alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44258

STATE OF IDAHO

,

Plaintiff

- Respondent

,

v.

DELORES DANN

,

Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2017 Unpublished Opinion No. 372

Filed: February 21, 2017

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson , District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period of confinement of three years, for burglary, affirmed

.

Eric D. Fredericksen, State Appellate Public Defender; Aaron J. Currin , Deputy Appellate Public Defender, Boise, for appella nt.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming , Deputy Attorney General, Boise, for respondent.

________________________________________________

Before GRATTON, Chief Judge; MELANSON, Judge; and HUSKEY, Judge

________________________________________________

PER CURIAM

Delores Dann pled guilty to burglary . I.C. §§ 18

- 1401 and 18

- 1403

. In exchange for her

guilty plea, an additional charge was dismissed. The district court sentenced Dann to a unified

term of ten years, with a minimum period of confinement of three years

. However, the district

court retained jurisdiction and sent Dann to participate in the rider program. Dann filed an I.C.R.

35 motion, which the district court denied. Dann appeals, arguing that her sentence is excessive.

Sentencing is a matter for t he trial court’s discretion. Both our standard of review and the

factors to be considered in evaluating the reasonableness of the sentence are well established and2 need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117

- 18, 822 P.2d 1011, 1014

-
15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449

- 51, 680 P.2d 869, 871

- 73 (Ct. App.

1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record

in this case, we cannot say that the district court abused its discretion.

Therefore, Da nn ’s judgment of conviction and sentence are affirmed.
Exhibit 99.2
                            CERTIFICATION PURSUANT TO
                               18 U.S.C. SS. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of Advanced Gaming  Technology,
Inc.,  (the  "Company") on Form 10-KSB for the year ending December 31, 2002, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Gary Cain, Chief Financial Officer (or the equivalent thereof) of
the Company,  certify,  pursuant to 18 U.S.C.  ss. 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/ Gary Cain
                                     ---------------------------------
                                         Gary Cain
                                         Chief Financial Officer
                                         (or the equivalent thereof)
                                         April 15, 2003
The Honorable G. Thomas Eisele, United States District Judge for the Eastern *

District of Arkansas, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-3499EM

_____________

Fred P. Crepeau, *

*

Appellant, * Appeal from the United States

* District Court for the Eastern

v. * District of Missouri.

*

McDonnell Douglas Corporation, * [UNPUBLISHED]

*

Appellee. *

_____________

 Submitted: March 13, 1998

Filed: March 18, 1998

_____________

Before FAGG and ROSS, Circuit Judges, and EISELE, District Judge. *

_____________

PER CURIAM.

Fred P. Crepeau appeals the district court's grant of summary judgment to

McDonnell Douglas Corporation on Crepeau's age discrimination claim. Having

reviewed the record and the parties' briefs, we conclude Crepeau is not entitled to

relief. Even if we assume for the purpose of our review that Crepeau established the

elements of a prima facie case, we agree with the district court's analysis that there is

no substantial evidence in the record tending to show that McDonnell Douglas
-2-

Corporation's articulated reasons for Crepeau's separation during a legitimate reduction

in force were a pretext for age discrimination. Because the controlling law is clear, our

review satisfies us that an opinion would have no precedential value in this factintensive case. We thus conclude the district court correctly granted summary

judgment, and we affirm without further discussion. See 8th Cir. R. 47B.

A true copy.

Attest:

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

<ARTICLE> 9
       
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<PERIOD-END>                               MAR-31-1999
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<ALLOWANCE-FOREIGN>                                  0
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<TABLE> <S> <C>

<ARTICLE> 5
       
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<SECURITIES>                                 1,007,255
<RECEIVABLES>                                  319,541
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                             8,204,035
<PP&E>                                       7,326,761
<DEPRECIATION>                               3,470,953
<TOTAL-ASSETS>                              12,145,773
<CURRENT-LIABILITIES>                        1,347,307
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        47,327
<OTHER-SE>                                  10,673,062
<TOTAL-LIABILITY-AND-EQUITY>                12,145,773
<SALES>                                     17,573,911
<TOTAL-REVENUES>                            18,661,909
<CGS>                                        4,405,330
<TOTAL-COSTS>                               14,014,164
<OTHER-EXPENSES>                             2,289,293
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (253,655)
<INCOME-PRETAX>                              2,726,339
<INCOME-TAX>                                   858,153
<INCOME-CONTINUING>                          1,868,186
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,868,186
<EPS-PRIMARY>                                      .54
<EPS-DILUTED>                                      .54
        

</TABLE>
463 A.2d 25

#### Commonwealth v. Hoffman, Jr., Appellant.

Submitted January 12, 1983.

