alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-START>                                 JUL-01-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         63,793
<SECURITIES>                                   0
<RECEIVABLES>                                  71,225
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               135,018
<PP&E>                                         864,556
<DEPRECIATION>                                 153,419
<TOTAL-ASSETS>                                 846,155
<CURRENT-LIABILITIES>                          269,817
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       3,180,083
<OTHER-SE>                                     (2,603,715)
<TOTAL-LIABILITY-AND-EQUITY>                   846,135
<SALES>                                        28,349
<TOTAL-REVENUES>                               28,349
<CGS>                                          16,461
<TOTAL-COSTS>                                  470,014
<OTHER-EXPENSES>                               192,289
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (650,415)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (650,415)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (650,415)
<EPS-PRIMARY>                                  (.08)
<EPS-DILUTED>                                  (.08)
        


</TABLE>
I

107TH CONGRESS

1ST SESSION H. R. 2004

To provide for the establishment of a Department of Agriculture research

program to enhance and develop the nitrogen-fixing ability of legumes

and other commercial crops.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 2001

Mr. SMITH of Michigan introduced the following bill; which was referred to

the Committee on Agriculture

A BILL

To provide for the establishment of a Department of Agriculture research program to enhance and develop the

nitrogen-fixing ability of legumes and other commercial

crops.

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

3 SECTION 1. DEPARTMENT OF AGRICULTURE RESEARCH

4 PROGRAM ON NITROGEN-FIXING BY PLANTS.

5 (a) RESEARCH PROGRAM.—The Secretary of Agri6 culture shall make it a priority to establish a research pro7 gram, directly or through grants—
2

•HR 2004 IH

1 (1) to enhance the nitrogen-fixing ability and

2 efficiency of legumes;

3 (2) to develop new varieties of legumes that fix

4 nitrogen more efficiently; and

5 (3) to develop new varieties of other commer6 cially important crops that potentially are able to fix

7 nitrogen.

8 (b) FUNDING SOURCE.—From funds available to the

9 Secretary for agricultural research, the Secretary shall use

10 not less than $5,000,000 to carry out this section.

Æ
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

COASTAL INDUSTRIES, INC.,

Appellant

v.

SHOWER ENCLOSURES AMERICA, INC.,

Cross-Appellant

______________________

2019-1431, 2019-1472

______________________

Appeals from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2017-

00573.

______________________

JUDGMENT

______________________

JOSEPH P. KINCART, SR., Rogers Towers, P.A., Jacksonville, FL, argued for appellant. Also represented by TRACE 

HUNTER JACKSON; ANDRES ARRUBLA, Coastal Industries, 

Inc., Jacksonville, FL. 

 RYAN MATTHEW FOUNTAIN, Mishawaka, IN, argued for 

cross-appellant. 

 ______________________

THIS CAUSE having been heard and considered, it is 
ORDERED and ADJUDGED:

 PER CURIAM (WALLACH, TARANTO, and CHEN, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

 January 9, 2020 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court
9

A.5. Average Effective Interest Rates on Non-real-estate Bank Loans Made to FarmersPercent

Size of loan Si

Purpose of loan (thousands of dollars) 

Other Farm 

current machinery 1 10 25 100

All Feeder Other operating and to to to and Sma

Period loans livestock livestock expenses1 equipment Other2 9 24 99 over mid-

1991...... 9.8 10.2 11.0 10.4 11.3 8.6 11.5 11.2 10.7 9.2 

1992...... 7.8 8.2 8.6 8.8 9.3 6.3 9.7 9.3 8.8 7.1 

1993...... 7.5 8.0 8.1 8.1 8.7 6.2 9.0 8.7 8.3 6.9 1994...... 7.8 8.3 8.0 8.4 8.6 7.0 9.1 8.8 8.6 7.3 1995...... 9.5 10.1 10.2 10.0 10.3 8.8 10.6 10.5 10.3 9.0 

