alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Commonwealth v. Ringer

*288
      *Dennis L. Makel,*assistant district attorney, for the commonwealth.

*Samuel S. Pangbum,*for defendant.

January 16, 1989

GILMORE, *J.,*

—

This matter is before the court on defendant’s motion to dismiss the information. Defendant is charged with driving under the influence of alcohol or drugs. 75 Pa.C.S. §3731(a)(l) and (4).

The facts underlying the charges are not in dispute. Defendant was “operating” a three-wheeled, pedal-powered (tricycle) vehicle on Jefferson Avenue in the City of Washington. The circumstances of defendant operating the vehicle, while interesting, are not relevant. Defendant struck the rear of an automobile which resulted in the police being called. Defendant exhibited the usual signs of being under the influence and was taken to the city policy department for an intoxilyzer test. The results indicated a. 142 percent blood-alcohol content and defendant was charged with driving under the influence.

Defendant moves for dismissal ádvancing two arguments: (1) operating a tricycle does not constitute operating a vehicle within the meaning of 37 Pa.C.S. §3731; and (2) if technically it does, given the increased criminality associated with driving under the influence in the last several years as *289expressed by the legislature and the courts, coupled with the mandatory sentencing requirements (this is not this defendant’s first offense) it should not because defendant’s conduct is not the type of conduct, i.e. operating a motor vehicle capable of causing death or serious injury, which the law seeks to prevent.

The first argument is easily answered by the Vehicle Code itself.

75 Pa. C.S. §3731 provides:

“(a) *Offense defined*— A person shall not drive, operate or be in actual physical control of the movement of any *vehicle*while:

“(1) under the influence of alcohol to a degree which renders the person incapable of safe driving;” “(4) the amount of alcohol by weight in the blood of the person is .10 percent or greater.”

75 Pa.C.S. §102 provides:

“ ‘Vehicle’ as defined under the Vehicle Code is:

“ ‘Every device in, upon or by which ány person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.’ ”

“ ‘Pedacycle’ as defined under the Vehicle Code is:

“ ‘A vehicle propelled solely by human-powered pedals.’ ”

In *Olson v. Swain,*163 Pa. Super. 101, 60 A.2d 548 (1948), the Superior Court deemed a bicycle as a vehicle so far as its operation upon the public highways. This court can see no difference between two and three wheels except the usual age of the operator.

As to the second argument, it is undoubtedly true the legislature contemplated “motor” vehicles in drafting 75 Pa.C.S. §3731 and in particular the mandatory sentencing requirements. The act, how*290ever, states “vehicle” without elaboration. Given the statutory construction above stated this court must assume all vehicles are contemplated, otherwise the legislature could have easily qualified “vehicle” in drafting 75 Pa.C.S. §3731. See Statutory Construction Act, 1 Pa.C.S. § 1921(b).

ORDER

And now, January 16,1989, defendant’s motion is denied.
No. 09-1200.

#### Thomas Lamont Dyno, Petitioner v. SUNY Binghamton, et al.

560 U.S. 906, 130 S. Ct. 3297,

176 L. Ed. 2d 1187,

2010 U.S. LEXIS 3989.

May 17, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Second Circuit denied.
No. 11-6325.

#### Thomas McBarron, Petitioner v. United States.

565 U.S. 959, 132 S. Ct. 442,

181 L. Ed. 2d 287,

2011 U.S. LEXIS 7237.

October 11, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
OFFiCE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 
:2 . 

OBOO t&la utat%lcent 0~ lnqulre wbther or net 

yQur ctepurbmrs3nt ha6 the author 1 

Hew8 apust that Ion 

ty 

r 

to pay to the aatr&tt 

$m76.05 -- appro&!rila ,%a 

Of hl6 8nnual salary - 

therefor*
No. 09-9173.

#### Francisco Landeros, Petitioner v. California.

559 U.S. 1094, 130 S. Ct. 2374,

176 L. Ed. 2d 772,

2010 U.S. LEXIS 3642.

April 26, 2010.

Petition for writ of cer-tiorari to the Supreme Court of California denied.
[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9425-9426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4633]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-923-1310-FI; WYW160877]


Wyoming: Notice of Proposed Reinstatement of Terminated Oil and 
Gas Lease

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Proposed Reinstatement of Terminated Oil and Gas 
Lease.

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

SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 
3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a 
petition for reinstatement from Tatonka Oil & Gas, Inc. for competitive 
oil and gas lease WYW160877 for land in Weston County, Wyoming. The 
petition was filed on time and was accompanied by all the rentals due 
since the date the lease terminated under the law.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Julie L. 
Weaver, Acting Chief, Branch of Fluid Minerals Adjudication, at (307) 
775-6176.

SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease 
terms

[[Page 9426]]

for rentals and royalties at rates of $10.00 per acre, or fraction 
thereof, per year, and 16\2/3\ percent, respectively. The lessee has 
paid the required $500 administrative fee and $163 to reimburse the 
Department for the cost of this Federal Register notice. The lessee has 
met all the requirements for reinstatement of the lease as set out in 
Sections 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 
U.S.C. 188), and the Bureau of Land Management is proposing to 
reinstate lease WYW160877 effective August 1, 2008, under the original 
terms and conditions of the lease and the increased rental and royalty 
rates cited above. BLM has not issued a valid lease affecting the 
lands.

Julie L. Weaver,
Acting Chief, Branch of Fluid Minerals Adjudication.
 [FR Doc. E9-4633 Filed 3-3-09; 8:45 am]
BILLING CODE 4310-22-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7716

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TYRONE FOSTER DAVIS, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CR-91-48, CA-95-986-6-3AK, CA-97-1113-7-13) Submitted: July 2, 1998 Decided: July 20, 1998 Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Tyrone Foster Davis, Appellant Pro Se. E. Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. 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 hismotion to reopen the period for objecting to the report of the magistrate judge. We have reviewed the record and the district court’s order and find no reversible error. Accordingly, we affirm the decision of the district court. United States v. Davis , Nos. CR-91-48, CA-95-986-6-3AK, CA-97-1113-7-13 (D.S.C. Nov. 5, 1997). 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.

AFFIRMED
<PAGE>

                                                                    EXHIBIT 23.1

               CONSENT OF INDEPENDENT AUDITORS, ERNST & YOUNG LLP

We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 333-11825, 33-88156, 33-51056, 33-36787, 33-25897, 33-62807,
333-35487, 333-65567, 333-80453, 333-54056, 333-54058, 333-70146) pertaining to
the Amended and Restated 1984 Stock Option Plan, the Amended and Restated 1992
Employee Stock Purchase Plan, the Amended and Restated 1992 Stock Option Plan,
the GaSonics International Corporation 1994 Stock Option/Stock Issuance Plan,
the Gamma Precision Technology 1998 Stock Option Plan, the Novellus Systems,
Inc. 401(k) Plan and the 2001 Stock Incentive Plan of our report dated January
20, 2002, with respect to the consolidated financial statements and schedule of
Novellus Systems, Inc. included in the Annual Report (Form 10-K) for the year
ended December 31, 2001.

                                                           /s/ ERNST & YOUNG LLP

San Jose, California
March 20, 2002
No. 09-8916.

#### Roberto Aguilera-Soto, Petitioner v. United States.

559 U.S. 997, 130 S. Ct. 1752,

176 L. Ed. 2d 222,

2010 U.S. LEXIS 2247.

March 8, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 346 Fed. Appx. 899.
No. 09-10006.

#### Corey Evans, Petitioner v. United States.

559 U.S. 1115, 130 S. Ct. 2418,

176 L. Ed. 2d 940,

2010 U.S. LEXIS 3834.

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Seventh Circuit denied.

Same case below, 582 F.3d 787.
No. 09-9231.

#### Gerard D. Grandoit, Petitioner v. Cooperative for Human Services, Inc.

559 U.S. 1077, 130 S. Ct. 2111,

176 L. Ed. 2d 738,

2010 U.S. LEXIS 3307,

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the First Circuit denied.
No. 09-8562.

#### Roland Adams, Petitioner v. United States.

559 U.S. 960, 130 S. Ct. 1562,

176 L. Ed. 2d 148,

2010 U.S. LEXIS 1221.

February 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 333 Fed. Appx. 276.
No. 09-9333.

#### Guadalupe Cisneros-Mora, Petitioner v. United States.

559 U.S. 1054, 130 S. Ct. 2355,

2010 U.S. LEXIS 3078.

176 L. Ed. 2d 570,

April 5, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Seventh Circuit denied.
No. 09-9517.

#### Paul Payne, Petitioner v. Tim LeMaster, Warden, et al.

559 U.S. 1098, 130 S. Ct. 2384,

176 L. Ed. 2d 777,

2010 U.S. LEXIS 3596.

April 26, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Tenth Circuit denied.

*778Same case below, 351 Fed. Appx. 302.
[Federal Register Volume 74, Number 41 (Wednesday, March 4, 2009)]
[Notices]
[Pages 9429-9430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4525]


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

INTERNATIONAL TRADE COMMISSION

[USITC SE-09-006]


Government in the Sunshine Act Meeting Notice

Agency Holding the Meeting: United States International Trade 
Commission.

Time and Date: March 12, 2009 at 11 a.m.

Place: Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: 
(202) 205-2000.

Status: Open to the public.

Matters To Be Considered:
    1. Agenda for future meetings: None.
    2. Minutes.
    3. Ratification list.
    4. Inv. Nos. 731-TA-1014, 1016, and 1017 (Second Review) (Polyvinyl 
Alcohol from China, Japan, and Korea)--briefing and vote. (The 
Commission is currently scheduled to transmit its determinations and 
Commissioners' opinions to the Secretary of Commerce on or before March 
26, 2009.)
    5. Outstanding action jackets: None.
    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

    Issued: February 26, 2009.


