alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# General Pulaski Memorial Day, 2005

America's freedom has been achieved with great sacrifice. In the Revolutionary War, General Casimir Pulaski gave his life for the cause of freedom. Today, we honor his selfless contributions and heroic service.

Born in Poland, Casimir Pulaski fought Russian oppression in his homeland. In 1776, Benjamin Franklin met Pulaski in France and successfully recruited him to join the American fight for liberty. In America, Pulaski distinguished himself at the Battle of Brandywine and was commissioned as a Brigadier General by General George Washington. After raising his own legion, a special infantry and cavalry division that included many foreign-born troops, he helped defend Charleston, South Carolina, before being mortally wounded at the siege of Savannah in 1779.

General Pulaski exemplifies the spirit and determination of Polish immigrants to America, and he embodies our Nation's highest ideals. On this day, we express our gratitude for all the contributions of Polish Americans to our Nation and for the strong relationship between the United States and Poland. By honoring this lasting friendship and remembering heroes like General Pulaski, we reaffirm our commitment to advancing our country's founding ideals and carry forward our heritage of freedom.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 11, 2005, as General Pulaski Memorial Day. I encourage Americans to commemorate this occasion with appropriate programs and activities honoring Casimir Pulaski and all those who defend freedom.

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth.

[FR Doc. 05-20659

Billing code 3195-01-P
Third District Court of Appeal

State of Florida

Opinion filed September 17, 2014.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D14-1899

Lower Tribunal No. 99-5569 (A)

________________

Valation Curtis Ellis,

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, Thomas Rebull, Judge.

Valation Curtis Ellis, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before ROTHENBERG, LOGUE, and SCALES, JJ.

ROTHENBERG, J.

This is an appeal from an order summarily denying a motion filed pursuant
to Florida Rule of Criminal Procedure 3.850 which, however, should be treated as

filed pursuant to rule 3.800(a). On appeal from a summary denial, this Court must

reverse unless the postconviction record shows conclusively that the appellant is

entitled to no relief. See Fla. R. App. P. 9.141(b)(2)(D).

Because the record now before us fails to make the required showing, we

reverse the order and remand for further proceedings. If the trial court again enters

an order summarily denying the postconviction motion, the court shall attach

record excerpts conclusively showing that the appellant is not entitled to any relief.

Reversed and remanded for further proceedings.

2
Affirmed and Majority and Dissenting Opinions filed August 10, 2023.

In The



## Fourteenth Court of Appeals

NO. 14

- 22

- 00328

- CR

JOHN AUSTIN GARRETT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 506th Judicial District Court

Waller County, Texas

Trial Court Cause No. 21

- 02

- 17562

DISSENTING OPINION

This appeal is about the punishment range, specifically the minimum

sentence, either 5 or 25 years. It is not about whether appellant sexually assaulted

the complainant.

There is legally

- sufficient evidence that appellant committed aggravated

sexual assaul t, which is a felony of the first degree punishable by imprisonment for

life or for any term of not more than 99 years or less than 5 years. Tex. Penal Code

Ann. § 22.021(a)(1)(A)(B), (2)(B) (aggravated sexual assault of victim younger than2 14 years of age), (e) (first

- degree felony), § 12.32 (first degree felony punishment).

Appellant does not argue the legal insufficiency of two of the three charged acts.

The State could have charged appellant with aggravated sexual assault with

the same punis hment range as continuous sexual abuse of a young child. There was

evidence that appellant provided the complainant with alcohol during all three

charges acts. But although the State charged appellant with aggravated sexual

assault, the State did not charg e appellant with the intent of facilitating commission

of the offense, administering or providing to the complainant “any substance capable

of impairing the victim’s ability to appraise the nature of the act or to resist the act.”

Compare Tex. Penal Code Ann. § 21.02(h) (offense of continuous sexual abuse of a

young child is punishable by imprisonment for life or for any term of not more than

99 years or less than 25 years ) with Tex. Penal Code Ann. § 22.021(f)(2) (minimum

term of imprisonment for aggravated sexual assault increased to 25 years due to

Penal Code section 22.021(a)(2)(A)(vi) (with intent of facilitating commission of

offense, administers or provides to victim of offense any substance capable of

impair ing victim’s ability to appraise nature of act or to resist act)).

