alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff—Appellee, v. Rueben Nathaniel McDOWELL, Defendant—Appellant.

No. 02-30231.

D.C. No. CR-01-00124-SEH.

United States Court of Appeals, Ninth Circuit.

Submitted March 10, 2003.*

Decided March 21, 2003.

*988Before CANBY, O’SCANNLAIN, and T.G. NELSON, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Rueben Nathaniel McDowell appeals the sentence imposed after his guilty-plea conviction to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 841. We dismiss for lack of jurisdiction.

At sentencing, McDowell requested a downward departure because he had been incarcerated for a related state drug felony conviction and because of his extraordinary post-offense rehabilitation. Although the district court did not depart on these grounds, it did expressly take them into account in sentencing McDowell to the low-end of the guideline range.

McDowell contends on appeal that his sentence should be vacated because the district court did not explicitly decline to depart from the Sentencing Guidelines on these two grounds. He argues that the district court’s silence on this issue should be treated the same as if it concluded that it lacked the power to depart. This argument is foreclosed by our decision in *United States v. Garda-Garda,*927 F.2d 489, 491 (9th Cir.1991) (holding that “[ujnder these circumstances we will assume that the district court knows and applies the law correctly, realizes that it does have authority to depart, but concludes that it would be inappropriate to do so on the facts of the particular case.”). Thus, we lack jurisdiction to review the district court’s discretionary decision (even if implicitly made) not to depart from the Sentencing Guidelines. *United States v. Davis,*264 F.3d 813, 816-17 (9th Cir.2001); *see also United States v. Ladum,*141 F.3d 1328,1344 (9th Cir.1998).

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Exhibit
        32.2
  
 **CERTIFICATION
      OF PRINCIPAL FINANCIAL OFFICER**


**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 Arotech Corporation (the “Company”) on Form
        10-K/A for the year ended December 31, 2006 filed with the Securities and
        Exchange Commission (the “Report”), I, Thomas J. Paup, Vice President - Finance
        and Chief Financial Officer of the Company, pursuant to 18 U.S.C. Section
        1350,
        as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby
        certify that the 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.
  /s/ Thomas
            J.
            Paup
 Thomas
            J. Paup, Vice
            President - Finance and CFO
 (Principal
            Financial
            Officer)
 Date:
              April 30, 2007
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 24, 2017

p1017 

# Order

Clerk October 24, 2017

155753

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 155753

COA: 335554

St. Joseph CC: 09

- 015638

- FC

ANTHONY JOHN SPRINGER

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 9, 2017 order

of the Court of Appeals is considered, and it is DENIED, because the defendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

B ERNSTEIN , J., would grant leave to appeal.
221 So.2d 404

#### Harold BARNES v. STATE.

8 Div. 344.

Supreme Court of Alabama.

April 10, 1969.

• Ralph E. Slate, Decatur, for petitioner.

MacDonald Gallion, Atty. Gen., and. David W. Clark, Asst. Atty. Gen., opposed.

'Certiorari to Court of Appeals.

LAWSON, Justice.

Petition of Harold Barnes for certiorari to the Court of Appeals to review and revise the judgment and decision in Barnes v. State, 45 Ala.App. 6, 221 So.2d 399.

Writ denied.

LIVINGSTON, C. J., and' MERRILL and HARWOOD, JJ., concur.
CHASE



                    SUBSERVICER COMPLIANCE STATEMENT


RE: CMLTI 2006-HE1: The Pooling and Servicing Agreement by and among Option
One Mortgage Corporation as Servicer, Citigroup Mortgage Loan Trust Inc. as
Depositor, Citibank, N.A. as Trustee Administrator, U.S. Bank National
Association as Trustee, Wells Fargo Bank Minnesota as Servicer, Clayton Fixed
Income Services as Credit Risk Manager, Citibank West, FSB as Custodian, and
JPMorgan Chase Bank NA as Servicer (the "Agreement")

The undersigned, each a duly authorized officer of Chase Home Finance LLC
("CHF"), do hereby certify that:

                 (1)   CHF is a Subservicer under the Agreement

                 (2)   A review of the activities of CHF during the calendar
year ending December 31, 2006 and of the performance of CHF under the
Agreement has been made under our supervision; and

                 (3)   To the best of our knowledge, based on such review, CHF
has fulfilled all its obligations under the Agreement in all material respects
throughout such year.

