alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE of Missouri, Plaintiff/Respondent, v. Wyman HUSSEY, Defendant/Appellant.

No. 66473.

Missouri Court of Appeals, Eastern District, Division One.

Oct. 3, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Nov. 8, 1995.

Application to Transfer Denied Dec. 19, 1995.

Lew Kollias, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and KAROHL and WHITE, JJ.

*ORDER*

PER CURIAM.

Defendant appeals his conviction by a jury for possession of a prohibited article on or about the premises of a correctional facility, § 217.360, RSMo Supp.1991. The court sentenced him as a prior and persistent offender to a twenty year prison term to run consecutively with his prior sentences. We affirm. We have reviewed the record and find the claims of error to be without merit. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 30.25(b).
_______________________________________ __ ________________ ________________ Michigan Supreme Court 

# Order

Lansing, Michigan

October 24, 2005 Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh 128263(56) (60) Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. HERALD COMPANY, INC., d/b/a Stephen J. Markman, BOOTH NEWSPAPERS, INC. and Justices d/b/a ANN ARBOR NEWS, Plaintiff-Appellant, SC 128263 v CoA 254712 Washtenaw CC 04-0000117-CZ EASTERN MICHIGAN UNIVERSITY BOARD OF REGENTS, Defendant-Appellee.

On order of the Chief Justice, the motions by th e Regents of the University of Michigan and others and by the Michigan Municipal L eague Legal Defense Fund for leave to file briefs amicus curiae in this case are considere d and they are GRANTED.

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.

October 24, 2005

Clerk
### IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Septem ber 9, 2003 Session

STATE OF TENNESSEE v. HOLLY FANT

Appeal from the Circuit Court for Gibson County No. 16030 Clayburn Peeples, II, Judge

No. W2003-00211-CCA-R3-CD - Filed January 14, 2004

G ARY R. W ADE , P.J ., con curri ng.

I agree that the d efenda nt’s sente nce shou ld be aff

irmed. I n my view, how ever, it

was error f or the trial court to a

pply enhanc ement fa

ctor (6) , that the

defenda nt treate d the vic tim wit h exceptional cruelty. See

Tenn. Code Ann. § 40-35-114(6). Application of this factor require s a finding of cruelty o ver and a bove that inheren tly a ttendant to the crime

for whic h the def

endant is convic ted. State v . Embry , 915 S.W.2d 451, 456 (Tenn. Crim. App. 1995). In other words, such evidence must “den ote[ ] the inf liction of pain or suffering for its own sake or from the g ratification derivedther efrom, an d not merely pain or suf fering inflicted as the means of ac complishing the crime charged.” State v. K

elly Ha yn es , No. W1999-01485-CCA-R3-CD (Tenn. Crim. App., at Jackson, Mar. 14, 2000). Enhancement factor (6) has typically been applied in situations where the victim was tortured or abused. See State v. D avis
, 825 S.W.2d 109, 113 (Tenn. Crim. App. 1991). This court has upheld the application of this factor based on pr oof o f ext ensive physical a buse or torture, see State v. Will

iams , 920 S.W.2d 2

47, 259 (T enn. Crim. App. 1995 ), as well as pr oof of psychologic al abuse or torture, see State v. Thomas Lebr on Mills and

Carl Fra nklin Mills , No. 936 (Tenn. Crim. App., at

Kn ox vi ll e, De c. 19 , 1 98 5) (h ol di ng th at ac ts of me nt al cr ue lt y, by t

hemselve s,
can be a s vicious a

nd scarr ing as a cts of phy sical cr

uelty ). Here , there i s no evide nce that th e defendant tortured or abuse d the vict

im or that s he inflic ted pain a nd suffering greate

r than that necessary to complete the offense. Rather, after shooting the victim, the defendant dialed 911 and waited w ith him until e

merge ncy assistanc e arriv ed. Neve rtheless
, I concur with the majority tha t the four-ye ar sentence, one y ear above the minimum, was warranted.

