alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 21 - 0584

_________________ ST ATE OF MONTANA,

Plaintiff and Appellee, v. MICHAEL JACOB DUNNE,

Defendant and Appellant. O R D E R

_________________ Pursu ant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable Robert J . Whelan , Dis trict Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 22 2023

03/22/2023
Case Number: DA 21-0584
EXHIBIT 32.2

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the accompanying Annual Report of Prescient Applied Intelligence, Inc. (the Company) on Form 10-KSB for the year ending December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Daniel W. Rumsey, principal financial officer of the Company, certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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, as amended; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------



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



By:

/s/ Daniel W. RumseyDaniel W. Rumsey Interim Chief Financial
Officer March 29, 2007
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T RO SS V I N K O SO K O LI C, P et i t i on er , v. E R I C H . H O L D E R , J R ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 08- 70608 A ge nc yN o. A 097- 469- 173 ME MOR AN DU M *

O n P et i t i on for R evi ew of an O rderof the B o ar do f

I m m ig r a tio n A p p e a ls S ubm i tt e d F e bruary6, 2013 ** P a s a d e n a , C a lif

o rn ia B efo re: C A L L A H A N , IK U T A , an dH U R W IT Z , C i rcu i tJu d g es. S ok ol i c f ai l ed t o rai se t o the B oard of Im m i grat i on A pp ea l s hi s proce du ra l due pr oc e s s a r gum e nttha tthe I m m i gr a t i on Judge e rr e d byf a i l i ng t o de ve l op the r e c o r dr e g ar d in g h is e x c u s e s f o rf ilin g h is a s y lu m ap p lic a tio n la te . B e c au s e th is is



# FI LED FEB 08 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2

th e k in do f

a lle g e de rr o rth a t th e B I A c o u ldr e m e d y , se e T al l v. Mukasey , 517 F . 3d 1115, 1120 ( 9th C i r . 2008) , S okol i c ’ s f a i l ur e t o e xhaus tthi s i s s ue de pr i ve s us of ju r is d ic tio n to c o n s id e rit. B a rr o n v . A s h c r o ft , 35 8 F . 3d 67 4, 67 6– 78 (9th C i r. 2 0 0 4 ) ( ap p ly in g 8 U .S .C . § 1 2 5 2 ( d ) ( 1 ) ) . T he B I A a nd I J ’ s de t e rm i na t i on tha tS okol i c w a s i ne l i gi bl e f orw i thhol di ng of re m ov albecause he f ai l ed t o est abl i sh ei ther pas tpers ec ut i on or a w el l -f ou nd ed fe arof future pers ec ut i on i n S ou th A fr i cai s s up po rt ed by subst ant i alevi dence, i ncl ud i ng evi dence thatthe as saul the endu re d w as an ac tof com m on cr i m i nal a c tiv ity , b e ar in g n o in d ic a tio n o f r a c ia l an im u s . Se e G o rm le yv . A s h c r o

ft , 364 F . 3d 1172, 1176–78 ( 9th C i r . 2004) ; 8 U . S . C . § 1231( b) ( 3) . A c c or di ngl y , w e de ny S okol i c ’ s pe t i t i on t o r e vi e w the I J ’ s w i thhol di ng of r e m ova l de t e rm i na t i on. DI S MI S S E D I N P AR T , DE NI E D I N P AR T .
#### Jernigan *et al.*v. Draughon.

Appeal from Dale Chancery Court.

Heard before the Hon. Jere N. Williams.

Espy & Farmer, for appellant.

No counsel marked as appearing for appellee.

Opinion by

Doavdell,. J.

The bill in this case Avas filed on May 5, 1897, by the appellee against the appellants, Joe Sanders and J. B. Jernigan, to enforce a vendor’s lien. On July 21, 1897, the respondents filed a demurrer to the bill. No action Avas taken on this demurrer by the court, and AA'hile it Avas so on file, the court, on April 28, 1898, rendered a decree *pro confesso*against Sanders.

On the final submission of the cause, a decree Avas rendered granting the complainant the relief prayed for. From this decree the defendants appeal, and asign the rendition thereof as error.

On the present appeal, the court holds that it Avas error to render the decree *pro confesso*before disposing of the demurrer, and that this error must Avorlc a reversal of the final decree.

The decree is reversed and the cause remanded.
#### UNITED STATES of America v. Jelani SOLOMON, Appellant.

No. 10-4359.

United States Court of Appeals, Third Circuit.

Submitted for Possible Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6 Feb. 28, 2011.

Opinion filed: April 19, 2011.

Laura S. Irwin, Esq., Office of the United States Attorney, Pittsburgh, PA, for United States of America.

Jelani Solomon, Terre Haute USP, Terre Haute, IN, pro se.

Before: MCKEE, Chief Judge, ALDISERT and WEIS, Circuit Judges.

OPINION

PER CURIAM.

