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

[943 NYS2d 125]

Appeal by the defendant from an order of the County Court, Westchester County (Cacace, J.), dated November 29, 2010, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant’s contention, the People met their burden of establishing by clear and convincing evidence that the defendant should be designated a level three sex offender pursuant to Correction Law article 6-C (hereinafter SORA; *see*Correction Law § 168-n [3]; *People v Johnson,*11 NY3d 416 [2008]; *People v Crandall,*90 AD3d 628, 629 [2011]; *People v Wyatt,*89 AD3d 112, 118 [2011], *lv denied*18 NY3d 803 [2012]). Further, the County Court providently exercised its discretion in denying the defendant’s request for a downward departure to level two, since the defendant failed to meet his burden of establishing, by a preponderance of the evidence, the existence of a mitigating factor of a kind or to a degree that is otherwise not adequately taken into account by the SORA Risk Assessment Guidelines *(see People v Johnson,*11 NY3d at 421; *People v Wyatt,*89 AD3d at 119-121). Dillon, J., Angiolillo, Belen and Cohen, JJ., concur.
#### In re NORTHAM. DUTCHESS INS. CO., Appellant, v. NORTHAM et al., Respondents.

(Supreme Court, Appellate Division, Fourth Department.

November 20, 1907.)

In the matter of the general assignment for the benefit of creditors of William G. Northam to Lewis N. Northam. Action by the Dutchess Insurance Company against Lewis N. Northam, assignee, and others.

PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion granted, without costs. Held, that in the circumstances disclosed by the record in this case it was error for the court to refuse, on the ground of Saches, to open the decree.

KRUSE and ROBSON, JJ., dissent.
[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Page 46749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17755]


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

DEPARTMENT OF STATE

[Public Notice 11503]


Certification Related to Foreign Military Financing for Colombia 
Under Regulations of the Department of State, Foreign Operations, and 
Related Programs Appropriations Act, 2021

    Pursuant to the authority vested in the Secretary of State, 
including under section 7045(b)(2)(B) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2021 (Div. 
K, Pub. L. 116-260), I hereby certify that:
    (i) The Special Jurisdiction for Peace and other judicial 
authorities are taking effective steps to hold accountable perpetrators 
of gross violations of human rights in a manner consistent with 
international law, including for command responsibility, and sentence 
them to deprivation of liberty;
    (ii) the Government of Colombia is taking effective steps to 
prevent attacks against human rights defenders and other civil society 
activists, trade unionists, and journalists, and judicial authorities 
are prosecuting those responsible for such attacks;
    (iii) the Government of Colombia is taking effective steps to 
protect Afro-Colombian and indigenous communities and is respecting 
their rights and territory;
    (iv) senior military officers responsible for ordering, committing, 
and covering up cases of false positives are being held accountable, 
including removal from active duty if found guilty through criminal or 
disciplinary proceedings; and
    (v) the Government of Colombia has investigated and is taking steps 
to hold accountable Government officials credibly alleged to have 
directed, authorized, or conducted illegal surveillance of political 
opponents, government officials, journalists, and human rights 
defenders, including through the use of assets provided by the United 
States for combating counterterrorism and counternarcotics for such 
purposes.
    This Certification shall be published in the Federal Register and 
shall be transmitted, along with the accompanying Memorandum of 
Justification, to Congress.

    Dated: July 29, 2021.
Antony J. Blinken,
Secretary of State.
[FR Doc. 2021-17755 Filed 8-18-21; 8:45 am]
BILLING CODE 4710-29-P
Exhibit
32.2




CERTIFICATION




The
undersigned hereby certifies, in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an
officer of Inter Parfums, Inc., that the Annual Report of Inter Parfums, Inc. on
Form 10-K/A Amendment No. 1 for the year ended  December 31, 2008,
fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 and that the information contained in such report fairly presents,
in all material respects, the financial condition and results of operation of
Inter Parfums, Inc.





Date: May 26, 2009
                  
                  By:
                  /s/
      Russell GreenbergRussell
      GreenbergExecutive
      Vice President,Chief
      Financial Officer andPrincipal
      Accounting
Officer





A signed
original of this written statement required by Section 906 has been provided to
Inter Parfums, Inc. and will be retained by Inter Parfums, Inc. and furnished to
the Securities and Exchange Commission or its staff upon
request.
exv10w3b






EXHIBIT 10.3B




Avalon Pharmaceuticals, Inc.

