alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered June 1, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01591-CR

CHARLES LEE GALLAMORE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1

Collin County, Texas

Trial Court Cause No. 001-85499-2013

ORDER

The Court REINSTATES the appeal.

On May 8, 2015, we ordered the trial court to make findings regarding the reporter’s 

record and whether appellant is indigent. We ADOPT the findings that: (1) appellant is 

indigent; (2) appellant is entitled to proceed without payment for the reporter’s record; (3) 

appellant wishes to be represented by counsel on appeal; (4) the trial court appointed Dana Lim 

to represent appellant; (5) Thomas Mullins is the court reporter who recorded the proceedings; 

and (6) Mr. Mullins represented the reporter’s record could be filed by July 27, 2015.

We DIRECT the Clerk of this Court to list Dana Lim as appellant’s appointed attorney 

of record.

We STRIKE the pro se brief tendered by appellant on April 30, 2015.
We ORDER court reporter Thomas Mullins to file the reporter’s record by MONDAY, 

JULY 27, 2015. Due to the length of the extension given, no further extensions will be granted 

absent a showing of extraordinary circumstances.

We DIRECT the Clerk to send copies of this order to Thomas Mullins, official court 

reporter, County Court at Law No. 1; Dana Lim; and the Collin County District Attorney’s 

Office.

/s/ ADA BROWN 

JUSTICE
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
condensed consolidated balance sheets and condensed  consolidated  statements of
income found on pages 2, 3 and 4 of the Company's  Quarterly Report on Form 10-Q
for the  Quarterly  and  Nine-Month  Periods  ended  December 31,  1995,  and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK>      0000709139
<NAME>     Hogan Systems, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S.
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Mar-31-1996
<PERIOD-START>                                 Apr-01-1995
<PERIOD-END>                                   Dec-31-1995
<EXCHANGE-RATE>                                1.000
<CASH>                                         5,043
<SECURITIES>                                   0
<RECEIVABLES>                                  44,741
<ALLOWANCES>                                   993
<INVENTORY>                                    0
<CURRENT-ASSETS>                               51,341
<PP&E>                                         63,783
<DEPRECIATION>                                 25,613
<TOTAL-ASSETS>                                 97,018
<CURRENT-LIABILITIES>                          27,559
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       160
<OTHER-SE>                                     61,749
<TOTAL-LIABILITY-AND-EQUITY>                   97,018
<SALES>                                        74,269
<TOTAL-REVENUES>                               74,520
<CGS>                                          66,649
<TOTAL-COSTS>                                  66,820
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               82
<INTEREST-EXPENSE>                             171
<INCOME-PRETAX>                                7,700
<INCOME-TAX>                                   2,926
<INCOME-CONTINUING>                            4,774
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   4,774
<EPS-PRIMARY>                                  .31
<EPS-DILUTED>                                  .31
        
<PAGE>

</TABLE>
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 DuPont Fabros Technology, Inc. (the Company) for the year ended
December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Hossein Fateh and Mark L. Wetzel, President and Chief Executive Officer and Executive Vice President, Chief Financial
Officer and Treasurer, respectively, 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 our knowledge:



| | 1. | The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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: February 24, 2011 |  |  |  | By:    |  | /s/    Hossein
Fateh                                          
|                        |  |  |  | Name:  |  | Hossein Fateh                                                 
|                        |  |  |  | Title: |  | President and Chief Executive Officer                         
|                        |  |  | 
|                        |  |  |  | By:    |  | /s/    Mark L.
Wetzel                                         
|                        |  |  |  | Name:  |  | Mark L. Wetzel                                                
|                        |  |  |  | Title: |  | Executive Vice President, Chief Financial Officer andTreasurer
[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Notices]
[Pages 22401-22402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11118]



