alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### SMITH, Respondent, v. GEORGE RINGLER & CO., Appellant.

(Supreme Court, Appellate Division, First Department.

October 25, 1907.)

Action by Gus T. Smith against George Ringler & Co. W. Seabury, for appellant. J. M. Mayer, for respondent.

No opinion. Order affirmed, with §10 costs and disbursements. Order filed.
* 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that this opinion should not be published and is not precedent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. 98-30164

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VELTA FERGINS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana 

USDC No. 97-CR-50061-ALL

- - - - - - - - - -

October 22, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. 

PER CURIAM:*

Velta Fergins appeals her guilty-plea conviction for

misapplication of credit union funds in violation of 18 U.S.C.

§ 657. She contends that the district court erred in refusing to

grant a downward departure for acceptance of responsibility in

addition to the two-level reduction in her offense level under

§ 3E1.1 of the U.S. Sentencing Guidelines based on her

exceptional degree of contrition. She also argues that the

district court erred in refusing to grant a downward departure

under § 5K2.16 of the Guidelines because she voluntarily 
No. 98-30164 

-2-

disclosed the offense and because it was unlikely to have been

discovered otherwise. This court lacks jurisdiction to review

the district court’s refusal to grant a downward departure to

Fergins based on her exceptional acceptance of responsibility or

her voluntary disclosure of the offense. See United States v.

Brace, 145 F.3d 247, 263 (5th Cir. 1998)(en banc). We may review

such a refusal only if the district court mistakenly assumed that

it lacked authority to depart downward or if the refusal to grant

a downward departure was the result of a violation of law or a

misapplication of the Guidelines. Neither basis has been

demonstrated herein.

APPEAL DISMISSED.
null

577.66815
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1273 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1273

  To amend title 10, United States Code, to expand the National Mail 
Order Pharmacy Program of the Department of Defense to include covered 
   beneficiaries under the military health care system who are also 
                         entitled to medicare.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 8, 1997

  Mr. Graham introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To amend title 10, United States Code, to expand the National Mail 
Order Pharmacy Program of the Department of Defense to include covered 
   beneficiaries under the military health care system who are also 
                         entitled to medicare.

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

SECTION 1. INCLUSION OF MEDICARE-ELIGIBLE COVERED BENEFICIARIES IN 
              DEPARTMENT OF DEFENSE NATIONAL MAIL ORDER PHARMACY 
              PROGRAM.

