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

106TH CONGRESS

1ST SESSION S. 1700

To amend the Federal Rules of Criminal Procedure to allow a defendant

to make a motion for forensic testing not available at trial regarding

actual innocence.

IN THE SENATE OF THE UNITED STATES

OCTOBER 6, 1999

Mr. DURBIN introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend the Federal Rules of Criminal Procedure to allow

a defendant to make a motion for forensic testing not

available at trial regarding actual innocence.

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 Right to Use Tech5 nology in the Hunt for Truth Act’’ or ‘‘TRUTH Act’’.
2

•S 1700 IS

1 SEC. 2. MOTION FOR FORENSIC TESTING NOT AVAILABLE

2 AT TRIAL REGARDING ACTUAL INNOCENCE.

3 (a) IN GENERAL.—The Federal Rules of Criminal

4 Procedure are amended by inserting after rule 33 the fol5 lowing:

6 ‘‘Rule 33.1. Motion for forensic testing not available

7 at trial regarding actual innocence

8 ‘‘(a) MOTION BY DEFENDANT.—A court on a motion

9 of a defendant may order the performance of forensic

10 DNA testing on evidence that was secured in relation to

11 the trial of that defendant which resulted in the defend12 ant’s conviction, but which was not subject to the testing

13 which is now requested because the technology for the

14 testing was not available at the time of trial. Reasonable

15 notice of the motion shall be served upon the Government.

16 ‘‘(b) PRIMA FACIE CASE.—The defendant shall

17 present a prima facie case that—

18 ‘‘(1) identity was an issue in the trial which re19 sulted in the conviction of the defendant; and

20 ‘‘(2) the evidence to be tested has been subject

21 to a chain of custody sufficient to establish that the

22 evidence has not been substituted, tampered with,

23 replaced, or altered in any material aspect.

24 ‘‘(c) DETERMINATION OF THE COURT.—The court

25 shall allow the testing under reasonable conditions de26 signed to protect the interests of the Government in the
3

•S 1700 IS

1 evidence and the testing process upon a determination

2 that—

3 ‘‘(1) the result of the testing has the scientific

4 potential to produce new, noncumulative evidence

5 materially relevant to the defendant’s assertion of

6 actual innocence; and

7 ‘‘(2) the testing requested employs a scientific

8 method generally accepted within the relevant sci9 entific community.’’.

10 (b) TABLE OF CONTENTS.—The table of contents for

11 the Federal Rules of Criminal Procedure are amended by

12 adding after the item for rule 33 the following:

‘‘33.1. Motion for forensic testing not available at trial regarding actual innocence.’’.

Æ
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-40816

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSÉ SANTOS-JIMENEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-00-CR-161-1

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

February 15, 2001

Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

José Santos-Jimenez appeals the sentence he received after

he pleaded guilty to illegally reentering the United States after

deportation in violation of 8 U.S.C. § 1326. His argument that

his prior felony conviction is an element of the offense, rather

than a sentencing factor, is foreclosed by Almendarez-Torres v.

United States, 523 U.S. 224, 235 (1998). He concedes as much,

but he raises the issue to preserve it for possible review by the

Supreme Court. Accordingly, we AFFIRM the judgment of the

district court.
**Exhibit
31.2**
 
 ****CERTIFICATION
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002****
 I,
Bonnie L. Kuhn, certify that:
 
 1.
    I
      have reviewed this annual report on Form 10-KSB of Minera Andes Inc.;
 
 2.
    Based
      on my knowledge, this annual 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 annualreport;
 
 3.
    Based
      on my knowledge, the financial statements, and other financial information
      included in this annual 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 annual
      report;
 
 4.
    The
      registrant’s other certifying officers and I are responsible for
      establishing and maintaining disclosure controls and procedures (as
      defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we
      have:
 
 a.
    designed
      such disclosure controls and procedures 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 annual report is being
      prepared;
 
 b.
    evaluated
      the effectiveness of the registrant’s disclosure controls and procedures
      as of the end of the period covered by this annual report;
      and
 
 c.
    presented
      in this annual report our conclusions about the effectiveness of
      the disclosure controls and procedures based on our evaluation as of the
      end of the period covered by this annual
report;
 