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

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) has made final findings of scientific misconduct in the following 
case:
    Terence S. Herman, M.D., Harvard Medical School: The Division of 
Research Investigations (DRI) of the Office of Research Integrity (ORI) 
reviewed an investigation conducted by Harvard Medical School into 
possible scientific misconduct on the part of Dr. Herman while he was 
an employee of that institution. ORI concurred with the factual 
findings as set forth in the institution's report, and finds that Dr. 
Herman committed scientific misconduct by falsely reporting in a 
published article that research had been conducted according to a 
stated protocol when, in fact, Dr. Herman knew at the time that the 
protocol for tumor measurements had not been carried out exactly as 
described. The research was supported by grant awards from the National 
Cancer Institute and the National Center for Research Resources, 
National Institutes of Health. [[Page 22402]] 
    Dr. Herman accepted the misconduct finding as part of a Voluntary 
Settlement Agreement under which, for a period of three years, an 
institution which submits an application for PHS support for a clinical 
research project on which his participation is proposed or which uses 
him in any capacity on PHS supported clinical research must 
concurrently submit a plan for supervision of his duties. The 
supervisory plan must be designed to ensure the scientific integrity of 
Dr. Herman's research contribution. Dr. Herman also is prohibited from 
serving on any Public Health Service advisory committee, board, and/or 
peer review committee for a period of three years. He has agreed to 
submit a letter to the International Journal of Radiation Oncology, 
Biology, Physics requesting retraction of that portion of the article 
dealing with tumor response (Herman, et al., A Phase I-II Trial of 
Cisplatin, Hyperthermia and Radiation in patients with Locally Advanced 
Malignancies. Int. J. Radiation Oncology Biol. Phys. 17:1273-1278; 
1989).

FOR FURTHER INFORMATION CONTACT:
Director, Division of Research Investigations, Office of Research 
Integrity, 301-443-5330.

Lyle W. Bivens,
Director, Office of Research Integrity.
[FR Doc. 95-11118 Filed 5-4-95; 8:45 am]
BILLING CODE 4160-17-M
EASTON, LLC, dba Shillelagh Holdings LLC, petitioner, v. INCORPORATED VILLAGE OF MUTTONTOWN.

No. 12-1119.

Supreme Court of the United States

May 13, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
1

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KENNETH WAYNE ROBERSON,

Plaintiff,

v.

CALIFORNIA DEPARTMENT OF 

CORRECTIONS,

Defendant.

Case No. 17-cv-00874-HSG (PR) 

JUDGMENT

A judgment of dismissal without prejudice is entered against Plaintiff.

IT IS SO ORDERED AND ADJUDGED.

Dated:

HAYWOOD S. GILLIAM, JR.

United States District Judge

5/10/2017
N OTE : This order is nonprecedential

.



# United States **Court of Appeals** 

**for the Federal Circuit**

______________________

KENNEDY GREEN,

Petitioner

v.

DEPARTMENT OF AGRICULTURE,

Respondent

______________________

2022

- 1476

______________________

Petition for review of an arbitrator ’ s decision in No.

FMCS 201031

- 00902 by Benjamin M. Shieber

.

______________________

ON MOTION

______________________

O R D E R

Upon consideration of the unopposed motion of Kennedy Green to voluntarily dismiss his petition for review

pursuant to Federal Rule of Appellate Procedure 42(b)

,

I T I S O RDERED T HAT :

(1) The motion is granted . The petition for review is

voluntarily dis missed. Case: 22-1476 Document: 31 Page: 1 Filed: 04/26/2023GREEN v. DEPARTMENT OF AGRICULTURE 2

(2) The parties shall bear their own costs.

April 26 , 202 3

Date F OR THE C OURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

ISSUED AS A MANDATE: A pril 26, 2023 Case: 22-1476 Document: 31 Page: 2 Filed: 04/26/2023
Timothy Wayne GUESS, petitioner, v. UNITED STATES.

No. 12-6575.

Supreme Court of the United States

April 22, 2013.

Petition for rehearing denied.
BYUNG JANG, petitioner, v. UNITED STATES.

No. 12-8898.

Supreme Court of the United States

April 1, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit 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 20, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41702

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALICIA LOZOYA-TORRES,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-632-ALL

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

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

Alicia Lozoya-Torres (Lozoya) appeals the 46-month sentence

she received following her guilty plea conviction for illegal

reentry, in violation of 8 U.S.C. § 1326. She argues that the

district court erred in sentencing her under the mandatory

version of the Sentencing Guidelines, that the sentencing

provisions in § 1326 are unconstitutional, and that the district

court erred by ordering her to cooperate in the collection of a

DNA sample as a condition of supervised release.
No. 04-41702

-2-

The Government urges that Lozoya’s challenge to her sentence

imposed under a mandatory version of the guidelines is barred by

the waiver-of-appeal provision in her plea agreement. Lozoya

counters that the appeal-waiver provision is invalid because her

plea agreement was accepted before the issuance of United States

v. Booker, 543 U.S. 220 (2005). This court has recently rejected

that precise argument. United States v. Burns, 433 F.3d 442,

450-51 (5th Cir. 2005). The appeal-waiver provision is

enforceable and bars her complaint that she was sentenced under

the formerly mandatory guidelines scheme.

