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

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Felig, J.), rendered March 26, 1986, convicting her of rape in the first degree (two counts), sodomy in the first degree (two counts), and endangering the welfare of a child, upon a jury verdict, and imposing a sentence of indeterminate terms of 5 to 15 years’ imprisonment on each of the rape counts to run concurrently with each other and 5 to 15 years’ imprisonment on each of the sodomy counts to run concurrently with each other and consecutively to the terms of imprisonment on the rape counts, and a definite term of one-year imprisonment on the endangering the welfare of a child count, to run concurrently with all other sentences imposed.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by deleting the provision providing that the terms of imprisonment imposed on the sodomy counts are to run consecutively to the terms of imprisonment imposed on the rape counts, and substituting therefor a provision that said terms of imprisonment shall run concurrently; as so modified, the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

Under the circumstances of this case, the sentence imposed was excessive to the extent indicated.

*607The defendant’s remaining contention is unpreserved for appellate review and, in any event, is without merit. Kunzeman, J. P., Kooper, Harwood and Rosenblatt, JJ., concur.
EXHIBIT 32.1











CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER


CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of DecisionPoint Systems, Inc. (“ Company ”) hereby certifies, to such officer’s knowledge, that:




(1) the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period ended March 31, 2011 (“ Report ”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, 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.




Date May 23, 2011




/s/ Nicholas R. Toms


Name: Nicholas R. Toms


Title: Chief Executive Officer and President








THIS CERTIFICATION “ACCOMPANIES” THE REPORT, IS NOT DEEMED FILED WITH THE SEC AND IS NOT TO BE INCORPORATED BY REFERENCE INTO ANY FILING OF THE COMPANY UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED (WHETHER MADE BEFORE OR AFTER THE DATE OF THE REPORT), IRRESPECTIVE OF ANY GENERAL INCORPORATION LANGUAGE CONTAINED IN SUCH FILING. A SIGNED ORIGINAL OF THIS CERTIFICATION HAS BEEN PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE COMPANY AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                            5098
<INT-BEARING-DEPOSITS>                           84698
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                       1618
<INVESTMENTS-CARRYING>                            3578
<INVESTMENTS-MARKET>                              3565
<LOANS>                                         189067
<ALLOWANCE>                                       1776
<TOTAL-ASSETS>                                  293278
<DEPOSITS>                                      254062
<SHORT-TERM>                                       500
<LIABILITIES-OTHER>                               1555
<LONG-TERM>                                      11712
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       25449
<TOTAL-LIABILITIES-AND-EQUITY>                  293278
<INTEREST-LOAN>                                   4332
<INTEREST-INVEST>                                   90
<INTEREST-OTHER>                                   233
<INTEREST-TOTAL>                                  4655
<INTEREST-DEPOSIT>                                2067
<INTEREST-EXPENSE>                                2241
<INTEREST-INCOME-NET>                             2414
<LOAN-LOSSES>                                       60
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                   1491
<INCOME-PRETAX>                                   1187
<INCOME-PRE-EXTRAORDINARY>                        1187
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       804
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    8.65
<LOANS-NON>                                       4996
<LOANS-PAST>                                       109
<LOANS-TROUBLED>                                   451
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  1716
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                 1776
<ALLOWANCE-DOMESTIC>                              1776
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
HEDGE epg op
Street. wah PO i

January 18, 2007

Ms. Eileen Donovan

Acting Secretary of the Commission
Commodity Futures Trading Commission
3 Lafayette Centre

1155 21" Street, N.W.

Washington D.C. 20581

RE: Certification: HedgeStreet to Postpone Listing of Core CPI Contracts
Dear Acting Secretary Donovan:

Pursuant to Section 5c(c)(1) of the Commodity Exchange Act, as amended (the Act”) and
§40.6(a) of the regulations promulgated by the Commodity Futures Trading Commission
(the Commission”) under the Act, HedgeStreet, Inc. (“HedgeStreet”) hereby submits to
the Commission its intent to postpone listing of the Core CPI Contracts until further notice
to the Commission.

