alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

659 

KA 10-01622 

PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V ORDER

RAY D. POTTER, DEFENDANT-APPELLANT.

 

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (MARY-JEAN BOWMAN OF

COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. VIOLANTE, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Niagara County Court (Matthew J.

Murphy, III, J.), rendered July 12, 2010. The judgment convicted

defendant, upon his plea of guilty, of attempted sexual abuse in the

first degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed (see People v Lococo, 92 NY2d 825, 827). 

Entered: June 10, 2011 Patricia L. Morgan

Clerk of the Court
#### UNITED STATES of America, Plaintiff-Appellee, v. Orlando ESTRADA-ALCALA, Defendant-Appellant.

No. 04-50873.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided April 20, 2005.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, Federal Public Defender’s Office, San Antonio, TX, for Defendanb-Appellant.

Before SMITH, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Orlando Estrada-Alcala raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Exhibit 32.1


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 the X-Change Corporation (the “Company”)
on Form 10-Q for the period ending September 30, 2008, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Chief
Executive 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, to the best of my knowledge and belief:





(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/
      Kathleen HanafanKathleen
      HanafanChief
      Executive Officer





November
12, 2008





A signed
original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
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.
The foregoing certifications are accompanying the Company’s Form 10-Q solely
pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States
Code) and is not being filed as part of the Form 10-Q or as a separate
disclosure document.
Case 7:07-cr-00337-GAY Document 3 Filed 07/26/2007 Page 1 of 6
Case 7:07-cr-00337-GAY Document 3 Filed 07/26/2007 Page 2 of 6
Case 7:07-cr-00337-GAY Document 3 Filed 07/26/2007 Page 3 of 6
Case 7:07-cr-00337-GAY Document 3 Filed 07/26/2007 Page 4 of 6
Case 7:07-cr-00337-GAY Document 3 Filed 07/26/2007 Page 5 of 6
Case 7:07-cr-00337-GAY Document 3 Filed 07/26/2007 Page 6 of 6
1 The Honorable Jean C. Hamilton, Chief Judge, United States District Court for the Eastern District of Missouri. ___________ No. 95-2146

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Sherman Burks, * [UNPUBLISHED] * Appellant. *

___________ Submitted: December 29, 1995 Filed: January 19, 1996

___________ Before WOLLMAN, MAGILL, and HANSEN, Circuit Judges.

___________ PER CURIAM. Sherman Burks, an African-American, appeals the 97-month sentence imposed by the district court 1 after he pleaded guilty to distributing cocaine base (crack), in violation of 21 U.S.C. § 841(a)(1). We affirm.
Following the preparation of his presentence report, Burks objected to his offense-level calculation. Burks contended that no scientific difference existed between crack cocaine and powder cocaine, and that the penalty provisions set forth in 21 U.S.C. § 841(b) were thus void for vagueness or rendered inapplicable by operation of the rule of lenity. He also argued that Congress enacted section 841(b) in an arbitrary and irrational manner,-2- resulting in a disparate impact upon African-Americans in violation of his due process and equal protection rights.

Burks relied on United States v. Davis , 864 F. Supp. 1303 (N.D. Ga. 1994), appeal pending(No. 95-8057 11th Cir.), in which the district court, after an evidentiary hearing, held that the terms "cocaine" and "cocaine base" were synonymous; that the penalty provisions of section 841(b) set forth a scientifically meaningless distinction between cocaine and cocaine base; and that the heightened penalties for cocaine base must be ignored by operation of the rule of lenity. 864 F. Supp. at 1309. In support, Burks submitted copies of the Davis court records-- including Davis's memorandum of law, the hearing transcript, and the district court's decision.
In addition, Burks sought a downward departure under 18 U.S.C. § 3553(b) and U.S.S.G. § 5K2.0, based on the United States Sentencing Commission's February 1995 report concluding that the 100-to-1 ratio between the penalties for crack cocaine and powder cocaine was not justified, and a proposed Guidelines amendment-- which would have eliminated the 100-to-1 ratio--forwarded by the Commission to Congress for its consideration. Burks renews his claims on appeal.
We conclude Burks's void-for-vagueness and rule-of-lenity arguments are foreclosed by our decision in United States v. Jackson , 64 F.3d 1213, 1219-20 (8th Cir. 1995); his due process and equal protection arguments are foreclosed by our decision in United States v. Jackson , 67 F.3d 1359, 1367 (8th Cir. 1995); and his downward-departure argument is foreclosed by our decision in United States v. Higgs , No. 95-1928, slip op. at 2, 1995 WL 716193 (8th Cir. Nov. 9, 1995) (per curiam).
Accordingly, the judgment of the district court is affirmed.-3- A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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<TABLE> <S> <C>


