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

Appeal by the defendant from two judgments of the County Court, Westchester County (Nicolai, J.), both rendered May 24, 1985, convicting him of rape in the first degree under indictment No. 84-00993 and burglary in the second degree under indictment No. 84-00994, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

On April 3, 1985, the defendant knowingly and voluntarily pleaded guilty to rape in the first degree and burglary in the second degree in satisfaction of two separate indictments. At the time of his pleas, the defendant was promised that he would be sentenced as a second felony offender to concurrent indeterminate terms of from 12 to 24 years’ imprisonment and from 3 to 6 years’ imprisonment respectively. Prior to the date *348set for sentencing, the defendant allegedly moved *pro se*to vacate the judgments not yet entered pursuant to CPL 440.10, which motion the court treated as one to withdraw his pleas pursuant to CPL 220.60. The motion was made upon a form containing only bare and conclusory allegations. The sentencing court adjourned the sentencing and the hearing with respect to the motion to May 24, 1985, to permit defense counsel and the District Attorney, who had not been served with the *pro se*motion, to submit proper papers. Prior to May 24, 1985, the defendant escaped from the Westchester County jail.

On May 24, 1985, the Sentencing Judge, who was the same Judge who accepted the pleas, denied the defendant’s motion to withdraw his pleas, finding that (1) the defendant, by absconding, had forfeited his right to have his motion determined by the court, and (2) the pleas were knowingly and voluntarily entered. The District Attorney, who had previously served and filed a second felony offender statement pursuant to CPL 400.21 (2), provided the court with certificates of conviction relating to at least one prior felony conviction. The court then imposed sentence as had been agreed upon at the time of the pleas. The defendant, who was eventually captured, appeals on the grounds that the court erred in denying his motion to withdraw his pleas, in finding him to be a prior felony offender and in sentencing him in absentia. We affirm.

By absconding prior to sentencing, the defendant unambiguously indicated a defiance of the processes of law sufficient to effect a forfeiture of his right to be present at sentencing *(see, People v Corley,*67 NY2d 105), and the sentencing court properly sentenced him in absentia. Further, the court did not err in denying the defendant’s motion to withdraw his pleas *(see, People v Corley, supra; People v Brundage,*83 AD2d 579; *People v Stubbs,*110 AD2d 725). Lastly, even in the defendant’s absence, the court properly determined that he was a second felony offender *(see, People v Seppinni,*119 Misc 2d 125). Thompson, J. P., Lawrence, Fiber and Spatt, JJ., concur.
Exhibit 99.2

                            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 OAO Technology Solutions, Inc.
(the "Company") on Form 10-Q for the quarter ending September 30, 2002, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, J. Jeffrey Fox, the Chief Financial Officer of the Company, certify, pursuant
to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

      (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.

Date:    November 14, 2002              By: /s/   J. Jeffrey Fox
                                            --------------------------------
                                        J. Jeffrey Fox
                                        Senior Vice President of Finance and
                                        Chief Financial Officer

                                       25
**Exhibit 12**

 

**Calculationof Earnings (Deficiency) to Fixed Charges**(in thousands)

 
|                                 |   | **2003** |   | **2002** |   | **2001** |   |
|--------------------------------------|--------|----------|--------|----------|--------|----------|--------|
| **EARNINGS**                         |   |     |   |     |   |     |   |
| Pretax loss                          |   | $        | (274   | )        | $      | (3,018   | )      | $ | (2,005 | ) |
| Fixed charges                        |   | 35,045   |   | 34,916   |   | 34,666   |   |
| Capitalized interest                 |   | —   |   | (20,900  | )      | (30,258  | )      |
| Amortization of capitalized interest |   | 2,160    |   | 807      |   | —   |   |
| Net total                            |   | 36,931   |   | 11,805   |   | 2,403    |   |
|                                 |   |     |   |     |   |     |   |
| **FIXED CHARGES**                    |   |     |   |     |   |     |   |
| Interest expense                     |   | 34,232   |   | 13,163   |   | 3,592    |   |
| Capitalized interest                 |   | —   |   | 20,900   |   | 30,258   |   |
| Other                                |   | 813      |   | 853      |   | 816      |   |
| Total                                |   | $        | 35,045 |     | $      | 34,916   |   | $ | 34,666 |   |

 

Thedollar amount of earnings (deficiency) to fixed charges for 2003, 2002, and2001 (in thousands) was $1,886, $(23,111), and $(32,263), respectively.

