alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Inventions & Novel Equipment Designsheadline bar Eric B. Brennan **Inventions & Novel Equipment Designs /ARSUserFiles/21904/Photos/Novel Tools and equipment.png** Graft guide (described in thispaper) 1998/ARSUserFiles/21904/Photos/invention graft guide rs.png
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#### UNITED STATES of America, Plaintiff-Appellee v. James Eddie BROWN, Defendant-Appellant.

No. 10-20750

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 14, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Frank Svetlik, Esq., Law Office of Frank Svetlik, Houston, TX, for Defendant-Appellant.

Before KING, JOLLY, and GRAVES, Circuit Judges.

PER CURIAM: *

James Eddie Brown pleaded guilty to aiding and abetting possession of counter*812feit securities and was sentenced to 120 months of imprisonment and three years of supervised release. He reserved the right to appeal the district court’s denial of his motion to suppress the statements he made to law enforcement officials.

We review the district court’s conclusions of law de novo and its findings of facts, including credibility determinations, for clear error, viewing the evidence in the light most favorable to the Government. *United States v. Montes,*602 F.3d 381, *384-85 (5th Cir.2010). The*voluntariness of Brown’s statements as well as whether he invoked his right to counsel are mixed questions of law and fact that we review de novo. *See Soffar v. Cockrell,*300 F.3d 588, 592 (5th Cir.2002).

Brown was adequately warned of the consequences of waiving his *Miranda*
      *1*
      **rights. *See United States v. Hearn,*563 F.3d 95, 104 (5th Cir.2009); *United States v. Sonderup,*639 F.2d 294, 297-98 (5th Cir. Unit A Mar.1981); *United States v. Kershner,*432 F.2d 1066, 1071 (5th Cir.1970). The district court did not clearly err in crediting the agent’s testimony that Brown was not promised anything in exchange for his cooperation and did not invoke his right to counsel during the interview. *See United States v. Garza,*118 F.3d 278, 283 (5th Cir.1997). The district court did not err, much less plainly err, in failing to suppress Brown’s statements on the basis of a fraternal privilege. *See United States v. Olano,*507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

The judgment of the district court is AFFIRMED. To the extent that Brown’s counsel is seeking to withdraw from representing Brown in connection with any petition for a writ of certiorari before the United States Supreme Court, such motion is DENIED as premature. *See*Fifth Circuit Plan under the Criminal Justice Act, § 6.

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.

. *Miranda v. Arizona,*384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
**Exhibit 15.1**

The Board of Directors and Shareholders 

Gulf Island Fabrication, Inc. 

We are aware of the incorporation by reference in the Registration Statement (Form S-8No. 333-46155) pertaining to the Long-Term Incentive Plan and the Registration Statement (Form S-8 No. 333-88466) pertaining to the 2002 Long-Term Incentive Plan, of our reports dated April 27, 2006 and July 25, 2006, relating to theunaudited condensed consolidated financial statements of Gulf Island Fabrication, Inc. that are included in its Forms 10-Q for the quarters ended March 31, 2006 and June 30, 2006. 

 

New Orleans, Louisiana 

July 25, 2006
#### The People of the State of New York, Respondent, v Andre Allen, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Schwartzwald, J.), rendered December 20, 1982, convicting him of two counts of robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The evidence adequately showed that defendant participated in the robbery, and was not a mere bystander *(Matter of Wade F.,*49 NY2d 730). Under the circumstances, including defendant’s prior criminal history, the sentence imposed was not excessive. Thompson, J. P., Weinstein, Neihoff and Lawrence, JJ., concur.
#### Fern Martin, Respondent, v Kone, Inc., Appellant.

[941 NYS2d 588]

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered September 26, 2011, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

This is action for personal injuries allegedly suffered by plaintiff when she was struck by an elevator door that failed to retract while she was attempting to exit the elevator. Contrary to the motion court’s determination, defendant elevator maintenance company established that it did not have actual or *447constructive notice of a defective detector edge on the elevator door and did not fail to use reasonable care to correct a condition of which it should have been aware *(see Gjonaj v Otis El. Co.,*38 AD3d 384, 385 [2007]; *Santoni v Bertelsmann Prop., Inc.,*21 AD3d 712, 713 [2005]).

In opposition, plaintiff failed to raise a triable issue of fact on the issue of actual or constructive notice. There was no evidence that the prior incidents identified in the work tickets “were of a similar nature to the accident giving rise to this lawsuit” or “were caused by the same or similar contributing factors” *(Chunhye Kang-Kim v City of New York,*29 AD3d 57, 60-61 [2006]; *see Levine v City of New York,*67 AD3d 510, 510-511 [2009]).

Plaintiff also failed to raise an issue of fact as to defendant’s negligent maintenance since her expert’s affidavit contained mere speculation, unsupported by any evidentiary foundation *(see Diaz v New York Downtown Hosp.,*99 NY2d 542, 544 [2002]). The expert failed to provide the results of his “examination” of the elevator and elevator room, or identify the basis for his conclusion that plaintiffs accident was caused by defendant’s failure to maintain the elevator in accordance with industry standards.