<ARTICLE>                                           UT
<LEGEND>
THIS SCHEDULE CONTAINS  FINANCIAL  INFORMATION  EXTRACTED FROM THE JUNE 30, 1999
FINANCIAL  STATEMENTS  INCLUDED  IN  ALLIANT  CORPORATION'S  FORM  10-Q  AND  IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000352541
<NAME>                        ALLIANT ENERGY CORPORATION
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   JUN-30-1999
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      3,076,714
<OTHER-PROPERTY-AND-INVEST>                    1,323,853
<TOTAL-CURRENT-ASSETS>                         338,166
<TOTAL-DEFERRED-CHARGES>                       166,317
<OTHER-ASSETS>                                 272,086
<TOTAL-ASSETS>                                 5,177,136
<COMMON>                                       784
<CAPITAL-SURPLUS-PAID-IN>                      926,242
<RETAINED-EARNINGS>                            840,382      <F1>
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 1,767,408
<PREFERRED-MANDATORY>                          24,466
<PREFERRED>                                    89,102
<LONG-TERM-DEBT-NET>                           1,514,498
<SHORT-TERM-NOTES>                             50,024
<LONG-TERM-NOTES-PAYABLE>                      56,975
<COMMERCIAL-PAPER-OBLIGATIONS>                 125,500
<LONG-TERM-DEBT-CURRENT-PORT>                  53,740
<PREFERRED-STOCK-CURRENT>                      0
<CAPITAL-LEASE-OBLIGATIONS>                    25,611
<LEASES-CURRENT>                               12,277
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 1,457,535
<TOT-CAPITALIZATION-AND-LIAB>                  5,177,136
<GROSS-OPERATING-REVENUE>                      1,032,969
<INCOME-TAX-EXPENSE>                           49,039       <F2>
<OTHER-OPERATING-EXPENSES>                     897,724
<TOTAL-OPERATING-EXPENSES>                     897,724      <F2>
<OPERATING-INCOME-LOSS>                        153,245
<OTHER-INCOME-NET>                             47,550
<INCOME-BEFORE-INTEREST-EXPEN>                 200,795
<TOTAL-INTEREST-EXPENSE>                       68,114
<NET-INCOME>                                   83,642
<PREFERRED-STOCK-DIVIDENDS>                    3,353
<EARNINGS-AVAILABLE-FOR-COMM>                  80,289
<COMMON-STOCK-DIVIDENDS>                       77,892
<TOTAL-INTEREST-ON-BONDS>                      90,708
<CASH-FLOW-OPERATIONS>                         203,774
<EPS-BASIC>                                  1.03
<EPS-DILUTED>                                  1.03

<FN>
<F1> Includes $300,613 of Accumulated Other Comprehensive Income

<F2> Income tax expense is not included in Operating Expense in the Consolidated
     Statements of Income.
</FN>



</TABLE>
EXHIBIT 10.25

NONQUALIFIED STOCK OPTION AGREEMENT
BETWEEN JOHN SAYER AND
OXBORO MEDICAL INTERNATIONAL, INC.

THIS AGREEMENT is made effective as of the 20th day of April, 1999, between Oxboro Medical International, Inc., a Minnesota corporation (the
"Company"), and John E. Sayer (the "Optionee") on the terms and conditions set forth below.