Lozoya’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Although Lozoya contends that Almendarez-Torres was incorrectly

decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S.

466 (2000), we have repeatedly rejected such arguments on the

basis that Almendarez-Torres remains binding. See United States

v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert. denied, 126

S. Ct. 298 (2005). Lozoya properly concedes that her argument is

foreclosed in light of Almendarez-Torres and circuit precedent,

but she raises it here to preserve it for further review. 

Lozoya’s challenge to the special condition of supervised

release that she cooperate in the collection of a DNA sample,

even if not barred by the waiver-of-appeal provision, is not ripe

for review on direct appeal. See United States v. Riascos-Cuenu,
No. 04-41702

-3-

428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed

(Jan. 9, 2006) (No. 05-8662). That claim is dismissed for lack

of jurisdiction. See id. at 1102.

JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
Kevin M. MURPHY, et al., petitioners v. AURORA LOAN SERVICES LLC, et al.

No. 12-1148.

Supreme Court of the United States

May 13, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
109TH CONGRESS 

2D SESSION H. R. 1285

AN ACT

To extend for 3 years changes to requirements for admission 

of nonimmigrant nurses in health professional shortage 

areas made by the Nursing Relief for Disadvantaged 

Areas Act of 1999.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2

•HR 1285 EH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nursing Relief for Dis3 advantaged Areas Reauthorization Act of 2005’’. 

4 SEC. 2. 3-YEAR EXTENSION FOR CHANGES TO REQUIRE5 MENTS FOR ADMISSION OF NONIMMIGRANT 

6 NURSES IN HEALTH PROFESSIONAL SHORT7 AGE AREAS. 

8 Section 2 of the Nursing Relief for Disadvantaged 

9 Areas Act of 1999 (8 U.S.C. 1182 note) is amended—

10 (1) in the section heading, by striking ‘‘4-

11 YEAR’’ and inserting ‘‘SPECIFIED’’; and 

12 (2) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) LIMITING APPLICATION OF NONIMMIGRANT

15 CHANGES TO SPECIFIED PERIOD.—The amendments 

16 made by this section shall apply to classification petitions 

17 filed for nonimmigrant status only during the period—

18 ‘‘(1) beginning on the date that interim or final 

19 regulations are first promulgated under subsection 

20 (d); and 

21 ‘‘(2) ending on the date that is 3 years after 

22 the date of the enactment of the Nursing Relief for 

23 Disadvantaged Areas Reauthorization Act of 2005.’’. 
3

•HR 1285 EH 

1 SEC. 3. EXEMPTION FROM ADMINISTRATIVE PROCEDURE 

2 ACT. 

3 The requirements of chapter 5 of title 5, United 

4 States Code (commonly referred to as the ‘‘Administrative 

5 Procedure Act’’ ) or any other law relating to rulemaking, 

6 information collection or publication in the Federal Reg7 ister, shall not apply to any action to implement the 

8 amendments made by section 2 to the extent the Secretary 

9 Homeland of Security, the Secretary of Labor, or the Sec10 retary of Health and Human Services determines that 

11 compliance with any such requirement would impede the 

12 expeditious implementation of such amendments.

Passed the House of Representatives June 20, 2006. 

Attest:

Clerk. 
109TH CONGRESS 

2D SESSION H. R. 1285

AN ACT

To extend for 3 years changes to requirements for 

Relief for Disadvantaged Areas Act of 1999.fessional shortage areas made by the Nursing admission of nonimmigrant nurses in health pro-
Exhibit 10.21  


AMENDMENT NO. 1

TO

RIGHTS AGREEMENT  


        AMENDMENT NO. 1 (this "Amendment"), dated as of December 19, 2003, to the Rights Agreement (the
"Rights Agreement"), dated as of September 12, 2002 by and between Duane Reade Inc., a Delaware corporation (the
"Company"), and EquiServe Trust Company, N.A., a National Banking Association, as Rights Agent (the "Rights
Agent"). 


W I T N E S S E T H  


        WHEREAS, pursuant to Section 27 of the Rights Agreement, the Company and the Rights Agent desire to amend the Rights Agreement as set forth herein to
correct a typographical error; 


        NOW,
THEREFORE, the Rights Agreement is amended as follows: 


        1.     Clause (i)
of Section 7.1 hereby is amended and restated in its entirety as follows to correct a typographical error: 


        "(i) the
close of business on September 30, 2012 (the "FINAL EXPIRATION DATE")," 


        2.     This
Amendment shall be deemed effective as of the date first set forth above. Except as amended hereby, the Rights Agreement shall remain in full force and effect and
shall be otherwise unaffected hereby. 


