alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 20341 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

RANDALL COREY BORDEN

,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11

- CR

- 253

- 1

Before J OLLY, PRADO, and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Randall Corey Borden has moved

for leave to withdraw and has filed a brief in accordance with Anders v.
California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th
Cir. 2011). Borden h a s not filed a response . We have reviewed counsel’s brief
and the relevant portions of the record reflected therein. We concur with
counsel’s assessment that the appeal presents no nonfrivolous issue for

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 21, 2017
Lyle W. Cayce Clerk Case: 16-20341 Document: 00513884114 Page: 1 Date Filed: 02/21/2017No. 16

- 20341

2 appellate review. Accordingly, counsel’s motion for leave to withdraw is
GRANTED, counsel is excused from further responsibilities herein, and the

APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-20341 Document: 00513884114 Page: 2 Date Filed: 02/21/2017
No. 09-10891.

#### Joe Daniel Holt, Jr., Petitioner v. Gary Hetzell, Warden, et al.

562 U.S. 855, 131 S. Ct. 117,

178 L. Ed. 2d 72,

2010 U.S. LEXIS 5996.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Exhibit 31.1
**CERTIFICATIONS**
I, Craig J. Cerny, certify that:
 1.  I have reviewed this quarterly report on Form 10-Q of Harrington West FinancialGroup, Inc.;  2.  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3.  Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;  4.  The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e) for the registrant and have:
 (a)  Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries,is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;  (b)  Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by thisreport based on such evaluation; and  (c)  Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
 5.  The registrant’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board of directors(or persons performing the equivalent function):
 (a)  All significant deficiencies and materialweaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and  (b)  Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal controls over financialreporting.        Date:  May 10, 2005 /s/ Craig J. Cerny   Craig J. Cerny, Chief Executive Officer
#### The People of the State of New York, Respondent, v Lataya Davis, Appellant.

[58 NYS3d 25]

Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered September 13, 2012, convicting defendant, upon her plea of guilty, of criminal possession of a weapon in the third degree, and sentencing her, as a second felony offender, to a term of three to six years, unanimously affirmed.

Defendant did not make a valid waiver of her right to appeal *(see People v Powell,*140 AD3d 401 [1st Dept 2016], *lv denied*28 NY3d 1074 [2016]; *People v Santiago,*119 AD3d 484 [1st Dept 2014], *lv denied*24 NY3d 964 [2014]). However, we find that the court properly denied defendant’s suppression motion. *589There is no basis for disturbing the hearing court’s credibility determinations. The police encounter with defendant, which led to probable cause for her arrest, was not a seizure requiring reasonable suspicion, notwithstanding that it involved a direction to stop *(see People v Reyes,*83 NY2d 945 [1994], *cert denied*513 US 991 [1994]; *People v Bora,*83 NY2d 531, 535-536 [1994]), and some incidental physical contact *(see People v Francois,*61 AD3d 524 [1st Dept 2009], *affd*14 NY3d 732 [2010]). Defendant did not preserve her claim that the police unlawfully searched her bag after her arrest, and we decline to review it in the interest of justice.

Concur — Friedman, J.P., Richter, Moskowitz, Gische and Kapnick, JJ.
# What the holidays mean to me: Philip Smith

/ Published Dec. 17, 2020
RICHMOND, VA, 
*During the month of December, DLA Aviation Public Affairs will be running a special series of stories titled What the Holidays Mean to Me. The purpose is to spotlight members of the DLA Aviation workforce during the holidays.*

**Name:** Philip Smith

**Organization:** DLA Aviation- Jacksonville

**What is your job title, and what do you do, specifically?** I’m an avionics/flight controls/hydraulics supervisor. I manage a team of 12 awesome professionals who push daily to expedite material for repairs to a myriad of navy aircraft and end item components.

**What do the holidays mean to you?**To me, the holidays mean family. All of us have two families...we have the one at home that we spend our weekends and evenings living and loving with, and then we have the one at work, who becomes part of your extended family over time, sharing laughs and stories. Both families play important roles in our lives and can have a huge impact on the other. Christmas is when we should all to come together and celebrate life and the spirit of giving.

