alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. Lawrence J. CRANDLE, Jr., Defendant-Appellant.

No. 11-30262

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 28, 2011.

Robert William Piedrahita, Esq., Assistant U.S. Attorney, Helina S. Dayries, Assistant U.S. Attorney, Catherine M. Maraist, Assistant U.S. Attorney, U.S. Attorney’s Office, Baton Rouge, LA, for Plaintiff-Appellee.

Lawrence J. Crandle, Jr., Pollock, LA, pro se.

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Lawrence J. Crandle, Jr., has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Crandle has filed a response. The record is insufficiently developed to allow consideration at this time of Crandle’s claim of ineffective assistance of counsel; such a claim generally “ ‘cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.’ ” *United States v. Cantwell,*470 F.3d 1087, 1091 (5th Cir.2006) (quoting *United States v. Pierce,*959 F.2d 1297, 1301 (5th Cir.1992)). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Crandle’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities *930herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
III 

112TH CONGRESS 

1ST SESSION S. RES. 270 

Supporting the goals and ideals of ‘‘National Life Insurance Awareness 

Month’’. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2011 

Mr. NELSON of Nebraska (for himself, Mr. CHAMBLISS, Mr. NELSON of Florida, and Mr. ISAKSON) submitted the following resolution; which was referred to the Committee on Banking, Housing, and Urban Affairs 

OCTOBER 12, 2011 

Committee discharged; considered and agreed to 

RESOLUTION 

Supporting the goals and ideals of ‘‘National Life Insurance 

Awareness Month’’. 

Whereas the vast majority of people in the United States recognize that life insurance is important to protecting their 

loved ones; 

Whereas the life insurance industry pays approximately 

$60,000,000,000 to beneficiaries each year, providing a 

tremendous source of financial relief and security to families that experience the loss of a loved one; 

Whereas, as of the date of agreement to this resolution, the 

unfortunate reality is that approximately 95,000,000 

adults in the United States have no life insurance, and 


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2 

SRES 270 ATS 

ownership of both individual and employer-sponsored life 

insurance has declined in recent years; 

Whereas life insurance products protect against the uncertainties of life by enabling individuals and families to 

manage the financial risks of premature death, disability, 

and long-term care; 

Whereas individuals, families, and businesses can benefit 

from professional insurance and financial planning advice, including an assessment of their life insurance 

needs; and 

Whereas numerous groups supporting life insurance have designated September 2011 as ‘‘National Life Insurance 

Awareness Month’’ as a means to encourage consumers 

to become more aware of their life insurance needs, seek 

advice from qualified insurance professionals, and take 

the actions necessary to achieve financial security for 

their loved ones: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the goals and ideals of ‘‘National 

3 Life Insurance Awareness Month’’; and 

4 (2) calls on the Federal Government, States, lo5 calities, schools, nonprofit organizations, businesses, 

6 and the people of the United States to observe the 

7 month with appropriate programs and activities. 

Æ 


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<PAGE>
                                                    Amended Exhibit 27.1
             Consolidated Delivery & Logistics , Inc.
              Restated Earnings Per Share due to the
      Adoption of Statement of Financial Accounting Standard
                              No. 128
 For Each of the Three Years in the Period Ended  December 31, 1997 and for Each
 of the Quarters in the Two Years Ended December 31,
                               1997



For the Year Ended December 31, 1995:
Basic and diluted loss per share                                        ($.10)
                                                               ================

For the Three Months Ended March 31, 1996:
Basic and diluted income per share                                       $.03
                                                               ================

For the Three Months Ended June 30, 1996:
Basic and diluted income per share                                       $.05
                                                               ================

For the Three Months Ended September 30, 1996:
Basic and diluted income per share                                       $.07
                                                               ================

For the Three Months Ended December 31, 1996:
Basic and diluted loss per share                                        ($.25)
                                                               ================

