alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Clear All

        23 February 2024    

                    The Invisible Hand Helping Communities Heal: The Sailors Behind Navy Mortuary Services                 
                ROTA, Spain - Being the one left behind after a death is not easy. One moment, everything seems normal; and the next, you realize life will never be the same. During that emotional and stressful time, the Sailors of Navy Mortuary Services step in to lighten the burden.“Someone’s got to,” said Senior            

        17 September 2023    

                    Immigrant Sailors celebrate citizenship during Constitution Week                 
                Sailors, with hope in their heart and papers in hand, confidently stride into an  office that holds the key to their future as an American citizen. Upon entering, they go through a lengthy and often stressful process that ultimately sees them transition from immigrant to citizen following their Oath            

        25 July 2023    

                    Pharmacy tech fills medical capability aboard USS Arleigh Burke                 
                Hospital Corpsman 2nd Class Travis Billow, assigned to Navy Medicine Readiness and Training Command (NMRTC) Rota, supported a 65-day temporary assigned duty (TAD) aboard guided-missile destroyer USS Arleigh Burke (DDG 51).            

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
Third District Court of Appeal

State of Florida

Opinion filed February 7, 2018.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D17-2673

Lower Tribunal No. 97-6088A

________________

Alex Gutierrez,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the

Circuit Court for Miami-Dade County, Mark Blumstein, Judge.

Alex Gutierrez, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before ROTHENBERG, C.J., and EMAS and LUCK, JJ.

EMAS, J.
Alex Gutierrez appeals the trial court’s order summarily denying his motion

to correct illegal sentence. Gutierrez contends that his habitual violent felony

offender sentences are illegal under Heggs v. State, 759 So. 2d 620 (Fla. 2000)1

and that his crimes were committed on February 20, 1997, within the Heggs

window.2 

While Gutierrez is correct that he committed his crimes within the Heggs

window, he is incorrect in asserting that the sentences are illegal, because Heggs is

inapplicable to a defendant who was sentenced as a habitual violent felony

offender.

Section 775.084(4)(e), Florida Statutes (1994), which provision existed prior

to the unconstitutional 1995 amendments to the sentencing guidelines, provided

that a defendant who is sentenced as a habitual felony offender or a habitual

violent felony offender is not subject to the sentencing guidelines provisions of

section 921.001, Florida Statutes. Therefore, the 1995 sentencing guidelines, and

the Heggs decision striking down those guidelines as unconstitutional, has no

application to the non-guidelines sentences imposed on Gutierrez in the instant

case. De La Rosa v. State, 979 So. 2d 1089 (Fla. 3d DCA 2008) (holding that the

1

In Heggs, the Florida Supreme Court held that the 1995 sentencing guidelines

(chapter 95-184, Laws of Florida) were unconstitutional, having been adopted in

violation of the single-subject rule contained in Article III, section 6 of the Florida

Constitution. 

2 See Trapp v. State, 760 So. 2d 924 (Fla. 2000) (applying Heggs to offenses

committed between October 1, 1995 and May 24, 1997). 

2
Florida Supreme Court’s decision in Heggs does not affect a defendant who was

properly sentenced as a habitual violent felony offender); Stanley v. State, 947 So.

2d 627 (Fla. 3d DCA 2007) (holding that defendant’s sentence was not illegal

under Heggs where defendant was sentenced as a habitual felony offender);

Jefferson v. State, 826 So. 2d 1006 (Fla. 3d DCA 2001) (affirming denial of a

Heggs challenge to the legality of a sentence where defendant designated and

sentenced as a habitual violent felony offender).

Affirmed.

3
i! is Office of In-House Counsel, LLC 7

a
!
a
wi

io

:

Madge M. Piro

1300 Pennsylvania Avenue, N.W.
Suite 700

Washington, DC 20004
202.204.3088

Fax: 202.318.9105

piro@oic-trading.com

September 5, 2006

Ms. Eileen A. Donovan

Secretary

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Security Futures Products Rule Submission and Rule Certification

Dear Ms. Donovan:

On behalf of my client, OneChicago, LLC (“OneChicago”) and pursuant to
section 5c(c)(1) of the Commodity Exchange Act, as amended (the “Act”), and section
41.24 of the regulations promulgated by the Commission under the Act, submitted
herewith is a rule amendment to the OneChicago listing standards for a single stock
future (“SSF”). The rule amendment will be effective on September 8, 2006.

