alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Troy Luke BURKS, Plaintiff—Appellant, v. John PATE, Acting Warden; Betty E. Albritton, Disciplinary Hearing Officer; P. Felder, Unit Sergeant; South Carolina Department of Corrections, Defendants—Appellees.

No. 05-7321.

United States Court of Appeals, Fourth Circuit.

Submitted April 17, 2006.

Decided April 28, 2006.

Troy Luke Burks, Appellant Pro Se. Isaac McDuffie Stone, III, Marshall Hodges Waldron, Jr., Carolina Litigation Associates, Bluffton, South Carolina, for Appel-lees.

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Troy Luke Burks appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we *232affirm for the reasons stated by the district court. *See Burks v. Pate,*No. CA-02-4014-3 (D.S.C. filed Aug. 8, 2005 & entered Aug. 9, 2005). 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 99.1




                            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 Majestic Investor Holdings, LLC
and Majestic Investor Capital Corp. (collectively, the "Registrant") on Form
10-K for the year ending December 31, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Don H. Barden,
Chairman, President and Chief Executive Executive Officer of Majestic Investor
Holdings, LLC and Majestic Investor Capital Corp., 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)
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
Registrant.


By:      /s/ Don H. Barden
         -------------------------------
         Don H. Barden, Manager, Chairman, President
         and Chief Executive Officer
         Majestic Investor Holdings, LLC and
         Majestic Investor Capital Corp.
         March 31, 2003



         A signed original of this written statement required by Section 906 has
been provided to the Registrant and will be retained by the Registrant and
furnished to the Securities and Exchange Commission or its staff upon request.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-40678

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JEFFREY EARL PUGH,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Texas

(1:99-CR-158-ALL)

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

March 5, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Defendant-Appellant Jeffrey Earl Pugh argues that the district

court erred in denying his motion to suppress evidence seized from

his person following a traffic stop of a vehicle in which he was a

passenger. Pugh argues that the pat-down search of his person for

weapons was not based on a reasonable suspicion and that the

officer engaged in prolonged and repeated searches prior to finding

crack cocaine in his trousers. He insists that the search went

beyond the scope of an investigative stop authorized by Terry v.

Ohio, 392 U.S. 1 (1968). 
2

Viewing the evidence in the light most favorable to the

government, Pugh’s furtive movements while seated in a car that was

being stopped late at night in a high crime area, considered in

conjunction with Pugh’s recent arrest by the same officers for drug

trafficking, constituted articulable facts that were sufficient to

support a reasonable suspicion that the officers’ safety was

endangered. See United States v. Rideau, 969 F.2d 1572, 1575 (5th

Cir. 1992) (en banc); United States v. Garza, 921 F.2d 59, 59-60

(5th Cir. 1991).

If a weapons search is lawfully made pursuant to Terry,

officers may seize nonthreatening contraband detected during the

protective pat-down if the officer is able to ascertain the

identity of the contraband when he initially touches the object. 

See Minnesota v. Dickerson, 508 U.S. 366, 373, 375-76 (1993).

The evidence presented by the government reflected that while

conducting the pat-down search of Pugh’s clothing, the officer

touched an obvious bulge in the back of Pugh’s trousers; and, based

on the officer’s experience, he immediately knew that the object

was a lump of crack cocaine. At that point, the officer had

probable cause to believe that Pugh was in possession of

contraband, so he was entitled to make an arrest and seize it. See

United States v. Cooper, 43 F.3d 140, 148 (5th Cir. 1995).

In addition, the search was valid as an incident to Pugh’s

lawful arrest for resisting the search in violation of Texas law.

See Texas Penal Code Ann. § 38.03 (West Supp. 2001); United States

v. Hernandez, 825 F.2d 846, 852 (5th Cir. 1987). 
3

The district court did not err in denying the motion to

suppress.

AFFIRMED.
I 

109TH CONGRESS 

1ST SESSION H. R. 1830 

To extend the duty suspension on 3-amino-2′-(sulfato-ethyl sulfonyl) ethyl 

benzamide. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005 

Mr. COBLE introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To extend the duty suspension on 3-amino-2′-(sulfato-ethyl 

sulfonyl) ethyl benzamide. 

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

3 SECTION 1. 3-AMINO-2′-(SULFATO-ETHYL SULFONYL) ETHYL 

4 BENZAMIDE. 

5 (a) IN GENERAL.—Heading 9902.30.90 of the Har6 monized Tariff Schedule of the United States (relating to 

7 3-amino-2′-(sulfato-ethyl sulfonyl) ethyl benzamide) is 

8 amended by striking ‘‘12/31/2006’’ and inserting ‘‘12/31/ 

9 2009’’. 
2 

•HR 1830 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ
#### Graceanne ADAMO, Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

No. 2006-3184.

