alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for pub lication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restricti ons on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations fr om the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1 STATE OF NEW MEXICO, 2 Plaintiff-Appellee, 3

v. No. 34,213 4 ROBERT PUTNAM, 5 Defendant-Appellant. 6

APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY 7 Briana H. Zamora, District Judge 8 Hector H. Balderas, Attorney General 9 Margaret McLean, Assistant Attorney General 10 Santa Fe, NM 11 for Appellee 12 Jorge A. Alvarado, Chief Public Defender 13 Sergio Viscoli, Assist ant Appellate Defender 14 Santa Fe, NM 15 for Appellant 16

MEMORANDUM OPINION 172 BUSTAMANTE, Judge. 1 {1} Defendant appeals from the district court’s order denying his motion to dismiss 2 the charge of commercial burglary. Defendant entered a conditiona l plea reserving for 3 appeal the issues raised in his motion to dismiss. [RP 98-99] This Court issued a 4 calendar notice proposing to reve rse based on our decision in State v. Archuleta , ___- 5 NMCA-___, ___ P.3d ___ (No. 32,794, Oct. 27, 2014), cert. granted , 6 2015-NMCERT-___ (No. 35,005, Jan. 26, 2015) . The State 7 has filed a response, objecting to our noti ce and requesting that we hold this appeal 8 in abeyance or provide the State with a reasonable opportunity to seek guidance from 9 the New Mexico Supreme Court on all pe nding appeals controlled by our opinion in 10 Archuleta . [MIO 1-3] We have provided the St ate with such an opportunity, and the 11 Supreme Court has denied the State a stay or other remedy that would suspend the 12 precedential value of Archuleta . Thus, pursuant to Rule 12-405(C) NMRA, we apply 13 Archuleta. See Rule 12-405(C) (“A petition for a wr it of certiorari filed pursuant to 14 Rule 12-502 NMRA or a Supreme Court orde r granting the petition does not affect the 15 precedential value of an opinion of the Court of Appeals, unless otherwise ordered by 16 the Supreme Court.”). 17 {2} In its response to our notice, the State simply objects to our proposed 18 disposition without elaboration. [MIO 1, 3] We continue to belie ve that there are no 193 material factual distinctions to remove this case from the control of our opinion in 1 Archuleta . For the reasons stated in our notice, we reverse Defenda nt’s conviction for 2 commercial burglary. 3 {3} IT IS SO ORDERED. 4 5

_______________________________________ 6 MICHAEL D. BUSTAMANTE, Judge 7 WE CONCUR: 8

9 JAMES J. WECHSLER, Judge 10

11 LINDA M. VANZI, Judge 12
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           1,230
<SECURITIES>                                         0
<RECEIVABLES>                                    7,509
<ALLOWANCES>                                     1,130
<INVENTORY>                                      7,699
<CURRENT-ASSETS>                                23,689
<PP&E>                                          36,685
<DEPRECIATION>                                  28,239
<TOTAL-ASSETS>                                  52,367
<CURRENT-LIABILITIES>                           17,331
<BONDS>                                            957
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           101
<OTHER-SE>                                      33,978
<TOTAL-LIABILITY-AND-EQUITY>                    52,367
<SALES>                                         10,841
<TOTAL-REVENUES>                                10,841
<CGS>                                            6,350
<TOTAL-COSTS>                                   10,443
<OTHER-EXPENSES>                                  (61)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 228
<INCOME-PRETAX>                                    231
<INCOME-TAX>                                        51
<INCOME-CONTINUING>                                180
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       180
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
Samuel QUINN, petitioner, v. ILLINOIS.

No. 12-8999.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.
Daniel J. DATAVS, petitioner, v. UNITED STATES.

No. 12-1113.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied.
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 25, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

133819(69) Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

MICHIGAN FEDERATION OF TEACHERS 

and SCHOOL RELATED PERSONNEL, AFT, 

AFL-CIO, 

Plaintiff-Appellee, 

 SC: 133819 

v COA: 258666 

Washtenaw CC: 04-000314-CZ 

UNIVERSITY OF MICHIGAN, 

Defendant-Appellant. 

_______________________________________ 

On order of the Chief Justice, the motion by the Michigan Press Association for 

leave to file a brief amicus curiae is considered and it is GRANTED. 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 25, 2008 

 Clerk
Jason J. POMPOSELLO, petitioner, v. FLORIDA.