 

----
[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Proposed Rules]
[Page 20789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9538]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ME-003-01-7004b; A-1-FRL-6572-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; RACT for VOC sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve several State Implementation Plan 
(SIP) revisions submitted by the State of Maine. EPA is also proposing 
a limited approval of one regulation submitted as a SIP revision by the 
State of Maine. These SIP revisions establish requirements for certain 
facilities which emit volatile organic compounds (VOCs). In the Final 
Rules section of this Federal Register, EPA is approving these SIP 
revisions as a direct final rule without prior proposal because the 
Agency anticipates no adverse comments. A detailed rationale for the 
approval is set forth in the direct final rule. If no adverse comments 
are received in response to that direct final rule, no further activity 
is contemplated in relation to this proposed rule. If EPA receives 
adverse comments, the direct final rule will be withdrawn and all 
public comments received will be addressed in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period on this proposal. Any parties interested in commenting on this 
proposal should do so at this time.

DATES: Comments must be received on or before May 18, 2000.

ADDRESSES: Comments may be mailed to David Conroy, Unit Manager, Air 
Quality Planning Unit (mail code CAQ), U.S. Environmental Protection 
Agency, Region I, One Congress Street, Suite 1100, Boston, MA 02114-
2023. Copies of the State submittal and EPA's technical support 
document are available for public inspection during normal business 
hours, by appointment at the Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, Region I, One Congress Street, 11th 
floor, Boston and the Bureau of Air Quality Control, Department of 
Environmental Protection, 71 Hospital Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 918-1047, 
<a href="/cdn-cgi/l/email-protection#9effecf0f1f2fab0fff0f0fbdefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="6f0e1d0100030b410e01010a2f0a1f0e41080019">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For additional information, see the direct 
final rule which is located in the Rules section of this Federal 
Register.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 24, 2000.
Mindy S. Lubber,
Regional Administrator, EPA New England.
[FR Doc. 00-9538 Filed 4-17-00; 8:45 am]
BILLING CODE 6560-50-P


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</html>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5787 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5787

  To provide for the refinancing and consolidation of disaster loans 
         under the Small Business Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2010

 Mr. Melancon introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
  To provide for the refinancing and consolidation of disaster loans 
         under the Small Business Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SBA Disaster Loan Relief Act of 
2010''.

