alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alphonsus McNEIL, Petitioner, v. W. D. BLANKENSHIP, Superintendent Correctional Field Unit # 7, Respondent.

Civ. A. No. 73-C-33-H.

United States District Court, W. D. Virginia, Harrisonburg Division.

Oct. 26, 1973.

*192Phillip C. Stone, Wharton, Aldhizer & Weaver, Harrisonburg, Va., for petitioner.

William A. Carter, III, Asst. Atty. Gen., Richmond, Va., for respondent.

OPINION AND JUDGMENT

DALTON, District Judge.

This case is before this court upon a petition for injunctive relief filed *in for-ma pauperis*on August 8, 1973, by Alphonsus McNeil, a state prisoner, pursuant to 42 U.S.C. § 1983. This *pro se*action was originally filed in the United States District Court for the Eastern District of Virginia, and by order dated August 8, 1973, was transferred to this court.

Petitioner alleges that upon being transferred from the Virginia State Penitentiary to Field Unit # 7, he suffered a cut in his bonus and compensation pay for work done in those facilities, and that the reduction in compensation was due to racial discrimination in violation of the Thirteenth and Fourteenth Amendments.

By order of August 24, 1973, this court appointed counsel to represent petitioner in this matter.

Respondent has moved for summary judgment, admitting that petitioner’s allegation is well taken, but shows by affidavit that on August 22, 1973, the Superintendent of Field Unit # 7 was instructed by the Superintendent of the Bureau of Correctional Field Units to correct the pay records of petitioner so that he would receive the same amount of bonus pay he was receiving before assignment to Unit # 7. In addition, he would receive a sum sufficient to make up for the deficiency which occurred as a result of his transfer.

Petitioner has indicated to his counsel that he is not satisfied with this relief, and objects to dismissal of his action without some recovery for mental anguish that he alleges that he has suffered as a result of the initial difference in compensation that he received upon transfer. This allegation by no stretch of the imagination is one of such magnitude as to rise to the level of a constitutional deprivation as would empower this court to act pursuant to § 1983.

For the above reasons, respondent’s motion for summary judgment is granted, and petitioner’s complaint is ordered dismissed.
* 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should not be published and is not precedent except under the limited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. 07-51210

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JOSE LUIS LUGO-QUINONES

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:07-CR-152-1

Before JOLLY, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Jose Luis Lugo-Quinones (Lugo) appeals the 33-month sentence he

received after he pleaded guilty to conspiracy to possess marijuana with intent

to distribute and possession with intent to distribute. Lugo contends that the

sentence was unreasonable because the court failed to consider that he

committed the offense in order to pay for his 15-year old daughter’s birthday

party or that he has not been convicted of a crime since 1997. 

United States Court of Appeals

Fifth Circuit

F I L E D

June 24, 2008

Charles R. Fulbruge III

Clerk
No. 07-51210

2

Lugo did not argue in the district court that his sentence was

unreasonable. Nor did he argue that the motive for his offense should affect the

sentence he received. Therefore, his sentence is reviewed for plain error. See

United States v. Peltier, 505 F.3d 389, 390-93 (5th Cir. 2007), petition for cert.

filed (Jan. 22, 2008) (No. 07-8978). 

The district court committed no procedural error at sentencing. See Gall

v. United States, 128 S. Ct. 586, 597 (2007). Moreover, the district court

addressed the nature and circumstances of Lugo’s offense, the seriousness of his

offense, and the need to deter him from additional crimes. See 18 U.S.C.

§ 3553(a)(1) and (2). The district court also considered the guideline range and

any policy statements of the Sentencing Commission. See § 3553(a)(4) & (5).

Thus, Lugo has not shown that the sentence imposed by the district court was

an abuse of discretion that constituted error, plain or otherwise. See Gall, 128

S. Ct. at 597; United States v. Nikonova, 480 F.3d 371, 376 (5th Cir.), cert.

denied, 128 S. Ct. 163 (2007). The judgment of the district court is AFFIRMED.
#### BAMBERG v. INTERNATIONAL RY. CO. et al.

