alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
766 P.2d 1279

#### STATE of Idaho, Plaintiff-Respondent, v. Joseph W. PHILLIPS, Defendant-Appellant.

No. 17458.

Court of Appeals of Idaho.

Dec. 30, 1988.

*399Alan E. Trimming, Ada County Public Defender, Timothy L. Hansen, Ada County Deputy Public Defender, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., for plaintiff-respondent.

PER CURIAM.

Joseph Phillips appeals from a judgment imposing concurrent, indeterminate five-year terms for two felony charges of grand theft by receiving stolen property. The sole issue presented on appeal is whether the district court abused its sentencing discretion. We hold that the sentences are not excessive and we affirm the judgment of conviction.

Pursuant to a plea bargain by which the state moved to dismiss ten pending felony charges, Phillips pled guilty to two counts of grand theft by receiving stolen property. These charges arose out of a series of burglaries of several Boise businesses. Phillips initially was linked to the crimes by his operation of a janitorial service in several businesses adjacent to those which had been burglarized. Property stolen from various places was found in a search of Phillips’ residence. The presentence investigation report showed that Phillips had a prior criminal record including one felony, for grand theft, and several offenses involving narcotics. At the time of Phillips’ arrest, he was on parole for the offense of delivery of a controlled substance.

We note that Phillips’ charges arose before the enactment of the Unified Sentencing Act, I.C. § 19-2513. In the plea bargain the state agreed to recommend concurrent, indeterminate sentences on each count not to exceed five years. Although the district judge noted circumstances which would justify a higher sentence, the court agreed to conform the sentence to the state’s recommendation. Having reviewed the full record and having considered the sentencing criteria set forth in *State v. Toohill,*103 Idaho 565, 650 P.2d 707 (Ct.App.1982), we conclude that the district court did not abuse its discretion by imposing the sentences. The judgment is affirmed.
**Exhibit      32.1**

CERTIFICATION      PURSUANT TO 

18      U.S.C. §1350, 

AS      ADOPTED PURSUANT TO 

SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002 

        In      connection with this      Interim Report on Form 10-Q of Technology Research Corporation      (the“Company”) for the quarter ended June 30, 2005, as filed with the      Securities and Exchange Commission on the date hereof (the “Report”), the      undersigned President and Chief Executive Officer certify, pursuant to 18 U.S.C.      §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 the Report fairly presents, in all                material respects, the financial condition and results of operations                of                the Company. |
|   |
|   |

|                             Date:  August 15,              2005 | /s/ Robert              S. Wiggins                                                |
|------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|
|                                                                                                                                                 | Robert S.              Wiggins                                                    |
|                                                                                                                                                 | Chairman              of the Board, President and Chief Executive              Officer |
|                                                                                                                                                 |
|                                                                                                                                                 |
|                                                                                                                                                 |
|                                                                                                                                                 |

*A      signed original of this written statement required by Section 906      has been provided to Technology Research Corporation and will be retained      by Technology Research Corporation and furnished to the Securities      and      Exchange Commission or its staff upon request.*
II

106TH CONGRESS

2D SESSION S. 2058

To extend filing deadlines for applications for adjustment of status of certain

Cuban, Nicaraguan, and Haitian nationals.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 10, 2000

Mr. GRAHAM (for himself, Mr. MACK, Mr. KENNEDY, Mr. DURBIN, and Mrs.

FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To extend filing deadlines for applications for adjustment

of status of certain Cuban, Nicaraguan, and Haitian

nationals.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF FILING DEADLINES FOR APPLI4 CATIONS FOR ADJUSTMENT OF STATUS OF

5 CERTAIN CUBAN, NICARAGUAN, AND HAITIAN

6 NATIONALS.

7 (a) NICARAGUAN ADJUSTMENT AND CENTRAL

8 AMERICAN RELIEF ACT.—Notwithstanding the expiration

9 of the application filing deadline in section 202(a)(1) of
2

•S 2058 IS

1 the Nicaraguan Adjustment and Central American Relief

2 Act (as contained in Public Law 105–100; 8 U.S.C. 1255

3 note), a Cuban or Nicaraguan national who is otherwise

4 eligible for adjustment of status under that section may

5 apply for that status through the date that is one year

6 after the date of promulgation by the Attorney General

7 of final regulations for the implementation of that section.

8 (b) HAITIAN REFUGEE IMMIGRATION FAIRNESS

9 ACT.—Notwithstanding the expiration of the application

10 filing deadline in section 902(a) of the Haitian Refugee

11 Immigration Fairness Act of 1998 (as added by section

12 101(h) of division A of Public Law 105–277), a Haitian

13 national who is otherwise eligible for adjustment of status

14 under that section may apply for that status through the

15 date that is one year after the date of promulgation by

16 the Attorney General of final regulations for the imple17 mentation of that section.

