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

## Appellate Division, Fourth Judicial Department

**575 KA 09-02443**  PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER
ROBIN KALINOWSKI, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN C. MINISTERO OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DONNA A. MILLING OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered October 14, 2009. The judgment convicted defendant, upon her plea of guilty, of conspiracy in the second degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Same Memorandum as in People v Kalinowski ([appeal No. 1] ___ AD3d ___ [May 6, 2011]).

Entered: May 6, 2011 Patricia L. Morgan Clerk of the Court
Presidential Documents

32911

Federal Register

Vol. 61, No. 124

Wednesday, June 26, 1996

Title 3—

The President

Proclamation 6905 of June 24, 1996

Centers for Disease Control and Prevention Day, 1996

By the President of the United States of America

A Proclamation

This year, the Centers for Disease Control and Prevention (CDC) celebrates

50 years of service to our Nation and to people around the world. Created

from a small organization whose mission was to combat the spread of

malaria among our troops during World War II, the CDC has become our

first line of defense against disease, injury, and disability.

The CDC’s history boasts a number of notable achievements, including its

key role in the eradication of smallpox and the discovery of the causes

of Legionnaire’s disease and toxic shock syndrome. The agency has also

led efforts to control and prevent polio and other vaccine-preventable diseases, breast and cervical cancer, lead poisoning, tuberculosis, and AIDS.

Recently, the CDC has been a leader in the global efforts to fight emerging

infectious illnesses by investigating and containing diseases such as the

outbreak of plague in India and the Ebola outbreak in Africa.

The CDC’s innovative programs also address our national challenges of

chronic disease, workplace and environmental hazards, injuries, birth defects,

disabilities, and new infectious threats. In addition, the agency gathers and

analyzes scientific data to better monitor public health, provide a solid

foundation for decision-making, and detect risk factors.

While technology and medical progress have worked wonders for many,

such advances are not always available or practicable. The CDC’s prevention

efforts are essential if we are to ensure that all Americans can live in

safe, healthy communities. By immunizing our children, exercising regularly,

and making other healthy choices, each of us can join the CDC’s efforts

to build a brighter future and a stronger Nation.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States

of America, by virtue of the authority vested in me by the Constitution

and laws of the United States, do hereby proclaim July 1, 1996, as Centers

for Disease Control and Prevention Day. I call upon all the people of the

United States to join me in observing this tribute to the CDC, to recognize

the need for preventive health measures, and to strive throughout the year

to realize the CDC’s vision: Healthy people in a healthy world—through

prevention.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth

day of June, in the year of our Lord nineteen hundred and ninety-six,

and of the Independence of the United States of America the two hundred

[FR Doc. 96–16489

Filed 6–25–96; 8:45 am]

Billing code 3195–01–P

and twentieth.

œ–
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 19-30673

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

NELSON BELL, JR.,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 3:19-CR-74-1

Before SMITH, DENNIS, and DUNCAN, Circuit Judges.

PER CURIAM:*

Nelson Bell, Jr., pleaded guilty to possessing unregistered firearms, in 

violation of 26 U.S.C. § 5861(d), and was sentenced above the guidelines range 

to 72 months of imprisonment. He argues that the sentence was substantively 

unreasonable, urging that the district court failed to consider his serious 

health problems and asserting that his medical condition renders a prison 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

April 8, 2020

Lyle W. Cayce

Clerk

 Case: 19-30673 Document: 00515376388 Page: 1 Date Filed: 04/08/2020
No. 19-30673

2

sentence much harsher for him than the average inmate and mitigates his 

future dangerousness.

We review the substantive reasonableness of a sentence under a highly 

deferential abuse-of-discretion standard. United States v. Diehl, 775 F.3d 714, 

724 (5th Cir. 2015). A sentence is substantively unreasonable if it (1) does not 

account for a factor that should have received significant weight, (2) gives 

significant weight to an irrelevant or improper factor, or (3) represents a clear 

error of judgment in balancing the sentencing factors. United States v. Cooks, 

589 F.3d 173, 186 (5th Cir. 2009).

Bell’s assertion that that the district court failed to consider his health 

problems is defeated by the record. His ailments were detailed in the 

presentence report, which the district court adopted, and were further 

highlighted in his sentencing memorandum, which the district court 

specifically stated it had considered when selecting the appropriate sentence. 