  5.
    The
      registrant’s other certifying officers and I have disclosed, based on our
      most recent evaluation, to the registrant’s auditors and the audit
      committee of registrant’s board of directors (or persons performing the
      equivalent function):
 
 a.
    all
      significant deficiencies in the design or operation of internal controls
      which could adversely affect the registrant’s ability to record, process,
      summarize and report financial data and have identified for the
      registrant’s auditors any material weaknesses in internal controls; and
 
 b.
    any
      fraud, whether or not material, that involves management or other
      employees who have a significant role in the registrant’s internal
      controls; and
 
 6.
    The
      registrant’s other certifying officers and I have indicated in this
      annual report whether there were significant changes in internal
      controls or in other factors that could significantly affect internal
      controls subsequent to the date of our most recent evaluation, including
      any corrective actions with regard to significant deficiencies and
      material weaknesses.
 
 Date: August
3, 2005   By: /s/Bonnie
L. Kuhn
 Bonnie
      L. Kuhn
 Chief
      Financial Officer and Secretary
<PAGE>

                                                                    EXHIBIT 4.07

                                 AMENDMENT TO
                             AMENDED AND RESTATED
                           1997 STOCK INCENTIVE PLAN
                            OF CENDANT CORPORATION


The Amended and Restated 1997 Stock Incentive Plan of Cendant Corporation (the
"Plan") is hereby amended as follows:


1. The first sentence of Section 3 of the Plan is hereby amended and restated to
   read, in its entirety, as follows:

               The total number of shares of Common Stock reserved and available
               for grant under the Plan shall be [forty] million [(40,000,000)].

2. Ratification. Except as expressly set forth in this Amendment, the Plan is
   hereby ratified and confirmed without modification.

3. Effective Date. This Amendment shall be effective as of March 27, 200O.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES OXLEY ACT 2002**

This certification is not to be deemed filed pursuantto the Securities Exchange Act of 1934, as amended, and does not constitute apart of the Annual Report of UTStarcom, Inc. (the “Company”) on Form 10-Kfor the period ending December 31, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”).

In connection withthe Report, we, Hong Liang Lu and Michael J. Sophie, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the SarbanesOxley Act of 2002, that:

(1)         The Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)         Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Dated: April 15, 2005 |
|-----------------------|
| By:                   | /s/ HONG LIANG LU |   |
|                  | Name: Hong Liang Lu |
|                  | Title: *President and Chief  Executive Officer* |
| By:                   | /s/ MICHAEL J. SOPHIE |   |
|                  | Name: Michael J. Sophie |
|                  | Title: *Senior Vice President of  Finance and Chief Financial Officer* |

 

----
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1763

  To amend the Solid Waste Disposal Act to reauthorize the Office of 
    Ombudsman of the Environmental Protection Agency, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 21, 1999

  Mr. Allard introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To amend the Solid Waste Disposal Act to reauthorize the Office of 
    Ombudsman of the Environmental Protection Agency, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ombudsman Reauthorization Act of 
1999''.

SEC. 2. REAUTHORIZATION AND RESTRUCTURING OF OFFICE OF OMBUDSMAN.