Æ
DEPARTMENT OF HEALTH & HUMAN SERVICES Public Health Service

 

 National Institute for Occupational

 Safety and Health

 Robert A. Taft Laboratories

 4676 Columbia Parkway

 Cincinnati, OH 45226-1998

 Phone: 877-222-7570

 Fax: 513-533-6826

 

 November 8, 2010 

Ms. Rachel Leiton, Director 

Division of Energy Employees Occupational 

 Illness Compensation 

U.S. Department of Labor 

200 Constitution Avenue, N.W., Room C-3321 

Washington, D.C. 20210 

Dear Ms. Leiton:

On behalf of the Secretary of the Department of Health and Human Services (HHS), and as required 

by 42 C.F.R. § 83.17(d), I am notifying you of the final effect of the HHS decision to designate a 

class of employees from Revere Copper and Brass, Detroit, Michigan, as an addition to the Special 

Exposure Cohort (SEC) under the Energy Employees Occupational Illness Compensation Program 

Act of 2000. On October 6, 2010, as provided for under 42 U.S.C. § 7384q(b), the Secretary of HHS 

designated the following class of employees as an addition to the SEC:

All Atomic Weapons Employer employees who worked at Revere Copper and Brass, Detroit, 

Michigan, from July 24, 1943 through December 31, 1954, for a number of work days 

aggregating at least 250 work days, occurring either solely under this employment or in 

combination with work days within the parameters established for one or more other classes 

of employees included in the Special Exposure Cohort. 

This designation became effective on November 5, 2010, as provided for under 42 U.S.C. § 

7384l(14)(C). Hence, beginning on November 5, 2010, members of this class of employees, defined 

as reported in this notice, became members of the SEC.

 Sincerely, 

 

 Stuart L. Hinnefeld, Interim Director

 Division of Compensation Analysis and Support 

 National Institute for Occupational Safety and Health
**EXHIBIT
      32.2                CERTIFICATIONS**







CERTIFICATION  PURSUANT
      TO




18
      U.S.C.
      SECTION 1350




AS
      ADOPTED PURSUANT TO




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002









I,
      Michael J. Shea, Senior Vice-President and Chief Financial and Accounting
      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, the Quarterly Report of Hooper Holmes, Inc., on Form 10-Q for
      the
      quarter ended September 30, 2007 fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that the
      information contained in such Quarterly Report on Form 10-Q fairly presents,
      in
      all material respects, the financial condition and results of operations of
      Hooper Holmes, Inc.




Dated:  November
      9,
      2007




/s/
      Michael J. Shea




__________________________




Michael
      J. Shea




Senior
      Vice President and Chief Financial and Accounting Officer




This
      certification shall not be deemed “filed” for purposes of Section 18 of the
      Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the
      liability of Section 18 of the Exchange Act. Such certification shall not be
      deemed to be incorporated by reference into any filing under the Securities
      Act
      of 1933 or the Exchange Act, except to the extent that the Company specifically
      incorporates it by reference.




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Hooper Holmes, Inc. and will be retained by Hooper Holmes, Inc. and furnished
      to
      the Securities and Exchange Commission or its staff upon
      request
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Tuesday, June 8, 2010.

# FOR FURTHER INFORMATION CONTACT:

Donna Powers at 1-888-912-1227 or 954-423-7977.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Issue Committee will be held Tuesday, June 8, 2010, at 2 p.m. Eastern 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 Donna Powers. For more information, please contact Ms. Powers at 1-888-912-1227 or 954-423-7977, or write TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or contact us at the                     *Web site: http://www.improveirs.org.*

*The agenda will include various IRS Issues.*

      ( print page 25318)    
Dated: May 3, 2010.

Shawn F. Collins,

Director, Taxpayer Advocacy Panel.

[FR Doc. 2010-10745 Filed 5-6-10; 8:45 am]

BILLING CODE 4830-01-P
Exhibit 4.3

                         AMENDMENT TO FORD MOTOR COMPANY
                           DEFERRED COMPENSATION PLAN
                           --------------------------
                         (Effective as of June 1, 2000)


The first sentence of paragraph (i) of Section 4 is revised to read as follows:

"Anything  in the Plan to the contrary  notwithstanding,  all  outstanding  book
entry deferral  accounts  maintained  under the Plan for participants who become
employees  of  Visteon  Corporation  ("Visteon")  or  any  of  its  consolidated
subsidiaries   immediately  following  employment  with  the  Company  shall  be
transferred to a new Visteon  Deferred  Compensation  Plan ("Visteon DCP") to be
adopted by Visteon and governed by the provisions of that plan,  effective as of
5:00 p.m. Eastern Time on June 30, 2000 (the "Transfer Date")."
Exhibit 10.79

LOGO

March 3,
2005

Mr. James
Zierick
31715 Sea Level Dr.
Malibu, CA 90265

RE:
Amendment to Executive Employment Agreement

Dear
Jim:

This
letter sets forth the agreement between you and Peregrine Systems, Inc. (the "Company") to amend the terms of the Executive
Employment Agreement between you and the Company, dated as of May 17, 2004 (the "Employment Agreement"), as set forth herein (the
"Amendment").

