alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Herman Ortiz, Appellant.

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered on February 1, 1989, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree and sentencing defendant to an indeterminate term of from five years’ to life imprisonment, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. *(People v Farrar,*52 NY2d 302, 305.)

Further, defendant was sentenced in accordance with his plea bargain and within statutory regulations. "Having received the benefit of his bargain, defendant should be bound by its terms.” *(People v Felman,*141 AD2d 889, 890, *lv denied*72 NY2d 918.) Concur—Sullivan, J. P., Milonas, Rosenberger and Smith, JJ.
#### People v Angel Espada, Defendant.

Motion granted and time to take appeal extended upon condition that a notice of appeal is filed and served by August 13, 1990. Memoran*917dum: Defense counsel has been guilty of "improper conduct” *(see,*CPL 460.30) in failing to comply with 22 NYCRR 1022.11 (a). Present—Callahan, J. P., Denman, Boomer, Green, Law-ton, JJ.
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 36917

STATE OF IDAHO,

Plaintiff-Respondent,

v.

RANDALL MARK OSTERHOUT,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2010 Unpublished Opinion No. 491

Filed: June 2, 2010

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin 

Falls County. Hon. Randy J. Stoker, District Judge. 

Order denying I.C.R. 35 motion for reduction of sentence, affirmed.

Molly J. Huskey, State Appellate Public Defender; Sarah E. Tompkins, Deputy 

Appellate Public Defender, Boise, for appellant. 

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

General, Boise, for respondent. 

______________________________________________

Before LANSING, Chief Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Randall Mark Osterhout entered an Alford1plea to possession of a controlled substance, 

methamphetamine. I.C. § 37-2732(c)(1). In exchange for his guilty plea, an allegation that 

Osterhout was a persistent violator was dismissed. The district court sentenced Osterhout to a 

unified term of ten years, with a minimum period of confinement of two years, to run concurrent 

with an unrelated sentence. Osterhout filed an I.C.R. 35 motion, which the district court denied. 

Osterhout appeals.

 

1

See North Carolina v. Alford, 400 U.S. 25 (1970). 
2

A motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency, 

addressed to the sound discretion of the court. State v. Knighton, 143 Idaho 318, 319, 144 P.3d 

23, 24 (2006); State v. Allbee, 115 Idaho 845, 846, 771 P.2d 66, 67 (Ct. App. 1989). In 

presenting a Rule 35 motion, the defendant must show that the sentence is excessive in light of 

new or additional information subsequently provided to the district court in support of the 

motion. State v. Huffman, 144 Idaho 201, 203, 159 P.3d 838, 840 (2007). Upon review of the 

record, including the new information submitted with Osterhout’s Rule 35 motion, we conclude 

no abuse of discretion has been shown. Therefore, the district court’s order denying Osterhout’s 

Rule 35 motion is affirmed.
MANAGEMENT
        LLC
  ANNUAL
        STATEMENT AS TO COMPLIANCE
 OFFICER'S
        CERTIFICATE
   Re:
        COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES
        2006-IQ11
  As
        an
        authorized officer of Babson Capital Management LLC, I certify that (i) a
        review
        of the activities of the Subservicer, for the period ending December 31,
        2006,
        and of its performance under the Primary Servicing Agreement dated as of
        June 1,
        2006 and the Pooling and Servicing Agreement, dated as of June 1, 2006 (the
        Agreements), has been made under my supervision, (ii) to the best of my
        knowledge, based on such review, Babson Capital Management, LLC has fulfilled
        all of its obligations under the Agreements in all material respects throughout
        the aforementioned period, with the following exception: The monthly
        reconciliations of escrow and principal & interest for one of the seven
        months of the service period were not prepared within the 25 calendar days
        as
        specified in the service agreement; and (iii) has received no notice regarding
        qualification, or challenging the status, of any portion of the Trust Fund
        as a
        REMIC for the Internal Revenue Service or any other governmental agency or
        body.
  Babson
        Capital Management LLC
  Dated:
        February 28,
        2007                       By: /s/ Joanne
        Denver
 Joanne Denver
 Its: Managing Director
      1500
        Main
        Street •Springfield, MA01115
• Tel+1.413.226.1000 •Toll Free+1.888.428.8809 
• www.babsoncapital.com
Exhibit 10.1

 

 

 


                                                                                                    


                                                              Re:          Board of Director Compensation - -



                                                                                                                Restricted
Stock Unit Award 

 



Dear __________: 



        The
purpose of this letter is to confirm that, effective ____________, ______, you have been
awarded ________ restricted stock units of Talbots stock under the Talbots Director ______
Plan as part of your compensation for service as a Talbots director. [Pursuant to the
stock ownership guidelines which are part of the approved director compensation program,
________ of these share units will be mandatorily deferred into the Director Deferred
Compensation Program until the date of cessation of your service on the Board.] 