Jelani Solomon, a federal prisoner proceeding pro se, appeals an order of the United States District Court for the Western District of Pennsylvania denying his motions to dismiss his criminal proceedings. We will affirm the judgment of the District Court.

Solomon was convicted in federal court of various narcotics and firearms offenses, including committing murder during and in relation to a drug-trafficking crime. He *82was sentenced to life in prison. We affirmed the District Court’s judgment on July 28, 2010, 387 Fed.Appx. 258, rejecting Solomon’s challenges to a decision to empanel a partially innominate jury and to the sufficiency of the evidence.

On October 22, 2010, Solomon filed two motions in District Court challenging the District Court’s jurisdiction over his criminal proceedings. Noting that we had affirmed the judgment against Solomon on July 23, 2010, the District Court denied Solomon’s motions. This appeal followed.

Solomon’s first motion, entitled “Motion to Dismiss Proceeding, Charges, and/or Information Due to Lack of Subject Matter Jurisdiction and Violation of Due Process,” sets forth general jurisdictional principles without any explanation of how they apply to Solomon’s case. Solomon’s second motion, entitled “Petition to Challenge: In Rem, In Personam, Subject Matter Jurisdiction,” is similar to his first motion and further asserts that the District Judge must prove he is a “lawfully established judge” and the prosecutor must prove his authority to prosecute. Absent such proof, Solomon contends his judgment is void.

It is not clear what authority Solomon relies upon in raising his postjudgmentjurisdictional challenge. To the extent Solomon’s motions were properly before the District Court, he failed to articulate an argument calling into question the District Court’s jurisdiction over his criminal proceedings. We find no error in the District Court’s denial of these motions.

Accordingly, because this appeal does not raise a substantial question, we will summarily affirm the judgment of the District Court. *See*Third Circuit LAR 27.4 and I.O.P. 10.6.
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 20 - 0217

_________________ IN THE MATTER OF: T.N.B., A.M.B, and S.M.B, Youths in Need of Care. O R D E R

_________________ Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five - justice panel of this Court. The Clerk is directed to provide a copy hereof to all counsel of record and to the Honorable Mary Jane Knisely, District Judge . For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

January 13 2021

01/13/2021
Case Number: DA 20-0217
#### The People of the State of New York, Respondent, v Warren Taylor, Appellant.

Appellate defense counsel failed to specify the precise portions of the decision on the defendant’s motion pursuant to CPL 30.30 that he was challenging on this appeal, referring the court to "the reasons stated by defense counsel in the hearing”. This tenuous method of raising an issue on appeal is improper and counsel should, in the future, specifically raise each issue being challenged.

In any event, we find no merit to the defendant’s contentions. The hearing court properly excluded from the time period chargeable to the People the period during which the complainant was recuperating from the injuries he sustained during the robbery until the video tape interview was made. Further, the periods of time during which the defendant was not produced should not have been charged to the People because his nonproduction resulted from the defendant giving a false name, address, and birth date to the authorities upon his subsequent arrest on another matter *(see, People v Rivera,*106 AD2d 278, 279-280). Thus, the People were ready for trial within the six-month period provided by statute (CPL 30.30).

The defendant’s remaining contentions have been considered and found to be without merit. Thompson, J. P., Bracken, Lawrence and Fiber, JJ., concur.
#### ZITTEL, Respondent, v. RICHTER, Appellant.

(Supreme Court, Appellate Division, First Department.

December 22, 1896.)

Action by Wescott F. Zittel against Emma Richter, otherwise Emma Brocker.

No opinion. Motion granted with $10 costs.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel.                    

*Date:*                         May 9, 2000.                    

*Time:*                         8:30 a.m. to 5 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         One Washington Circle Hotel, Presidential Board Room, One Washington Circle, NW., Washington, DC 20037.                    

*Contact Person:*                         Paula S. Strickland, Scientific Review Administrator, Scientific Review Program, Division of Extramural Activities, NIAID, NIH, Solar Building, Room 4C02, 6003 Executive Boulevard MSC 7610, Bethesda, MD 20892-7610, 301-402-0643.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: April 12, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-9716  Filed 4-18-00; 8:45 am]

BILLING CODE 4140-01-M
#### The People of the State of New York, Respondent, v Howard Harris, Appellant.

Submitted March 26, 2007;

decided April 3, 2007

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no civil appeal lies from the order *936entered in this criminal proceeding (see NY Const, art VI, § 3 [b]; CPLR 5601; CPL 450.90).
**Exhibit 32.3**

 

**CERTIFICATION 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 of Secure Computing Corporation (the “Company”) on Form 10-Q for the period ending June 30, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, Timothy J. Steinkopf, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Actof 2002, that: 

 

(1) The Report fully complies with therequirements 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 result of operations of the Company. 