    (a) In General.--Section 2008(d) of the Solid Waste Disposal Act 
(42 U.S.C. 6917(d)) is amended by striking ``4 years after the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984'' and 
inserting ``on the date that is 10 years after the date of enactment of 
the Ombudsman Reauthorization Act of 1999''.
    (b) Report to Congress.--
            (1) In general.--The Ombudsman of the Office of Ombudsman 
        of the Environmental Protection Agency under section 2008 of 
        the Solid Waste Disposal Act (42 U.S.C. 6917) shall submit to 
        Congress a report on the status of health and environmental 
        concerns addressed by cases brought before the Ombudsman.
            (2) Recommendations.--The report under paragraph (1) shall 
        include recommendations for improvements to the hazardous waste 
        programs for which the Environmental Protection Agency and, to 
        the extent appropriate, the Agency for Toxic Substances and 
        Disease Registry, are responsible.
    (c) Structure.--The Administrator of the Environmental Protection 
Agency shall facilitate, to the maximum extent practicable, the 
structuring of the Office of Ombudsman to conform to the structure 
reflected in the Model Ombudsman Statute of the American Bar 
Association.
                                 <all>
```
<PAGE>

                                                                    Exhibit 10.5

                             AMENDMENT NUMBER ONE
                                    TO THE
                          GEORGIA-PACIFIC CORPORATION
                         ECONOMIC VALUE INCENTIVE PLAN
(As Amended and Restated by Action of the Compensation Committee on January 29,
2001)


     WHEREAS, pursuant to Section V of the Georgia-Pacific Corporation Economic
Value Incentive Plan ("Plan") the Board of Directors of Georgia-Pacific
Corporation ("Corporation"), by action of the Compensation Committee, has
reserved the right to amend the Plan at any time; and

     WHEREAS, the Compensation Committee approved the adoption of this Amendment
Number One at its February 15, 2001 meeting;

     NOW THEREFORE, the Plan is amended effective as of January 29, 2001, as
follows:

     1.  Subsection 11 of Section I of the Plan (the definition of
"Discretionary Bonus Limit") is amended to substitute "125% of the Participant's
Base Salary" for "100% of the Participant's Base Salary" wherever such phrase
appears in such subsection and to substitute "220% of the CEO's Base Salary" for
"200% of the CEO's Base Salary" wherever such phrase appears in such subsection.

     2.  Subsection 21(i)(B) of Section I of the Plan (the definition of
"Quantitative Bonus Limit") is amended to substitute "125% of the Participant's
Base Salary" for "100% of the Participant's Base Salary" wherever such phrase
appears in such subsection and Subsection 21(ii)(B) is amended to substitute
"220% of the CEO's Base Salary" for "200% of the CEO's Base Salary" wherever
such phrase appears in such subsection.
```

[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Page 3236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1036]

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

FEDERAL RESERVE SYSTEM

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Board of Governors of the Federal Reserve 
System.

TIME AND DATE: 12 p.m., Monday, January 25, 2010.

PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C 
Streets, N.W., Washington, D.C. 20551.

STATUS: Closed.

MATTERS TO BE CONSIDERED:
    1. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal Reserve 
System employees.
    2. Any items carried forward from a previously announced meeting.

FOR FURTHER INFORMATION CONTACT: Michelle Smith, Director, or Dave 
Skidmore, Assistant to the Board, Office of Board Members at 202-452-
2955.

SUPPLEMENTARY INFORMATION: You may call 202-452-3206 beginning at 
approximately 5 p.m. two business days before the meeting for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting; or you may contact the Board's Web site at 
http://www.federalreserve.gov for an electronic announcement that not 
only lists applications, but also indicates procedural and other 
information about the meeting.