From the majority’s recitation of the evidence, it is clear to me there is simply

no legally

- sufficient evidence of an act of sexual abuse in December 2017. Because

I agree that issue two should be overruled, I would sustain issue one, render

judgment on the lesser

- included offense of aggravated sexual assault of a victim

younger than 14 years of age, and remand the case to the trial court for a new

puni shment hearing. See Tex. Code Crim. Proc. Ann. art. 44.25(b).3 I dissent to this court’s judgment.

/s/ Charles A. Spain

Justice

Panel consists of Chief Justice Christopher and Justices Jewell and Spain.

Publish

— Tex. R. App. P. 47.2(b).
**EXHIBIT 31.2** ****
 
 **CERTIFICATION REQUIRED BY RULE 13a-14(a) OR RULE 15d-14(a) OF THE**
 **SECURITIES EXCHANGE ACT OF 1934** ****
 
 I, Brian E. Cho, Chief Financial Officer of Wilshire Bancorp, Inc., certify that:
 
 1. I have reviewed this Quarterly Report on Form 10-Q of Wilshire Bancorp, Inc.;
 
 2. Based on my knowledge, this report 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 with respect to the period covered by this report;
 
 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
 
 4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 
 (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
 (b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
 (c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
 
 5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):
 
 (a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
 
 (b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
 
 WILSHIRE BANCORP, INC.Date: September 7, 2004
By:
/s/ Brian E. ChoBrian E. Cho
Chief Financial Officer
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
principal executive officer of Xerium Technologies, Inc. (the Company), does hereby certify that, to his knowledge:



1) the Companys Form 10-Q for the period ended September 30, 2005, 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 Companys
Form 10-Q for the period ended September 30, 2005, fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ Thomas GutierrezThomas GutierrezPresident and Chief Executive Officer(Principal Executive Officer)




Dated: November 14, 2005
#### STATE ex rel. Preston JOHNSON v. STATE of Louisiana.

No. 2002-KH-2106.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Johnson, Preston;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 401-917; to the Court of Appeal, Fourth Circuit, No. 2002-K-0750.

Denied.
**EXHIBIT 32.2**

 

**CERTIFICATION**

CERTIFICATION PURSUANT TO 18 U.S.C. Section 1350 (ADOPTED PURSUANT TO SECTION906 OF THE SARBANES-OXLEY ACT OF 2002)

            In connection with the quarterly report of eCOST.com, Inc., a Delawarecorporation, onForm 10-Q for the fiscal quarter ended September 30, 2004 as filed with the Securities and Exchange Commission (the"Report"), I, Ted Sanders, Chief Financial Officer of the Company, herebycertify as of the date hereof, solely for purposes of Title 18, Chapter 63,Section 1350 of the United States Code, that to the best of my knowledge:

                   (1)  the Report fullycomplies with the requirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934, and 

                   (2)  the informationcontained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company at the dates and for theperiods indicated.  

              This Certification has notbeen, and shall not be deemed, "filed" with the Securities and ExchangeCommission.
#### STATE OF NORTH CAROLINA v. FREDDIE LEVESTER SIMONS

No. 7218SC742

(Filed 20 December 1972)

Criminal Law § 23— plea of guilty

Defendant’s plea of guilty to armed robbery was entered freely, understandingly and voluntarily.

Appeal by defendant from *Seay, Judge,*29 May 1972 Criminal Session, Superior Court, Guilford County.

By bill of indictment, proper in form, defendant was charged with armed robbery. At trial, he entered a plea of *139guilty, and judgment was entered sentencing Mm to imprisonment for a term of 20 years. Defendant appealed, and is represented on appeal by the Assistant Public Defender for the Eighteenth Judicial District.

*Attorney General Morgan, by Assistant Attorney General Eagles, for the State.*

*Dallas C. Clark, Jr., Assistant Public Defender, Eighteenth Judicial District, for defendant appellant.*

MORRIS, Judge.