No. 12-9172.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied.
SECRETARY OF the INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, et al., petitioners, v. PLANNED PARENTHOOD OF INDIANA, INC., et al.

No. 12-1039.

Supreme Court of the United States

May 28, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
Terence SUDLER, et al., petitioners, v. CITY OF NEW YORK, NEW YORK, et al.

No. 12-1222.

Supreme Court of the United States

June 3, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
In re Alberto CONCEPCION, petitioner.

No. 12-10533.

Supreme Court of the United States

June 24, 2013.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and petition for writ of habeas corpus dismissed. See Rule 39.8.
WESTMORELAND COAL COMPANY, petitioner, v. Mae Ann SHARPE, on Behalf of and as Widow of William A. Sharpe, et al.

No. 12-865.

Supreme Court of the United States

June 24, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

__________________________________________

)

ROBERT R. PRUNTÉ, )

)

Plaintiff, )

)

v. ) Civil Action No. 06-0480 (PLF)

)

UNIVERSAL MUSIC GROUP, INC., et al., )

)

Defendants. )

__________________________________________)

ORDER

For the reasons given in the Opinion issued this same day, it is hereby

 ORDERED that [92] defendants’ motion to strike is GRANTED in part and 

DENIED in part; it is

FURTHER ORDERED that [88] plaintiff’s motion alleging direct contempt of 

court and [94] plaintiff’s motion for judicial notice are DENIED; it is

FURTHER ORDERED that [89] plaintiff’s motion for summary judgment is 

DENIED; it is

FURTHER ORDERED that [99] defendants’ motion for summary judgment is 

GRANTED. Judgment shall be entered for all of the defendants on all claims; and it is
FURTHER ORDERED that the Clerk of the Court shall remove this case from 

the docket of the Court. This is a final appealable order. See FED. R. APP. P. 4(a). 

SO ORDERED.

/s/____________________________

PAUL L. FRIEDMAN

United States District Judge

DATE: March 29, 2010

2
Dennis Lawrence BLISS, petitioner, v. UNITED STATES.

No. 12-9476.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
Roderic BOLING, Appellant, v. WFTV, LLC., WFTV, Inc., and Todd Ulrich, Appellees.

Case No. 5D18-1659

District Court of Appeal of Florida, Fifth District.

Decision filed June 18, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Ray Charles JOHNSON, petitioner, v. UNITED STATES.

No. 12-9181.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Exhibit 32





CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned have executed this certification in connection with the filing with the Securities and Exchange Commission of the Company’s Amended Annual Report on Form 10-K / A-2 for the period ending June 30, 2014.  The undersigned hereby certify that to our 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.








Dated:     May 6, 2016





/s/ Robert McDermott


Robert McDermott


President and Chief Executive Officer





/s/ Don Sproat


Don Sproat


Chief Financial Officer
[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Page 26435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12034]



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

FEDERAL MARITIME COMMISSION


Notice of Agreement(s) Filed

    The Federal Maritime Commission hereby gives notice that the 
following agreement(s) has been filed with the Commission pursuant to 
section 15 of the Shipping Act, 1916, and section 5 of the Shipping Act 
of 1984.
    Interested parties may inspect and obtain a copy of each agreement 
at the Washington, D.C. Office of the Federal Maritime Commission, 800 
North Capitol Street, N.W., 9th Floor. Interested parties may submit 
protests or comments on each agreement to the Secretary, Federal 
Maritime Commission, Washington, D.C. 20573, within 10 days after the 
date of the Federal Register in which this notice appears. The 
requirements for comments and protests are found in Sec. 560.602 and/or 
Sec. 572.603 of Title 46 of the Code of Federal Regulations. Interested 
persons should consult this section before communicating with the 
Commission regarding a pending agreement.
    Any person filing a comment or protest with the Commission shall, 
at the same time, deliver a copy of that document to the person filing 
the agreement at the address shown below.
    Agreement No.: 224-200934.
    Title: Port of Houston Authority/Lykes Bros. Steamship Co., Inc. 
Marine Terminal Agreement
    Parties:

    Port of Houston Authority (``Port'')
    Lykes Bros. Steamship Co., Inc. (``Lykes'')

    Filing Agent: Martha T. Williams, Esquire, Port of Houston 
Authority, P.O. Box 2562, Houston, TX 77252-2562.
    Synopsis: The proposed Agreement authorizes the Port to provide 
marine terminal services to Lykes at the Port's Barbours Cut Terminal 
Facility. The term of the Agreement expires September 30, 1996.