20358 Seneca Meadows Parkway

Germantown, MD 20876




November 17, 2008




Clinical Data, Inc.

One Gateway Center, Suite 702

Newton, MA 02458





     Re:       Amendment of Registration Rights Agreement



Ladies and Gentlemen:




     Reference is made to that certain Registration Rights Agreement, dated as of October 27, 2008
(the “Registration Rights Agreement”), by and between Avalon Pharmaceuticals, Inc. (the “Company”)
and Clinical Data, Inc. (“Clinical Data”). Capitalized terms used but not defined herein have the
meanings ascribed to such terms in the Registration Rights Agreement.



     Pursuant to Section 6(d) of the Registration Rights Agreement, the Company, together with
holders of 60% or more of the outstanding Registrable Securities may agree to modify or amend the
terms of the Registration Rights Agreement. On the date hereof, Clinical Data holds 100% of the
Registrable Securities. The parties have agreed to amend certain defined terms in the Registration
Rights Agreement to provide that the Company’s obligation to file a registration statement with
respect to the Registrable Securities shall be contingent upon receipt of a request to do so from
Clinical Data.



     The parties therefore agree that the term “Filing Date” in the Registration Rights Agreement
shall be amended to read as follows:




     “Filing Date” means, with respect to the Registration Statement
required hereunder, the 30th calendar day following the Company’s receipt
of a written request from Purchaser to file the Registration Statement.



     The parties further agree that the term “Effective Date” in the Registration Rights Agreement
shall be amended to read as follows:




     “Effectiveness Date” means, with respect to the Registration Statement
required to be filed hereunder, the 90th calendar day following the Filing Date (the
120th calendar day in the case of any review by the Commission); provided, however,
in the event the Company is notified by the Commission that the Registration
Statement will not be reviewed or is no longer subject to further review and
comments, the Effectiveness Date as to the Registration Statement shall be the fifth
(5th) Trading Day following the date on which the Company is so notified if such
date precedes the dates required above.



 









 





     All other provisions of the Registration Rights Agreement shall remain in full force and
effect, and each of the parties hereby reserves all rights that such party may have under the
Registration Rights Agreement.



     The Company requests that you please execute where indicated below in order to modify and
amend the Registration Rights Agreement as set forth above.



	 	 	 	 	 
	 

	 	Best regards,	 	 
	 
	 	 	 	 
	 

	 	Avalon Pharmaceuticals, Inc.	 	 
	 
	 	 	 	 
	 

	 	By:    /s/ Kenneth C. Carter
 

Title:  President and CEO
	 	 






Acknowledged and Agreed:




Clinical Data, Inc.




	 	 	 	 	 
	By: 

Title:

	 	/s/ Caesar J. Belbel
 

Executive Vice President
and Chief Legal Officer
### THE THIRTEENTH COURT OF APPEALS

13

- 20

- 00216

- CR

LUZALBERT HERNANDEZ

v. THE STATE OF TEXAS
On Appeal from the 377th District Court of Victoria County , Texas Trial Court Cause No. 16

- 05

- 29349

- D

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having conside red this cause on appeal, concludes that the judgment of the trial court should be affirmed . The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. February 3, 2022
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Appeal Reinstated; Motion Granted; Appeal Dismissed; and Memorandum

Opinion filed November 20, 2018
.

In The



## Fourteenth Court of Appeals

NO. 14- 17 -00806- CV
SAMARA PORTFOLIO MANAGMENT, LLC, LAW OFFICE OF JOSEPH ONWUTEAKA, P.C., AND JOSEPH ONWUTEAKA, INDIVIDUALLY , Appellants
V. THE STATE OF TEXAS, Appellee
On Appeal from the 80th District Court Harris County, Texas Trial Court Cause No. 2013-35721

M E M O R A N D U M O P I N I O N This is an appeal from a judgment signed July 14, 2017. The appeal has been abated on the parties’ motions for the parties to pursue settlement. On November 13, 2018, the parties filed a joint motion to dismiss the appeal. Tex. R. App. P. 42.1. We reinstate the appeal, grant the motion, and dismiss the appeal.
PER CURIAM Panel consists of Justices Boyce, Christopher, and Jewell.
Page 1 ORDER GRANTING MOTION TO REDUCE SENTENCE

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA,

Plaintiff,

v.

JAMAR SCHABASS HOLBERT,

Defendant.