However, defendant’s witness testified that he did not know what type of detector edge was on the elevator or whether the detector edge had multiple beams in it. Thus, there was no evidence in the record that plaintiff had access to the mechanism that would cause the door to retract *(see Gutierrez v Broad Fin. Ctr., LLC,*84 AD3d 648 [2011]; *Ianotta v Tishman Speyer Props., Inc.,*(46 AD3d 297, 298 [2007]). Therefore, defendant is not entitled to summary judgment. Concur — Gonzalez, P.J., Tom, Catterson, Renwick and Richter, JJ.
<PAGE>

                                                                    Exhibit 23.2

                       [Letterhead of Deloitte & Touche]


To The Board of Directors
LaSalle Re Holdings Limited

We consent to incorporation by reference in the registration statement (No.
333-64543) on Form S-3 and registration statements (No. 333-38653) and (No.
333-38655) on Form S-8 of LaSalle Re Holdings Limited of our report dated
November 5, 1999, relating to the consolidated balance sheet of LaSalle Re
Holdings Limited and subsidiaries as of September 30, 1999, and the related
consolidated statements of operations and comprehensive income, changes in
shareholders' equity and cash flows for the year ended September 30, 1999, and
all related schedules, which report appears in the September 30, 1999, annual
report on Form 10-K of LaSalle Re Holdings Limited, and to the reference to our
firm under the heading "Experts".

/s/ DELOITTE & TOUCHE
Chartered Accountants

Hamilton, Bermuda
December 22, 1999
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS

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APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FOR:

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Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 1 of 15 PageID #:35
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 2 of 15 PageID #:36
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 3 of 15 PageID #:37
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Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 7 of 15 PageID #:41
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 8 of 15 PageID #:42
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 9 of 15 PageID #:43
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 10 of 15 PageID #:44
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 11 of 15 PageID #:45
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 12 of 15 PageID #:46
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 13 of 15 PageID #:47
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 14 of 15 PageID #:48
Case: 1:02-cv-04766 Document #: 7 Filed: 08/20/02 Page 15 of 15 PageID #:49
# Official Journal L 371/2020

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 371 |
| | |
| English edition | Legislation | Volume 636 November 2020 |

ISSN 1977-0677

Official Journal

of the European Union

L 371

English edition

Legislation

Volume 636 November 2020

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Council Decision (EU) 2020/1638 of 4 November 2020 on the position to be adopted on behalf of the European Union within the International Coffee Council | 1 |
| | * | Council Decision (CFSP) 2020/1639 of 5 November 2020 establishing the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects | 3 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Council Decision (EU) 2020/1638 of 4 November 2020 on the position to be adopted on behalf of the European Union within the International Coffee Council

1

*

Council Decision (CFSP) 2020/1639 of 5 November 2020 establishing the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Exhibit 13.2


                      CHIEF FINANCIAL OFFICER CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the Annual Report of Nordic American Tanker Shipping
Limited  (the  "Company")  on Form 20-F for the year ended  December 31, 2004 as
filed with the  Securities and Exchange  Commission  (the "SEC") on or about the
date hereof (the "Report"),  I, Rolf Amundsen,  Chief  Financial  Officer of the
Company,  certify,  pursuant to 18 U.S.C.  Section 1350, as adopted  pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (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.

A signed original of this written statement has been provided to the Company and
will be  retained  by the  Company  and  furnished  to the SEC or its staff upon
request.

Date: June 30, 2005

/s/ Rolf Amundsen
------------------------
Chief Financial Officer
#### The People of the State of New York, Respondent, v Phillip Ross, Appellant.

—Appeal by defendant from a judgment of the Supreme Court, Queens County (Browne, J.), rendered December 17, 1982, convicting him of murder in the second degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence. This appeal brings up for review the denial (Agresta, J.), after a hearing, of that branch of defendant’s pretrial motion which sought suppression of certain statements.

Judgment affirmed.

Viewing the evidence adduced at trial in the light most favorable to the People, as we must, it cannot be said that no rational trier of fact could have found beyond a reasonable doubt that defendant acted with a depraved indifference to human life and was aware of and consciously disregarded a *685substantial and unjustifiable risk of death, where there was testimony that he repeatedly slapped the deceased, a five-year-old boy, and hit him with a dowel, a plastic instrument, and a piece of molding with such force that the latter two objects broke. In addition, although a reasonable view of the evidence could support a conclusion that defendant’s actions were not the sole cause of death, there was sufficient evidence adduced from which the jury could reasonably have concluded that they were "an actual contributory cause of death, in the sense that they 'forged a link in the chain of causes which actually brought about the death’ *(People v Stewart,*40 NY2d 692, 697)” *(Matter of Anthony M.,*63 NY2d 270, 280). Thus the People have met their burden of proving beyond a reasonable doubt that defendant caused the death of the deceased *(see, People v Stewart, supra).*

Furthermore, although there was some conflicting testimony at trial as to exactly when defendant was given his *Miranda*warnings, the jury was adequately instructed regarding the law applicable to defendant’s statements.

With regard to the jury charge, the trial court erred when, in enumerating the elements the People were required to prove beyond a reasonable doubt in order to support a conviction for "depraved indifference” murder, it omitted the element that defendant caused the death of the deceased *(see, People v Collins,*103 AD2d 781; *People v Zurita,*76 AD2d 871; *People v Satisfield,*68 AD2d 817). However, this error was rendered harmless, since the court read Penal Law § 125.25 (2) twice during its charge-in-chief and once during its supplemental charge and defense counsel’s summation repeatedly referred to the issue of whether or not defendant’s acts caused the deceased’s death *(see, People v Lopez,*59 AD2d 767; *People v Varisco,*57 AD2d 596).

We have examined defendant’s remaining contentions and find them to be either without merit or not preserved for our review. Gibbons, J. P., Thompson, Niehoff and Kunzeman, JJ., concur.
EXHIBIT 31.1CERTIFICATIONI, Jeffrey I. Dreben, certify that:1. I have reviewed this report on Form 10-QSB of CVF Technologies Corporation; 2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)for the registrant and have: a. designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is beingprepared;  b. evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c. disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fiscal fourthquarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing the equivalentfunctions): a. all significant deficiencies and material weaknesses in thedesign or operation of which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and  b. any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’s internalcontrol over financial reporting.Date: May 15, 2007       /s/ Jeffrey I. Dreben Jeffrey I. Dreben,