For the Year Ended December 31, 1996:
Basic and diluted loss per share                                        ($.10)
                                                               ================

For the Three Months Ended March 31, 1997:
Basic and diluted income per share                                       $.02
                                                               ================

For the Three Months Ended June 30, 1997:
Basic and diluted income per share                                       $.03
                                                               ================

For the Three Months Ended September 30, 1997:
Basic and diluted income per share                                       $.01
                                                               ================

For the Three Months Ended December 31, 1997
Basic and diluted income per share                                       $.01
                                                               ================

For the Year Ended December 31, 1997:
Basic and diluted income per share                                       $.07
                                                               ================
### THE THIRTEENTH COURT OF APPEALS

13

- 22

- 00533

- CV

IN THE MATTER OF THE MARRIAGE OF MYRNA ELIZABETH HERRERA AND VICTOR HUGO GRACIA ROMAN
On Appeal from the 370th District Court of Hidalgo County , Texas Trial Court Cause No. F

- 3762

- 14

- G

JUDGMENT THE THI RTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the judgment of the trial court should be reversed and the cause remanded to the trial court . The Court orders the judgment of the trial court REVERSED and REMANDED for further pro ceedings consistent with its opinion . Costs of the appeal are adjudged against appell ee

. We further order this decision certified below for observance. April 27, 2023
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

TIMOTHY PHIPPS, SR.

, Appellant,

v.

ALITA DAVIS

, Appellee

.

No. 4D 22

- 1431

[ May 18, 2023 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit,

St. Lucie County ; Michael C. Heisey , Judge; L.T. Case No.

562017DR003222.

Timothy Clate Phipps I

, Fredericksburg, Virginia, pro se.

No brief filed on behalf of appellee.

P ER C URIAM

.

Affirmed.

W ARNER

, D AMOORGIAN and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### The People of the State of New York, Respondent, v Kevin Stevenson, Appellant.

— Appeal by defendant from a judgment of the County Court, Suffolk County (Dugan, J.), rendered September 22, 1982, convicting him of burglary in the second degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant was arrested following the burglary of a garage attached to a home and the subsequent larceny of an automo*757bile. He was observed driving the stolen automobile at an excessive rate of speed and, after failing to comply with a police officer’s directive to pull over and stop, he accelerated the vehicle and was pursued by the police officer. Approximately one minute later, the police officer discovered that the automobile he had been pursuing had crashed into a highway wall and that defendant had been thrown therefrom. Defendant was found unconscious at the scene, and a "slam hammer”, a tool commonly employed as a car-theft device, was recovered from the floor of the automobile.

Defendant’s contention that the trial court erred in denying his request for a suppression hearing is without merit, as he has no standing to contest the search. A person present in a stolen automobile at the time of a search may not object to the lawfulness of the search *(Rakas v Illinois,*439 US 128, 141, *reh denied*439 US 1122; *People v Cacioppo,*104 AD2d 559), as he cannot prove that he had a "legitimate expectation of privacy” in the automobile or in the item seized *(see, United States v Salvucci,*448 US 83; *People v Cacioppo, supra).*

Defendant further contends that the People have failed to establish every element of the crime of burglary in the second degree, as a garage is not a dwelling within the purview of the Penal Law. Penal Law § 140.25 (2) provides that "[a] person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when * * * [t]he building is a dwelling”. The term dwelling is defined as "a building which is usually occupied by a person lodging therein at night”, and the term "building” is to be given its ordinary meaning (Penal Law § 140.00 [3], [2]). The garage into which defendant entered was attached to a home and was connected by an interior door, therefore comprising essentially one building. As such, the garage was an integral part of the dwelling within the meaning of the statute and entry therein, combined with the other requisite statutory elements, was sufficient to constitute burglary *(see, White v State,*630 SW2d 340 [Tex]; *State v Haas,*13 Ore App 368, 510 P2d 852, *affd*267 Ore 489, 517 P2d 671, *revd on other grounds*420 US 714; *cf People v Lewoc,*101 AD2d 927).