United States Court of Appeals, Federal Circuit.

March 30, 2006.

ORDER

Order Vacated, See 2006 WL 1072069.

*4The petitioner having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) and to file the required Statement Concerning Discrimination, it is

ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.
Exhibit 31(ii)
                                 --------------

                                 CERTIFICATIONS

I, Steve Bailey, certify that:

      1.    I have reviewed this report on Form 10-K and all reports on Form
            10-D required to be filed in respect of the period covered by this
            report on Form 10-K of CWABS Asset-Backed Certificates Trust 2007-13
            (the "Exchange Act periodic reports");

      2.    Based on my knowledge, the Exchange Act periodic reports, taken as a
            whole, do 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 report;

      3.    Based on my knowledge, all of the distribution, servicing and other
            information required to be provided under Form 10-D for the period
            covered by this report is included in the Exchange Act periodic
            reports;

      4.    I am responsible for reviewing the activities performed by the
            servicer(s) and based on my knowledge and the compliance review(s)
            conducted in preparing the servicer compliance statement(s) required
            in this report under Item 1123 of Regulation AB, and except as
            disclosed in the Exchange Act periodic reports, the servicer(s) have
            fulfilled their obligations under the servicing agreement(s) in all
            material respects; and

      5.    All of the reports on assessment of compliance with servicing
            criteria for asset-backed securities and their related attestation
            reports on assessment of compliance with servicing criteria for
            asset-backed securities required to be included in this report in
            accordance with Item 1122 of Regulation AB and Exchange Act Rules
            13a-18 and 15d-18 have been included as an exhibit to this report,
            except as otherwise disclosed in this report. Any material instances
            of noncompliance described in such reports have been disclosed in
            this report on Form 10-K.

      In giving the certifications above, I have reasonably relied on
      information provided to me by the following unaffiliated parties: The Bank
      of New York, as Trustee.

Date: March 27, 2008

      /s/ Steve Bailey
      --------------------------
      Steve Bailey
      Senior Managing Director, Chief Executive Officer Loan Administration
      (Senior officer in charge of the servicing function of
      Countrywide Home Loans Servicing LP)
#### EISASSER, Respondent, v. DOUGLASS, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

February 6, 1898.)

Action by Theodore Eisasser against Silas J. Douglass.

No opinion. Judgment affirmed, with costs.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CAUSE NO. 1:15-cr-00060-TLS-SLC

)

CASSANDRA WARD, also known as )

“Kitten,” )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal

Rules of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Judge

Susan Collins, on March 16, 2016, with the written consents of Defendant, counsel for

Defendant, and counsel for the United States of America.

The hearing on Defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by Defendant under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney

and of counsel for Defendant,

I FIND as follows:

(1) that Defendant understands the nature of the charge against her to which the plea is

offered;

(2) that Defendant understands her right to trial by jury, to persist in her plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses,
and her right against compelled self-incrimination;

(3) that Defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and Defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by Defendant has been knowingly and voluntarily made and is

not the result of force or threats or of promises apart from the plea agreement between the

parties;

(5) that Defendant is competent to plead guilty;

(6) that Defendant understands that her answers may later be used against her in a

prosecution for perjury or false statement;

(7) that there is a factual basis for Defendant’s plea; and further,

I RECOMMEND that the Court accept Defendant’s plea of guilty and that Defendant

be adjudged guilty of the offense charged in Count 1 of the nine-count Indictment, and have

sentence imposed. A Presentence Report has been ordered. Should this Findings and

Recommendation be accepted and Defendant adjudged guilty, sentencing will be scheduled

before Judge Theresa L. Springmann by separate order and notice. Objections to the Findings

and Recommendation are waived unless filed and served within fourteen (14) days. 28 U.S.C.

§ 636(b)(1)(B).

DATED this 16th day of March 2016.

/s/ Susan Collins 

Susan Collins,

United States Magistrate Judge

2
## COURT OF APPEALS

CATHERINE STONE

CHIEF JUSTICE

KAREN ANGELINI

SANDEE BRYAN

MARION

MARIALYN BARNARD

REBECA C. MARTINEZ

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

JUSTICES FOURTH COURT OF APPE ALS DISTRICT

CADENA

- REEVES JUSTICE CENTE R 300 DOLOROSA, SU ITE 3200 SAN ANTONIO, TEXAS 7 8205

- 3037

WWW.4THCOA.COURTS.ST ATE.TX.US KEITH E. HOTTLE

CLERK OF

COURT

TELEPHONE (210) 335

- 2635

FACSIMILE NO.