    Agreement No.: 224-200935.
    Title: Port of Houston Authority/Ryan-Walsh Facility Use Agreement.
    Parties:

    Port of Houston Authority (``Port'')
    Ryan-Walsh, Inc. (``Ryan-Walsh'')

    Filing Agent: Martha T. Williams, Esquire, Port of Houston 
Authority, P.O. Box 2562, Houston, TX 77252-2562.
    Synopsis: The proposed Agreement authorizes Ryan-Walsh to perform 
freight handling services at the Port's Transit Sheds 21-A and 25-A. 
The term of the Agreement expires April 30, 1996.

    By Order of the Federal Maritime Commission.

    Dated: May 11, 1995.
Joseph C. Polking,
Secretary.
[FR Doc. 95-12034 Filed 5-16-95; 8:45 am]
BILLING CODE 6730-01-M
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 134 Received in Senate (RDS)]

<DOC>
118th CONGRESS
  2d Session
H. CON. RES. 134

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

                                Received

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
     Directing the Clerk of the House of Representatives to make a 
          correction in the enrollment of the bill H.R. 5009.

    Resolved by the House of Representatives (the Senate concurring), 
That in the enrollment of the bill H.R. 5009, the Clerk of the House of 
Representatives shall make the following correction: Amend the long 
title so as to read: ``An Act to authorize appropriations for fiscal 
year 2025 for military activities of the Department of Defense, for 
military construction, and for defense

              

 activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes.''.

            Passed the House of Representatives December 11, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```
Jack R. KOCH, petitioner, v. Adam ESTRELLA, et al.

No. 12-9690.

Supreme Court of the United States

May 28, 2013.

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

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 686 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
S. RES. 686

 Designating July 23, 2022, as ``National Day of the American Cowboy''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2022

Mr. Barrasso (for himself, Ms. Cortez Masto, Mr. Cramer, Mr. Crapo, Ms. 
  Ernst, Mr. Grassley, Mr. Hickenlooper, Mr. Hoeven, Mr. Inhofe, Mr. 
Kelly, Mr. Kennedy, Ms. Lummis, Mr. Marshall, Mr. Moran, Mr. Risch, Mr. 
 Romney, Mr. Rounds, Mr. Tester, Mr. Thune, and Mr. Cornyn) submitted 
 the following resolution; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                               RESOLUTION

 
 Designating July 23, 2022, as ``National Day of the American Cowboy''.

Whereas pioneering men and women, recognized as ``cowboys'', helped to establish 
        the American West;
Whereas the cowboy embodies honesty, integrity, courage, compassion, respect, a 
        strong work ethic, and patriotism;
Whereas the cowboy spirit exemplifies strength of character, sound family 
        values, and good common sense;
Whereas the cowboy archetype transcends ethnicity, gender, geographic 
        boundaries, and political affiliations;
Whereas the cowboy, who lives off the land and works to protect and enhance the 
        environment, is an excellent steward of the land and its creatures;
Whereas cowboy traditions have been a part of American culture for generations;
Whereas the cowboy continues to be an important part of the economy through the 
        work of many thousands of ranchers across the United States who 
        contribute to the economic well-being of every State;
Whereas millions of fans watch professional and working ranch rodeo events 
        annually, making rodeo one of the most-watched sports in the United 
        States;
Whereas membership and participation in rodeo and other organizations that 
        promote and encompass the livelihood of cowboys span every generation 
        and transcend race and gender;
Whereas the cowboy is a central figure in literature, film, and music and 
        occupies a central place in the public imagination;
Whereas the cowboy is an American icon; and
Whereas the ongoing contributions made by cowboys and cowgirls to their 
        communities should be recognized and encouraged: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates July 23, 2022, as ``National Day of the 
        American Cowboy''; and
            (2) encourages the people of the United States to observe 
        the day with appropriate ceremonies and activities.
                                 <all>
```
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO.: 1:13-CR-14-TLS 

)

CONTREL J. JOHNSON )

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

This matter is before the Court on the Findings and Recommendation of the United States

Magistrate Judge [ECF No. 41], filed on December 13, 2013. The Defendant has waived objection to

the Findings and Recommendation, and the Court, being duly advised, adopts the Findings and

Recommendation [ECF No.41] in its entirety and accepts the recommended disposition. Subject to

this Court’s consideration of the Plea Agreement pursuant to Federal Rule of Criminal Procedure

11(c), the plea of guilty to the offense charged in Count 6 of the Indictment is hereby accepted, and

the Defendant is adjudged guilty of such offense. 

The notice of sentencing and pre-sentence scheduling deadlines will be issued by separate

order.

SO ORDERED on December 30, 2013. 

 s/ Theresa L. Springmann 

THERESA L. SPRINGMANN

UNITED STATES DISTRICT COURT
```
[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Notices]
[Page 26035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11998]