**What are your fondest holiday memories?**My dad was a truck driver and was gone for extended periods of time when I was a child. Always seeing him home every Christmas Eve and morning meant the world to me. He never missed a single one, even flying home to make it on time.

**What is your favorite holiday tradition**? My favorite holiday tradition is decorating the tree, the yard and of course, the house!

**Name your favorite holiday song and why it’s your favorite?** My favorite holiday song is “Snoopy Vs. the Red Baron” by the Royal Guardsmen. It’s always been my favorite for as long as I can remember. It never seems to get much airplay, so whenever it does come on, I stop what I’m doing and enjoy it.
No. 09-11481.

#### Steven Crain, Petitioner v. Matthew Heifner.

562 U.S. 883, 131 S. Ct. 207,

178 L. Ed. 2d 124,

2010 U.S. LEXIS 6754,

October 4, 2010.

Petition for writ of certiorari to the Supreme Court of Nevada denied.

Same case below, 126 Nev. 703.
McBeath is appointed first civilian acting commander of DLA Support Team — Afghanistan
 
  By Dawn Bonsell, DLA Distribution Public Affairs Officer
  Defense Logistics Agency Distribution’s Debra McBeath was appointed acting commander, DLA Support Team — Afghanistan, by Army Col. Hattie L. Richardson, commander, DLA CENTCOM & SOCOM, June 26. McBeath has served as deputy commander of DST — Afghanistan since March 2020 and now takes on the responsibilities of command leadership, where she is expected to maintain and enforce the battle rhythm and command policies while also ensuring continued mission accomplishment and the safety of DLA Support Team employees until Army Lt. Col. Scott Montoya assumes command this fall. According to Richardson, McBeath is the “first-ever” civilian that DLA has appointed as the acting DLA Support Team commander, a commendable event and a testament of her abilities to carry out the responsibilities of this magnitude as the acting commander. “I have had an opportunity to observe Debra’s abilities while she served as the deputy commander, and I didn’t think twice when I chose her to serve as my acting commander. I am confident that she will do a great job and will continue to lead our DLA team in delivering the most premiere logistics capabilities to our warfighters in the theater. During these turbulent times, in the theater and around the globe, Deb is the right leader to lead DLA Support Team-Afghanistan to continued mission success,” Richardson said. The DLA Support Team — Afghanistan supports the warfighter across the Combined Joint Operations Area–Afghanistan and is the primary touchpoint for a myriad of services to the warfighter, from meeting the basic subsistence needs of soldiers, sailors, airmen, marines and civilians assigned across the CJOA, to ensuring that the fuel needed to operate all types of vehicles gets from storage facilities to the local fueling stations. DLA provides bulk food subsistence in support of 13 dining facilities spread across the CJOA-A. Most of the food is flown into the country from Kuwait or Dubai to Bagram Airfield Base, then trucked to the Anham storage and distribution center, a sprawling, multifaceted, four-football field-sized warehouse facility 3 kilometers from Bagram. Although DLA Support Team — Afghanistan serves as the operational control and primary customer touchpoint for the warfighters in Afghanistan, it relies heavily on a worldwide DLA enterprise, comprising six primary-level field activities, one strategic-materials unit, three business-services units and three regional DLA commands.
<TABLE> <S> <C>

<ARTICLE> 9
       
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<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                          55,354
<INT-BEARING-DEPOSITS>                       1,082,543
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  3,115,652
<INVESTMENTS-CARRYING>                       3,000,155
<INVESTMENTS-MARKET>                         3,057,104
<LOANS>                                     29,563,296
<ALLOWANCE>                                    151,868
<TOTAL-ASSETS>                              37,816,075
<DEPOSITS>                                  29,097,684
<SHORT-TERM>                                 2,600,000
<LIABILITIES-OTHER>                            163,259
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                         3,968
<OTHER-SE>                                   5,951,164
<TOTAL-LIABILITIES-AND-EQUITY>              37,816,075
<INTEREST-LOAN>                              2,324,377
<INTEREST-INVEST>                              378,710
<INTEREST-OTHER>                               100,052
<INTEREST-TOTAL>                             2,802,923
<INTEREST-DEPOSIT>                           1,617,919
<INTEREST-EXPENSE>                           1,740,846
<INTEREST-INCOME-NET>                        1,062,077
<LOAN-LOSSES>                                   17,000
<SECURITIES-GAINS>                                 938
<EXPENSE-OTHER>                                761,067
<INCOME-PRETAX>                                325,551
<INCOME-PRE-EXTRAORDINARY>                           0
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<LOANS-NON>                                          0
<LOANS-PAST>                                   485,000
<LOANS-TROUBLED>                                     0
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<ALLOWANCE-OPEN>                               143,349
<CHARGE-OFFS>                                    9,950
<RECOVERIES>                                     1,469
<ALLOWANCE-CLOSE>                              151,868
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        151,868
        

