alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v James P. Kinney, Appellant.

[942 NYS2d 511]

Judgment, Supreme Court, New York County (Patricia M. Nunez, J.), rendered April 27, 2009, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously affirmed.

The court properly denied defendant’s motion to withdraw his guilty plea *(see People v Frederick,*45 NY2d 520 [1978]). “[T]he nature and extent of the fact-finding procedures on such motions rest largely in the discretion of the court” *(People v Fiumefreddo,*82 NY2d 536, 544 [1993]). The court granted defendant a full opportunity to present his claims, and the circumstances did not warrant further inquiry. The record establishes the voluntariness of the plea.

In moving to withdraw his plea, defendant claimed he pleaded guilty, despite his innocence, because he expected his attorney’s ineffectiveness would have resulted in a conviction after trial. Defendant cited some lines of investigation that he thought counsel should have pursued. However, the court was entitled to rely on its familiarity with the case, including both the plea allocution and prior proceedings, in rejecting defendant’s claims. We find nothing in the record that casts doubt on the effectiveness of the attorney who represented defendant at the time of the plea, or a prior attorney who had been replaced at defendant’s request *(see generally People v Ford,*86 NY2d 397, 404 [1995]).

Defendant also claims his plea allocution was insufficient because the court did not inquire about a possible agency defense, even though the court knew defendant had raised that *642defense before the grand jury. However, defendant did not move to withdraw his plea on that ground. Moreover, this case does not come within the narrow exception to the preservation requirement *(see People v Lopez,*71 NY2d 662 [1988]), because there was nothing in the plea allocution that cast doubt on defendant’s guilt or raised an agency defense. Accordingly, this claim is unpreserved and we decline to review it in the interest of justice.

As an alternative holding, we also reject it on the merits. Nothing occurred during the plea allocution that would trigger a duty to inquire about a waiver of an agency defense *(see e.g. People v Fiallo,*6 AD3d 176, 177 [2004], *lv denied*3 NY3d 640 [2004]; *compare People v Mobley,*68 AD3d 786 [2009]). “The court’s duty to inquire [is] not triggered by statements [that a] defendant may have made at junctures other than the plea proceeding itself’ *(People v Sands,*45 AD3d 414, 415 [2007], *lv denied*10 NY3d 816 [2008]). Concur — Tom, J.P., Friedman, Catterson, Acosta and Freedman, JJ.
EXHIBIT 32.1

Certification of CEO 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 on Form 10-Q of AMCORE Financial, Inc. (the
Company) for the quarterly period ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), William R. McManaman, as Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his 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.



|                        
|------------------------
|/s/ William R. McManaman
|William R. McManaman    
|Chief Executive Officer 
|November 7, 2008        

This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 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 Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by § 906 of the Sarbanes-Oxley Act of 2002 has been provided to AMCORE Financial, Inc. and will be retained by AMCORE Financial, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 10.1








	 	
Ceres Managed Futures LLC


	 	
522 Fifth Avenue


	 	
New York, New York 10036


	 	 
	


	 





March 10, 2015


Morgan Stanley Smith Barney LLC


522 Fifth Avenue, 13th Floor


New York, New York 10036













	Re:	Ceres Managed Futures LLC:  Amended Schedules 1 and 2 to the Alternative Investment Selling Agent Agreement





Ladies and Gentlemen:


Pursuant to paragraph 13(c) of the Alternative Investment Selling Agent Agreement dated November 12, 2013, as amended on March 1, 2014; April 7, 2014; August 8, 2014 and as further amended from time to time (the “Agreement”), between, among others, Ceres Managed Futures LLC (“CMF”), the general partner of each of the limited partnerships listed on Schedule 1 thereto (each, a “Partnership,” and together, the “Partnerships”), and Morgan Stanley Smith Barney LLC (“MSSB”), CMF is hereby confirming that Schedules 1 and 2 to the Agreement are hereby deleted in their entirety and replaced with Schedules 1 and 2 attached hereto effective as of January 1, 2015.


Notwithstanding anything to the contrary in the Agreement, by signing below MSSB hereby agrees to, acknowledges and accepts the amendment of the Agreement, effective as of January 1, 2015.













Page 2


 


If the foregoing is in accordance with your understanding of our discussions, kindly sign and return to us a counterpart hereof (by mail, facsimile or email) as soon as possible.