(Supreme Court, Appellate Division, Fourth Department.

November 13, 1907.)

Action by Ernest Bamberg against the International Railway Company and others.

No ■opinion. Motion for reargument denied, with $10 costs.
# C_2008137EN.01000601.xml

| 4.6.2008 | EN | Official Journal of the European Union | C 137/6 |
| --- | --- | --- | --- |

4.6.2008

EN

Official Journal of the European Union

C 137/6

---

Non-opposition to a notified concentration

(Case COMP/M.4786 — Deutsche Bahn/Transfesa)

(Text with EEA relevance)

(2008/C 137/04)

On 18 March 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32008M4786. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M4786. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

6 

KA 13-00410 

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

RYAN P. BRAHNEY, DEFENDANT-APPELLANT. 

(APPEAL NO. 1.)

 

DAVID P. ELKOVITCH, AUBURN, FOR DEFENDANT-APPELLANT.

RYAN P. BRAHNEY, DEFENDANT-APPELLANT PRO SE.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Cayuga County Court (Thomas G.

Leone, J.), rendered October 25, 2012. The judgment convicted

defendant, upon a nonjury verdict, of murder in the second degree (two

counts), burglary in the first degree (two counts), criminal

possession of a weapon in the fourth degree and criminal contempt in

the first degree (two counts). 

It is hereby ORDERED that said appeal from the judgment insofar

as it imposed sentence is unanimously dismissed and the judgment is

affirmed.

Same memorandum as in People v Brahney ([appeal No. 2] ___ AD3d

___ [Mar. 20, 2015]).

Entered: March 20, 2015 Frances E. Cafarell

Clerk of the Court
**Exhibit 8.1 - Subsidiaries**

 

 

| **Entity**                                                 | **Jurisdiction of Incorporation** | **Names Under Which the Entities Conduct Business** |
|------------------------------------------------------------|-----------------------------------|-----------------------------------------------------|
|                                                       |                              |                                                |
| **Trinity River International Investments (Bermuda) Ltd.** | **Bermuda**                       | **N/A**                                             |
|                                                       |                              |                                                |
| **Alcon Credit Corporation**                               | **Canton of Zug, Switzerland**    | **N/A**                                             |
|                                                       |                              |                                                |
| **Alcon Holdings Inc.**                                    | **State of Delaware, U.S.A.**     | **N/A**                                             |
|                                                       |                              |                                                |
| **Alcon Laboratories, Inc.**                               | **State of Delaware, U.S.A.**     | **N/A**                                             |
|                                                       |                              |                                                |
#### The People of the State of New York, Respondent, v Willie Williams, Appellant.

Appeal by defendant from a *360judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered January 28, 1983, convicting him of robbery in the third degree, after a nonjury trial, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of *2Yz*to 5 years.

Judgment affirmed.

Defendant contends that his conviction of robbery in the third degree was contrary to the weight and sufficiency of the evidence. We disagree. The evidence adduced at trial, when viewed in the light most favorable to the People, is sufficient to establish defendant’s guilt beyond a reasonable doubt *(People v Contes,*60 NY2d 620, 621). We also find no merit to defendant’s contention that the second felony offender statute (Penal Law § 70.06) is unconstitutional *(People v Vasquez,*104 AD2d 1012). Mollen, P. J., Mangano, Gibbons and Bracken, JJ., concur.
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(55 Misc. Rep. 386.)

#### WEBER v. CREDIT OFFICE.

(Supreme Court, Special Term, New York County.

July, 1907.)

Libel—Words Actionable Peb Se.

An attorney brought an action for libel, alleging that defendant wrote plaintiffs client that plaintiff was “only taking the matter up in order to get a fee out of you, as he is not looking after your interests at ail.” *Held,*that the words were actionable per se.

[Ed. Note.—For cases in point, see Cent. Dig. voi. 32, Libel and Slander, §§ 80-90.]

Action by Joseph Weber against the Credit Office. Demurrer to complaint overruled.