The
Company and the Executive hereby agree that effective as of February 22, 2005:

1.     Section 7.4
of the Employment Agreement shall be renumbered as Section 7.5 and the first sentence of this Section 7.5 shall be deleted in its
entirety and replaced with the following:



2.     A
new Section 7.4 shall be added to the Employment Agreement and shall provide the following:



---





3.     Except
as modified by this Amendment, the Employment Agreement shall remain unchanged and shall remain in full force and effect.

|                                                 | Sincerely,                        
|------------------------------------------------ | ----------------------------------
|                                                 | John Mutch
Chief Executive Officer
|Acknowledged and agreed
to as of March    , 2005 |                                   
|James Zierick                                    |                                   

2

---



QuickLinks
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,651
<INT-BEARING-DEPOSITS>                           6,298
<FED-FUNDS-SOLD>                                 1,938
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     40,654
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        117,021
<ALLOWANCE>                                      1,898
<TOTAL-ASSETS>                                 173,597
<DEPOSITS>                                     140,871
<SHORT-TERM>                                     7,883
<LIABILITIES-OTHER>                              2,173
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
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<TOTAL-LIABILITIES-AND-EQUITY>                 173,597
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<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                 9,234
<INTEREST-DEPOSIT>                               3,733
<INTEREST-EXPENSE>                                 232
<INTEREST-INCOME-NET>                            5,269
<LOAN-LOSSES>                                        0
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<EXPENSE-OTHER>                                  3,861
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<INCOME-PRE-EXTRAORDINARY>                       2,260
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<EPS-PRIMARY>                                     1.28
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<LOANS-NON>                                        448
<LOANS-PAST>                                         0
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<LOANS-PROBLEM>                                  2,500
<ALLOWANCE-OPEN>                                 1,850
<CHARGE-OFFS>                                       60
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<ALLOWANCE-CLOSE>                                1,898
<ALLOWANCE-DOMESTIC>                             1,898
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,244
        

</TABLE>
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

National Forests in Mississippi, Forest Service, USDA.

# ACTION:

Notice of proposed new recreation fee site.

# SUMMARY:

Chickasaw ATV Trail is located near Houston, MS. Currently, this trail is closed for reconstruction and is expected to open in November 2010. The site will contain 12 miles of reconstructed trail, an information board, toilet facility, and parking; and visitor security is provided. The Forest Service proposes to charge $10 per operator. A $60 annual pass will also be available for purchase by the public. This annual pass could be used for access to three other motorized trails in the National Forests in Mississippi and would be valid for 12 months. The fees listed are only proposed and will be determined upon further analysis and public comments. All funds received from these fees would be used for continued operation and maintenance of the facility and allow additional amenities to be added to enhance the recreational experience at the facility. Comparable recreational use fees are being proposed at other sites that provide similar recreational opportunities in Mississippi.

# DATES:

Comments will be accepted through November 1, 2010. Implementation of fees is proposed to take place in fiscal year 2011.

# FOR FURTHER INFORMATION CONTACT:

Jeff Gainey, Recreation Program Manager, 601–965–1617, National Forests in Mississippi, 100 West Capitol Street, Suite 1141, Jackson, MS 39269.

# SUPPLEMENTARY INFORMATION:

                    The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108–447) directed the Secretary of Agriculture to publish advance notice in the                     **Federal Register**                     whenever new recreation fee areas are established.                

Dated: April 28, 2010.

Margrett L. Boley,

Forest Supervisor, National Forests in Mississippi.

[FR Doc. 2010–11041 Filed 5–10–10; 8:45 am]

BILLING CODE 3410–11–M
**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 Reportof Tower Bancorp, Inc. (the “Company”) on Form 10-Q for the periodending March 31, 2008 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Jeff B. Shank, Chief Executive Officer ofthe Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuantto section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)  The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 

 
|   | /s/   Jeff B. Shank |
|--------|------------------------------------|
|   | Chief Executive Officer            |
|   | May 9, 2008                   |

 

35

----
NOTE: This order is nonprecedential.

mniteb ~tate~ (!Court of ~eaI~

for tbe jfeberaI ([ircuit

PATRICK R. DONAHOE, POSTMASTER GENERAL,

Appellant,

v.

LAURA K. MCNEW,

Appellee.

2012-1586

Appeal from the Postal Service Board of Contract Appeals in no. 6286, Administrative Judge William A.

Campbell.

ON MOTION

ORDER

Patrick R. Donahoe, Postmaster General, moves to

voluntarily dismiss this appeal.

Upon consideration thereof,

IT Is ORDERED THAT:

(1) The motion is granted. The appeal is dismissed.

(2) Each side shall bear its own costs.

Case: 12-1586 Document: 5 Page: 1 Filed: 01/23/2013
JAN 23 2013

USPS V. LAURA K. MCNEW

FOR THE COURT

/s/ Jan Horbaly

Jan Horbaly

Clerk

s21

Issued As A Mandate: --------

2

~--~-~--~~----

Case: 12-1586 Document: 5 Page: 2 Filed: 01/23/2013