1996...... 8.4 8.8 9.5 8.6 9.7 8.0 10.2 10.1 9.8 7.8 

1997...... 9.2 9.6 9.8 9.9 9.8 8.5 10.2 10.0 9.9 8.8 

1998...... 9.0 9.4 9.7 9.6 9.3 8.0 10.1 9.9 9.7 8.4 

1999...... 8.7 9.1 9.1 9.2 8.8 7.6 9.7 9.5 9.3 8.1 

2000...... 9.7 9.8 9.9 9.9 9.3 9.3 10.3 10.2 10.1 9.4 

2001...... 7.8 7.6 8.0 8.4 8.3 7.0 9.1 8.7 8.3 7.3 

2002...... 5.9 6.1 5.8 6.4 6.7 4.8 7.3 7.0 6.5 5.3 1999: Q2... 8.8 9.0 9.1 9.1 8.2 7.9 9.5 9.4 9.2 8.3 

 Q3... 9.0 9.0 9.1 9.2 9.0 8.5 9.7 9.6 9.4 8.4 

 Q4... 9.2 9.3 9.2 9.4 9.4 8.6 9.9 9.7 9.4 8.8 

2000: Q1... 9.2 9.2 9.3 9.5 8.0 9.2 9.8 9.7 9.5 9.0 

 Q2... 9.7 9.6 9.9 9.9 10.1 9.2 10.3 10.1 10.0 9.4 

 Q3... 10.2 10.4 10.2 10.3 10.1 9.6 10.7 10.7 10.4 9.8 

 Q4... 10.0 10.0 10.3 10.3 10.3 9.4 10.6 10.5 10.3 9.7 

2001: Q1... 9.1 9.6 9.6 9.6 9.2 8.3 10.1 9.8 9.6 8.7 

 Q2... 8.3 8.3 8.6 8.6 8.1 7.8 9.2 8.9 8.6 7.9 

 Q3... 7.7 7.8 7.5 8.1 8.2 6.9 8.9 8.5 8.0 7.1 

 Q4... 6.2 6.2 6.3 6.8 7.4 5.3 7.9 7.4 6.8 5.5 

2002: Q1... 6.3 6.5 5.6 6.8 6.7 5.2 7.6 7.2 6.7 5.7 

 Q2... 6.2 6.1 6.3 6.4 7.1 5.3 7.2 6.9 6.4 5.6 

 Q3... 5.7 6.3 6.1 6.0 6.3 4.7 7.3 7.0 6.5 4.9 

 Q4... 5.5 5.6 5.4 6.2 7.2 4.2 7.1 6.7 6.2 4.8 

 Note. Data are estimates from the Federal Reserve System’s Survey of the Terms of Bank Lending to Farmers. Effective (compoundcalculated from the stated rate and other terms of the loans and weighted by loan size. Quarterly estimates are expressed as an annual loans made during the first full week of the second month of the quarter. 1. Loans used primarily to finance such items as current crop production expenses and the care and feeding of livestock (including p 2. Typically loans for which the lender does not know the purpose. 3. Portfolios with $25 million or less in farm loans. 4. Portfolios with more than $25 million in farm loans.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001023334
<NAME> MEGO MORTGAGE CORP.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          AUG-31-1997
<PERIOD-START>                             SEP-01-1996
<PERIOD-END>                               FEB-28-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          20,447
<SECURITIES>                                         0
<RECEIVABLES>                                   11,134
<ALLOWANCES>                                       372
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                           2,260
<DEPRECIATION>                                     444
<TOTAL-ASSETS>                                 110,379
<CURRENT-LIABILITIES>                                0
<BONDS>                                         10,986
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           123
<OTHER-SE>                                      44,086
<TOTAL-LIABILITY-AND-EQUITY>                   110,379
<SALES>                                              0
<TOTAL-REVENUES>                                25,016
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                15,555
<LOSS-PROVISION>                                 5,516
<INTEREST-EXPENSE>                                  98
<INCOME-PRETAX>                                  9,461
<INCOME-TAX>                                     3,611
<INCOME-CONTINUING>                              5,850
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,850
<EPS-PRIMARY>                                     0.51
<EPS-DILUTED>                                     0.51
        