(210) 335

- 2762

January 8, 2014

Victoria Guerra

Law Office of Victoria Guerra

320 W. Pecan McAllen, TX 78501

G ay Richey Official Court Reporter

- Starr County

Court at Law 1530 West Hall Acres Road, 9C Pharr, TX 78577 John A. Olson

20634 Creek River San Antonio, TX 78259

RE: Court of Appeals Number s : 04

- 13

- 00338

- CR & 04

- 13

- 00339

- CR

Trial Court Case Number s : 11

- CRS

- 270 & 11

- CRS

- 272 Style: Elias Esequiel Vasquez

v. The State of Texas

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause s

.

If you should have any questions, please do not hesitate to contact me.

Very truly yours,

KEITH E. HOTTLE, CLERK

_____________________________ Jonathan Quintero Deputy Clerk, Ext. 53220

cc: Ramiro HernandezThe State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

January 8, 2014

N o s . 04

- 13

- 00338

- CR & 04

- 13

- 00339

- CR

Elias Esequiel VASQUEZ

, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 229th Judicial District Court, Starr County, Texas

Trial Court No s . 11

- CRS

- 270 & 11

- CRS

- 272 Honorable Ana Lisa Garza, Judge Presiding



### ORDER

T he reporter’s record was originally due on November 12, 2013. On November 19, 2013, this court notified Gay Richey that she is the court reporter responsible for timely filing the reporter’s record in this appeal. T EX

. R. A PP

. P. 37 .3(a)(2). We stated that a Notification of Late Record was due by December 2, 2013, or the reporter’s record was due to be filed on December 19, 2013. To date, neither the reporter’s record nor a notification of late reporter’s record has

been filed.

Accordingly, Ms. Richey is ORDERED to file the reporter’s record in this court on or before January 15, 2014. If the reporter’s record is not filed by the date ordered, we may order Ms. Richey to appear and show cause why s he should not be held in contem pt for failing to file

the record

. The clerk of this court shall cause a copy of this order to be served on Ms. Gay Richey by certified mail, return receipt requested, with delivery restricted to the addressee only, or give other per sonal notice of this order with proof of delivery.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunt o set my hand and affixed the seal of the said

court on this 8th day of January, 2014

.

___________________________________ Keith E. Hottle

Clerk of Court
Exhibit
32.1
 
 **SECTION
906 CERTIFICATION**
 
 I,
Jeffrey F. O'Donnell, Chief Executive Officer of PhotoMedex, Inc., a Delaware
corporation (the "Company"), do hereby certify, in accordance with 18 U.S.C.
Section 1350, as created pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:
 
 (1) the
accompanying Quarterly Report on Form 10-Q of the Company for the quarter ended
March 31, 2005 (the "Report") fully complies with the requirements of Section
13(a) or 15(d), as applicable, 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.
 
 Dated:
May 10, 2005        By: /s/
Jeffrey F.
O'Donnell
 Jeffrey
F. O'Donnell
 Chief
Executive Officer
 
 A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 (“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 PhotoMedex, Inc. and will be retained by PhotoMedex, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.
 
 E-32.1
#### The People of the State of New York, Respondent, v George McMillan, Also Known as George McNeal, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered September 7, 1982, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s trial counsel elicited testimony from a police witness which tended to establish that defendant, at the time of *935his arrest, was a participant in a separate uncharged crime. The prosecutor had avoided this area on direct examination and this incriminating testimony would therefore not have been adduced but for defense counsel’s questioning during cross-examination. Under these circumstances, there was no error committed.

Defendant also argues that he was deprived of his right to effective assistance of counsel, citing mainly the trial tactic referred to above. Regardless of the merits of trial counsel’s decision to bring his client’s involvement in an uncharged crime to the jury’s attention, we find that such trial tactic, whether wise or unwise, did not rise to the level of ineffective assistance of counsel and note that the proof of guilt was overwhelming *{Strickland v Washington,*466 US 668, 104 S Ct 2052; *People v Morris,*100 AD2d 630, *affd*64 NY2d 803). Reversal is therefore not warranted on this basis.