OneChicago is amending its Rule 906(b), which relates to Listing Standards for
SSF by eliminating the maintenance requirement that “[t]he issuer of the underlying
security satisfies applicable Exchange Act reporting requirements, or corrects any failure
within 30 days after the date the report was due to be filed.”

There are no opposing views that are not incorporated into this rule
amendment.

On behalf of OneChicago, I hereby certify that that the amendment to the
initial listing standard for single stock futures complies with the Act and regulations
promulgated thereunder.

/s/ Madge M. Piro
Madge M Piro (MI P44251)

Practice Limited to Federal Securities and Commodity Futures Law
Not licensed in DC
Member of the Bars of the U.S. Supreme Court, State of Michigan and State of Illinois



906

Appendix A

OneChicago Rule

Listing Standards
(a) No Change

(b) (1) No Change

(2) The Exchange will not open trading in a security futures product with a
new delivery month unless:

(A) . . . : :
: : 7 . y faite ‘thin 30-4 e
after the date the report was dueto- be filed and

<B) ‘The underlying security is listed on a national securities exchange
or is principally traded through the facilities of a national securities
association and is designated as an NMS security.

(3) No Change

(4) No Change

-2-
Case 1:07-cv-05794-MGC Document 20-3 Filed 09/10/2008 Page 1 of 5
Case 1:07-cv-05794-MGC Document 20-3 Filed 09/10/2008 Page 2 of 5
Case 1:07-cv-05794-MGC Document 20-3 Filed 09/10/2008 Page 3 of 5
Case 1:07-cv-05794-MGC Document 20-3 Filed 09/10/2008 Page 4 of 5
Case 1:07-cv-05794-MGC Document 20-3 Filed 09/10/2008 Page 5 of 5
March 28, 2007 POUR 2S PY 06

Ms. Eileen A. Donovan SECRETARIAL
Acting Secretary

Commodity Futures Trading Commission

Three Lafayette Center

1155 21* Street, N.W.

Washington, D.C. 20581
Reference File # 2775.01
Rule Certification

Dear Ms. Donovan:

Pursuant to Commission Regulation 40.6(a), the Chicago Board of Trade (CBOT®) hereby
submits the following revised option expiration schedule for Agricultural and Financial options:

- Change the last trading day/expiration for December 2010 agricultural and
financial options from Friday, November 26 to Tuesday, November 23, 2010.

The referenced agricultural options include Corn, Soybean, Soybean Oil, Soybean Meal, Oat,
Rice and Wheat contracts. The referenced financial options include U.S. Treasury Bond and 10-
Year, 5-Year and 2-Year U.S. Treasury Note contracts. There is no open interest in any of the
referenced contracts.

This revision to the option expiration schedule is designed to minimize holiday-related
scheduling issues in connection with the 2010 Thanksgiving holiday.

There were no opposing views concerning this change.

The CBOT certifies that this change conforms with the Commodity Exchange Act and the rules
thereunder.

Sincerely,

Paul J. Draths
Vice President and Secretary

b032007
#### UNITED STATES of America, Plaintiff-Appellee, v. Richard Darnell LONG, Defendant-Appellant.

No. 12-4971.

United States Court of Appeals, Fourth Circuit.

Submitted: May 3, 2013.

Decided: May 8, 2013.

*233Michael E. Archenbronn, Law Office of Michael E. Archenbronn, Winston-Salem, North Carolina, for Appellant. Michael A. DeFranco, Assistant United States Attorney, Greensboro, North Carolina, for Ap-pellee.

Before SHEDD, DUNCAN, and WYNN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Richard Darnell Long appeals the 198-month downward variant sentence imposed upon him after the disposition of his initial direct appeal, in which we affirmed his conviction but vacated his sentence and remanded his case to the district court to permit resentencing under the Fair Sentencing Act of 2010, Pub.L. No. 111-220, 124 Stat. 2372 (“FSA”). Long’s counsel has filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), in which he states that he can identify no meritorious issues for appeal, but questions whether Long was properly designated a career offender under *U.S. Sentencing Guidelines Manual*(“USSG”) § 4B1.1 (2010). We affirm.