HedgeStreet is postponing the listing of any new Series of Core CPI Contracts until further
notice to the Commission. The Core CPI Contracts will expire in accordance with
HedgeStreet Rule 12.48. The current Series of Core CPI Contracts has an Expiration Date
of Thursday, January 18, 2007. No Contracts that have open interest will be affected by
this Rule Certification and HedgeStreet certifies that this action neither violates nor is
inconsistent with any provisions of the Act or the rules thereunder.

No substantive opposing views were expressed to HedgeStreet with respect to this action.

Should you have any questions regarding the above, please do not hesitate to contact me by
telephone at (650) 638-3511 or by email at sford@hedgestreet.com.

Sincerely,
Stephanie Ford
Vice President, Legal & Compliance

CC: Tom Leahy - CFTC
Phil Colling - CFTC
Clarissa Manansala - HedgeStreet, Inc.

1825 S. Grant Street
‘Suite 500
‘San Mateo, CA 94402
Tet: 650.638.3500
www.hedgestreet.com Fax: 650.638.3501
exv10w04



 






Exhibit 10.04




ACTION REQUIRED: If changing investment election for 2006, return this form by December 16, 2005.




2006 INVESTMENT ELECTION FORM



VALERO ENERGY CORPORATION



DEFERRED COMPENSATION PLAN




Direction of Investments



The undersigned Participant hereby directs that the measurement of the Participant’s account be
determined as if it were invested in the fund options as indicated below.




DEFERRALS OF SALARY AND/OR BONUSES BEGINNING 1/1/2006

WILL BE TREATED AS IF INVESTED AS INDICATED BELOW.




Enter your investment elections: 5% minimum/increments of 5%.

The total of the percentages must equal 100%.

You may invest in any one or more (including all) of the fund options.









	 	 	 
	___% Dreyfus Appreciation

	 	___% T. Rowe Price Mid-Cap Growth
	 
	 	 
	___% Fidelity Intermediate Gov’t

	 	___% Vanguard Asset Allocation
	 
	 	 
	___% Janus Worldwide

	 	___% Vanguard Growth and Income
	 
	 	 
	___% Liberty — Columbia Income

	 	___% Vanguard Index 500
	 
	 	 
	___% Oakmark

	 	___% Vanguard Index Extended Market
	 
	 	 
	 

	 	___% AASelect Funds Money Market Select Fund









I understand that the elections I have chosen on this form shall remain in effect until I make
a directive to change.




	 	 	 
	Participant’s Signature

	 	Date
	 
	 	 
	«First_Name» «Last_Name»

	 	«Emplid»
	 

	 	 
	Participant’s Name

	 	Participant’s Employee ID Number
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7305

UNITED STATES OF AMERICA, Plaintiff – Appellee,

v. GARFIELD ANTHONY ANDERSON, a/k/a James McDonald, Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (7:02-cr-00070-F-1; 7:06-cv-00112-F)

Submitted: January 14, 2010 Decided: February 8, 2010

Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Garfield Anthony Anderson, Appellant Pro Se. Anne Margaret Hayes, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Garfield Anthony Anderson seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Anderson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 32.2

                            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 Annual Report on Form 10-KSB of Vital Living, Inc.
(the "Company") for the year ended December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gregg
A. Linn, Chief Financial Officer of the Company, certify, to my best knowledge
and belief, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 (15 U.S.C. 78m(a) or
            78o(d)); 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/ GREGG A. LINN
                                                     -----------------
                                                     Gregg A. Linn
                                                     Chief Financial Officer

April 14, 2004
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-30461 Conference Calendar