 

 

/s/ Timothy J. Steinkopf

 

Timothy J. Steinkopf 

Senior Vice President and Chief Financial Officer 

July 31, 2003
<PAGE>
                                                                   Page 13 of 25


                                                                   EXHIBIT 99(e)


                        KEYCORP STUDENT LOAN TRUST 2000-A

                              OFFICER'S CERTIFICATE


Deutsche Bank Trust Company Americas        Key Bank USA, National Association
fka, Bankers Trust Company                  800 Superior Avenue, 4th Floor
280 Park Avenue 9th Floor                   Cleveland, Ohio 44114
New York, NY  10017                         ATTN: Senior Vice President
Attn: Corporate Trust & Agency Group        Key Education Resources
Structured Finance                          Phone: (216) 828-9342
Phone: (212) 454-4298                       Fax:   (216) 828-9301
Fax:   (212) 454-2331

MBIA Insurance Corporation
113 King Street
Armonk, NY 10504
ATTN: Data Administration
Phone: (914) 765-3772
Fax:   (914) 765-3810


Pursuant to Section 3.09 of the Indenture between KeyCorp Student Loan Trust
2000-A, as Issuer, and Bankers Trust Company, as Indenture Trustee, dated June
1, 2000, the undersigned hereby certifies that (i) a review of the activities of
the Issuer from January 1, 2002, through December 31, 2002, and of its
performance under the Indenture has been made, and (ii) to the best of my
knowledge, based on such review, the Issuer has fulfilled all its obligations
under the Indenture throughout such period.


                                            KEYCORP STUDENT LOAN TRUST 2000-A,
                                            as Issuer
                                            By:   Bank One, National Association
                                                  as Eligible Lender Trustee


                                            By:   /S/ JEFFREY L. KINNEY
                                               ---------------------------------
Date:  March 14, 2003                       Name: Jeffrey L. Kinney
                                            Title: Vice President
<PAGE>   1
                                                                    EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement 
(Form S-8 No. 333-24789) pertaining to the 1994 Incentive and Non-Statutory 
Stock Option Plan, the 1995 Stock Plan and the Employee Stock Purchase Plan of 
First Virtual Holdings Incorporated and in the Registration Statement (Form S-3 
No. 333-42855) of First Virtual Holdings Incorporated and the related 
Prospectus of our report dated January 16, 1998, except for the first paragraph 
of Note 6 and Note 10, for which the date is March 20, 1998, including in the 
Annual Report on Form 10-K of First Virtual Holdings Incorporated for the year 
ended December 31, 1997, with respect to the financial statements, as amended, 
included in this Form 10-K/A.


                                                   ERNST & YOUNG LLP
San Diego, California
November 3, 1998
<TABLE> <S> <C>


<ARTICLE> 5
       
<S>                                 <C>
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   SEP-30-1998
<CASH>                                          17,672,000
<SECURITIES>                                             0
<RECEIVABLES>                                   19,860,000
<ALLOWANCES>                                       747,000
<INVENTORY>                                      1,531,000
<CURRENT-ASSETS>                                42,444,000
<PP&E>                                          10,061,000
<DEPRECIATION>                                   6,233,000
<TOTAL-ASSETS>                                  49,573,000
<CURRENT-LIABILITIES>                           11,335,000
<BONDS>                                                 00
<PREFERRED-MANDATORY>                                   00
<PREFERRED>                                             00
<COMMON>                                           163,000
<OTHER-SE>                                      85,884,000
<TOTAL-LIABILITY-AND-EQUITY>                    49,573,000
<SALES>                                         43,657,000
<TOTAL-REVENUES>                                43,657,000
<CGS>                                           15,209,000
<TOTAL-COSTS>                                   15,209,000
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                (285,000)
<INCOME-PRETAX>                                 (5,118,000)
<INCOME-TAX>                                      (825,000)
<INCOME-CONTINUING>                             (4,293,000)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (4,293,000)
<EPS-PRIMARY>                                         (.27)
<EPS-DILUTED>                                         (.27)
        


</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR Part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. 

Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/​nic/​. 

Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than May 11, 2000. 

**A. Federal Reserve Bank of San Francisco**                     (Maria Villanueva, Consumer Regulation Group) 101 Market Street, San Francisco, California 94105-1579:                 

**1.***The Dai-Ichi Kangyo Bank, Limited,*                     Tokyo, Japan; to acquire CIT OnLine Bank, Salt Lake City, Utah, and thereby to engage de novo indirectly through the CIT Group, Inc., New York, New York, in the United States in industrial loan company activities, pursuant to section 225.28(b)(4) of Regulation Y.                 

Board of Governors of the Federal Reserve System, April 11, 2000.

Robert deV. Frierson,

Associate Secretary of the Board. 

[FR Doc. 00-9452 Filed 4-14-00; 8:45 am] 

BILLING CODE 6210-01-P
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION 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 of Pyramid Breweries Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John
Lennon, President and Chief Executive 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) and 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 result of operations of the Company.

/s/ JOHN LENNON
-----------------------

John Lennon
President and Chief Executive Officer
May 16, 2005