    Section 1086 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(i) Notwithstanding subsection (d)(1), the Secretary of Defense 
shall ensure that any program to make prescription pharmaceuticals 
available by mail to covered beneficiaries does not exclude covered 
beneficiaries who are entitled to hospital insurance benefits under 
part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et 
seq.). Such covered beneficiaries shall be eligible to receive 
pharmaceuticals available under the mail order program on the same 
terms and conditions as other covered beneficiaries included in the 
program.''.
                                 <all>
```
Exhibit 31.1



Certification of Principal Executive
Officer

Pursuant to SEC Rule 13a-14(a)/15d-14(a)



I, George Carpenter, certify that:



1. I have reviewed this
Form 10-K/A of CNS Response, Inc. for the year ended September 30, 2012;



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.





|Dated: January 28, 2013 | /s/ George Carpenter         
|----------------------- | -----------------------------
|                        | Name:George Carpenter        
|                        | Title:Chief Executive Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          69,208
<SECURITIES>                                         0
<RECEIVABLES>                                    4,100
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                74,630
<PP&E>                                           3,813
<DEPRECIATION>                                     440
<TOTAL-ASSETS>                                  79,262
<CURRENT-LIABILITIES>                            7,608
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            24
<OTHER-SE>                                      69,103
<TOTAL-LIABILITY-AND-EQUITY>                    79,262
<SALES>                                          4,796
<TOTAL-REVENUES>                                 4,796
<CGS>                                            2,310
<TOTAL-COSTS>                                    7,591
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (759)
<INCOME-PRETAX>                                 (2,036)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (2,036)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2,036)
<EPS-BASIC>                                      (0.09)
<EPS-DILUTED>                                    (0.09)


</TABLE>
<TABLE>
<S>           <C>           <C>            <C>          <C>      <C>         <C>




                                                                                                                      EXHIBIT 11.1

UNIFIED FINANCIAL SERVICES, INC.
EARNINGS PER SHARE CALCULATION



                                                         NINE MONTHS ENDED                 THREE MONTHS ENDED
                                                           SEPTEMBER 30,                      SEPTEMBER 30,
                                                   -----------------------------      ----------------------------
                                                      2002              2001              2002           2001
                                                   -----------       -----------      -----------      -----------

INCOME AVAILABLE TO COMMON STOCKHOLDERS
     Net loss.................................... $ (1,003,523)      $  (390,816)     $  (132,560)     $(353,184)
                                                  -------------      -----------      ------------     ----------

CALCULATION OF COMMON STOCK
     Common shares outstanding at beginning
        of period................................    2,877,634         2,880,028        2,858,972      2,880,028
                                                   -----------       -----------      -----------      ---------
     Acquisition of shares during period.........      (18,662)               --               --             --
                                                   -----------       -----------      -----------      ---------
        Common shares used in basic calculation..    2,858,972         2,880,028        2,858,972      2,880,028
                                                   -----------       -----------      -----------      ---------

     Common stock equivalent of dilutive options.           --            25,536               --         25,536
                                                   -----------       -----------      -----------      ---------
        Common shares used in fully diluted
          calculation............................    2,858,972         2,905,564        2,858,972      2,905,564
                                                   -----------       -----------      -----------      ---------

LOSS PER SHARE
--------------
     Basic........................................ $     (0.35)      $     (0.14)     $     (0.05)    $    (0.12)
                                                   ============      ===========      ============     ==========
     Fully diluted...............................  $     (0.35)      $     (0.13)     $     (0.05)    $    (0.12)
                                                   ============      ===========      ============     ==========
</TABLE>
oe..___ 6H 

IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 21-0591

JOSHUA F. CLARK,

 Plaintiff and Appellant,

 v.

MISSOULA COUNTY SHERIFF TERRY 

J. MCDERMOTT,

the COUNTY OF MISSOULA, 

MONTANA,

and HUMAN RIGHTS COMMISSION,

 Defendants and Appellees.

ORDER OF MEDIATOR APPOINTMENT

This appeal being subject to M.R.App.P. 7, and the parties having failed to jointly 

and timely select a mediator under M.R.App.P., 7(4),(c),

IT IS ORDERED THAT Richard A. Reep, whose name appears next on the list

of attorneys desiring appointment as mediators for Money Judgments appeals which is 

maintained pursuant to M.R.App.P., 7(4)(e), is hereby appointed to conduct the 

mediation process required by M.R.App.P., 7(5), and 

IT IS FURTHER ORDERED that the time periods set forth in M.R.App.P., 

7(5)(d) shall run from the date of this order of appointment.

A true copy of this order is being mailed to counsel of record for the parties, or to 

the parties individually if not represented by counsel, on the date hereof.

DATED this December 15, 2021.

Bowen Greenwood, Clerk of the Supreme Court

c: Quentin M. Rhoades, Steven S. Carey, David T. Lighthall, Quinlan L. O'Connor, 

Richard A. Reep

12/15/2021

Case Number: DA 21-0591
|   | 1. | The      Annual Report fully complies with the requirements of Section 13(a) or      15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));      and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The      information contained in the Annual Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |    /s/  Granger      Cobb |
|--------|----------------------------------------------------|
|   | Granger      Cobb                                  |
|   | Co-Chief      Executive Officer                    |
|   | March      15, 2010                                |
#### The People of the State of New York, Respondent, v Gary G. Priester, Appellant.

— Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered June 7, 1984, convicting him of assault in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The complainant was shot at the conclusion of a street scuffle between two hostile groups. At trial, the complainant acknowledged that he had previously been convicted of possession of a handgun after pointing the gun at defendant’s friend, who was a participant in the scuffle.

In its charge, the court instructed the jury that it could consider the prior illegal acts of a witness, as well as his possible bias or prejudice, in assessing the credibility of his testimony. Following the court’s charge, defense counsel requested a supplementary instruction that the jury could also consider complainant’s prior conviction as evidence of his hostility toward defendant. There was no basis upon which *748the jury could infer that the previous confrontation between complainant and defendant’s friend demonstrated hostility toward defendant. Therefore, counsel’s request was properly denied.

Defendant’s remaining contentions have been examined and found to be without merit. Lazer, J. P., Mangano, Brown and Lawrence, JJ., concur.
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                    U.S. DEPARTMENT OF AGRICULTURE
 Horticultural Crops Production and Genetic Improvement Research Unit: Corvallis, OR
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Amy  Woosley
                        Horticultural Crops Production and Genetic Improvement Research Unit

                        




                        
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 137 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                 S. 137

       To tax 9 millimeter, .25 caliber, and .32 caliber bullets.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Moynihan introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
       To tax 9 millimeter, .25 caliber, and .32 caliber bullets.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That this Act may be cited as the ``Real Cost of Handgun Ammunition Act 
of 1997''.

SEC. 101. INCREASE IN TAX ON CERTAIN BULLETS.

    (a) In General.--Section 4181 of the Internal Revenue Code of 1986 
(relating to the imposition of tax on firearms, etc.) is amended by 
adding at the end the following new flush sentence:
``In the case of 9 millimeter, .25 caliber, or .32 caliber ammunition, 
the rate of tax under this section shall be 1,000 percent.''
    (b) Exemption for Law Enforcement Purposes.--Section 4182 of the 
Internal Revenue Code of 1986 (relating to exemptions) is amended by 
adding at the end the following new subsection:
    ``(d) Law Enforcement.--The last sentence of section 4181 shall not 
apply to any sale (not otherwise exempted) to, or for the use of, the 
United States (or any department, agency, or instrumentality thereof) 
or a State or political subdivision thereof (or any department, agency, 
or instrumentality thereof).''
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after December 31, 1997.
                                 <all>
```