	 	
Sincerely,


 


	 	 	
CERES MANAGED FUTURES LLC


 


	 	 	
By:

	
/s/ Patrick T. Egan                               


	 	 	 	
Patrick T. Egan


	 	 	 	
President and Director


	 	 	 	 
	 	 	 	 
	 	 	
EACH PARTNERSHIP LISTED ON


	 	 	
SCHEDULE 1 HERETO


 


	 	 	
By:  Ceres Managed Futures LLC, the


	 	 	
general partner of each Partnership


	 			
	 	 	
By:

	
/s/ Patrick T. Egan                              


	 	 	 	
Patrick T. Egan


	 	 	 	
President and Director
























Confirmed, accepted and agreed to:


MORGAN STANLEY SMITH BARNEY LLC


By:  /s/ Jeremy Beal                                  


Name:  Jeremy Beal


Title:  Executive Director














Page 3


 




Schedule 1







	
PARTNERSHIP

	
STATE AND DATE OF ORGANIZATION

	
EFFECTIVE DATE


	
Managed Futures Premier Energy Fund L.P. II

	
New York; March 25, 2002

	
March 1, 2014
















Page 4


 




  


Schedule 2







	
PARTNERSHIP

	
ONGOING SELLING AGENT FEE


	
Managed Futures Premier Energy Fund L.P. II

	
2.00% per year of the adjusted net assets of the Partnership (computed monthly by multiplying the adjusted net assets of the Partnership by 2.00% and dividing the result thereof by 12)1
















1            Adjusted net assets are month-end Net Assets increased by the current month’s ongoing selling agent fee, management fee, profit share allocation accrued, the general partner’s administrative fee, other expenses and any redemptions or distributions as of the end of such month.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 638 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 638

      To amend the Immigration and Nationality Act to provide for 
compensation to States incarcerating undocumented aliens charged with a 
                  felony or two or more misdemeanors.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

  Mrs. Feinstein (for herself, Mr. Kyl, Mr. McCain, Mr. Schumer, Mrs. 
  Boxer, and Mrs. Hutchison) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
      To amend the Immigration and Nationality Act to provide for 
compensation to States incarcerating undocumented aliens charged with a 
                  felony or two or more misdemeanors.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SCAAP Reimbursement Protection Act 
of 2011''.

SEC. 2. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED ALIENS CHARGED 
              WITH CERTAIN CRIMES.