</TABLE>
#### The People of the State of New York, Respondent, v Cardale Walker, Appellant.

[769 NYS2d 435]

Appeal from a judgment of Cayuga County Court (Fandrich, J.), entered July 2, 2002, convicting defendant upon his plea of guilty of promoting prison contraband in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of promoting prison contraband in the first degree (Penal Law § 205.25 [2]). By pleading guilty, defendant forfeited his contention that County Court erred in denying his motion to dismiss the indictment on the ground that the prosecutor violated 7 NYCRR 251-3.1 (d) (1) by using statements that defendant made at a prison disciplinary hearing against him at the grand jury proceeding *(see People v Nagle,*308 AD2d 390 [2003]; *see also People v Hansen,*95 NY2d 227, 231-232 [2000]). The additional contention of defendant that he was deprived of his constitutional right to a speedy trial *(see*CPL 30.20) is not supported by the record inasmuch as the alleged eight-month preindictment delay is not inordinately long and defendant can point to no demonstrable prejudice arising from the delay *(see People v Pratt,*303 AD2d 843, 843-844 [2003], *lv denied*99 NY2d 657 [2003]; *see generally People v Taranovich,*37 NY2d 442, 444-445 [1975]). Present—Pine, J.P., Wisner, Hurlbutt, Kehoe and Hayes, JJ.
# DoT- 

# os r:- :J. 003 - 

# 1'17 

# U3 Devany, Dennis (OST) From: Gloria Trombly [TromG@twcny.rr.com] 

### Sent:**Tue~day,** February 16, 2010 8:30 PM 

## Td:'·' .. Dayany, Dennis (OST); Swanson, Brian (OST) 

### Subject: Plattsburgh, N.Y. airport 

# .".**'.{""~,~:::_** .i h

ASa'taxpayer of Clinton County, New York I object to the change in aircarriers being made in Plattsburgh. Cape Air has a good record anddoes npt fly atfull capacity. There is no need to use a larger plane with more expensive rates. Ithink therewastrickery done to get it passed and should not be allowed to change.



# ...

1
<TABLE> <S> <C>

<ARTICLE>                                           7

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Sep-30-2000
<DEBT-HELD-FOR-SALE>                           13,822,549
<DEBT-CARRYING-VALUE>                          0
<DEBT-MARKET-VALUE>                            0
<EQUITIES>                                     505,569
<MORTGAGE>                                     0
<REAL-ESTATE>                                  0
<TOTAL-INVEST>                                 15,946,494
<CASH>                                         2,563,146
<RECOVER-REINSURE>                             16,089,575
<DEFERRED-ACQUISITION>                         (215,807)
<TOTAL-ASSETS>                                 64,527,013
<POLICY-LOSSES>                                14,839,403
<UNEARNED-PREMIUMS>                            20,366,233
<POLICY-OTHER>                                 0
<POLICY-HOLDER-FUNDS>                          1,411,466
<NOTES-PAYABLE>                                3,294,835
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       198,610
<OTHER-SE>                                     17,854,089
<TOTAL-LIABILITY-AND-EQUITY>                   64,527,013
<PREMIUMS>                                     16,638,227
<INVESTMENT-INCOME>                            1,250,248
<INVESTMENT-GAINS>                             (233,745)
<OTHER-INCOME>                                 2,349,874
<BENEFITS>                                     15,911,658
<UNDERWRITING-AMORTIZATION>                    2,885,391
<UNDERWRITING-OTHER>                           11,444,018
<INCOME-PRETAX>                                (10,236,463)
<INCOME-TAX>                                   (3,888,400)
<INCOME-CONTINUING>                            (6,348,063)
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<PROVISION-CURRENT>                            15,097,234
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<PAYMENTS-CURRENT>                             9,236,504
<PAYMENTS-PRIOR>                               9,913,881
<RESERVE-CLOSE>                                9,049,598
<CUMULATIVE-DEFICIENCY>                        802,868