SEC. 2. REFINANCING AND CONSOLIDATION OF DISASTER LOANS.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Small Business Administration 
shall issue regulations providing for, during the period defined in 
subsection (b), the refinancing or consolidation of a loan under 
section 7(b) of the Small Business Act (15 U.S.C. 636(b)) made at any 
time to any person directly affected by the discharge of oil arising 
from the explosion on and sinking of the mobile offshore drilling unit 
Deepwater Horizon.
    (b) Period Defined.--The period defined in this subsection is the 
period beginning on April 22, 2010, and ending 180 days after the date 
that the Administrator determines to be the date that the Administrator 
last makes a loan under section 7(b) of the Small Business Act (15 
U.S.C. 636(b)) to any person directly affected by the discharge of oil 
arising from the explosion on and sinking of the mobile offshore 
drilling unit Deepwater Horizon.
                                 <all>
```
<PAGE>

                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ENACTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of MBT Financial Corp. (the "Company") on
Form 10-K for the period ending December 31, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, John L. Skibski,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as enacted 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.

/s/ John L. Skibski

John L. Skibski
Chief Financial Officer
March 9, 2007

                                       63
exv10w8xay





Exhibit 10.8(a)


June 9,
2009


Campbell & Company, Inc.

2850 Quarry Lake Drive
Baltimore, MD 21209


Attn: Ms. Theresa Becks


     Re: Management Agreement Renewals


Dear Ms. Becks:


We are writing with respect to your management agreements concerning the commodity pools to which
reference is made below (the “Management Agreements”). We are extending the term of the Management
Agreements through June 30, 2010 and all other provisions of the Management Agreements will remain
unchanged.



	 	•	 	Smith Barney Potomac Futures Fund L.P.
	 
	 	•	 	Citigroup Global Diversified Futures Fund L.P.
	 
	 	•	 	Citigroup Diversified 2000 Futures Fund L.P.
	 
	 	•	 	CMF Campbell Master Fund L.P.




Please acknowledge receipt of this modification by signing one copy of this letter and returning it
to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have any
questions I can be reached at 212-559-5046.



Very truly yours,




	 	 	 	 	 
	CITIGROUP MANAGED FUTURES LLC

 	 
	By:  	/s/ Jennifer Magro
 	 
	 	Jennifer Magro 	 
	 	Chief Financial Officer & Director 	 
	 
	CAMPBELL & COMPANY, INC.

 	 
	By:  	/s/ Thomas P. Lloyd
 	 
	  	Print Name: Thomas P. Lloyd

 	 




JM/sr
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 11-2873

___________

Santresa Scoggins, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Arkansas.

Bank of America, N.A., *

* [UNPUBLISHED]

Appellee. *

___________

Submitted: March 1, 2012

Filed: March 6, 2012

___________

Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.

___________

PER CURIAM.

Santresa Scoggins appeals the district court’s1

 adverse grant of summary

judgment in her employment-discrimination action against her former employer, Bank

of America, N.A. (Bank of America). Upon careful de novo review, see Torgerson

v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (summary judgment

standard of review), we find no basis for reversal. We agree with the district court

that Bank of America proffered a legitimate, non-discriminatory reason for Scoggins’s

termination, and that Scoggins failed to establish a genuine issue of material fact

1

The Honorable D.P. Marshall Jr., United States District Judge for the Eastern

District of Arkansas.
under any theory of liability. See Twymon v. Wells Fargo & Co., 462 F.3d 925, 934-

35 (8th Cir. 2006) (facially race-neutral statements, without more, do not demonstrate

racial animus on part of speaker; in absence of direct evidence court applies

burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S.

792 (1973); once plaintiff establishes prima facie case and employer articulates

legitimate, non-discriminatory reason for termination, employee must demonstrate by

preponderance of evidence that stated reason was pretext for unlawful discrimination;

this court has consistently held that violating company policy is legitimate,

non-discriminatory rationale for terminating employee); see also McCullough v. Univ.

of Ark. for Med. Scis., 559 F.3d 855, 860 (8th Cir. 2009) (claims under Title VII and

Arkansas Civil Rights Act are governed by same standards); cf. Barber v. C1 Truck

Driver Training, LLC, 656 F.3d 782, 798 (8th Cir. 2011) (noting that Title VII does

not set forth general civility code).

Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

______________________________

-2-
Third District Court of Appeal

State of Florida

Opinion filed January 20, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D19-1741

Lower Tribunal No. 16-22052

________________

De Soleil South Beach Residential Condominium Association, Inc.,

Appellant,

vs.

De Soleil South Beach Association, Inc.,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William 

Thomas, Judge.

Law Offices of Jason Gordon, P.A., and Jason Gordon (Hollywood), 

for appellant.

Young, Berman, Karpf & Karpf, P.A., and Andrew S. Berman, for 

appellee.

Before EMAS, C.J., and SCALES and HENDON, JJ. 

PER CURIAM.

Affirmed.
CERTIFICATE AS TO AUTHORIZING RESOLUTIONS  AND INCUMBENCY CERTIFICATE
  The undersigned hereby certifies that he or she is the Secretary of EMERITUS CORPORATION, a Washington corporation (Company), that as such he or she is authorized to execute this Certificate on behalf of the Company and that:
 (a)  annexed hereto as EXHIBIT A is a true and correct copy of the Resolutions duly adopted by the board of directors of the Company at a meeting duly held on