We have examined defendant’s remaining contentions and find them to be without merit. Gibbons, J. P., Bracken, Rubin and Kunzeman, JJ., concur.
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 1 of 9 PageID #:154
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 2 of 9 PageID #:155
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 3 of 9 PageID #:156
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 4 of 9 PageID #:157
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 5 of 9 PageID #:158
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 6 of 9 PageID #:159
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 7 of 9 PageID #:160
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 8 of 9 PageID #:161
Case: 1:02-cv-07734 Document #: 36 Filed: 02/19/04 Page 9 of 9 PageID #:162
EXHIBIT 10.2



 Exhibit 10.2 
 WRITTEN DESCRIPTION OF 
 AMENDED ORAL AGREEMENT 
 BETWEEN 
 DR. DAVID
C. COLLINS AND 
 LEARNING TREE INTERNATIONAL, INC. 
 Dr. David C. Collins, formerly Chairman of the Board and Chief Executive Officer of Learning Tree International, Inc. (the
“Company”), has been Vice Chairman of the Board since 2007 with an annual compensation of one dollar per year plus Company-paid life insurance premiums for a special life insurance program. Dr. Collins provides advice on special
projects as mutually agreed between him and the Company and oversees a charitable program with the concurrence of the Nominating and Governance Committee of our Board of Directors.
III 

112TH CONGRESS 

2D SESSION S. RES. 422 

Commending and congratulating the University of Kentucky men’s basketball 

team for winning its eighth Division I National Collegiate Athletic Association championship. 

IN THE SENATE OF THE UNITED STATES 

APRIL 17, 2012 

Mr. MCCONNELL (for himself and Mr. PAUL) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Commending and congratulating the University of Kentucky 

men’s basketball team for winning its eighth Division 

I National Collegiate Athletic Association championship. 

Whereas on April 2, 2012, the University of Kentucky Wildcats defeated the University of Kansas Jayhawks, 67 to 

59, in the final game of the National Collegiate Athletic 

Association (referred to in this preamble as ‘‘NCAA’’) 

Division I Men’s Basketball Tournament in New Orleans, 

Louisiana; 

Whereas the Kentucky Wildcats have won 8 national titles, 

the second most in NCAA Division I men’s basketball 

history; 


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2 

•SRES 422 ATS 

Whereas the Kentucky Wildcats are the only men’s Division 

I college basketball program to have won NCAA national 

championships under 5 different coaches; 

Whereas freshman center Anthony Davis was— 

(1) the recipient of the John R. Wooden Award, the 

Naismith Trophy, and the Adolph F. Rupp Trophy, all 

for national player of the year; 

(2) named the United States Basketball Writers Association player of the year, Associated Press player of 

the year, and Basketball Times player of the year; and 

(3) selected to the Associated Press All-America first 

team and as the Most Outstanding Player of the NCAA 

Final Four tournament; 

Whereas forward Michael Kidd-Gilchrist, guard Doron Lamb, 

and center Anthony Davis were selected as members of 

the NCAA Final Four All-Tournament team; 

Whereas senior guard Darius Miller of Maysville, Kentucky 

set a school record for career games played with the Kentucky Wildcats men’s basketball team at 152; 

Whereas each player, coach, athletic trainer, and staff member of the University of Kentucky basketball team dedicated their season and their tireless efforts to the successful season of the team and the NCAA championship; 

Whereas residents of the Commonwealth of Kentucky and 

Wildcats fans worldwide are commended for their longstanding support, perseverance, and pride in the team; 

and 

Whereas Coach John Calipari and the University of Kentucky 

Wildcats have brought pride and honor to the Commonwealth of Kentucky, which is rightly known as the college 

basketball capital of the world: Now, therefore, be it 


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3 

•SRES 422 ATS 

1 Resolved, That the Senate— 

2 (1) commends and congratulates the University 

3 of Kentucky Wildcats on its outstanding accomplish4 ment; and 

5 (2) respectfully requests that the Secretary of 

6 the Senate transmit a copy of this resolution to the 

7 president of the University of Kentucky. 