[[Page 9430]]


    By order of the Commission.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. E9-4525 Filed 3-3-09; 8:45 am]
BILLING CODE 7020-02-P
NO. 07-01-0453 -CV IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L A AUGUST 1, 2002

______________________________ RUDOLPH BELTRAN, APP ELLANT

V. TROY A. BOW ERS AND NE LMA B. BOWERS D/B/A BOW ERS PLASTIC AND RUBBER, APPELLEES

_________________________________ FROM THE 23 7TH DIST RICT COURT OF LUBBOCK COUN TY; NO. 98-501,670; HON ORABLESAM MEDI NA, JUD GE

_______________________________ Before BOYD, C.J., and REAVIS and JOHNSON, JJ. ON AGREED MOTION T O DISMISS Pending before this Court is an agreed m otion to dismiss f iled by appellant Rudolph Beltran and appell ees Troy A. Bowers and Nelm a B. Bow ers d/b/a Bow

ers Plastic and Rubber by which they

represent they have agreed to a com promise set tlement agreem ent2

resolving all claims arising out of the cause of action com menced by Rudolph Beltran. We grant th e m otion and dism iss the a ppeal. Tex . R. A pp. P. 42.1(a)( 1). W ithoutpassing on the m erits of the case, the appeal is hereby dismissed. H aving dismissed theapp eal a t th e re que st of all par tie s, no m ot ion for rehearing will be entertained and our m andate will issue forthwith. Don H. Reavis Justice Do not publish.
No. 09-8841.

#### Ronald Dee O’Neal, Petitioner v. Ray Hobbs, Interim Director, Arkansas Department of Correction.

559 U.S. 1016, 130 S. Ct. 1941,

176 L. Ed. 2d 382,

2010 U.S. LEXIS 2742.

March 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
No. 09-9251.

#### Erik Donaire Constanza Bran, Petitioner v. United States.

559 U.S. 1025, 130 S. Ct. 1931,

176 L. Ed. 2d 397,

2010 U.S. LEXIS 2388.

March 22, 2010.

Petition for writ of certiorari to the United States Court of *398Appeals for the District of Columbia Circuit denied.

Same case below, 353 Fed. Appx. 446.
No. 09-8951.

#### Catherine Wanjiku Kabui, Petitioner v. Eric H. Holder, Jr., Attorney General.

559 U.S. 1041, 130 S. Ct. 2071,

176 L. Ed. 2d 422,

2010 U.S. LEXIS 2775.

March 29, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Same case below, 349 Fed. Appx. 835.
CERTIFICATIONS
                                                                    EXHIBIT 31.1

      I, Fred B. Zaziski, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Falcon Natural Gas
Corp.

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material 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 misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have;

(a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;

(b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrant's internal control
over financial reporting that occurred during the period covered by this
quarterly report that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):

(a) All significant deficiencies and material weakness in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

      Date: November 18, 2005             /s/ Fred B. Zaziski
                                          ------------------------
                                          Fred B. Zaziski
                                          Principal Executive Officer
No. 09-8986.

#### Joan Ochei, Petitioner v. All Care/Onward Healthcare, et al.

559 U.S. 1072, 130 S. Ct. 2099,

176 L. Ed. 2d 731,

2010 U.S. LEXIS 3322,

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Second Circuit denied.
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 Quarterly Report of Terra Nostra Resources Corp.  (the Company) on Form 10-QSB for the period ended November 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Donald Nicholson, President and Principal Executive Officer, certify, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date:  January 19, 2007

By:  /s/ Donald Nicholson

Name: Donald Nicholson

Title:    President (Principal Executive Officer)
No. 09-8303.

#### Carlos L. Woodson, aka Carlo L. Woodson, Petitioner v. Katherine Rundle-Fernandez, State Attorney.

559 U.S. 980, 130 S. Ct. 1705,

176 L. Ed. 2d 194,

2010 U.S. LEXIS 2144.

March 1, 2010.

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

Same case below, 19 So. 3d 987.
No. 09-1182.

#### Jayshree Patel, Petitioner v. United States.

560 U.S. 906, 130 S. Ct. 3296,

176 L. Ed. 2d 1187,

2010 U.S. LEXIS 3985.

May 17, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 354 Fed. Appx. 216.
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 of Innovative Solutions and Support, Inc. (the "Company") on Form 10-K for the
period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned officers of the Company, certify, pursuant to
18 U.S.C. § 1350, as adopted pursuant to § 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/ GEOFFREY S. M. HEDRICK Geoffrey S. M. Hedrick Chief Executive Officer and DirectorDecember 14, 2009/s/ JOHN C. LONG John C. Long Chief Financial OfficerDecember 14, 2009


---



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This schedule contains Summary Financial information extracted from the
Consolidated Financial Statements included in the 1997 Oryx Energy Company
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