        The
______ share units awarded will be subject to a _____ [year] [monthly] vesting period
established under the program, and will therefore vest on ___________. At such time,
______ shares will be issued to you in your name [and the balance will be deferred
until you leave the Board]. 



        The
Talbots Human Resource Department will provide you with additional information in the near
future on other particulars of the program. In the interim, please let me know if I can
assist in any way. 



                                                                                                        Very
truly yours, 



                                                                                                          



                                                                                                        


Richard
T. O’Connell, Jr.



                                                                                                       


 Secretary 



 


RTOC:LM 



Enc.
#### Mrs. Lizzie WILSON, Plaintiff-appellee, v. WYATT LUMBER MANUFACTURING COMPANY, Incorporated, Defendant-appellant.

No. 6293.

Court of Appeal of Louisiana. Second Circuit.

June 18, 1941.

Rehearing Denied July 7, 1941.

J. S. Pickett, of Many, for appellant.

J. Reuel Boone and Olin D. Moore, both of Many, for appellee.

DREW, Judge.

This is a companion suit to No. 6292, entitled Miller v. Wyatt Lumber Manufacturing Company, Incorporated, 3 So. 2d 565, decided by us this day. The cases were consolidated for trial below and here.

For the reasons assigned in No. 6292, the judgment of the lower court is now reversed and the demands of plaintiff are rejected at her costs in both courts.
##### 



EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, being the Chief Financial Officer of Archstone-Smith
Operating Trust, a Maryland real estate investment trust (the Issuer), hereby
certifies, that the Quarterly Report on Form 10-Q (the Periodic Report) of
the Issuer for the quarter ended June 30, 2003, which accompanies this
certification, fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. §78m(a)) and that the information
contained in the Periodic Report fairly presents, in all material respects, the
financial condition and results of operations of the Issuer.

Date:    August 7, 2003

| |                                                 
| | ------------------------------------------------
| | /S/ CHARLES E. MUELLER, JR                      
| |                                                 
| | Charles E. Mueller, Jr., Chief Financial Officer
EXHIBIT 10.3 



 


Performance Criteria
for 2005 under Restricted Stock Unit Awards 






Granted to Executive Officers
on March 8, 2005 






under the
Company’s 2000 Stock Award and Incentive Plan 



 

        For
2005, the performance criteria under Restricted Stock Unit awards granted to executive
officers on March 8, 2005, which criteria were approved by the Compensation Committee of
the Company’s Board of Directors, relate to earnings per share achieved in 2005 and
return on invested capital achieved in 2005.
[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Notices]
[Page 52948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21163]


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

EXPORT-IMPORT BANK OF THE UNITED STATES


Notice of Open Special Meeting of the Sub-Saharan Africa Advisory 
Committee (SAAC) of the Export-Import Bank of the United States 
(Export-Import Bank)

    Summary: The Sub-Saharan Africa Advisory Committee was established 
by Public Law 105-121, November 26, 1997, to advise the Board of 
Directors on the development and implementation of policies and 
programs designed to support the expansion of the Bank's financial 
commitments in Sub-Saharan Africa under the loan, guarantee and 
insurance programs of the Bank. Further, the committee shall make 
recommendations on how the Bank can facilitate greater support by U.S. 
commercial banks for trade with Sub-Saharan Africa.
    Time and Place: October 8, 2008 at 2 p.m. to 5 p.m. The meeting 
will be held at the Export-Import Bank in Room 1143, 811 Vermont 
Avenue, NW., Washington, DC 20571.
    Agenda: Discussion will focus on U.S. Ex-Im Bank's Medium-Term 
Delegated Authority, Export Credit Agency (ECA) Competitiveness, 
Analysis of ECA financing in sub-Saharan Africa, application of the 
local content policy as well as on-going Business Development efforts 
and discussion relative to the 2008 SAAC Report to Congress.
    Public Participation: The meeting will be open to public 
participation, and the last 10 minutes will be set aside for oral 
questions or comments. Members of the public may also file written 
statement(s) before or after the meeting. If any person wishes 
auxiliary aids (such as a sign language interpreter) or other special 
accommodations, please contact, prior to October 8, 2008, Barbara 
Ransom, Room 1241, 811 Vermont Avenue, NW., Washington, DC 20571, 
Voice: (202) 565-3525 or TDD (202) 565-3377.
    Further Information: For further information, contact Barbara 
Ransom, Room 1241, 811 Vermont Avenue, NW., Washington, DC 20571, (202) 
565-3525.