Æ 


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```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 8 Enrolled Bill (ENR)]

        S.J.Res.8

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven

                            Joint Resolution

 
Providing for the appointment of Stephen M. Case as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, in accordance with 
section 5581 of the Revised Statutes (20 U.S.C. 43), the vacancy on the 
Board of Regents of the Smithsonian Institution, in the class other 
than Members of Congress, occurring by reason of the resignation of 
Phillip Frost of Florida is filled by the appointment of Stephen M. 
Case of Virginia. The appointment is for a term of 6 years, effective 
on the date of enactment of this joint resolution.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### HOME OWNERS CONSTRUCTION CO., PLAINTIFF-PETITIONER, v. BOROUGH OF GLEN ROCK, DEFENDANT-RESPONDENT.

June 2, 1960.

*Mr. J. Mortimer Rubenstein*and *Mr. George L. Garrison*for the petitioner.

*Mr. George Winne*for the respondent.

Granted.
<PAGE>
                                                                    Exhibit 12.2


I, Paul William Fulton, certify that:

1. I have reviewed this annual report on Form 20-F of Lihir Gold Limited;

2. Based on my knowledge, this report does 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, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the company as of,
and for, the periods presented in this report;

4. The company's other certifying officer and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a - 14 and 15d - 15(e)) for the company and have:

      a) Designed such disclosure controls and procedures, or caused such
      disclosure controls and procedures to be designed under our supervision,
      to ensure that material information relating to the company, 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 company's disclosure controls and
      procedures and presented in this report our conclusions about the
      effectiveness of the disclosure controls and procedures based, as of the
      end of the period covered by this report on such evaluation; and

      c) Disclosed in this report any change in the company's internal control
      over financial reporting that occurred during the period covered by the
      annual report that has materially affected, or is reasonably likely to
      materially affect, the company's internal control over financial
      reporting; and

5. The company's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
company's auditors and the audit committee of company's board of directors:

      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 company's ability 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 company's internal control
      over financial reporting

Date: June 29, 2006

/s/ Paul Fulton
---------------------------
Chief Financial Officer
Director Equity Compensation Plan



 Exhibit 10.1 
 Director Equity Compensation Plan 
 The Board approved a Director Equity
Compensation Plan. The Director Equity Compensation Plan provides for a monthly grant of stock options to each non-employee Director of the Registrant in consideration for services provided to the Registrant and subject to the terms and conditions
of the Company’s Amended and Restated 2002 Stock Plan (the “Stock Plan”). The number of stock options to be granted monthly shall be determined by the following formula: $10,000 / ([Fair Market Value on the date of grant] * 0.20).
Each monthly grant shall be made on the first trading day of the month, shall be fully vested upon grant and shall be exercisable at a strike price equal to the Fair Market Value (as defined in the Stock Plan) on the date of grant. The
Registrant’s Directors do not currently receive cash compensation for services they provide as Directors or committee members. 
 This compensation arrangement will be administered on a non-discretionary basis, provided that only the Board may change the amount or terms of future grants. This compensation arrangement will renew each year unless action is taken to the
contrary by the Board.
CERTIFICATIONS OF CEO PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
Exhibit 31.1

I, Nicholas Alexander, certify that

1. I have reviewed this annual report on Form 20-F of Apiva Ventures Ltd.;

2. Based on my knowledge, this report does 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, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report; 4. The registrant's other
certifying 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 our supervision, 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 report our 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's fourth 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 over financial reporting, to the registrant's
auditors and the audit committee of 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's ability 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.

June 30, 2006

_/s/ Nicholas Alexander_________
Nicholas Alexander
Secretary and Director