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

[801 NYS2d 109]

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered July 22, 2002, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant, an inmate, waived indictment and pleaded guilty to attempted promoting prison contraband in the first degree in satisfaction of a superior court information charging him with several drug crimes. As part of the negotiated plea agreement, defendant waived his right to appeal from all aspects of the case except the sentence. Despite the People’s recommendation at sentencing of IV2 to 3 years, County Court sentenced defendant, as a second felony offender, to 2 to 4 years in prison. Defendant now appeals.

We are unpersuaded by defendant’s contention that his sentence is harsh and excessive. At the plea allocution, the People agreed to consider reducing their initial sentencing recommendation of 2 to 4 years to IV2 to 3 years if defendant cooperated with an ongoing prison investigation. County Court made clear, however, that it would not be bound by any new rec*1184ommendation and advised defendant that it could still sentence him to 2 to 4 years in prison. Defendant indicated that he understood the sentencing recommendation and that the People made no express promises to him regarding a reduced sentence. In light of the foregoing, as well as the People’s decision not to seek persistent felony offender status against defendant despite his extensive criminal history, we discern no abuse of discretion in the sentence imposed *(see People v Humphrey,*13 AD3d 815, 816 [2004], *lv denied*4 NY3d 799 [2005]; *People v Kane,*6 AD3d 986, 987 [2004]).

Crew III, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.
STATE of North Carolina v. Gary Roger THOMSON, Defendant.

No. COA15-390.

Court of Appeals of North Carolina.

Jan. 19, 2016.

**Case Reported Without Published Opinion**

No Error.
1

The Honorable Robert E. Larsen, United States Magistrate Judge for the

Western District of Missouri, to whom the case was referred for final disposition by

consent of the parties pursuant to 28 U.S.C. § 636(c).

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 10-1898

___________

Jeffrey J. Gorman, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the Western

* District of Missouri.

Michael J. Astrue, Commissioner *

of Social Security, * [UNPUBLISHED]

*

Appellee. *

___________

Submitted: January 5, 2011

Filed: January 10, 2011

___________

Before BYE, BOWMAN, and COLLOTON, Circuit Judges.

___________

PER CURIAM.

Jeffrey J. Gorman appeals the district court’s1

 order affirming the determination

that he is not entitled to a waiver of recovery of overpaid disability insurance benefits.

After careful review of the record and Gorman’s arguments for reversal, see Davidson

v. Astrue, 501 F.3d 987, 989-90 (8th Cir. 2007) (de novo review), we find that the

administrative law judge’s (ALJ’s) credibility determination is entitled to deference,
-2-

as it was based on several valid reasons, see Juszczyk v. Astrue, 542 F.3d 626, 632

(8th Cir. 2008); we find no evidence of bias on the part of the ALJ, see Rollins v.

Massanari, 261 F.3d 853, 857-58 (9th Cir. 2001) (quasi-judicial administrative

officers such as ALJs are presumed unbiased, but presumption can be rebutted by

showing conflict of interest or other specific reason for disqualification); and we reject

as meritless Gorman’s argument that he was denied due process. We thus agree with

the district court that Gorman failed to meet his burden of establishing that he was

without fault for the overpayment. See Coulston v. Apfel, 224 F.3d 897, 900 (8th Cir.

2000) (per curiam) (burden is on claimant to prove entitlement to waiver of

repayment); see also 20 C.F.R. § 404.507 (even if Social Security Administration is

at fault for making overpayment, claimant is not relieved from liability for repayment

if he himself is not without fault). Accordingly, we affirm.

______________________________
NUMBERS 13-07-00583-CR AND 13-07-00584-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

GEORGE ARTHUR MERRILL, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On Appeal from the 105th District Court

of Kleberg County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela 

Memorandum Opinion Per Curiam

Appellant, George Arthur Merrill, by and through his attorney, has filed motions to

dismiss his appeals because he no longer desires to prosecute them. See TEX. R. APP.

P. 42.2(a). Without passing on the merits of the cases, we grant appellant's motions to

dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeals.
2

Having dismissed the appeals at appellant's request, no motions for rehearing will be

entertained, and our mandates will issue forthwith.

PER CURIAM

Do not publish. 

See TEX. R. APP. P. 47.2(b). 

Memorandum Opinion delivered and 

filed this 21st day of August, 2008.
Exhibit
32





CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


PURSUANT
TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certifies,
pursuant to, and as required by, 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
Hauppauge Digital, Inc. (the “Company”) on Form 10-Q for the period ended
December 31, 2009 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended, and that information
contained in such Quarterly Report on Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the
Company.