Capitalized terms used but not defined herein shall have the meanings assigned
in the Agreement.


Date: 02/28/2007
                               Chase Home Finance LLC,
                               as Subservicer

                               By:/s/ Kim Greaves
                               --------------------------------------
                               Name: Kim Greaves
                               Title: Senior Vice President
                               Servicing Manager


                               By:/s/ Jim Miller
                               --------------------------------------
                               Name: Jim Miller
                               Title: Senior Vice President
                                      Default Servicing Manager
Exhibit 32.2

                Certification of CEO and CFO 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 Report of Paradise, Inc. on Form
10-QSB for the period ending June 30, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Jack M.
Laskowitz, as Chief Financial Officer of Paradise, Inc., 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:


     1.   The Report fully complies with the requirements of Section 13(a)
          or 15(d) of the Securities and 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 Paradise, Inc.



       /s/ Jack M. Laskowitz            Date:  August 13, 2005
       -----------------------------
       Jack M. Laskowitz
       Chief Financial Officer and Treasurer
J-S64036-14 

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA 

 Appellee 

v. 

DONALD HAGNER 

 Appellant No. 1132 WDA 2014 

Appeal from the Judgment of Sentence June 27, 2014 

In the Court of Common Pleas of Fayette County 

Criminal Division at No(s): CP-26-CR-0002011-2013 

BEFORE: GANTMAN, P.J., BENDER, P.J.E., and LAZARUS, J. 

MEMORANDUM BY GANTMAN, P.J.: FILED OCTOBER 24, 2014 

 Appellant, Donald Hagner, appeals from the judgment of sentence 

entered in the Fayette County Court of Common Pleas, following his guilty 

plea to four (4) counts of aggravated indecent assault and one (1) count of 

corruption of minors.1 We affirm. 

 In its opinion, the trial court fully sets forth the relevant facts and 

procedural history of this case. Therefore, we have no reason to restate 

them. 

 Appellant raises two issues for our review: 

IS IT UNCONSTITUTIONAL TO REQUIRE...APPELLANT TO 

REGISTER FOR A LIFETIME WHEN SAID REGISTRATION 

____________________________________________ 

1

 18 Pa.C.S.A. §§ 3125(a)(1), (a)(2), (a)(7), (a)(8), and 6301(a)(1), 

respectively. 
J-S64036-14 

- 2 - 

REQUIREMENT EXCEEDS THE STATUTORY MAXIMUM 

PENALTY FOR APPELLANT’S OFFENSE? 

IS THE ADAM WALSH STATUTE UNCONSTITUTIONAL IN 

REQUIRING...APPELLANT TO REGISTER FOR A LIFETIME? 

(Appellant’s Brief at 7). 

 Pennsylvania law states that registration requirements under the 

Sexual Offender Registration and Notification Act (“SORNA”), 42 Pa.C.S.A. 

§§ 9799.10-9799.41, do not constitute criminal punishment. 

Commonwealth v. McDonough, 96 A.3d 1067 (Pa.Super. 2014). In 

McDonough, this Court rejected the argument that mandating compliance 

with SORNA by offenders, who have served their maximum term, is 

unconstitutional. Id. 

 After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable Gerald R. 