Kamil Cook,
Deputy General Counsel.
[FR Doc. E8-21163 Filed 9-11-08; 8:45 am]
BILLING CODE 6690-01-M
CHARLES E. ROOD JR.

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 4146

____ _________________________/

Opinion filed January 6, 2015.

An appeal from an order of the Circuit Court for Escambia County

. Linda L. Nobles , Judge

.

Charles E. Rood Jr. , pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assist ant Attorney

General, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

THOMAS, ROWE, and OSTERHAUS, JJ., CONCUR.
```

[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Notices]
[Page 53033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21037]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Dental & Craniofacial Research; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Dental and Craniofacial 
Research Special Emphasis Panel; Review R13s, F31s, R03.
    Date: October 15, 2008.
    Time: 11:30 a.m. to 1 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn, El Tropicano Riverwalk, 110 Lexington 
Avenue, San Antonio, TX 78205.
    Contact Person: Mary Kelly, Scientific Review Officer, 
Scientific Review Branch, National Inst of Dental & Craniofacial 
Research, NIH 6701 Democracy Blvd, Room 672, MSC 4878, Bethesda, MD 
20892-4878, 301-594-4809, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93121, Oral 
Diseases and Disorders Research, National Institutes of Health, HHS)

    Dated: September 4, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-21037 Filed 9-11-08; 8:45 am]
BILLING CODE 4140-01-M
```
As of April 29, 2004

Chyron Corporation

5 Hub Drive

Melville, New York 11747

Gentlemen:



Chyron Corporation (the "Borrower") is  this day entering into a Loan and Security Agreement (the "Loan Agreement") with Silicon Valley Bank (the "Bank").  All capitalized terms used herein have the same meanings herein as in the Loan Agreement.



This letter is intended to set forth certain additional terms and conditions (the "Supplemental Agreements") which the Borrower is obligated to comply with in connection with the loan arrangement evidenced by the Loan Agreement.  Specifically:



1. The Borrower has advised the Bank that it intends to maintain its investment accounts with Merrill Lynch and C.E. Unterberg, Towbin (CEUT).

2. The Bank has agreed to allow the Borrower to maintain such accounts provided that the Borrower hereby agrees that it shall (i) maintain assets with a value of no more than $150,000.00 at any one time in its Merrill Lynch account and, (ii)  maintain assets with a value of no more than $10,000.00 at any one time in its C.E. Unterberg, Towbin (CEUT) account.  To the extent the value of any such account exceeds the respective maximum amount set forth above, the Borrower shall, within three days, cause such excess assets and/or funds to be transferred to the Bank or its affiliate.



The failure of the Borrower to comply with the foregoing provisions shall constitute an Event of Default under the Loan Agreement, without any notice or grace period.



If the foregoing correctly sets forth our understanding, please indicate your assent below.



|Very truly yours,                 
|----------------------------------
|                                  
|SILICON VALLEY BANK, d/b/a Silicon
|Valley East                       
|                                  
|                                  
|By: /s/ Nancy E. Funkhouser       
|Nancy E. Funkhouser               
|Title: VP                         
|                                  
|                                  
|AGREED:                           
|CHYRON CORPORATION                
|                                  
|By: /s/ Gerald J. Kieliszak       
|Gerald J. Kieliszak               
|Title: Sr. Vice President & CFO
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          13,185
<SECURITIES>                                       150
<RECEIVABLES>                                  151,945
<ALLOWANCES>                                     2,087
<INVENTORY>                                    172,710
<CURRENT-ASSETS>                               406,722
<PP&E>                                       3,212,734
<DEPRECIATION>                               1,374,203
<TOTAL-ASSETS>                               2,360,196
<CURRENT-LIABILITIES>                          292,412
<BONDS>                                        712,100
<COMMON>                                        32,722
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                     906,409
<TOTAL-LIABILITY-AND-EQUITY>                 2,360,196
<SALES>                                      1,207,641
<TOTAL-REVENUES>                             1,207,641
<CGS>                                        1,029,268
<TOTAL-COSTS>                                1,029,268
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              37,148
<INCOME-PRETAX>                                 52,908
<INCOME-TAX>                                    19,576
<INCOME-CONTINUING>                             33,332
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    33,332
<EPS-PRIMARY>                                     1.15
<EPS-DILUTED>                                     1.15
        