WHEREAS,
the Board of Directors of the Company has decided to permit Nonqualified Stock Options to be granted to certain individuals providing valuable services to the Company, and
any subsidiaries of the Company, to purchase common stock of the Company; and

WHEREAS,
the Company desires the Optionee to secure stock ownership in the Company in order to increase effectiveness and personal interest in the Company;

NOW
THEREFORE, in consideration of the promises and of the covenants and agreements set forth below, it is mutually agreed as follows:







Notice of Exercise of Nonqualified Stock Options

Oxboro
Medical International, Inc. 
13828 Lincoln Street NE 
Ham Lake, MN 55304

Ladies
and Gentlemen:

The
undersigned is the holder of a nonqualified stock option (the "Option") to purchase shares of the common stock ("Stock") of Oxboro Medical International, Inc. (the
"Company"), pursuant to the Nonqualified Stock Option Agreement between            and Oxboro Medical International, Inc., effective as of       
     , 1999. The undersigned
hereby irrevocably elects to exercise the Option to purchase            shares of Stock ("Option Shares"). Enclosed herewith is payment for the Option Shares as required under the Agreement.
The undersigned requests that the certificate representing the Option Shares be issued in the name of the undersigned and delivered to the address set forth below within five (5) business days.

In
connection with the issuance of the Option Shares to the undersigned, the undersigned hereby certifies and represents to the Company that the undersigned is acquiring such shares
for the purpose of investment and not with a view toward distribution. The undersigned understands that these securities have not been registered either under any applicable federal law and rules or
applicable state law and rules and that resale will not be permitted under state law unless the securities are first registered or the sale is a transaction exempt from registration under the
applicable state securities law.

The
undersigned further understands that no sale, offer to sell, or transfer of the Option Shares shall be made unless a registration statement under the federal Securities Act of
1933, as amended (the "Act"), with respect to the Option Shares is then in effect or an exemption from the registration requirements of the Act is then in fact applicable to the Option Shares. The
undersigned understands that a legend reciting this investment restriction shall be placed on any stock certificate that may be issued to the undersigned.

---

Optionee

---

---

---

Address

---

Social Security Number

|Dated: |  |  |  | 
|------ |  |  |  | 
|       |  |  |  |
Exhibit 32.1

Certification of CEO and CFO 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 on Form 10-Q of Great Plains Energy Incorporated (the "Company") for the quarterly period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Michael J. Chesser, as Chairman of the Board and Chief Executive Officer of the Company, and Andrea F. Bielsker, as Senior Vice President - Finance, Chief Financial Officer and Treasurer of the Company, each hereby certifies, 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 his or her knowledge:

(1)       The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

|             | /s/Michael J. Chesser                                                                      
|------------ | -------------------------------------------------------------------------------------------
|             |                                                                                            
|Name:
Title: | Michael J. Chesser
Chairman of the Board and Chief
Executive Officer                       
|Date:        | May 7, 2004                                                                                
|             |                                                                                            
|             | /s/Andrea F. Bielsker                                                                      
|             |                                                                                            
|Name:
Title: | Andrea F. Bielsker 
Senior Vice President - Finance, Chief Financial 
Officer and Treasurer
|Date:        | May 7, 2004                                                                                

This certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document. This certification shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to liability under that section. This certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934 except to the extent this Exhibit 32.1 is expressly and specifically incorporated by reference in any such filing.

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Great Plains Energy Incorporated and will be retained by Great Plains Energy Incorporated and furnished to the Securities and Exchange Commission or its staff upon request.
Order entered March 6 , 2014

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 0152 9
- CR THE STATE OF TEXAS, Appellant

V. JOSUE DUARTE , Appellee On Appeal from the 204th Judicial District Court

Dallas County, Texas Trial Court Caus e No. F13
- 1001 8
- Q



### O RDER On February 17, 2014, we received the clerk’s record in this appeal. The record does not contain a copy of the trial court’s written order granting appellee’s motion to suppress, which is the subject of this State’s appeal.
Accord ingly, this Court ORDERS the trial court to prepare a written order memorializing the court’s ruling on appellee’s motion to suppress and to file a supplemental record containing the order within TWENTY
- ONE DAYS of the date of this order. The State’s brief is due within SIXTY DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Lena Levario, Presiding Judge, 204th Judicial District Court; Monica Davis, Court Coordinator, 204th Judicia l District Court; Cynthia Bailey, Chief Clerk, 204th Judicial DistrictCourt; Gary Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s

Office, Criminal Records Division; and to counsel for all parties.

/s/ LANA MYERS JUSTICE
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