_______________________________________ GARY R. WADE, PRESIDING JUDGE
**Exhibit** **32.2**

**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 Annual Report on Form 10-KSB of VisualMED Clinical  Solutions Corp (the “Company”) for the fiscal year ended June 30,  2005 as filed with the Securities and Exchange Commission on the date hereof  (the “Report”), I, Philippe Rainville, Principal Financial Officer,  Principal Accounting Officer and Treasurer 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: 

(1)    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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/ Philippe Rainville |
|------------------------|

Philippe Rainville 

Principal Financial Officer, Principal 

Accounting Officer and Treasurer  

| September        29,  2005 |
|--------------------------------------|

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934 (15 U.S.C. 78r), as amended.
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Manouch Moshayedi, Chief Executive Officer of STEC, Inc. (the Company), certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



|(1) | the Annual Report of the Company on Form 10-K for the fiscal year ended December 31, 2007, as filed with the Securities and Exchange Commission (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/    MANOUCH MOSHAYEDIManouch MoshayediChief Executive Officer


March 17, 2008

This certification accompanies this Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange
Act, except to the extent that the Company specifically incorporates it by reference.
**Exhibit 32.1**     DAC TECHNOLOGIES GROUP INTERNATIONAL, INC. CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the Annual Report on Form 10-KSB of DAC Technologies Group InternationalInc (the “Company”) for the period ended December 31, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), David A. Collins Chief Executive Officerof the Company, hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906of the Sarbanes-Oxley Act of 2002, that: (1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) The information containedin the Report fairly presents, in all material respects, the financial condition and results ofoperations of the Company.                 /s/ David A. Collins   David A. Collins, Chairman,    CEO and Principal Executive Officer   Date:March 31, 2008
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Proposed Rules 19387

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Indian Health Service

25 CFR Part 900

RINS 0905–AC98: 1076–AC20

Indian Self-Determination and

Education Act Amendments

AGENCIES: Departments of the Interior

and Health and Human Services.

ACTION: Notice of withdrawal of

proposed rule.

SUMMARY: The Secretaries of the

Department of the Interior and the

Department of Health and Human

Services proposed, in the Federal

Register of January 20, 1994, (59 FR

3166), a joint rule to implement

Sections 1 through 9 and Title I, Indian

Self-Determination Act and Pub. L. 100–

472, the Indian Self-Determination and

Education Assistance Act Amendments

of 1988. This proposed rule is hereby

withdrawn. New regulations may be

issued in accordance with Pub. L. 103–

413, 108 Stat. 4250, Indian SelfDetermination Act Amendments of

1994, enacted October 25, 1994.

Approved: March 15, 1995.

Ada E. Deer,

Assistant Secretary—Indian Affairs, DOI.

Dated: March 27, 1995.

Philip R. Lee, M.D.,

Assistant Secretary for Health—DHHS.

Approved: April 11, 1995.

Donna E. Shalala,

Secretary—DHHS.

[FR Doc. 95–9442 Filed 4–17–95; 8:45 am]

BILLING CODE 4160–16–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[FI–43–94]

RIN 1545–AS87

Netting Rule for Certain Conversion

Transactions; Hearing Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed regulations.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to the amount of gain from a conversion

transaction position that is subject to

recharacterization as ordinary income.

DATES: The public hearing originally

scheduled for Tuesday, April 25, 1995,

beginning at 10 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT:

Mike Slaughter of the Regulations Unit,

Assistant Chief Counsel (Corporate),

(202) 622–7190, (not a toll-free number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is proposed

regulations under section 1258(a) of the

Internal Revenue Code of 1986. A notice

of proposed rulemaking and notice of

public hearing appearing in the Federal

Register for Tuesday, December 27,

1994 (59 FR 66498), announced that the

public hearing on proposed regulations

under section 1258(a) of the Internal

Revenue Code of 1986 would be held on

Tuesday, April 25, 1995, beginning at 10

a.m., in the IRS Auditorium Internal

Revenue Building, 1111 Constitution

Avenue NW., Washington, D.C.