J. Weber, for plaintiff.

W. C. Schoup, for defendant.

BISCHOFF, J.

The complaint charges the publication of a libel in the sending of a letter by the defendant to a client of the plaintiff, an attorney at law, containing the following words:

> “We have seen your attorney, and he positively refuses to pay the costs. As far as we can see, he is only taking the matter up in order to get a fee out of you, as he is not looking after your interests at ail.”

Clearly, beyond the need of argument, the words used charge the plaintiff with an attempt to sacrifice the rights of his client for his own profit—an attempt which involves actual dishonesty in a relation of peculiar trust and confidence. Thus the statement necessarily affects the plaintiff directly in his profession. It goes to his personal integrity, which is a vital quality in his relations with his clients, and the charge must, according to any reasonable acceptance, be deemed to be pointed to his fitness to act as a lawyer in any case. The mere expression of opinion of a lawyer’s skill in particular matters may not, as is suggested by the defendant, be taken as libelous per se; but the words before me bear no such restricted meaning. General unfitness is charged, in effect, and the plaintiff is clearly affected in his profession by the matter published. The demurrer is therefore overruled, with costs, with leave to the defendant to withdraw the demurrer and answer upon payment of costs within 30 days.

Demurrer overruled, with costs, with leave to defendant to withdraw demurrer and answer upon payment of costs within 30 days.
Exhibit 23.1




CONSENT OF INDEPENDENT REGISTERED PUBLIC
ACCOUNTING FIRM







We
consent to the incorporation by reference in the Registration Statement on Form
S-8 (No. 333- 156407) of China Agritech Inc. of our report dated March 10, 2008,
with respect to the consolidated balance sheet of China Agritech, Inc. and its
subsidiaries as of December 31, 2007, and the related consolidated
statements of income, stockholders’ equity and cash flows for the year ended
December 31, 2007, which report appears in the Annual Report on Form 10-K of
China Agritech Inc.







/s/Kabani & Company,
Inc.


Certified Public
Accountants





Los Angeles, CA





March 30, 2009
#### In re THREE-DIMENSIONAL MEDIA GROUP, LTD.

No. 2011-1055. (Reexamination No. 90/007,578).

United States Court of Appeals, Federal Circuit.

Dec. 12, 2011.

Seth H. Ostrow, Ostrow Kaufman, LLP, of New York, NY, argued for the appellant. With him on the brief were Matthew L. Kaufman was Antonio Papageorgiou.

William Lamarca, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With him on the brief were Raymond T. Chen, Solicitor, and Scott Weid-enfeller, Associate Solicitor.

LOURIE, PLAGER, and DYK, Circuit Judges.

*771JUDGMENT

PER CURIAM.

This Cause having been heard and considered,

it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA 

FORT WAYNE DIVISION 

 

UNITED STATES OF AMERICA ) 

 ) 

 v. ) CASE NO.: 1:13-CR-53-TLS 

 ) 

KEITH L. KINNEY ) 

 

ORDER ACCEPTING FINDINGS AND RECOMMENDATION 

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

Magistrate Judge [ECF No. 55], filed on November 17, 2016. The Defendant has waived 

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

Findings and Recommendation [ECF No. 55] 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), if applicable and necessary, the plea of guilty to the offense 

charged in Count One (1) of the single Count 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 6, 2016. 

 s/ Theresa L. Springmann 

 JUDGE THERESA L. SPRINGMANN 

 UNITED STATES DISTRICT COURT
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Exhibit32.2

CERTIFICATION BY CHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

In connection withthe Quarterly Report of Home Director, Inc. (the"Company") on Form 10-QSB for the quarterended September 30, 2004 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, Daryl Stemm, Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(1) The Report fully complies with the requirements ofSection 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 ofoperations of the issuer.

|                          |  |                                                 |  |  |  |  |
|--------------------------|--|-------------------------------------------------|--|--|--|--|
|      |  | /s/ Daryl Stemm                                 |
|                     |  | Daryl StemmChief Financial Officer andSecretary |
|                          |

November 19,2004

----