</TABLE>
EXHIBIT 32.1

 CERTICATION 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 Tilden Associates, Inc. (the "Company")
on Form10-KSB for the period ending December 31, 2006 as filed with the
Securities and Exchange Commission on April 14, 2006 (the "Report"), I, Robert
Baskind, Chairman, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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 results of operations of the Company.


/s/ ROBERT BASKIND
-----------------------
Robert Baskind,
Chairman, President, Chief Executive Officer
and Chief Financial Officer
Date:  April 17, 2007
# Troop Support employees celebrate Dr. Martin Luther King Jr.’s legacy during virtual observance event

/ Published Jan. 26, 2021
PHILADELPHIA, 
Defense Logistics Agency Troop Support employees celebrated the legacy of civil rights leader Dr. Martin Luther King Jr. during a virtual observance event Jan. 14.

The national theme of Martin Luther King Jr. Day, “Remember! Celebrate! Act! A Day On, Not a Day Off!” is observed each year on the third Monday in January, said DLA Troop Support Commander Army Brig. Gen. Gavin Lawrence.

“Thirty-eight years ago, in 1983, former President Ronald Reagan signed a bill into law to honor the birth, the life and the dream of Dr. King,” Lawrence said. “MLK Jr. Day is the only federal holiday designated as a national day of service to encourage all Americans to volunteer to improve their communities.”

During the event, guest speaker Paul Berry presented King’s “Letter From a Birmingham Jail.”

On April 13th, 1963, King and nearly 50 other protestors and civil rights leaders were arrested after leading a Good Friday demonstration designed to bring national attention to the brutal, racist treatment suffered by Black people in one of the most segregated cities in America—Birmingham, Alabama, Lawrence explained.

King penned the famous letter three days later in response to an open letter, written by eight local Christian and Jewish religious leaders, who criticized the civil rights demonstrations, and King himself, considering him an outside agitator.

“My friends, I must say to you that we have not made a single gain in civil rights without legal and nonviolent pressure,” Berry recited from King’s letter. “History is the long and tragic story of the fact that privileged groups seldom give up their privileges voluntarily.

“Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all of their scintillating beauty.”

Berry is a community leader in the Washington D.C. area and former co-anchor of WJLA’s “Crime Solvers” and “Seven on Your Side,” which he co-anchored for more than 20 years.

The observance event was hosted by DLA Troop Support Equal Employment Opportunity and Diversity and Naval Supply Systems Command Weapons Systems Support EEO Advisory Committees.
EXHIBIT 4.1

 


	 	
 COMMON STOCK

	 	BOVIE
Medical Corporation
	 	 
	
 Number
	 
	 	 
	 	 INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE
	 	 
	 	This
Certifies
that
	 	 
	 	is the
owner of
	 	 
	 	FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK OF THE PAR VALUE OF $.001 PER SHARE OF
	 	 
	
BOVIE MEDICAL CORPORATION

	 	 
	 	(hereinafter called the “Corporation”) transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This Certificate and the shares represented hereby Are issued and shall be held subject to all the provisions of the Certificate of Incorporation and By-Laws of the Corporation and the amendments from time to time made thereto, copies of which are or will be on file at the principal office of the Corporation, to all of which the holder by acceptance hereof
assents.
This Certificate is not valid unless countersigned by the Transfer Agent and Registrar.
	 	    WITNESS the facsimile seal of the Corporation and the facsimile signature of its duly authorized officers.
	 	 
	 	Dated:
	 	 
	 	    Countersigned and Registered:
	 	
 PRESIDENT

	 	    MANHATTAN TRANSFER REGISTRAR CO.
	 	            (HOLBROOK, N.Y.)
	 	
 CHAIRMAN

	 	 
	 	                    Transfer Agent
                    and Registrar
	 	 
	 	                    Authorized Signature