    Board of Governors of the Federal Reserve System, January 15, 
2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010-1036 Filed 1-15-10; 11:15 am]
BILLING CODE 6210-01-S
```
S. 1595

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

To designate the United States courthouse at 401 West Washington Street in

Phoenix, Arizona, as the ‘‘Sandra Day O’Connor United States Courthouse’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION OF SANDRA DAY O’CONNOR UNITED STATES

COURTHOUSE.

The United States courthouse at 401 West Washington Street

in Phoenix, Arizona, shall be known and designated as the ‘‘Sandra

Day O’Connor United States Courthouse’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the United States courthouse

referred to in section 1 shall be deemed to be a reference to the

‘‘Sandra Day O’Connor United States Courthouse’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Page 24702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10749]


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

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD


Sunshine Act; Notice of Meeting

Time and Date: May 17, 2010 9 a.m. (Eastern Time).

Place: 4th Floor Conference Room, 1250 H Street, NW., Washington, DC 
20005.

Status: Parts will be open to the public and parts closed to the 
public.

Matters To Be Considered: 

Parts Open to the Public

    1. Approval of the minutes of the April 19, 2010 Board member 
meeting.
    2. Thrift Savings Plan activity report by the Executive Director:
    a. Monthly Participant Activity Report;
    b. Monthly Investment Performance Review;
    c. Legislative Report.
    3. Mid-Year Budget Review.
    4. Recognition of Outstanding Service by Board Members Fink and 
Whiting.

Parts Closed to the Public

    5. Proprietary Data.

FOR FURTHER INFORMATION CONTACT: Thomas J. Trabucco, Director, Office 
of External Affairs, (202) 942-1640.

    Dated: May 3, 2010.
Thomas K. Emswiler,
Secretary, Federal Retirement Thrift Investment Board.
[FR Doc. 2010-10749 Filed 5-3-10; 4:15 pm]
BILLING CODE 6760-01-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-02-1998
<PERIOD-END>                               OCT-03-1997
<CASH>                                       2,208,000
<SECURITIES>                                         0
<RECEIVABLES>                               21,472,000
<ALLOWANCES>                                 1,912,000
<INVENTORY>                                 20,199,000
<CURRENT-ASSETS>                            66,436,000
<PP&E>                                      42,744,000
<DEPRECIATION>                              20,253,000
<TOTAL-ASSETS>                             143,218,000
<CURRENT-LIABILITIES>                       28,101,000
<BONDS>                                     11,330,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     8,985,000
<OTHER-SE>                                  86,918,000
<TOTAL-LIABILITY-AND-EQUITY>                95,903,000
<SALES>                                     77,296,000
<TOTAL-REVENUES>                            77,369,000
<CGS>                                       48,402,000
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            39,629,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,526,000
<INCOME-PRETAX>                           (12,188,000)
<INCOME-TAX>                               (2,218,000)
<INCOME-CONTINUING>                        (9,970,000)
<DISCONTINUED>                              10,075,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   105,000
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25318-25319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10741]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 4 Taxpayer Advocacy Panel (Including the 
States of Illinois, Indiana, Kentucky, Michigan, Ohio, Tennessee, and 
Wisconsin)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 4 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Tuesday, June 15, 2010.

FOR FURTHER INFORMATION CONTACT: Ellen Smiley at 1-888-912-1227 or 414-
231-2360.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section

[[Page 25319]]

10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that a meeting of the Area 4 Taxpayer Advocacy Panel will be held 
Tuesday, June 15, 2010, at 1 p.m. Central Time via telephone 
conference. The public is invited to make oral comments or submit 
written statements for consideration. Due to limited conference lines, 
notification of intent to participate must be made with Ellen Smiley. 
For more information please contact Ms. Smiley at 1-888-912-1227 or 
414-231-2360, or write TAP Office Stop 1006MIL, 211 West Wisconsin 
Avenue, Milwaukee, WI 53203-2221, or post comments to the Web site: 
http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: May 3, 2010.
Shawn F. Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2010-10741 Filed 5-6-10; 8:45 am]
BILLING CODE 4830-01-P
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk September 20, 2011 

# Order

September 20, 2011

142234(51)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, SC: 142234 v COA: 293285 Macomb CC: 2009-000434-FC MAURICE ANTHONY RICHARDS, Defendant-Appellant.

___________________ ___________________

On order of the Chief Jus tice, the motion by defendant -appellant for extension to September 7, 2011 of the time for filing hi s brief on appeal is considered and it is granted.
**Exhibit 32.1**

 

**Certification Pursuant to 18 U.S.C.Section 1350, as Adopted Pursuant to**

 

**Section 906 of Sarbanes-Oxley Act of2002**

 

I, Hal M. Krisbergh, the Principal Executive Officer of WorldGateCommunications, Inc., hereby certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Form 10-K of WorldGateCommunications, Inc., for the annual period ended December 31, 2005,which this certification accompanies, fully complies with requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)) and information contained in the December 31,2005 Form 10-K fairly presents, in all material respects, the financialcondition and results of operations of WorldGate Communications, Inc.

 

A signed original of this written statement required bySection 906 has been provided to WorldGate and will be retained byWorldGate and furnished to the Securities and Exchange Commission or its staffupon request.

 
| Dated: March 31, 2006 |   |   /s/ HAL M. KRISBERGH                                               |
|-----------------------|--------|--------------------------------------------------------------------------------|
|                  |   |   Hal M. Krisbergh                                                   |
|                  |   |   Chief Executive Officer    (Principal Executive Officer) |

 

----