The court listed at length the reasons that it found a guidelines sentence to be 

inadequate, including: the serious nature of Bell’s offense, which involved him

firing a shotgun at his wife; that Bell’s criminal history category inadequately 

reflected the nature of his criminal history; the need to protect the public from 

Bell given his history of domestic abuse and violence; and the need for 

deterrence—all of which are proper sentencing concerns. See § 3553(a); see 

also United States v. Fraga, 704 F.3d 432, 440-41 (5th Cir. 2013). The court’s 

refusal to award a within-guidelines sentence based on Bell’s mitigating 

arguments does not render the sentence imposed unreasonable. See id.

Bell has not demonstrated that the district court abused its discretion in 

selecting the sentence imposed. See Diehl, 775 F.3d at 724; Cooks, 589 F.3d at 

186. Accordingly, the district court’s judgment is AFFIRMED.

 Case: 19-30673 Document: 00515376388 Page: 2 Date Filed: 04/08/2020
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-1067

In Re: HENRY EARL MILLER,

Petitioner.

On Petition for Writ of Mandamus.

(6:04-cr-00022-HFF-3)

Submitted: March 16, 2010 Decided: March 17, 2010

Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Henry Earl Miller, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Henry Earl Miller is serving a 300-month sentence 

following his guilty plea to armed robbery, using and carrying a 

firearm during a crime of violence, and aiding and abetting 

these offenses. Miller petitions for a writ of mandamus seeking 

an order vacating his sentence and remanding to the district 

court for resentencing in light of Gall v. United States, 552 

U.S. 38 (2007). 

Mandamus is a drastic remedy to be used only in 

extraordinary circumstances, when “the petitioner has no other 

adequate means to obtain relief to which there is a clear and 

indisputable right.” In re Blackwater Sec. Consulting, L.L.C., 

460 F.3d 576, 592 (4th Cir. 2006) (internal quotations and 

citation omitted). “Courts are extremely reluctant to grant a 

writ of mandamus.” In re Beard, 811 F.2d 818, 826 (4th Cir. 

1987). 

The relief sought by Miller is not available by way of 

mandamus. Accordingly, we deny the petition for writ of 

mandamus. We also deny his motion for leave to proceed on 

direct appeal or by 28 U.S.C.A. § 2255 (West Supp. 2009) motion. 

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

PETITION DENIED
EXHIBIT 32.2

CHIEF FINANCIAL OFFICERS CERTIFICATION 
REQUIRED UNDER SECTION 906 OF 
SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Sun American Bancorp (the Company) on Form 10-KSB for the period ended December 31, 2005, as filed with the Securities and Exchange Commission (the Report), I, Robert Nichols, Chief Financial Officer of the Company, certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: March 29, 2006

|                       
|-----------------------
|/s/ ROBERTNICHOLS      
|Chief Financial Officer
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Page 33570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16427]


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


SMALL BUSINESS ADMINISTRATION

Revocation of License of Small Business Investment Company

    Pursuant to the authority granted to the United States Small 
Business Administration by the Order of the United States District 
Court of New Mexico, dated March 21, 1988, the United States Small 
Business Administration hereby revokes the license of Fluid Capital 
Corporation, a New Mexico Corporation, to function as a small business 
investment company under the Small Business Investment Company License 
No. 06/06-0224 issued to Fluid Capital Corporation on November 2, 1979 
and said license is hereby declared null and void as of January 16, 
1996.

United States Small Business Administration.

    Dated: June 20, 1996.
Don A. Christensen,
Associate Administrator for Investment.
[FR Doc. 96-16427 Filed 6-26-96; 8:45 am]
BILLING CODE 8025-01-P
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 34911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16943]


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

OFFICE OF PERSONNEL MANAGEMENT


Federal Salary Council

AGENCY: Office of Personnel Management.

ACTION: Notice of meeting.

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

SUMMARY: According to the provisions of section 10 of the Federal 
Advisory Committee Act (P.L. 92-463), notice is hereby given that the 
forty-ninth meeting of the Federal Salary Council will be held at the 
time and place shown below. At the meeting the Council will continue 
discussing issues relating to locality-based comparability payments 
authorized by the Federal Employees Pay Comparability Act of 1990 
(FEPCA). The meeting is open to the public.

DATES: July 25, 1996, at 10:00 a.m.

ADDRESSES: Office of Personnel Management, 1900 E Street NW., Room 
7B09, Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Ruth O'Donnell, Chief, Salary Systems Division, Office of Personnel 
Management, 1900 E Street NW., Room 6H31, Washington, DC 20415-0001. 
Telephone number: (202) 606-2838.