Furthermore, defendant was not entitled to a missing witness charge, absent any indication that the subject witness’ testimony would have been noncumulative and that such witness was, in either a formal or a practical sense, under the control of the People *{see, People v Almodovar,*62 NY2d 126). We have reviewed defendant’s remaining contentions and find that they are without merit. Mollen, P. J., Lazer, Mangano and Brown, JJ., concur.
##### 



EXHIBIT 99.3

WRITTEN STATEMENT
PURSUANT TO
18 U.S.C. SECTION 1350

The undersigned, STEVEN F. UDVAR-HAZY, the CHAIRMAN OF THE BOARD AND CHIEF
EXECUTIVE OFFICER, and ALAN H. LUND, the VICE CHAIRMAN-FINANCE, CHIEF FINANCIAL
OFFICER AND CHIEF ACCOUNTING OFFICER of INTERNATIONAL LEASE FINANCE CORPORATION
(the Company), pursuant to 18 U.S.C. §1350, hereby certifies that:



| | (i)  |  | the 10-Q of the Company (the
Report) fully complies with the requirements of
section 13(a) and 15(d) of the Securities Exchange Act
of 1934; and  
| | ---- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | (ii) |  | the information contained in the
Report fairly presents, in all material respects, the
financial condition and results of operations of the
Company.

|                     |  |                         
|-------------------- |  | ------------------------
|Dated: July 25, 2003 |  | /S/ Steven F. Udvar-Hazy
|                     |  |                         
|                     |  | STEVEN F. UDVAR-HAZY    
|                     |  |                         
|Dated: July 25, 2003 |  | /S/ Alan H. Lund        
|                     |  |                         
|                     |  | ALAN H. LUND            

-26-
2009

Federal Deposit Insurance Corporation

This Annual Report was produced by talented 

and dedicated staff. To these individuals, we 

would like to offer our sincere thanks and 

appreciation. Special recognition is given to the 

following individuals for their contributions.

• Jannie F. Eaddy

• Barbara Glasby

• David Kornreich

• Mia Jordan

• Robert Nolan

• Patricia Hughes
Exhibit 32.1




Section 1350
Certification




The following statement is provided by the undersigned to accompany the Form
10-K of RFMC Global Directional Fund, L.P. pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350).




The undersigned certifies that the foregoing Report on Form 10-K fully complies
with the requirements of Section 13(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78m) and that the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of RFMC Global Directional Fund, L.P.




March 31, 2010




/s/
Robert L. Lerner Robert L. LernerPresident, Principal Executive Officer
and   Principal Financial OfficerRuvane Fund Management
Corporation,the general partner of RFMC Global Directional Fund,
L.P.
IIB 

109TH CONGRESS 

2D SESSION H. R. 1796 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2006 

Received 

NOVEMBER 13, 2006 

Read twice and referred to the Committee on Energy and Natural Resources 

AN ACT 

To amend the National Trails System Act to designate the 

route of the Mississippi River from its headwaters in 

the State of Minnesota to the Gulf of Mexico for study 

for potential addition to the National Trails System as 

a national scenic trail, national historic trail, or both, 

and for other purposes. 


jcorcoran on PRODPC62 with BILLS
2 

HR 1796 RFS

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mississippi River Trail 

5 Study Act’’. 

6 SEC. 2. DESIGNATION OF ROUTE OF THE MISSISSIPPI 

7 RIVER FOR STUDY FOR POTENTIAL ADDI8 TION TO THE NATIONAL TRAILS SYSTEM. 

9 (a) DESIGNATION.—Section 5(c) of the National 

10 Trails System Act (16 U.S.C. 1244(c)) is amended— 

11 (1) by redesignating the first paragraph after 

12 paragraph (40) as paragraph (41) and, in such 

13 paragraph, by striking ‘‘The’’ and inserting ‘‘LONG

14 WALK TRAIL.—The’’; 

15 (2) by redesignating the second paragraph after 

16 paragraph (40) as paragraph (42); and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(43) MISSISSIPPI RIVER TRAIL.—The route of the 

20 Mississippi River from its headwaters in the State of Min21 nesota to the Gulf of Mexico.’’. 

22 (b) RELATION TO OTHER STUDIES.—The study re23 quired by the amendment made by this section is intended 

24 to complement, and not duplicate, other studies of the sceVerDate Aug 31 2005 01:04 Nov 16, 2006 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1796.RFS H1796

jcorcoran on PRODPC62 with BILLS
3 

HR 1796 RFS

1 nic or historical importance of the Mississippi River that 

2 may be underway or undertaken. 

Passed the House of Representatives September 25, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


jcorcoran on PRODPC62 with BILLS