Eugene J. Julian, for appellant; Robert L. Eberhardt, Deputy District Attorney, for Commonwealth, appellee.

Before CERCONE, P.J., POPOVICH and VAN der VOORT, JJ.

The order of the lower court is affirmed.

POPOVICH, J., filed a memorandum dissenting statement.
<PAGE>
                                                                   EXHIBIT 23.1


                          INDEPENDENT ACCOUNTANTS' CONSENT


The Stockholders and Board of Directors
Whittman-Hart, Inc.:

     We consent to incorporation by reference in the registration statements
on Forms S-1 (No. 333-18059) and S-8 (No. 333-03523) of Whittman-Hart, Inc.
of our reports dated February 13, 1998, relating to the consolidated balance
sheets of Whittman-Hart, Inc. and subsidiaries as of December 31, 1997 and
1996, and the related consolidated statements of earnings, stockholders'
equity, cash flows and the related financial statement schedule for each of
the years in the three-year period ended December 31, 1997, which report
appears in the December 31, 1997 Form 10-K of Whittman-Hart, Inc.  These
consolidated financial statements and financial statement schedule and our
reports thereon are included herein.



                                     KPMG Peat Marwick LLP

Chicago, Illinois
March 26, 1998
<TABLE> <S> <C>


<ARTICLE>                     5

<CIK>                         0001031003
<NAME>                        MERRILL LYNCH PREFERRED CAPITAL TRUST II
<MULTIPLIER>                  1,000



<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 DEC-26-1998
<PERIOD-END>                                   DEC-31-1999
<CASH>                                               0
<SECURITIES>                                   309,278
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               309,278
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 309,278
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    300,000
<COMMON>                                         9,278
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   309,278
<SALES>                                              0
<TOTAL-REVENUES>                                24,742
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 24,742
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             24,742
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    24,742
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
##### 



Exhibit 99.2  Sarbanes-Oxley  906 Certification

Date: July 24, 2003

Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC 20549

Ladies and Gentlemen:

The certification set forth below is being submitted in connection with Form
10-Q (the Report) for the purpose of complying with Rule 13a-14(b) or Rule
15d-14(b) of the Securities Exchange Act of 1934 (the Exchange Act) and
Section 1350 of Chapter 63 of Title 18 of the United States Code.

Robert W. Anestis, the Chief Executive Officer and Richard G. Smith, the Chief
Financial Officer of Florida East Coast Industries, Inc., each certifies that,
to the best of his knowledge:



| | 1. |  | the Report fully complies with the requirements of Section
13(a) or 15(d) of the
Exchange Act; and                                                                         
| | -- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2. |  | the information contained in the Report fairly presents, in
all material respects, the
financial condition and results of operations of Florida East Coast
Industries, Inc.



| | /s/ Robert W. Anestis
Robert W. Anestis
Chief Executive Officer
| | ---------------------------------------------------------------



| | /s/ Richard G. SmithRichard G. Smith
Chief Financial Officer
| | ------------------------------------------------------------

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

32
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2010 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2010

   To require the Federal Communications Commission to follow normal 
   rulemaking procedures in establishing additional requirements for 
           noncommercial educational television broadcasters.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 27, 2000

 Mr. Brownback (for himself, Mr. Nickles, Mr. Ashcroft, Mr. Craig, Mr. 
    Shelby, Mr. Santorum, Mr. Lott, Mr. Enzi, and Mr. Smith of New 
  Hampshire) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To require the Federal Communications Commission to follow normal 
   rulemaking procedures in establishing additional requirements for 
           noncommercial educational television broadcasters.

    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 ``Noncommercial Broadcasting Freedom 
Act''.

SEC. 2. COMPLIANCE WITH RULEMAKING PROCEDURES REQUIRED.