Upon defendant’s plea of guilty, the court questioned him extensively to determine whether defendant understood the charge against him; the possible penalty for the offense; whether he was then under the influence of narcotics or alcohol; and whether his plea was freely, understandingly and voluntarily given without compulsion, duress, or promise of leniency. Defendant, under oath, answered the questions and signed a transcript thereof. Thereupon, the court entered its adjudication that the plea was freely, voluntarily and understandingly entered. The transcript of plea and the adjudication of the court are made a part of the record in compliance with *Boykin v. Alabama,*395 U.S. 238, 23 L.Ed. 2d 274, 89 S.Ct. 1709 (1969).

Evidence presented tended to show that defendant entered the Diplomat Motel and inquired of the clerk whether a certain person was registered there. While the clerk turned to check his files, defendant put a nylon stocking on his head. When the clerk turned back to give the information requested, defendant pointed a pistol at him, handed him a bag and demanded that the clerk fill it with money. The clerk complied and was then told to lie on the floor for 10 minutes and that if he didn’t “he was dead.” The clerk had seen defendant pull into a parking lot near the motel. After defendant left, the clerk called the police and gave a description of the car and the robber. The officers stopped the car on Highway 29 North and observed a weapon partially concealed under the seat and also a piece of nylon hose in the car. This was a portion of a stocking 11 to 12 inches in length and knotted at one end. The description of the driver fitted the description of the robber given by the motel clerk.

Character witnesses for defendant testified that he had never been known to be in trouble until he “got into the drug *140problem at A & T University.” This is apparently another of the increasing incidents of crimes committed in order to purchase drugs. However unfortunate defendant’s position may be, we find no error in the proceedings resulting in his imprisonment. The indictment is valid, his plea was voluntary, and the sentence imposed is considerably less than the statutory maximum.

No error.

Chief Judge Mallard and Judge Hedrick concur.
##### 



Exhibit 10.11
 AMENDMENT NUMBER ONE
to the
Amended and Restated Guaranty
Dated as of October 1, 2004
by and between
NEW CENTURY FINANCIAL CORPORATION
and
CITIGROUP GLOBAL MARKETS REALTY CORP.
 Amendment Number
One Guarantor Lender Guaranty
 RECITALS
 WHEREAS,
 WHEREAS,
 NOW THEREFORE,
 SECTION 1.
   Maintenance of Tangible Net Worth
 Maintenance of Ratio of Total Indebtedness to Tangible Net
Worth




---



##### 



Liquidity
 REIT Status
  Right of Set-off provided
  Governing Law
 SECTION 2. Representations .
 SECTION 3. Defined Terms .
 SECTION 4. Limited Effect .
 2




---



##### 



SECTION 5. Governing Law .
 SECTION 6. Counterparts .
  3




---



##### 



NEW CENTURY FINANCIAL CORPORATION
(Guarantor)By:
    
    /s/ Brad A. MorriceName:
    
    Brad A. MorriceTitle:
    
    President and Chief Executive OfficerBy:
    
    /s/ Kevin CloydName:
    
    Kevin CloydTitle:
    
    Executive Vice President
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4903 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4903

       To repeal the Patient Protection and Affordable Care Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2010

Mrs. Bachmann (for herself, Mr. Burton of Indiana, Mr. Souder, Mr. Hall 
of Texas, Mr. Issa, Mr. Kingston, Mr. Johnson of Illinois, Mr. Inglis, 
Mr. Duncan, Mr. Tiahrt, Mr. Latta, and Mr. King of Iowa) introduced the 
   following bill; which was referred to the Committee on Energy and 
    Commerce, and in addition to the Committees on Ways and Means, 
     Education and Labor, the Judiciary, Natural Resources, House 
     Administration, Appropriations, and Rules, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
       To repeal the Patient Protection and Affordable Care Act.

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

SECTION 1. REPEAL OF PPACA.