    For the President's Pay Agent:
Lorraine A. Green,
Deputy Director.
[FR Doc. 96-16943 Filed 7-2-96; 8:45 am]
BILLING CODE 6325-01-M
#### Keith GINN, Appellant, v. STATE of Missouri, Respondent.

No. WD 50438.

Missouri Court of Appeals, Western District.

June 20, 1995.

Ellen H. Flottman, Columbia, for appellant.

*606Jeremiah W. (Jay) Nixon, Atty. Gen., Mary Moulton Bryan, Asst. Atty. Gen., Jefferson City, for respondent.

Before ULRICH, P.J., and LOWENSTEIN and ELLIS, JJ.

*ORDER*

PER CURIAM.

Appeal from denial without evidentiary hearing, of movant’s motion to vacate two convictions, after guilty pleas, Rule 24.085, for distribution and delivery of a controlled substance, pursuant to Rule 24.035.

Judgment affirmed. Rule 84.16(b).
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





Pursuant
      to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, each of the undersigned officers of Pacific Copper
      Corp. (the "Company"), does hereby certify, to such officer's knowledge,
      that:





The
      Quarterly Report on Form 10-QSB for the quarter ended July 31, 2008 (the “Form
      10-QSB”) of the Company fully complies with the requirement of section 13(a) or
      15(d) of the Securities Exchange Act of 1934 and the information contained
      in
      the Form 10-QSB fairly presents, in all material respects, the financial
      condition and results of operations of the Company.





Dated:
      September 11, 2008





/s/
                Andrew A. BrodkeyAndrew
                A. Brodkey, CEO and President(Chief
                Executive Officer and President of Pacific Copper
                Corp.)





Dated:
      September 11, 2008





/s/Rakesh
                MalhotraRakesh
                Malhotra, C.A., Chief Financial Officer(Chief
                Financial Officer of Pacific Copper
                Corp.)





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Pacific Copper Corp. and will be retained by Pacific Copper Corp. and furnished
      to the Securities and Exchange Commission or its staff upon
      request.
Atteatfoaz I. L. UmJrtts 

. . ._ 

Deer 3rr. apmoa no. o-6856 

Rer T;hethcr the purpose CARUSO Ot 

tha propogsd cofporatlon le- 

&&es mare than one outhiuixed 

parP@- 
It Fa mdily aeon that tha.abwa underlined wor&agln 

the purpose cluuae of the aorporation ls UOT crxpraaa4 euthoorlead by 

th6 mlqlaag ill t&6 atatutio. aad it iti only with tbase wordn that w 

er6 diroetlg eoncernad hwe. 
ahmtrrr of the prop4ambd eorporatloa al08rl.y rtatecr a purpoas pror 

~idd r0r by ol~e or the pro~isionrr or the statut0, the wwatuy cb 

Stete must rile ,lt, mt lr ttm purpose Krause 45008 rurthar l a~la 

ue~lnolnslvm i&at it oontelu.6 two purpoaas llated in two eeguute 

eubtllvleloae of Article 1302, v.~.c.cL., the rcearotary or Xetc should 

r8ru8a to rue the charter. 

Xfthwt cnterllyy into e‘dlaousnion of lmpll~d and lnOlMntoi p0~02-i whioh are iaoluded dth ewiry byrant or 00rpor~t-e vurpoae. 

1I 10 our opinion that the parohwti ati sale oi 011 nlrcraft parts 

and epplimmces (including pareohuteo) tolqethcr with their rep&r, the 

sale of aviation fuel., oil and (3enoe end tire rat, lttafe and ahartrr 

of airore$t arc 811 rcasonnbly within the @cope of the 

ereted sn wotlon 78 or iirtlole 1302, 

p me eriuprcl , 6116 are in liu T temtl81 

eapllaneo with the provislonb thereof, 

Bwver, th6ro is one portion or the purpone alauu'anundrentuhleb wcdoaotbciJAnmay~eomebly be ina1udti withinthe 

of the buelxtec8 

miw.: ". . 