Date:  February
      12, 2010
              /s/ Kenneth PlotkinKenneth
      PlotkinChief
      Executive Officer/s/ Gerald TucciaroneGerald
      TucciaroneChief
      Financial Officer, Treasurer and
Secretary
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               DEC-31-1999
<CASH>                                         5124237
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                   67734671
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                       16884213
<ALLOWANCE>                                      30000
<TOTAL-ASSETS>                                93858005
<DEPOSITS>                                    67388813
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                             303785
<LONG-TERM>                                   15000000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          8565
<OTHER-SE>                                    11156842
<TOTAL-LIABILITIES-AND-EQUITY>                93858005
<INTEREST-LOAN>                                 317550
<INTEREST-INVEST>                              1271399
<INTEREST-OTHER>                                 44684
<INTEREST-TOTAL>                               1633633
<INTEREST-DEPOSIT>                              833575
<INTEREST-EXPENSE>                             1044549
<INTEREST-INCOME-NET>                           589084
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                            (674061)
<EXPENSE-OTHER>                                 236013
<INCOME-PRETAX>                               (314076)
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (201255)
<EPS-BASIC>                                    (.26)
<EPS-DILUTED>                                    (.26)
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 30000
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                30000
<ALLOWANCE-DOMESTIC>                             30000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          30000


</TABLE>
BSK Enterprises, Inc. and B. Kelley Enterprises, Inc. v. Beroth Oil Company

No. 117P16

Supreme Court of North Carolina.

June 9, 2016

Guy W. Crabtree, C. Douglas Maynard, Jr., Mark E. Fogel, Attorneys at Law, For BSK Enterprises, Inc., et al.

Matthew H. Bryant, Timothy A. Nerhood, T. Paul Hendrick, Attorneys at Law, For Beroth Oil Company.

Ryan Connolly, Attorney at Law.

**ORDER**

Upon consideration of the petition filed on the 1st of April 2016 by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals *40pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of June 2016."
STATE of North Carolina v. Curtis Louis SANGSTER.

No. 84P15-3.

Supreme Court of North Carolina.

March 17, 2016.

Curtis Louis Sangster, for Sangster, Curtis L.

Robert C. Montgomery, Special Deputy Attorney General, for State of N.C.

N. Lorrin Freeman, District Attorney, for State of N.C.

*ORDER*

Upon consideration of the petition filed by Defendant on the 9th of November 2015 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Wake County:

> "Dismissed by order of the Court in conference, this the 17th of March 2016."

Upon consideration of the petition filed by Defendant on the 16th of November 2015 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Wake County:

> "Dismissed by order of the Court in conference, this the 17th of March 2016."

Upon consideration of the petition filed by Defendant on the 3rd of December 2015 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Wake County:

> "Dismissed by order of the Court in conference, this the 17th of March 2016."

Upon consideration of the petition filed by Defendant on the 28th of January 2016 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Wake County:

> "Dismissed by order of the Court in conference, this the 17th of March 2016."
##### 



Exhibit 32.1 Written Statement of the President and Chief Executive Officer
Pursuant to 18 U.S.C. §1350 Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned President and
Chief Executive Officer of LaCrosse Footwear Inc. (the Company), hereby certify, based on my
knowledge, that the Annual Report on Form 10-K of the Company for the year ended December 31, 2004
(the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and that information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. /s/ Joseph P. SchneiderJoseph P. SchneiderMarch 25, 2005
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 NACO Industries, Inc. (the "Company")
on Form 10-QSB for the fiscal  quarter ended February 28, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
J. Kirby, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
ss.  1350,  as adopted  pursuant to ss. 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 result of  operations of the
Company.


/s/ Jeffrey J. Kirby
-------------------------------
    Jeffrey J. Kirby
    Chief Financial Officer

April 11, 2003
# C_2008171EN.01000502.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/5 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/5

---

Judgment of the Court (Third Chamber) of 22 May 2008 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven) — Feinchemie Schwebda GmbH, Bayer CropScience AG v College voor de toelating van bestrijdingsmiddelen

(Case C-361/06) (1)

1

(Plant protection products - Authorisation to place on the market - Ethofumesate - Directives 91/414/EEC and 2002/37/EC - Regulation (EEC) No 3600/92 - Application for reopening of the oral procedure)

(2008/C 171/08)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: Feinchemie Schwebda GmbH, Bayer CropScience AG

Applicant:

Defendant: College voor de toelating van bestrijdingsmiddelen

Defendant:

Intervener: Agrichem BV

Intervener:

Re:

Preliminary ruling — College van Beroep voor het Bedrijfsleven — Interpretation of Article 4(1) of Commission Directive 2002/37/EC of 3 May 2002 amending Council Directive 91/414/EEC to include ethofumesate as an active substance (OJ 2002 L 117, p. 10) — Obligation on Member States to withdraw, before 1 September 2003, authorisation for any product containing ethofumesate in the case where the authorisation holder does not have, or does not have access to, a dossier satisfying the conditions set out in Annex II to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1)

Operative part of the judgment

Article 4(1) of Commission Directive 2002/37/EC of 3 May 2002 amending Council Directive 91/414/EEC to include ethofumesate as an active substance must be interpreted as not requiring Member States to terminate, before 1 September 2003, the authorisation of a plant protection product containing ethofumesate on the ground that the holder of that authorisation does not hold, or have access to, a dossier satisfying the requirements set out in Annex II to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.