Solomon, we conclude Appellant’s issues merit no relief. The trial court 

opinion discusses and properly disposes of the questions presented. (See

Trial Court Opinion, filed July 28, 2014, at 2-4) (finding: registration 

requirements imposed by SORNA are remedial, not punitive; registration is 

properly characterized as collateral consequence of defendant’s plea; 

application of registration requirements is not limited by factors which 

control imposition of sentence; offender who has served maximum term can 

still be required to comply with SORNA registration requirements; thus, 

application of lifetime registration under SORNA to Appellant is not 
J-S64036-14 

- 3 - 

unconstitutional). Accordingly, we affirm on the basis of the trial court 

opinion. 

 Judgment of sentence affirmed. 

Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 10/24/2014 
Circulated 10/14/2014 03:38 PM
Circulated 10/14/2014 03:38 PM
Circulated 10/14/2014 03:38 PM
Circulated 10/14/2014 03:38 PM
**Exhibit 23.1**

 

 

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

We consent tothe incorporation by reference in Registration Statement Nos. 033-95702,033-97542, 333-02828, 333-02892, 333-20245, 333-24493, 333-30328, 333-40185 and333-123434 of Protection One, Inc. on Form S-8, and in RegistrationStatement No. 333-50383 of Protection One, Inc. and Protection OneAlarm Monitoring, Inc. on Form S-3, of our report datedMarch 16, 2006, relating to the consolidated financial statements and consolidatedfinancial statement schedule of Protection One, Inc., appearing in thisAnnual Report on Form 10-K of Protection One, Inc. and Protection OneAlarm Monitoring, Inc. for the year ended December 31, 2005.

 
| /s/ Deloitte  & Touche LLP |   |
|--------------------------------|--------|
|                           |
| Kansas City,  Missouri         |
| March 16,  2006                |

 

----
#### Isaac Weiss, Appellant, v. Levi M. Rosenthal and Louis Katz, Respondents.

Order of the Municipal Court affirmed, with costs. No opinion. Woodward, Jenks, Hooker, Rich and Miller, JJ., concurred.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 760 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 760

                    For the relief of Henry Johnson.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 1995

 Mr. McNulty introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL

 
                    For the relief of Henry Johnson.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the time 
limitations specified in section 3744(b) of title 10, United States 
Code, shall not apply with respect to awarding a medal of honor under 
section 3741 of such title to Henry Johnson (service number 10-33-48) 
for acts of heroism during World War I while a sergeant in the United 
States Army.