The public hearing scheduled for

Tuesday, April 25, 1995, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–9542 Filed 4–17–95; 8:45 am]

BILLING CODE 4830–01–P
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5529 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5529

To require a study of the risk of space debris impacting a metropolitan 
                     area, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2023

  Mr. Santos introduced the following bill; which was referred to the 
              Committee on Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

 
To require a study of the risk of space debris impacting a metropolitan 
                     area, 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. STUDY OF RISK OF SPACE DEBRIS IMPACTING A METROPOLITAN AREA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce, in consultation with 
the Administrator of the Federal Emergency Management Agency, the 
Administrator of the National Aeronautics and Space Administration, and 
the Secretary of Defense, shall carry out a study to examine the risk 
of space debris impacting a metropolitan area within the next 25 years.
    (b) Contents.--The study required under subsection (a) shall 
address the following:
            (1) In the next 25 years, the probability of a space-based, 
        manmade object impacting a populated area exceeding 1 million 
        inhabitants.
            (2) The ability to predict such an incident.
            (3) The ability to warn the affected area, including 
        regarding the amount of time needed to do so.
            (4) Would an evacuation process be possible, and if so, how 
        such would be carried out.
            (5) How could relief via a Federal response be provided, 
        and an identification of which agencies would be tasked with so 
        responding.
            (6) Options to defend against an imminent impact.
    (c) Report to Congress.--Not later than 28 months after the date of 
the enactment of this Act, the Secretary of Commerce shall submit to 
the Committee on Science, Space, and Technology, the Committee on 
Homeland Security, the Committee on Armed Services, and the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation, the Committee on 
Homeland Security and Governmental Affairs, and the Committee on Armed 
Services of the Senate a report containing the results of the study 
required under subsection (a).
                                 <all>
```
**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

In connection with the Quarterly Report on Form 10-Qof Aviza Technology, Inc. (the “Company”), the undersigned ChiefExecutive Officer of the Company certifies pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that, to his knowledge:

 

(1)                                  theaccompanying report on Form 10-Q of the Company for the quarter ended December 28,2007, as filed with the Securities and Exchange Commission (the “Report”),fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

(2)                                  the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company for the periodspresented therein.

 

 

Date:February 11, 2008
|   | By:    |      /s/ Jerauld J. Cutini |   |
|--------|--------|-----------------------------------------------------|--------|
|   |   | Jerauld J. Cutini                                   |
|   |   | President and Chief Executive Officer               |

 

----
#### Richard A. STREB, Respondent, v. Ernie CAMPBELL, d/b/a Ernie Campbell Construction Co., Appellant.

No. WD 46807.

Missouri Court of Appeals, Western District.

Aug. 3, 1993.

Willard B. Bunch, John Cash, Kansas City, for appellant.

Richard Streb, pro se.

Before ULRICH, P.J., and BERREY and SMART, JJ.

ORDER

PER CURIAM.

Appeal from denial of motion to vacate filing of registration of foreign judgment.

The judgment is affirmed pursuant to Rule 84.16(b).
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WALID MAJDUB,

Petitioner,

 v.

JEFFERSON B. SESSIONS III, Attorney

General,

Respondent.

No. 15-71437

Agency No. A078-072-869

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 16, 2017** 

San Francisco, California

Before: HAWKINS and W. FLETCHER, Circuit Judges, and KRONSTADT,***

District Judge.

 

FILED

OCT 25 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable John A. Kronstadt, United States District Judge for the

Central District of California, sitting by designation.
Walid Majdub, a citizen of Israel, petitions for review of an order of the

Board of Immigration Appeals (BIA) affirming the Immigration Judge’s denial of

his application for asylum and withholding of removal. We have jurisdiction under

8 U.S.C. § 1252 and we deny the petition. 

The BIA found that Majdub’s asylum claim was untimely. Substantial

evidence supports the BIA’s conclusion. Majdub arrived in the United States in

September 1993, but did not file his asylum application until May 2002. While the

one-year filing deadline may be excused if the applicant files within a reasonable

period after changed circumstances materially affect his eligibility for asylum, the

record supports the BIA’s finding that this exception does not apply. 8 U.S.C

§ 1158(a)(2)(B), (D); 8 C.F.R. § 208.4(a)(4)(i)–(ii).

Substantial evidence also supports the IJ’s adverse credibility determination.

The IJ established a legitimate, articulable basis to question Majdub’s credibility

and offered specific, cogent reasons for her disbelief. Shah v. INS, 220 F.3d 1062,

1067 (9th Cir. 2000). Majdub gave inconsistent testimony regarding the date of the

first Intifada, his affiliations with political organizations, and the extent of his

participation in political activities in both Israel and in the United States. Because

Majdub’s withholding application is premised on his claim to fear political

persecution if he is returned to Israel, these inconsistencies are not minor but “go to

2
the heart” of his application. Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir. 2004).

Majdub argues that any discrepancies are the result of incorrect translations, but

this explanation is implausible given the breadth of the conflicting testimony

identified by the IJ. In the absence of credible testimony, Majdub failed to

demonstrate eligibility for withholding of removal. 

Moreover, substantial evidence supports the BIA’s alternative conclusion

that Majdub’s testimony, even if credited, would not establish eligibility for

withholding. Majdub testified to prejudicial treatment and harassment, but the

conduct he describes does not rise to the level of persecution. Prasad v. INS, 47

F.3d 336, 339–40 (9th Cir. 1995)

PETITION FOR REVIEW DENIED.

3
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5787 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5787

To amend the Internal Revenue Code of 1986 to allow, without regard to 
disability, individuals eligible for veterans benefits to contribute to 
                        health savings accounts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2023

Mr. Carey (for himself, Mr. Golden of Maine, Mr. Kelly of Pennsylvania, 
Mr. Feenstra, and Ms. Malliotakis) introduced the following bill; which 
            was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to allow, without regard to 
disability, individuals eligible for veterans benefits to contribute to 
                        health savings accounts.

    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 ``Veterans HSA Access Act of 2023''.

SEC. 2. INDIVIDUALS WITHOUT SERVICE-CONNECTED DISABILITY AND ELIGIBLE 
              FOR CERTAIN VETERANS BENEFITS PERMITTED TO CONTRIBUTE TO 
              HEALTH SAVINGS ACCOUNTS.

    (a) In General.--Section 223(c)(1)(C) of the Internal Revenue Code 
of 1986 is amended by striking ``for a service-connected disability 
(within the meaning of section 101(16) of title 38, United States 
Code)''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2025.
                                 <all>
```
[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Page 19944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11072]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute on Aging; Notice of Meeting