    (a) Limitation.--After the date of enactment of this Act, the 
Federal Communications Commission shall not establish, expand, or 
otherwise modify requirements relating to the service obligations of 
noncommercial educational television stations except by means of agency 
rulemaking conducted in accordance with chapter 5 of title 5, United 
States Code, or other applicable law.
    (b) Termination of Effect of Additional Guidance.--The additional 
guidance contained in paragraphs 43 and 44 of the Commission's 
memorandum opinion and order in WQED Pittsburgh (FCC 99-393), adopted 
December 15, 1999, and released December 29, 1999, shall not be 
effective after the date of enactment of this Act except to the extent 
such guidance is prescribed in accordance with subsection (a).
                                 <all>
```
#### GILLESPIE, Appellant, *v.*DION, Respondent.

[Submitted April 7, 1896.

Decided May 4, 1896.]

See syllabus and opinion in *Gillespie*v. *Dion, ante,*page 183.

*Appeal from Seventh Judicial District, Dawson Gou/nty.*

Election Contest. Judgment was rendered by Milburn, J., declaring the election void.

Reversed.

*Strevell <&*Porter, for Appellant.

*Thomas O. Holmes, Henri J. Haskell*and *Ella Knowles Haskell,*for Respondent.

Per Curiam.

This is an appeal by Gillespie from the same judgment rendered in the case of *Gillespie*v. *Dion, ante,*page 183. The decision in that case, that the district court.had no jurisdiction, disposes of this case, and renders further statement needless. Judgment reversed, and proceeding dismissed.
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Scott Sullinger, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Annual Report of NeoMagic Corporation on Form 10-K/A, Amendment No. 1, for the fiscal year ended January 31, 2005 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that information contained in such report fairly presents in all material respects the financial condition and results of operations of NeoMagic Corporation. This written statement is being furnished
to the Securities and Exchange Commission as an exhibit to such Form 10-K/A. A signed original of this statement has been provided to NeoMagic and will be retained by NeoMagic and furnished to the Securities and Exchange Commission or its staff upon
request.



|                   |  |        |  |                        
|------------------ |  | ------ |  | -----------------------
|Date: May 27, 2005 |  |        |  |                        
|                   |  | By:    |  | /s/ Scott Sullinger    
|                   |  | Name:  |  | Scott Sullinger        
|                   |  | Title: |  | Chief Financial Officer
II

Calendar No. 257

106TH CONGRESS

1ST SESSION S. 199

For the relief of Alexandre Malofienko, Olga Matsko, and their son, Vladimir

Malofienko.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. LAUTENBERG (for himself and Mr. TORRICELLI) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

AUGUST 5, 1999

Reported by Mr. HATCH, without amendment

A BILL

For the relief of Alexandre Malofienko, Olga Matsko, and

their son, Vladimir Malofienko.

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

3 SECTION 1. PERMANENT RESIDENCE.

4 Notwithstanding any other provision of law, for pur5 poses of the Immigration and Nationality Act (8 U.S.C.

6 1101 et seq.), Alexandre Malofienko, Olga Matsko, and

7 their son, Vladimir Malofienko, shall be held and consid-
2

S 199 RS

1 ered to have been lawfully admitted to the United States

2 for permanent residence as of the date of the enactment

3 of this Act upon payment of the required visa fees.

4 SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

5 Upon the granting of permanent residence to Alexandre

6 Malofienko, Olga Matsko, and their son, Vladimir

7 Malofienko, as provided in section 1, the Secretary of

8 State shall instruct the proper officer to reduce by the ap9 propriate number during the current fiscal year the total

10 number of immigrant visas available to natives of the

11 country of the aliens’ birth under section 203(a) of the

12 Immigration and Nationality Act (8 U.S.C. 1153(a)).

Calendar No. 257

106TH CONGRESS

1ST SESSION S. 199

A BILL

Matsko, and their son, Vladimir Malofienko.

For the relief of Alexandre Malofienko, Olga

AUGUST 5, 1999

Reported without amendment
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1743 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1743

    To amend the Transportation Equity Act for the 21st Century to 
      authorize the State of Georgia to participate in the State 
                   infrastructure bank pilot program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 18, 1999

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

_______________________________________________________________________

                                 A BILL

 
    To amend the Transportation Equity Act for the 21st Century to 
      authorize the State of Georgia to participate in the State 
                   infrastructure bank pilot program.

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

SECTION 1. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

    Section 1511(b)(1)(A) of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 181 note; 112 Stat. 251) is amended by inserting 
``Georgia,'' after ``Florida''.
                                 <all>
```