---

(1)  OJ C 294, 2.12.2006.

1

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6121

MICHAEL COFIELD,

Plaintiff - Appellant,

v.

ROY BOWSER; SERGEANT STOKES,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Walter D. Kelley, Jr., District

Judge. (2:06-cv-00533-WDK-TEM)

Submitted: September 10, 2008 Decided: September 18, 2008

Before WILKINSON, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Cofield, Appellant Pro Se. Samuel Lawrence Dumville,

NORRIS, ST. CLAIR & LOTKIN, Virginia Beach, Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Michael Cofield appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2000) action for failure to state

a claim. We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Cofield v. Bowser, No. 2:06-cv-00533-WDK-TEM (E.D. Va.

filed Dec. 3, 2007 & entered Dec. 4, 2007). 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.

AFFIRMED
BEICKERT v. PIKE, et al.

No. 34A16-1.

Supreme Court of North Carolina.

Feb. 8, 2016.

Scott M. Tyler, Charlotte, Attorney at Law, for Pike Corporation.

Glenn E. Ketner, III, Salisbury, Attorney at Law, for Pike Corporation.

Kurt F. Hausler, Charlotte, Attorney at Law, for Beickert, Edwin.

Brian D. Long, Attorney at Law, for Beickert, Edwin.

David G. Schiller, Raleigh, Attorney at Law, for Beickert, Edwin.

The following order has been entered on the motion to Dismiss Appeal filed on the 5th of February 2016 by Plaintiff:

> "Motion Denied by order of the Court in conference, this the 8th of February 2016."
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18506]



[[Page 54902]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Availability of Commercial Fishing Seat for the Flower Garden 
Banks National Marine Sanctuary Advisory Council

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration, 
Department of Commerce (DOC).

ACTION: Notice and request for applications.

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

SUMMARY: The Flower Garden Banks National Marine Sanctuary (FGBNMS or 
Sanctuary) is seeking applicants for the Commercial Fishing seat on its 
Sanctuary Advisory Council (Council). The Applicant will be selected 
based upon his or her particular expertise and experience in relation 
to the seat for which he or she is applying; community and professional 
affiliations; philosophy regarding the protection and management of 
marine resources; and possibly the length of residence in the area 
affected by the Sanctuary. The Applicant chosen as a member should 
expect to serve a 2-year term, pursuant to the Council's Charter.

DATES: Applications are due by October 11, 2005.

ADDRESSES: Application kits may be obtained from Jennifer Morgan at 
Flower Garden Banks National Marine Sanctuary, 1200 Briarcrest, Suite 
4000, Bryan, Texas 77802. Completed applications should be sent to the 
same address.

FOR FURTHER INFORMATION CONTACT: Jennifer Morgan, 1200 Briarcrest, 
Suite 4000, Bryan, Texas 77802, 979-846-5942, <a href="/cdn-cgi/l/email-protection#d19bb4bfbfb8b7b4a3ff9cbea3b6b0bf91bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="d298b7bcbcbbb4b7a0fc9fbda0b5b3bc92bcbdb3b3fcb5bda4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Located in the northwestern Gulf of Mexico, 
the Flower Garden Banks National Marine Sanctuary includes three 
separate areas, known as East Flower Garden, West Flower Garden, and 
Stetson Banks. The Sanctuary was designated on January 17, 1992. 
Stetson Bank was added to the Sanctuary in 1996. The Sanctuary Advisory 
Council will consist of no more than 11 members; 8 non-governmental 
voting members and 3 governmental non-voting members. The Council may 
serve as a forum for consultation and deliberation among its members 
and as a source of advice to the Sanctuary manager regarding the 
management of the Flower Garden Banks National Marine Sanctuary.

    Authority: 16 U.S.C. Sections 1431, et seq.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: September 9, 2005.
Daniel J. Basta,
Director, National Marine Sanctuary Program, National Ocean Services, 
National Oceanic and Atmospheric Administration.
[FR Doc. 05-18506 Filed 9-16-05; 8:45 am]
BILLING CODE 3510-NK-M


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State of North Carolina v. Reid Wilburn McLaughlin

No. 137P16

Supreme Court of North Carolina.

June 9, 2016

Ms. Marilyn G. Ozer, Attorney at Law, For McLaughlin, Reid Wilburn

Ms. Anne M. Middleton, Special Deputy Attorney General, Ms. Mary Carla Babb, Assistant Attorney General, Ms. Roxann L. Vaneekhoven, District Attorney, For State of North Carolina

**ORDER**

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 18th of April 2016 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is *30"Allowed by order of the Court in conference, this the 9th of June 2016."

Upon consideration of the petition filed on the 18th of April 2016 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 9th of June 2016."