a crime of 

violence in 18 U.S.C. § 16(b), which is incorporated by reference into 

§ 1101(a)(43)(F)’s definition of an aggravated felony, is unconstitutionally 

vague on its face. 

The Government has filed an unopposed motion for summary 

affirmance, urging that Vazquez-Hernandez’s arguments are foreclosed by our 

recent decision in United States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 

2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). The 

Government is correct.1 See id. Accordingly, the motion for summary 

affirmance is GRANTED, and the district court’s judgment is AFFIRMED. 

The Government’s alternative motion for an extension of time to file a brief is 

DENIED. 

 

1 The recent grant of certiorari by the United States Supreme Court on the issue 

whether § 16(b) is unconstitutional in light of Johnson in Lynch v. Dimaya, ___ S. Ct. ___, 

2016 WL 3232911 (Sept. 29, 2016) (No. 15-1498), does not alter our analysis. This court is 

bound by its own precedent unless and until that precedent is altered by a decision of the 

Supreme Court. See Wicker v. McCotter, 798 F.2d 155, 157-58 (5th Cir. 1986).

 Case: 15-41687 Document: 00513786238 Page: 2 Date Filed: 12/06/2016
EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement
No. 333-27973 of Weider Nutrition International, Inc. on Form S-8 of our report
dated August 18, 2000, appearing in this Annual Report on Form 10-K of Weider
Nutrition International, Inc. for the year ended May 31, 2000.

Our audits of the consolidated financial statements referred to in our
aforementioned report also included the financial statement schedule of Weider
Nutrition International, Inc., listed in Item 14. This financial statement
schedule is the responsibility of the Company's management. Our responsibility
is to express an opinion based on our audits. In our opinion, such financial
statement schedule, when considered in relation to the basic financial
statements taken as a whole, presents fairly in all material respects the
information set forth therein.

DELOITTE & TOUCHE LLP

Salt Lake City, Utah
August 28, 2000
Exhibit CFO Annountment Press Release












CTPartners Executive Search Inc. Appoints William J. Keneally Chief Financial Officer 


NEW YORK - April 18, 2013 - CTPartners Executive Search Inc. (NYSE MKT:CTP), a leading executive search firm,  announced the appointment of William J. Keneally as Chief Financial Officer. In this role, he will be responsible for CTPartners' global finance functions, including financial planning and analysis, controllership, tax,  treasury, and investor relations, reporting directly to Brian Sullivan, Chief Executive Officer. David Nocifora, who previously held the position of Chief Financial Officer and Chief Operating Officer will now focus solely on his role as Chief Operating Officer.


“Bill brings more than 25 years of experience in global finance, accounting and the public capital markets  to the CTPartners team,” stated Brian Sullivan. “Bill will make a significant contribution to our financial planning and reporting  process, and  acquisition analysis, both of which are integral parts of our growth strategy. As we continue on our path to expand our operating margin and grow revenue, Bill's financial acumen and corporate business leadership will be invaluable assets to our team.”


Mr. Keneally spent four years in London with Gullivers Travel Associates by Travelport, then majority-owned by Blackstone Group, as Chief Financial Officer & Senior Vice President, where he directed the global finance function.   In his capacity as CFO, Mr. Keneally was responsible for all financial reporting requirements for the company's publicly-traded debt.  Previously, he held senior finance and accounting positions at Elizabeth Arden, and Inter-Continental Hotels & Resorts and was a Managing Partner at BDO Seidman. Keneally began his career at Arthur Andersen and is a certified public accountant.


“CTPartners is one of the top executive search firms in the world”, said Bill Keneally. “I'm thrilled to join the Company at a time when it's poised for such growth, and I look forward to working with Brian and the entire CTPartners team.” 


About CTPartners


CTPartners is a leading performance-driven executive search firm serving clients across the globe. Committed to a philosophy of partnering with its clients, CTPartners offers a proven record in C-Suite, senior executive, and board searches, as well as expertise serving private equity and venture capital firms.
 
With origins dating back to 1980, CTPartners serves clients with a global organization of more than 400 professionals and employees, offering expertise in board advisory services and executive recruiting services in the financial services, life sciences, industrial, professional services, retail and consumer, and technology, media and telecom industries.  Headquartered in New York, CTPartners has 22 offices in 15 countries.
 
www.ctnet.com


Contact: 









CTPartners
Jennifer Silver
617-316-5527
jsilver@ctnet.com


Investors
Michael Polyviou/Robert Jones                
EVC Group                        
212-850-6020                        
mpolyviou@evcgroup.com


Media
Janine McCargo
EVC Group
212-646-0425
jmccargo@evcgroup.com