 _ February 13 __, 2004;
 (b)  such Resolutions have been entered in the minute book of the Company, have not been modified or rescinded and remain in full force and effect;
 (c)  annexed hereto as EXHIBIT B are true, correct, and complete copies of the articles of incorporation and the bylaws of the Company, as heretofore amended; and
 (d)   the following persons whose names, titles and signatures appear below are duly qualified to hold their respective offices as of the date hereof:
  Name
Signature
Office_William M. Shorten______
/s/_William M. Shorten____
Director of Real Estate Finance________________________
________________________
________________________ Dated as of July _ 20 __, 2004.
 /s/ Raymond R. Brandstrom  Name:  Raymond R. Brandstrom  Secretary
  
 
 EXHIBIT B  ARTICLES AND BYLAWSPAGE1[12187-2203/SB041880.030]7/6/04
#### The People of the State of New York, Respondent v Carl Bates, Appellant.

Memorandum: Defendant’s claim that he was improperly sentenced as a second violent felony offender *(see,*Penal Law § 70.04) is without merit. Although there is some confusion in the record, it is clear from the court’s comments at sentencing and the certificate of conviction that defendant was sentenced as a second felony offender *(see,*Penal Law § 70.06). Where, as here, a defendant voluntarily admits his prior felony conviction and was aware that he was about to face an enhanced sentence, he is estopped from attacking the validity of a sentence imposed under Penal Law § 70.06 *(People v Ryan,*50 AD2d 1078, *appeal dismissed*40 NY2d 988). We do not find the sentence imposed under the circumstances to be unduly harsh or excessive. Defendant’s claims of prosecutorial misconduct and that the victim’s identification testimony was impermissibly bolstered *(see, People v Trowbridge,*305 NY2d 471) *995were not properly preserved for appellate review and, in any event, were harmless in this nonjury trial *(see, People v Johnson,*57 NY2d 969, 970; *People v Mobley,*56 NY2d 584, 585; *People v Crimmins,*36 NY2d 230; *People v Richards,*116 AD2d 1008, 1009). (Appeal from judgment of Supreme Court, Erie County, Francis, J. — rape, first degree, and sodomy, first degree.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.
EXHIBIT 23



                       CONSENT OF INDEPENDENT ACCOUNTANTS
                       ----------------------------------


     We  consent to the incorporation by reference in the registration statement
of  Gradall  Industries,  Inc.,  on Form S-8 (File No. 333-40523) of our reports
dated  February 23, 1998, on our audits of the consolidated financial statements
and  financial  statement schedule of Gradall Industries, Inc., and Subsidiaries
as  of  December  31,  1997 and 1996, and for the years ended December 31, 1997,
1996  and  1995,  which reports are included in this Annual Report on Form 10-K.




                                   /s/ COOPERS & LYBRAND L.L.P.
                                   ----------------------------
                                   COOPERS  &  LYBRAND  L.L.P.

Cleveland,  Ohio
March  25,  1998
#### WINTERSON v. GARDNER.

(Supreme Court, Appellate Division. First Department.

July, 1896.)

Action by Maria L. Winterson against Maria Gardner.

No opinion. Motioh :granted.
Exhibit 12

Chesapeake Funding LLC  COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES  (Dollars in thousands)

|                                               |  | Year ended December 31, |         | Period from
June 24, 1999
(inception)
through
December 31,
|---------------------------------------------- |  | ----------------------- | ------- | ----------------------------------------------------------
|
|Earnings available to cover fixed charges:     |  |                         |         |                                                           
|Income before income taxes                     |  | $                       | 66,079  |                                                           
|Plus: fixed charges                            |  |                         | 54,373  |                                                           
|                                               |  |                         |         |                                                           
|Earnings available to cover fixed charges      |  | $                       | 120,452 |                                                           
|                                               |  |                         |         |                                                           
|Fixed charges:                                 |  |                         |         |                                                           
|Interest expense                               |  | $                       | 46,415  |                                                           
|Interest expense on mandatorily redeemable PMI |  |                         | 7,958   |                                                           
|                                               |  |                         |         |                                                           
|Total fixed charges                            |  | $                       | 54,373  |                                                           
|                                               |  |                         |         |                                                           
|Ratio of earnings to fixed charges             |  |                         | 2.22x   |                                                           
|                                               |  |                         |         |                                                           

---

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