__________________ DAVID BOUDREAUX, SR., Plaintiff-Appellant,
versus JOHN DOE, Individually and in his official capacity as Chief Executive Officer, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 94-CV-1221-J
- - - - - - - - - - August 23, 1995 Before KING, JOLLY, and WIENER, Circuit Judges. PER CURIAM: * David Boudreaux, Sr., in this 42 U.S.C. § 1983 civil rights action, appeals from the district court's denial of a motion for an extension of time to file objections to the magistrate judge's report recommending the dismissal of his complaint. The district court has discretion in enforcing scheduling orders and time deadlines. See Geiserman v. MacDonald , 893 F.2d 787, 790-91 (5th Cir. 1990). The district court's denial of Boudreaux's secondNo. 95-30461 -2- motion for an extension of time to file objections to the magistrate judge's report and recommendation is reviewed for abuse of discretion. See id. at 793 (court did not abuse its discretion by refusing to grant additional time to file late responses to interrogatories); Fed. R. Civ. P. 6(b). As the district court reasoned in its order denying the motion, the court, in effect, had already granted Boudreaux two extensions of time in which to file objections to the report when the court received Boudreaux's second motion for an extension of time. At no time, in the district court or on appeal, has Boudreaux indicated or offered his objections. Under these circumstances, the district court's denial of the motion did not constitute an abuse of discretion. AFFIRMED.
Case 1:07-cr-00566-GBD     Document 55      Filed 08/19/2008     Page 1 of 2

Case 1:07-cr-00566-GBD     Document 55      Filed 08/19/2008     Page 2 of 2
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

June 12, 2009

Ms. Kelly Putney Rogers

Nunley Jolley Cluck Aelvoet, LLP

1580 South Main Street, Suite 200

Boerne, TX 78006-3308

Mr. Robert Bezucha

Roberts Cunningham & Stripling, L.L.P.

8117 Preston Road, Suite 800

Dallas, TX 75225

Honorable Mark B. Greenberg

County Court at Law # 5

509 Main Street, Suite 411

Dallas, TX 75202-3513

RE:Case Number:  08-0531

Court of Appeals Number:  05-08-00809-CV

Trial Court Number:  07-01597-E

Style:IN RE  INTERNATIONAL PROFIT ASSOCIATES, INC., INTERGRATED BUSINESS ANALYSIS, INC., ACCOUNTANCY ASSOCIATES, LLC., INTERNATIONAL TAX ADVISORS, INC., AND HUEY MITCHELL, JR.

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinion in the above-referenced cause.  Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus.  The stay order issued March 11, 2009 is lifted.

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 08-0531Page 1**
I 

116TH CONGRESS 

1ST SESSION H. R. 1702 

To waive the application fee for any special use permit for veterans demonstrations and special events at war memorials on Federal land, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2019 

Mr. STEUBE (for himself, Mr. DUNN, Mr. MCCLINTOCK, and Ms. GABBARD) 

introduced the following bill; which was referred to the Committee on 

Natural Resources 

A BILL 

To waive the application fee for any special use permit for 

veterans demonstrations and special events at war memorials on Federal land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Free Veterans from 

5 Fees Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 1702 IH

1 SEC. 2. WAIVER OF SPECIAL USE PERMIT APPLICATION 

2 FEE FOR VETERANS DEMONSTRATIONS AND 

3 SPECIAL EVENTS. 

4 (a) WAIVER.—The application fee for any special use 

5 permit solely for a veterans demonstration or special event 

6 at war memorials on Federal land shall be waived. 

7 (b) DEFINITIONS.—In this section: 

8 (1) DEMONSTRATION; SPECIAL EVENT.—The 

9 terms ‘‘demonstration’’ and ‘‘special event’’ have the 

10 meaning given those terms in section 7.96 of title 

11 36, Code of Federal Regulations. 

12 (2) VETERAN.—The term ‘‘veteran’’ has the 

13 meaning given that term in section 101(2) of title 

14 38, United States Code. 

15 (3) VETERANS DEMONSTRATION OR SPECIAL

16 EVENT.—The term ‘‘veterans demonstration or spe17 cial event’’ means a demonstration or special event 

18 whose primary purpose is to commemorate, or honor 

19 either a group of people because of their service as 

20 veterans or immediate family members of veterans. 