</TABLE>
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Pages 52353-52354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20666]


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

FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD


Notice of Exposure Draft

AGENCY: Federal Accounting Standards Advisory Board.

ACTION: Notice of exposure draft, Reporting Comprehensive Long-Term 
Fiscal Projections for the U.S. Government.

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

    Board Action: Pursuant to the Federal Advisory Committee Act (Pub. 
L. No. 92-463), as amended, and the FASAB Rules of Procedure, as 
amended in

[[Page 52354]]

October, 1999, notice is hereby given that the Federal Accounting 
Standards Advisory Board (FASAB) has issued an exposure draft, 
Reporting Comprehensive Long-Term Fiscal Projections for the U.S. 
Government. The proposed standard would establish reporting 
requirements for the consolidated financial report of the United States 
Government (CFR) to address the question of whether the government's 
future budgetary resources are likely to be sufficient to sustain 
public services and meet obligations as they come due. The exposure 
draft is available on the FASAB home page http://www.fasab.gov/exposure.html. Copies can be obtained by contacting FASAB at (202) 512-
7350. Respondents are encouraged to comment on any part of the 
proposal.
    Written comments are requested by January 5, 2009, and should be 
sent to: Wendy M. Payne, Executive Director, Federal Accounting 
Standards Advisory Board, 441 G Street, NW., Suite 6814, Mail Stop 
6K17V, Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: Wendy Payne, Executive Director, 
FASAB, 441 G Street, NW., Washington, DC 20548, or call (202) 512-7350.

    Authority: Federal Advisory Committee Act, Pub. L. No. 92463.

    Dated: September 2, 2008.
Charles Jackson,
Federal Register Liaison.
[FR Doc. E8-20666 Filed 9-8-08; 8:45 am]
BILLING CODE 1610-01-M
IA

107TH CONGRESS

1ST SESSION H. J. RES. 8

Proposing a balanced budget amendment to the Constitution of the United

States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 31, 2001

Mr. JENKINS (for himself, Mr. DUNCAN, Mr. ENGLISH, Mr. ROGERS of Michigan, Mr. SIMMONS, Mr. NETHERCUTT, Mr. GOODE, Mr. LARGENT, Ms.

HART, Mr. LOBIONDO, Mr. CASTLE, Mrs. NORTHUP, Mr. SCHAFFER,

and Mr. TERRY) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing a balanced budget amendment to the Constitution

of the United States.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when

7 ratified by the legislatures of three-fourths of the several

8 States within seven years after the date of its submission

9 for ratification:
2

•HJ 8 IH

1 ‘‘ARTICLE—

2 ‘‘SECTION 1. Total expenditures for any fiscal year

3 shall not exceed total revenues for that fiscal year, unless

4 three-fifths of the whole number of each House of Con5 gress shall provide by law for a specific excess of expendi6 tures over revenues by a rollcall vote.

7 ‘‘SECTION 2. The Congress may waive the provisions

8 of this article for any fiscal year in which a declaration

9 of war is in effect. The provisions of this article may be

10 waived for any fiscal year in which the United States is

11 engaged in military conflict which causes an imminent and

12 serious military threat to national security and is so de13 clared by a joint resolution, adopted by a majority of the

14 whole number of each House, which becomes law.

15 ‘‘SECTION 3. The Congress shall enforce and imple16 ment this article by appropriate legislation, which may rely

17 on estimates of outlays and receipts.

18 ‘‘SECTION 4. Total revenues shall include all receipts

19 of the United States Government except those derived

20 from borrowing. Total expenditures shall include all out21 lays of the United States Government except for those for

22 repayment of debt principal.
3

•HJ 8 IH

1 ‘‘SECTION 5. This article shall take effect beginning

2 with the second fiscal year beginning after its ratifica3 tion.’’.

Æ