As counsel recognizes, there is no question that Long was properly designated a career offender, given that his two prior felony assault with a deadly weapon convictions were separated by an intervening arrest. In other words, these two convictions are counted separately even though they were consolidated for sentencing because Long was arrested for the first offense prior to committing the second offense. *See*U.S.S.G. § 4A1.2 (a)(2), 4B1.2 (c)(2); *United States v. Dean,*604 F.3d 169, 171 (4th Cir.2010); *United States v. Green,*436 F.3d 449, 459 (4th Cir.2006).

Long has filed a pro se brief in which he asks us to revisit the drug amounts alleged in his indictment, to strike the 21 U.S.C. § 851 (2006) enhancement that he received, to reduce his sentence yet further under the FSA, and to upend the ten-year term of supervised release that he received. We have reviewed each of Long’s assertions and conclude that they are without merit.

In accordance with *Anders,*we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm the judgment of the district court. This court requires that counsel inform Long, in writing, of the right to petition the Supreme Court of the United States for further review. If Long requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Long. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
**CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Quarterly Report of Gondwana Energy Ltd. (the "Company") on Form 10-QSB for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Arne Raabe, President and Chief Financial 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) or 15(d) of the Securities Exchange Act of 1934; and

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

Dated this 20th day of August, 2006.

BY:
/s/ ARNE RAABE                        Arne Raabe, President and Principal Financial Officer **
Exhibit 99.2
 
 
 CERTIFICATE 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 (the “Report”) on the Form 10-Q of Portage Resources, Inc. (the “Company”) for the three months ended August 31, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Martine Caron, Chief Executive Officer, President and Director, certify, pursuant
to 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 and belief:
 
 1. The Quarterly Report fully complies with the requirements of Section 13 (a) or 15 (d) of the Securities and Exchange Act of 1934, as amended; and
 
 2. The information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operation of the Company.
 
 
 Date: September 28, 2009
 
 
 MARTINE CARON
 Martine Caron
 Chief Executive Officer,
 President and Director
 
 
 -1-
Amendment to Executive Agreement dated as of April 29, 2004



 Exhibit 10.24 
  
 AMENDMENT TO 
 EXECUTIVE AGREEMENT 
  
 THIS
AGREEMENT made as of the 29th day of April, 2004, 
  
 BETWEEN:

  
 EXI WIRELESS INC., a corporation governed by the
laws of Canada, having its registered office at 1500 – 1055 West Georgia Street, Vancouver, British Columbia, V6E 4N7 
  
 (the “Corporation”) 
  
 OF THE FIRST PART 
  
 AND: 
  
 NUREZ KHIMJI, of 6333 Burns Street, Burnaby, BC V5E 1T3 
  
 (“Khimji”) 
  
 OF THE SECOND PART 
  
 WHEREAS: 
  
 (A) Khimji and the Corporation entered into an
Executive Agreement made as of the 17th day of December, 2001; 
  
 (B) The
Corporation and Khimji wish to amend the Executive Agreement; 
  
 NOW
THEREFORE, in consideration of the premises and covenants set out in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 

 

	1.	Section 3 is amended by deleting the number “$90,000” and substituting therefor the number “$120,000”. 

  

	2.	Section 11.1 is amended by deleting the words “90 days” and substituting therefore the words “six months”. 

  

	3.	Section 11.3 is amended by deleting the words “three months” and substituting therefore the words “six months”. 

  

	4.	The Executive Agreement is further amended by adding the following section: 

  

	 	12.	Change of Control of Business 

  
 In the event eXI Wireless Inc. sells the Corporation to a party (the “Buyer”), the Buyer may terminate this Agreement by giving a minimum of 12
months written notice to such effect to Khimji. 







 4. Except as amended hereby, the Executive Agreement is confirmed. 
  
 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written. 
  

			
	EXI WIRELESS INC.
		
	Per:	 	 /s/ Malik Talib


	 	 	Authorized Signatory

  

							
	Signed, Sealed and Delivered by	 	)	 	 	 	 
	NUREZ KHIMI in the presence of:	 	)	 	 	 	 
	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
				
	  

 Witness (Signature)
	 	)	 	 	 	 /s/ Nurez Khimji

 NUREZ KHIMJI

	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
				
	  

 Name (please print)
	 	)	 	 	 	 
	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
				
	  

 Address
	 	)	 	 	 	 
	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
	 	 	)	 	 	 	 
				
	  

 City, Province
	 	)
(September 14, 1989)

#### The People of the State of New York, Respondent, v Jorge Marulanda, Appellant.

Judgment, Supreme Court, New York County (Herman Cahn, J.), rendered on March 10, 1987, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Concur—Murphy, P. J., Kassal, Rosenberger, Ellerin and Rubin, JJ.
#### Gregory Lamont Bullard EL, Petitioner-Appellant, v. Robert LEWIS, Department of Public Safety Director; Susan White, Mountain View Correctional Superintendent, Respondents-Appellees.