21 (4) WAR MEMORIAL.—The term ‘‘war memo22 rial’’ means any tangible object which has been 

23 erected or dedicated to commemorate— 

24 (A) war, conflict, victory, or peace; 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 1702 IH

1 (B) casualties who served in, were affected 

2 by, or killed as a result of war, conflict, or 

3 peacekeeping; or 

4 (C) those who died as a result of accident 

5 or disease while engaged in military service. 

6 (c) APPLICABILITY.—This section shall apply to any 

7 special use permit application submitted after the date of 

8 the enactment of this Act. 

9 (d) APPLICABILITY OF EXISTING LAWS.—Permit ap10 plicants remain subject to all other laws, regulations, and 

11 policies regarding the application, issuance and execution 

12 of special use permits for a veterans demonstration or spe13 cial event at war memorials on Federal land. 

Æ 


kjohnson on DSK79L0C42 with BILLS
Exhibit 31                  Rule 13a-14(d) Certification

                                  CERTIFICATION

     I, Michael L. Parker, a President and Director of Washington Mutual
Mortgage Securities Corp., certify that:

     1. I have reviewed this annual report on Form 10-K, and all reports on Form
8-K containing distribution or servicing reports filed in respect of periods
included in the year covered by this annual report, of WASHINGTON MUTUAL
MORTGAGE SECURITIES CORP. MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-8;

     2. Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the
last day of the period covered by this annual report;

     3. Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

     4. I am responsible for reviewing the activities performed by the servicer
under the pooling and servicing, or similar, agreement and based upon my
knowledge and the annual compliance review required under that agreement, and
except as disclosed in the reports, the servicer has fulfilled its obligations
under that agreement; and

         5. The reports disclose all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon the report
provided by an independent public accountant, after conducting a review in
compliance with the Uniform Single Attestation Program for Mortgage Bankers or
similar procedure, as set forth in the pooling and servicing, or similar,
agreement, that is included in these reports.

         In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated third parties acting as
servicers and sub-servicers:

     Cendant Mortgage Corp, Chase Manhattan Mortgage Corp, Downey Savings and
Loan Assoc, Flagstar Bank, FSB, National City Mortgage, Novus Financial, Old
Kent Bank Mortgage Company, Olympus Servicing, LP, Suntrust Mortgage, Washington
Mutual


Dated: March 15, 2004
                                     /s/ Michael L. Parker
                                         Michael L. Parker,
                                         President and Director
Case 1:07-cv-05394-AKH Document 25-5 Filed 11/09/2007 Page 1 of 2
Case 1:07-cv-05394-AKH Document 25-5 Filed 11/09/2007 Page 2 of 2
Exhibit 99.1
                                 CERTIFICATION

I, Charles M. Weaver, certify that:

         1.       I have reviewed this annual report on Form 10-K in respect
                  of the Corporate Backed Trust Certificates, Corning
                  Debenture-Backed Series 2001-28 Trust (the "Trust") and all
                  reports on Form 8-K containing distribution or servicing
                  reports of the Trust filed in respect of periods included in
                  the year covered by this annual report of the Trust;

         2.       Based on my knowledge, the information in these reports,
                  taken as a whole, 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 as of
                  the last day of the period covered by this annual report;

         3.       Based on my knowledge, the distribution or servicing
                  information required to be provided to the Depositor by the
                  Trustee under the pooling and servicing or similar
                  agreement, for inclusion in these reports is included in
                  these reports; and

         4.       I am responsible for reviewing the activities performed by
                  the Depositor and the Trustee under the pooling and
                  servicing or similar agreement and based upon my knowledge
                  and the annual compliance review required under that
                  agreement, and except as disclosed in the reports, the
                  Depositor and Trustee have each fulfilled its obligations
                  under that agreement.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.



Date: March 28, 2005


         /s/ Charles M. Weaver
--------------------------------------
Charles M. Weaver, Vice President