    Section 241(i)(3)(A) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)(3)(A)) is amended by inserting ``charged with or'' 
before ``convicted''.
                                 <all>
```
EXHIBIT 32.2



Certification of CFO 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 on Form 10-Q of AMCORE Financial, Inc. (the Company) for the quarterly period ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), John R. Hecht, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of his 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.



|                       
|-----------------------
|/s/  JOHN R. HECHT     
|John R. Hecht          
|Chief Financial Officer



November 9, 2004



This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of
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 Section 18 of the Securities Exchange Act of 1934, as amended.



A signed original of this written statement required by § 906 of the Sarbanes-Oxley Act
of 2002 has been provided to AMCORE Financial, Inc. and will be retained by AMCORE Financial, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Page 36141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14578]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The public portions of the applications listed below, as well as 
other related filings required by the Board, if any, are available for 
immediate inspection at the Federal Reserve Bank(s) indicated below and 
at the offices of the Board of Governors. This information may also be 
obtained on an expedited basis, upon request, by contacting the 
appropriate Federal Reserve Bank and from the Board's Freedom of 
Information Office at https://www.federalreserve.gov/foia/request.htm. 
Interested persons may express their views in writing on the standards 
enumerated in the BHC Act (12 U.S.C. 1842(c)).
    Comments regarding each of these applications must be received at 
the Reserve Bank indicated or the offices of the Board of Governors, 
Ann E. Misback, Secretary of the Board, 20th Street and Constitution 
Avenue NW, Washington, DC 20551-0001, not later than August 9, 2021.
    A. Federal Reserve Bank of Minneapolis (Chris P. Wangen, Assistant 
Vice President), 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:
    1. Stearns Financial Services, Inc., Employee Stock Purchase Plan 
and Trust, Saint Cloud, Minnesota; to acquire up to 24 percent of 
additional voting shares of Stearns Financial Services, Inc., Saint 
Cloud, Minnesota, and thereby indirectly acquire additional voting 
shares of Stearns Bank, National Association, also of Saint Cloud, 
Minnesota, Stearns Bank of Upsala, National Association, Upsala, 
Minnesota, and Stearns Bank of Holdingford, National Association, 
Holdingford, Minnesota.

    Board of Governors of the Federal Reserve System, July 2, 2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021-14578 Filed 7-7-21; 8:45 am]
BILLING CODE P
#### Lewis S. Samuel, Respondent, *v.*The Fidelity and Casualty Company of New York, Appellant.

(Argued March 21, 1890;

decided April 15, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 28, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.

*661
      *Thomas 8. Moore*for appellant.

*Daniel P. Hays*for respondent.

Agree to affirm on opinion below.

All concur.

Judgment affirmed.
#### DONNELLY, Appellant, v. ROGERS, Respondent.

(Supreme Court, Appellate Division, First Department.

October 25, 1907.)

Action by William F. Donnelly against Clarence De W. Rogers. F. Bien, for appellant. C. D. Rogers, for respondent.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed.
I 

109TH CONGRESS 

1ST SESSION H. R. 2132 

To extend the waiver authority of the Secretary of Education with respect 

to student financial assistance during a war or other military operation 

or national emergency. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2005 

Mr. KLINE (for himself, Mr. BOEHNER, Mr. MCKEON, Mr. GEORGE MILLER

of California, and Mr. KILDEE) introduced the following bill; which was 

referred to the Committee on Education and the Workforce 

A BILL 

To extend the waiver authority of the Secretary of Education 

with respect to student financial assistance during a 

war or other military operation or national emergency. 

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

3 SECTION 1. EXTENSION OF WAIVER AUTHORITY. 

4 Section 6 of the Higher Education Relief Opportuni5 ties for Students Act of 2003 (20 U.S.C. 1070, note) is 

6 amended by striking ‘‘September 30, 2005’’ and inserting 

7 ‘‘September 30, 2007’’. 

Æ
#### Thomas F. Mason (successor of Henry R. Pierson), as Receiver, etc., Respondent, *v.*Andrew W. Morgan (deceased) et al., Justine M. Cronk, Administratrix, Appellant.

(Argued June 12, 1890;

decided June 24, 1890.)

Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of October, 1888, which affirmed an order of Special Term, granting plaintiff leave to sever the action and to revive the same against Justine M. Cronk, administratrix of defendant *706Andrew W. Morgan, deceased, and to serve a supplemental summons and complaint.

*P. H. Veron*for appellant.

*William C. Trull*for respondent.

Agree-to affirm; no opinion.

All concur, except Peokham, J., not sitting.

Order affirmed.
8739 Research Drive

Charlotte, NC 28288

							WACHOVIA SECURITIES
 

 
**OFFICER'S CERTIFICATE

	Reference is hereby made to that certain Pooling and Servicing Agreement      dated as of February 25,  2002, by and among First Union Commercial Mortgage Securities, Inc., as Depositor, Wachovia Bank National Association (Formerly known as First Union National Bank) as Master Servicer, GMAC Commercial Mortgage Corp.,  as Special Servicer, and Wells Fargo Bank Minnesota, National Association as  Trustee, with respect to Commercial Mortgage Pass Through Certificates, Series 2002 C1 (the "Agreement"). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

	Pursuant to Section 3.13 of this Agreement, Timothy E. Steward and Clyde         M. Alexander, Directors of the Master Servicer, do hereby certify that:
-   A review of the activities of the Master Servicer during the period from      January 1, 2003 through December 31, 2003 and of its performance  under    the Agreement during such period has been made under our supervision; and
To the best of our knowledge, based on such review, the Master Servicer has fulfilled all its obligations under  the  Agreement in all material respects   throughout the period January 1, 2003 through  December 31, 2003; and
The Master Servicer has received no notice regarding qualification, or    challenging the status, of REMIC I or REMIC II as a  REMIC under the        REMIC Provisions or the Grantor Trust as a "Grantor Trust" for income tax                              purposes under the Grantor Trust Provisions from the Internal Revenue            Service or any other governmental agency or body.

             IN WITNESS WHEREOF, the undersigned have executed this Certificate as of                        the 12th day of March, 2004.

 

*Timothy E. Steward  			***Clyde M. Alexander
Timothy E. Steward, Director 			Clyde M. Alexander, Director

Wachovia Bank National Association		Wachovia Bank National Association	

(Formerly known as First Union		(Formerly known as First Union

   National Bank)				   National Bank)

 

 

 

First Union National Bank Commer Mtg Trust 2002 C-1******
**Exhibit 31.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO**

**SECURITIES EXCHANGE ACT RULES 13a-15(e), AS ADOPTED PURSUANT**

**TOSECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I, Ihab Abu-Hakima, certify that: 

1. I have reviewed this annual report on Form 10-K of Meru Networks, Inc.; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material factnecessary 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, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented in this report; 

4. The registrant’s othercertifying officer 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 oursupervision, 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 report is being prepared;

b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this reportour 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 registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual 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 officer and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’sability 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. 

 

Dated: March 11, 2011
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61st annual USDA Honor Awardsheadline bar **USDA Honor Award presented to:*****Ug99 Team to Combat New, Virulent Wheat and Barley Stem Rusts***Agricultural Research Service, St. Paul, Minnesota/Raleigh, North Carolina Yue Jin* and David S. Marshall, Group Leaders For excellence in rapid mobilization of research expertise and resources to assess vulnerability to Ug99 African wheat stem rust, resulting in early deployment of genetic resources to protect the nation's grain supply. Group Members:A. Rick Bennett, Harold E. Bockelman, J. Michael Bonman, Gina Brown-Guedira,Martin L. Carson*, Blair J. Goates, Robert A. Graybosch, C. James Peterson,Michael O. Pumphrey, M. K. W. Simmons, Les J. Szabo*, Steven S. Xu * Cereal Disease Laboratory research scientists. All Honor Awards recipients are listed on: USDA 61st Annual Awards.


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