Case No. 3:14-cr-00337-HZ-2

ORDER GRANTING MOTION TO 

REDUCE SENTENCE

HERNÁNDEZ, Chief Judge:

This matter is before the Court on the defendant’s motion to reduce sentence pursuant to 

18 U.S.C. § 3582(c)(1)(A)(i). Based on the filings to date and the agreement of the parties, and 

after full consideration of the relevant factors under 18 U.S.C. § 3553(a), the Court finds that 

extraordinary and compelling reasons warrant a reduction of defendant’s sentence to time served, 

effective ten days from the date of this order, if the Bureau of Prisons has determined that Mr. 

Holbert is COVID-19 negative. If the BOP cannot make the determination by that date, the 

government shall notify the Court without delay. The term of imprisonment shall be followed by 

a five-year term of supervised release with the conditions set forth in the original judgment and 

the following additional conditions: (1) the defendant must reside at and participate in the program 

Case 3:14-cr-00337-HZ Document 151 Filed 10/09/20 Page 1 of 2
Page 2 ORDER GRANTING MOTION TO REDUCE SENTENCE

of a residential reentry center for not more than 120 days, to be released at the direction of the 

probation officer, and (2) upon release from the residential reentry center, the defendant shall 

remain on home confinement until February 6, 2023. The Court concludes that the defendant’s 

release pursuant to this order will not pose a danger to any other person or the community. This 

sentence reduction is consistent with the currently applicable U.S. Sentencing Commission policy 

statements. 

The Court therefore GRANTS the Motion to Reduce Sentence.

IT IS HEREBY ORDERED that Defendant shall be released within ten days from the date 

of this order, for travel to the residential reentry center in Portland, Oregon, if the BOP has 

determined that he is COVID-19 negative. If the BOP cannot make the determination by that date, 

the government shall notify the Court without delay. 

IT IS FURTHER ORDERED that an amended judgment and commitment order shall be 

prepared and entered forthwith in accordance with this decision. 

Dated this ______ day of October, 2020.

Hon. Marco A. Hernández

Chief United States District Court Judge

Case 3:14-cr-00337-HZ Document 151 Filed 10/09/20 Page 2 of 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-40647

Summary Calendar

 

JOSE MEJIA,

Petitioner-Appellant,

versus

UNITED STATES OF AMERICA,

Respondent-Appellee.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-02-MC-2

--------------------

October 10, 2002

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges,

PER CURIAM:*

Jose Mejia, federal prisoner # 67074-079, was convicted of

conspiracy to possess over 1,000 kilograms of marijuana with

intent to distribute and was sentenced to 151 months

imprisonment. He appeals the district court’s dismissal of his

28 U.S.C. § 2241 petition.

Mejia argues that his indictment is constitutionally

defective because it did not include an allegation of drug
No. 02-40647

-2-

quantity, and that the district court thus had no jurisdiction to

impose sentence in light of Apprendi v. New Jersey, 530 U.S. 466

(2000).

Since Mejia filed his brief, this court rejected an

identical argument in a 28 U.S.C. § 2241 case in Wesson v. U.S.

Penitentiary Beaumont, Tx., F.3d , (5th Cir. Sept. 5,

2002, No. 01-41000), 2002 WL 31006173 at * 2. The petitioner in

Wesson also argued that his indictment was defective under

Apprendi because it did not allege a drug quantity, and that the

district court was deprived of jurisdiction. Citing United

States v. Cotton, 122 S. Ct. 1781, 1785-86 (2002), United States

v. Longoria, 298 F.3d 367 (5th Cir. 2002) (en banc), and United

States v. Gonzalez, 259 F.3d 355 (5th Cir. 2002) (en banc), this

court held that the petitioner’s claim that his defective

indictment deprived the court of jurisdiction was meritless

because defects in an indictment are nonjurisdictional. Wesson,

2002 WL 31006173 at * 2.

Mejia argues that his Apprendi claim should be considered in

this 28 U.S.C. § 2241 proceeding under the savings clause of 28

U.S.C. § 2255. In Wesson, 2002 WL 31006173 at * 3, this court

also rejected the petitioner’s savings clause argument, holding

that the petitioner could not satisfy the first prong of ReyesRequena v. United States, 243 F.3d 893 (5th Cir. 2001), because

Apprendi is not retroactive on collateral review, citing United
No. 02-40647

-3-

States v. Brown, F.3d , (5th Cir. Sept. 5, 2002, No. 01-

10116), 2002 WL 2027346 at * 6.

For these reasons, the district court’s dismissal of Mejia’s

28 U.S.C. § 2241 petition is AFFIRMED, and amended to be with

prejudice.
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