No. 12-7826.

United States Court of Appeals, Fourth Circuit.

Submitted: April 2, 2013.

Decided: May 23, 2013.

Gregory Lamont Bullard El, Appellant Pro Se.

*190Before WILKINSON, MOTZ, and THACKER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Gregory Lamont Bullard El seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certifícate of appealability. *See*28 U.S.C. § 2253(c)(1)(A) (2006). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2258(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Bullard El has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny his motion for appointment of counsel, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
<PAGE>

                                                                    EXHIBIT 32.2

                   Certification of Periodic Financial Reports

I, Deborah C. DeRouen, of OMNI Energy Services Corp., certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)   the Quarterly Report on Form 10-Q for the quarterly period ended September
      30, 2004 (the "Periodic Report") which this statement accompanies 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 Periodic Report fairly presents, in all
      material respects, the financial condition and results of operations of
      OMNI Energy Services Corp.

Dated: November 15, 2004

                                               /s/ Deborah C. DeRouen
                                               ---------------------------------
                                               Deborah C. DeRouen
                                               Chief Accounting Officer
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                               DEC-31-2000
<PERIOD-END>                                    MAR-31-2000
<CASH>                                                8,391
<SECURITIES>                                              0
<RECEIVABLES>                                       117,204
<ALLOWANCES>                                          2,680
<INVENTORY>                                          90,814
<CURRENT-ASSETS>                                    219,596
<PP&E>                                              216,897
<DEPRECIATION>                                       51,257
<TOTAL-ASSETS>                                      475,927
<CURRENT-LIABILITIES>                                72,514
<BONDS>                                             187,636
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                                 13
<OTHER-SE>                                          204,589
<TOTAL-LIABILITY-AND-EQUITY>                        475,927
<SALES>                                             233,467
<TOTAL-REVENUES>                                    233,467
<CGS>                                               173,466
<TOTAL-COSTS>                                       226,371
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                    4,373
<INCOME-PRETAX>                                       7,264
<INCOME-TAX>                                          2,797
<INCOME-CONTINUING>                                   4,467
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                          4,467
<EPS-BASIC>                                            0.35
<EPS-DILUTED>                                          0.35



</TABLE>
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 4433

_____________________________
L OREN D. K ING , II
, Appellant
,

v.

D EPARTMENT O F H EALTH , Appellee

.

_____________________________

On appeal from the Board of Nursing. Joe R. Baker, Jr., Executive Director.

March 1, 2019

P ER C URIAM

.
A FFIRMED

. B.L. T HOMAS , C.J.
, and K ELSEY and W INOKUR , JJ., concur

.

_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Loren D. King, II, pro se
, Appellant

. Christine E. Lamia, Chief Appella t e Counsel, Katelyn R. Boswell, Assistant General Counsel, Florida Department of Health, Tallahassee
, for Appellee

.
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 1 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 2 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 3 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 4 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 5 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 6 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 7 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 8 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 9 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 10 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 11 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 12 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 13 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 14 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 15 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 16 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 17 of 18
Case 1:07-cv-05804-GEL Document 19-18 Filed 05/03/2008 Page 18 of 18
EXHIBIT 4.2
                                                                     -----------





          AMENDMENT NO. 4 TO AMENDED AND RESTATED TREY RESOURCES, INC.
               2004 DIRECTORS' AND OFFICERS' STOCK INCENTIVE PLAN


The Board of Directors through unanimous written consent on December 13, 2005
amended the Amended and Restated 2004 Directors' and Officers' Stock Incentive
Plan (the "Plan") by deleting the reference to "14.5 million shares of the
Company Class A, Common Stock, par value $.00001" in Section 5 of the Plan and
replacing it with "20 million shares of the Company Class A, Common Stock, par
value $.00001".
Case 1:07-cv-05857-JCF Document 2 Filed 06/20/2007 Page 1 of 1