                                 <all>
```
#### The People of the State of New York, Respondent, v Pedro Hernandez, Also Known as Carlos Rivera, Appellant.

[680 NYS2d 74]

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered on or about February 2, 1995, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.
Exhibit 32.1



| |  |                                                                                                                                      |  | 
| |  | ------------------------------------------------------------------------------------------------------------------------------------ |  | 
| |  | Certification of CEO and CFO 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 Report of Paradise, Inc. on Form 10-Q for the period
ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Melvin S. Gordon, as Chief Executive Officer of Paradise, Inc., 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:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and 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 Paradise, Inc.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     |  |                        
|------------------------------------ |  | -----------------------
|/s/ Melvin S. Gordon                 |  | Date: November 13, 2009
|Melvin S. Gordon                     |  |                        
|Chief Executive Officer and Chairman |  |
Exhibit 99.2

                            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  Quarterly   Report  on  Form  10-Q  of  nStor
Technologies,  Inc. (the  "Company") for the period ended  September 30, 2002 as
filed with the Securities and Exchange  Commission on the date hereof (the "Form
10-Q"), I, Thomas L. Gruber,  Chief Financial  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:

        (1) The Form 10-Q 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 Form 10-Q fairly presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.


/s/ Thomas L. Gruber
-----------------------
Thomas L. Gruber
Chief Financial Officer
November 11, 2002
Exhibit 10.1

nStor Technologies, Inc100 Century BoulevardWest Palm Beach, Florida 33414

April 30, 2004

Hilcoast Development Corp.100 Century BlvdWest Palm Beach, FL 33417Attn: Mark F. Levy

Dear Mr. Levy:

We have agreed to the following amendments to that certain Promissory Note, dated June 30, 2003, in the amount of $2,806,744 (the “Note”), which was amended on December 31, 2003 increasing the outstanding principal of the Note to $2,919,937 with amaturity date of April 30, 2004 (the “Amended Note”), payable by nStor Technologies, Inc. to Hilcoast Development Corp., copies of which are attached hereto.

1)         The maturity date of the Amended Note is hereby extended from April 30, 2004  to July 31, 2004 (“Maturity”).

2)         Accrued and unpaid interest on the Amended Note through April 30, 2004 in the amount of $77,227 is hereby added to the $2,919,937 principal amount of the Amended Note so that as of the date hereof, the principalamount of the Amended Note has been increased to $2,997,164 (the “New Principal Amount”).  Interest at the rate of eight percent (8%) per annum will accrue on the unpaid New Principal Amount and be payable at Maturity.

Except as set forth in this letter, the Note remains unmodified and in full force and effect.

Please indicate your concurrence with the foregoing.

Sincerely,

                                                                                               Hilcoast Development Corp.

                                                                                               Agreed:/s/ JackJaiven                                                                         By:  /s/ Mark F. LevyJackJaiven                                                                                          Mark F. LevyVice President andTreasurer                                                               Vice President and Secretary
I

104TH CONGRESS

1ST SESSION H. R. 82

To deny visas to aliens involved with the foreign expropriation of property

of United States persons.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. DIAZ-BALART introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To deny visas to aliens involved with the foreign

expropriation of property of United States persons.

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

3 SECTION 1. DENIAL OF VISAS TO ALIENS INVOLVED WITH

4 THE FOREIGN EXPROPRIATION OF PROP5 ERTY OF UNITED STATES PERSONS.

6 The Secretary of State shall deny a visa to any alien

7 who is a corporate officer, principal, or shareholder of an

8 entity which the Secretary of State determines or is in9 formed by competent authority has been involved in the

10 confiscation, purchase, receipt, or subsequent unauthor-
2

HR 82 IH

1 ized use or benefit from property of any United States

2 person which has been expropriated in a foreign country.

Æ
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### UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 97-1784

Corestates Bank v. Huls America, Inc.

The following modifications have been made to t he Court's Opinion issued on May 11, 1999 , to the above-e ntitled appeal and will appear as part of the final version of the opinion:

1. On page 8, first full paragraph, line 11, the word Assn. should be changed to Ass'n.
2. On page 13, in footnote 11, line 6, add af ter the first use of the words "Title 11" the following:
[The Bankruptcy Title], and delete the co mma that follows "Title 11"; and delete the words (emphasis and).

3. On page 18, line 14, add a hyphen between the words non and core, (to read "non-core").
4. On page 21, first full paragraph, line 9, delete the word "the" before the word "many."
5. On page 23, first paragraph, line 15, afte r the word "provide" add the words "a more" and delete the "an " before the word "appropriate."

Very truly yours,

/s/ P. Douglas Sisk, Clerk

Dated: June 8, 1999
```

[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Page 49229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19234]

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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration 11272]

Iowa Disaster Number IA-00016

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 7.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Iowa (FEMA--
1763--DR), dated 05/27/2008.
    Incident: Severe Storms, Tornadoes, and Flooding.
    Incident Period: 05/25/2008 and continuing.
    Effective Date: 08/12/2008.
    Physical Loan Application Deadline Date: 07/28/2008.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/27/2009.

ADDRESSES: Submit completed loan applications to:
    U.S. Small Business Administration, Processing and Disbursement 
Center, 14925 Kingsport Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: M. Mitravich, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of Iowa, 
dated 05/27/2008, is hereby amended to include the following areas as 
adversely affected by the disaster.
    Primary Counties: Cherokee.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James E Rivera,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E8-19234 Filed 8-19-08; 8:45 am]
BILLING CODE 8025-01-P
```