    Pursuant to Pub. L. 92-463, notice is hereby given of the meeting 
of the following National Institute on Aging Special Emphasis Panel.
    The meeting will be open to the public to provide concept review of 
proposed contract or grant solicitations.
    Individuals who plan to attend and need special assistance, such as 
sign language interpretation or other reasonable accommodations, should 
inform the Contact Person listed below in advance of the meeting.

Name of Panel: National Institute on Aging Special Emphasis Panel 
(Telephone Conference Call)
Date of Meeting: May 7, 1996
Time of Meeting: 2:00 p.m.
Place of Meeting: National Institute on Aging, Gateway Building, Room 
2C212, 7201 Wisconsin Avenue, Bethesda, Maryland 20802
Agenda: To provide concept review to modify Women's Health and Aging 
Study Contract.
Contact Person: Dr. Michael Oxman, Scientific Review Administrator, 
Gateway Building, Room 2C212, National Institutes of Health, Bethesda, 
Maryland 20892-9205, (301) 496-9666

    This notice is being published less than 15 days prior to the above 
meeting due to the urgent need to meet timing limitations imposed by 
the review and funding cycle.

(Catalog of Federal Domestic Assistance Program No. 93.866, Aging 
Research, National Institutes of Health)

    Dated: April 30, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-11072 Filed 5-2-96; 8:45 am]
BILLING CODE 4140-01-M