        3.     This
Amendment shall be deemed to be a contract made under the laws of the State of Delaware and for all purposes shall be governed by and construed in accordance with
the laws of such state applicable to contracts to be made and performed entirely within such state. This Amendment may be executed in any number of counterparts, each of such counterparts shall for
all purposes be deemed to be an original, and all such counterparts shall together constitute one and the same instrument. 



        IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date first above written. 



	 	 	DUANE READE INC.
	

 	
 	

By:	

/s/ Michelle Bergman

	 	 	Name:  Michelle Bergman
	 	 	Title:  Vice President and General Counsel
	

 	
 	

EQUISERVE TRUST COMPANY, N.A.
	

 	
 	

By:	

/s/ Carol Mulvey-Eori

	 	 	Name:  Carol Mulvey-Eori
	 	 	Title:  Managing Director
Danny D. HOPPER, petitioner, v. Eddie J. WYANT, et al.

No. 12-9504.

Supreme Court of the United States

June 3, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
EXHIBIT
32.1


CERTIFICATION
OF CEO AND CFO PURSUANT TO


18
U.S.C. § 1350


AS
ADOPTED PURSUANT TO


§
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Form 10-Q of Colony Bankcorp, Inc. (the Company) for the
period ended September 30, 2008 as filed with the Securities and Exchange
Commission on the Date hereof (the Report), Al D. Ross, Chief Executive Officer
of the Company, and Terry L. Hester, Executive Vice President and Chief
Financial Officer of the Company, each 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 results of operation of the
      Company.











November
7, 2008








/s/
      Al D. Ross


Al D.
Ross, President and


Chief
Executive Officer








November
7, 2008








/s/
      Terry L. Hester


Terry L.
Hester, Executive Vice President and


Chief
Financial Officer








This
certification accompanies this Report pursuant to § 906 of the Sarbanes-Oxley
Act 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act
of 2002, be deemed filed by the Company for purposes of §18 of the Securities
Exchange Act of 1934, as amended.
Exhibit 35.3

SERVICER COMPLIANCE STATEMENT

Discover Products Inc.

Discover Card Master Trust I

The
undersigned, a duly authorized representative of Discover Products Inc. (DPI), pursuant to the Servicing Agreement dated January 1, 2007 by and between DPI and Discover Bank (the Agreement) hereby certifies that:



|(a) | A review of the activities of DPI for the eleven months ended November 30, 2007 and of its performance under the Agreement was made under my supervision.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------



|(b) | To the best of my knowledge, based on such review, DPI has fulfilled all of its obligations in all material respects under the Agreement for the eleven months ended
November 30, 2007.
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 13th day of February
2008.



By:

/s/ Edward StolbofEdward Stolbof, President and
Director
EXHIBIT 68 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 1 of 10
EXHIBIT 69 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 2 of 10
EXHIBIT 70 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 3 of 10
EXHIBIT 71 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 4 of 10
EXHIBIT 72 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 5 of 10
EXHIBIT 73 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 6 of 10
EXHIBIT 74 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 7 of 10
EXHIBIT 75 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 8 of 10
EXHIBIT 76 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 9 of 10
EXHIBIT 77 

FILED UNDER SEAL 

Case 3:17-cv-00939-WHA Document 248-5 Filed 04/21/17 Page 10 of 10
In re Jason Aron PRESLEY, aka Ernie Young, petitioner.

No. 12-9337.

Supreme Court of the United States

May 13, 2013.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and petition for writ of mandamus dismissed. See Rule 39.8.
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United States District Court 

Northern District of Californi

a

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

RICHARD H WENDLING, 

Plaintiffs, 

v. 

UNITED STATES OF AMERICA, 

Defendants. 

Case No. 16-cv-07221-SI (SI) 

ORDER OF DISMISSAL UPON 

SETTLEMENT 

 The parties to the action, by their counsel, have advised the court that they have agreed to 

a settlement. 

 IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE. 

However, that if any party hereto certifies to this court, with proof of service of a copy thereon on 

opposing counsel, within ninety days from the date hereof, that settlement has not in fact occurred, 

the foregoing order shall be vacated and this cause shall forthwith be restored to the calendar for 

further proceedings. 

IT IS SO ORDERED. 

Dated: 

______________________________________ 

SUSAN ILLSTON 

United States District Judge 

8/2/18