    Effective as of the enactment of the Patient Protection and 
Affordable Care Act, such Act is repealed, and the provisions of law 
amended or repealed by such Act are restored or revived as if such Act 
had not been enacted.
                                 <all>
```
EXHIBIT 31.2



CERTIFICATION



I, Elizabeth Murray, certify that:



1. I have reviewed this quarterly report on Form 10-Q of eCOST.com, Inc.;



2. Based on my knowledge, this report 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 with respect to the period covered by thisreport;



3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a) designed such
disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is being prepared;



b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end
of the period covered by this report based on such evaluation; and



c)
disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the
registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.



|                   |  |                        
|------------------ |  | -----------------------
|Date: May 12, 2005 |  | /s/  Elizabeth Murray  
|                   |  | Elizabeth Murray       
|                   |  | Chief Financial Officer
[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Proposed Rules]
[Page 60770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20700]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 389

[Docket No. MARAD-2005-22050]
RIN 2133-AB67


Determination of Availability of Coastwise-Qualified Launch 
Barges

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of reopening and extension of comment period.

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

SUMMARY: The Maritime Administration is hereby giving notice that the 
closing date for filing comments on the Determination of Availability 
of Coastwise-Qualified Launch Barges Notice of Proposed Rulemaking 
(NPRM) (Docket No. MARAD 2005-22050) has been extended to the close of 
business (5 p.m. EST) on December 13, 2005.

DATES: The comment date of the NPRM published in the Federal Register 
on August 15, 2005 (70 FR 47771) is extended from October 14, 2005, to 
December 13, 2005.

(Authority: 49 CFR 1.66)

    Dated: October 12, 2005.

    By order of the Maritime Administrator.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 05-20700 Filed 10-18-05; 8:45 am]
BILLING CODE 4910-81-P
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

142 

CA 10-02061 

PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ. 

 

RUSSELL YOUKER, PLAINTIFF-RESPONDENT, 

ET AL., PLAINTIFF, 

V ORDER

VILLAGE OF DOLGEVILLE, ET AL., DEFENDANTS, 

MICHAEL SWARTZ AND FRANK BEAULIEU, 

DEFENDANTS-APPELLANTS.

(ACTION NO. 1.) 

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

VILLAGE OF DOLGEVILLE, PLAINTIFF,

V

THE NEW YORK MUNICIPAL INSURANCE

RECIPROCAL, DEFENDANT.

(ACTION NO. 2.)

(APPEAL NO. 1.)

 

TOWNE, RYAN & PARTNERS, P.C., ALBANY (CLAUDIA A. RYAN OF COUNSEL), FOR

DEFENDANT-APPELLANT MICHAEL SWARTZ.

FITZGERALD MORRIS BAKER FIRTH P.C., GLENS FALLS (JILL E. O’SULLIVAN OF

COUNSEL), FOR DEFENDANT-APPELLANT FRANK BEAULIEU. 

CHRISTOPHER J. PELLI, UTICA, FOR PLAINTIFF-RESPONDENT.

MCLANE SMITH AND LASCURETTES, LLP, UTICA (TODD M. LASCURETTES OF

COUNSEL), FOR PLAINTIFF VILLAGE OF DOLGEVILLE.

CONGDON FLAHERTY O’CALLAGHAN REID DONLON TRAVIS & FISHLINGER,

UNIONDALE (RICHARD NICOLELLO OF COUNSEL), FOR DEFENDANT THE NEW YORK

MUNICIPAL INSURANCE RECIPROCAL.

Appeals from an order of the Supreme Court, Herkimer County

(Anthony F. Shaheen, J.), entered August 26, 2010. The order, among

other things, denied in part the motions of defendants Michael Swartz

and Frank Beaulieu for summary judgment. 

Now, upon reading and filing the stipulation of withdrawal signed

by the attorneys for the parties on February 3, 26 and 29, 2012 and

March 5 and 7, 2012,

It is hereby ORDERED that said appeals are dismissed without
-2- 142 

CA 10-02061 

costs upon stipulation.

All concur except GORSKI, J., who is not participating.

Entered: March 16, 2012 Frances E. Cafarell

Clerk of the Court