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

FEDERAL RESERVE SYSTEM

The Joy Partners, Ltd.; Change in Bank Control Notices; 
Acquisitions of Shares of Banks or Bank Holding Companies

    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 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. Once the notices have been accepted for 
processing, they will also 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 May 30, 1995.
    A. Federal Reserve Bank of Kansas City (John E. Yorke, Senior Vice 
President) 925 Grand Avenue, Kansas City, Missouri 64198:
    1. The Joy Partners, Ltd., Ardmore, Oklahoma, and T.C. Craighead 
and Co., Ardmore, Oklahoma, General Partner; to acquire an additional 
14.96 percent, for a total of 15.17 percent, of the voting shares of 
Citizens Commerce Corporation, Ardmore, Oklahoma, and thereby 
indirectly acquire Citizens Bank of Ardmore, Ardmore, Oklahoma.

    Board of Governors of the Federal Reserve System, May 10, 1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-11998 Filed 5-15-95; 8:45 am]
BILLING CODE 6210-01-F
```
Modification to Employment Agreement for A.W. Blair

A.W. Blair's employment agreement is hereby revised as follows:

Section  1.1  Employment  is  revised  to state  that A. W.  Blair is  appointed
President & Chief Executive Officer; Sections 2.1 and 2.3 regarding Basic Salary
and Commissions, respectively, are revised as follows:

Section  2.1,  basic  salary is revised to $ 105,000 per year for the balance of
the term of the agreement.  Effective  January 1, 1997, only 50% of this amount,
$52,500 per year, shall be the basic pay. This reduced basic pay shall remain in
effect  until  such  time as MTX has  reported  profitable  quarterly  operating
results,  or a change in control of MTX occurs, in conformance with GAAP and SEC
rule and regulations.  At either such time, the basic salary will be restored to
$105,000 per year, or as otherwise negotiated between A.W. Blair and MTX.

Section 2.3  Commissions,  is replaced  with  Section 2.3 Bonus,  A.W.  Blair is
eligible  to  earn  8% of  the  annual  pre-tax  operating  income  of  MTX as a
performance  incentive.  Payments  will be made at the rate of 80% of the  bonus
paid quarterly and the balance in full after  completion of the certified  audit
at September 30.

As further  incentive for A.W. Blair to seek and actively  support a significant
restructuring and  re-capitalization of MTX through acquisition,  merger, and/or
any other  legal and viable  means of raising  increased  working  capital,  MTX
agrees to pay A.W.  Blair a bonus equal to 5% of the first $1.0 million  dollars
of consideration,  4% of the next $1.0 million,  3% of the next $1.0 million, 2%
of the next $1.0 million and 1% of any amount in excess of $4.0  million  unless
such bonus would violate securities law. This incentive  obligation shall extend
for 24 months beyond the term of A.W. Blair's  employment  agreement for any and
all transactions that A.W. Blair may have actively initiated or participated in.

All other terms and conditions of the original Employment Agreement shall remain
unchanged.

The effective date of this modification shall be January 1, 1997.

The parties have executed this Agreement on January 2, 1997.

                                    MTX  International, Inc.

                                    Employee:

                                    /s/ A. W. Blair
                                    ------------------------------------
                                    A. W. Blair

                                    Approved:

                                    (Mr. Brookhart was unavailable)
                                    -------------------------------------
                                    Jerry R. Brookhart, Director

                                    /s/ Dale R. Hunzelman
                                    -------------------------------------
                                    Dale R. Hunzelman, Director

                                    /s/ Gerald J. Novreske
                                    -------------------------------------
                                    Gerald J. Novreske, Director