me authorir;ed by Section 7B, eupre. It is l e 

. to inrtmot ~rnons ln rlylng rsnd the moeheniec; ena 

atlam or airmt wll~a.- 

Imtruationo in rmw end tha asehanloo or alrerart a8 

dmlnlatured by 8 aehool whleh 10 guaarelly open to thr publle le 

ednaatl6R8l In Qbturc and aome.6 withla that purpooe iam duthorbmd by 

mtetnta; ~4, 5aothna 2 0rUS or Artlale 1302, V.4i.C.5. (se0 

oplnlorrof.thle dcpsrtunt numbered O-U&? dete6Ymah4,X942,hol& 

lmg $he?funonPlyl,mgZahool tobe sneducatioaeliatltitutiont&er 

aaetsoa 2 ur Artlalu 1302, VA.0 .-,I. Yram mot8 rmoatly mdalttad 

to this 0rri00 by tt repremcntrtl*c or tha 4umpantt":tm hd-8, it is ollr 

belter thettha iehoal ooutomplatar(l Leuie oS this ~tura, end &a much, 

6reetae 8 dual~parpose inthe~parpase oleuee assdasmt.
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

FREDDIE J. YOUNG,

PLAINTIFF,

v. CASE NO. 08-14475

COMMISSIONER OF SOCIAL SECURITY, HONORABLE SEAN F. COX

DEFENDANT.

_____________________________________/

ORDER 

ACCEPTING AND ADOPTING REPORT & RECOMMENDATION

Plaintiff brought this action under 42 U.S.C. §405(g) challenging a final decision of

Defendant Commissioner denying his application for benefits. Thereafter, both parties filed

cross-motions for summary judgment, which were referred to Magistrate Judge Mark A. Randon

pursuant to 28 U.S.C. §636(b)(1)(B) & (C). 

On November 3, 2009, Magistrate Judge Randon issued his R&R which recommends

that: 1) Defendant’s Motion for Summary Judgment be denied; 2) Plaintiff’s Motion for

Summary Judgment be granted; and 3) that this matter be remanded for further proceedings. 

Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a

matter by a Magistrate Judge must filed objections to the R&R within ten (10) days after being

served with a copy of the R&R. “The district judge to whom the case is assigned shall make a de

novo determination upon the record, or after additional evidence, of any portion of the magistrate

judge’s disposition to which specific written objection has been made.” Id. 

The time for filing objections to the R&R has expired and the docket reflects that neither

party has filed objections to the R&R.

2:08-cv-14475-SFC-MAR Doc # 16 Filed 12/02/09 Pg 1 of 2 Pg ID 307
2

The Court hereby ADOPTS the November 3, 2009 R&R in its entirety. IT IS

ORDERED that Defendant’s Motion for Summary Judgment is DENIED, that Plaintiff’s Motion

for Summary Judgment is GRANTED, and that this matter is REMANDED for further

proceedings addressing whether the treating physicians’ opinion should be given controlling

weight and, if not, the reasons for the weight given.

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: December 2, 2009

I hereby certify that a copy of the foregoing document was served upon counsel of record on

December 2, 2009, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager

2:08-cv-14475-SFC-MAR Doc # 16 Filed 12/02/09 Pg 2 of 2 Pg ID 308
[Federal Register Volume 61, Number 19 (Monday, January 29, 1996)]
[Sunshine Act Meetings]
[Page 2868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1658]








FEDERAL COMMUNICATIONS COMMISSION

FCC To Hold Open Commission Meeting Wednesday, January 31, 1996

    The Federal Communications Commission will hold an Open Meeting on 
the subject listed below on Wednesday, January 31, 1996, which is 
scheduled to commence at 9:30 a.m., in Room 856, at 1919 M Street, NW., 
Washington, DC.

Item No., Bureau, Subject

1--International--Title: Policy Statement on International Accounting 
    Rate Reform. Summary: The Commission will consider issuing a policy 
    statement that addresses accounting rate policies given changes in 
    the international telecommunications market.
    Additional information concerning this meeting may be obtained from 
Audrey Spivack or Maureen Peratino, Office of Public Affairs, telephone 
number (202) 418-0500.
    Dated January 24, 1996.

Federal Communications Commission.
William F. Caton,

Acting Secretary.

[FR Doc. 96-1658 Filed 1-25-96; 1:27 pm]

BILLING CODE 6712-01-F
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                                  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 Annual Report of Linkwell Corporation (the
"Company") on Form 10-KSB/A#2 for the year ended December 31, 2005 as filed with
the Securities and Exchange Commission (the "Report"), I, Xue Lian Bian, CEO of
the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS.
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 result of operations of the
Company.


                                                     /s/ Xue Lian Bian
                                                     -------------------
                                                     Xue Lian
                                                     Bian, CEO, President,
                                                     principal executive officer
                                                     and principal financial and
                                                     accounting officer
November 7 , 2006

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.