</TABLE>
* Pursuant to 5 TH 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 5 TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________ No. 04-51408

_____________________ UNITED STATES OF AMERICA Plaintiff - Appellee

v. JAIME GLORIA-CERVANTES Defendant - Appellant

--------------------- Appeal from the United States District Court for the

Western District of Texas, Del Rio

2:04-CR-586-ALL

--------------------- Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM: *
IT IS ORDERED that Appellee’s unopposed motion to vacate the sentence is GRANTED. IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand the case to the Western District of Texas, Del Rio Division for resentencing is GRANTED. IT IS FURTHER ORDERED that Appellee’s alternative request for an extension of time to file the Appellee’s brief 14 days from the denial of Appellee’s motion to vacate and remand is DENIED as unnecessary. United States Court of Appeals Fifth Circuit 

## F I L E D June 1, 2005 Charles R. Fulbruge III Clerk
Item 6 (a), Exhibit 11

Western Pennsylvania Adventure Capital Fund, LLC

Schedule of Computation of Earnings Per Unit

For the Periods



|                                             |  |                                        |           |   |                                        |   |           |  
|-------------------------------------------- |  | -------------------------------------- | --------- | - | -------------------------------------- | - | --------- | -
|                                             |  | January 1, 2007 through March 31,
2007 |           |   | January 1, 2006 through March 31,
2006 |  
|                                             |  | (unaudited)                            |           |   | (unaudited)                            |  
|Net income (Loss)                            |  | $                                      | (16,282   | ) |                                        | $ | (28,481   | )
|                                             |  |                                        |           |   |                                        |   |           |  
|Weighted Average Number of Units Outstanding |  |                                        | 4,222,870 |   |                                        |   | 4,222,870 |  
|                                             |  |                                        |           |   |                                        |   |           |  
|Earnings (Loss) per Unit                     |  | $                                      | (0.00     | ) |                                        | $ | (0.01     | )
|                                             |  |                                        |           |   |                                        |   |           |
B.6. Distribution of Agricultural Banks by the Share of Their Total Loans that are Nonperforming

Percent

Less than 20.0 percent

2.0 2.0-4.9 5.0-9.9 10.0-14.9 15.0-19.9 and

Period Total percent percent percent percent percent over

1995...... 100.0 83.4 14.0 2.1 .3 .1 .1

1996...... 100.0 81.9 15.4 2.3 .2 .1 .1

1997...... 100.0 84.5 12.9 2.5 .1 .1 .0

1998...... 100.0 81.7 15.1 2.8 .3 ... .1

1999...... 100.0 84.8 12.6 2.4 .3 .0 ...

2000...... 100.0 85.0 12.8 1.8 .3 ... ...

2001...... 100.0 80.0 17.3 2.5 .1 .0 ...

2002...... 100.0 79.7 17.1 2.8 .2 .1 ...

2003...... 100.0 81.2 15.0 3.3 .4 .1 .0

2004...... 100.0 85.3 12.7 1.7 .2 .1 ...

2005...... 100.0 87.2 10.7 1.9 .2 ... ...

2006...... ... ... ... ... ... ... ...

1997: Q1... 100.0 79.1 16.7 3.7 .4 .1 .1

 Q2... 100.0 80.5 15.8 3.2 .3 ... .1

 Q3... 100.0 81.8 15.2 2.7 .2 .1 .1

 Q4... 100.0 84.5 12.9 2.5 .1 .1 .0

1998: Q1... 100.0 80.6 16.3 2.8 .1 .1 .1

 Q2... 100.0 80.8 15.9 2.9 .3 .1 .0

 Q3... 100.0 80.3 16.2 3.1 .3 .1 .0

 Q4... 100.0 81.7 15.1 2.8 .3 ... .1

1999: Q1... 100.0 77.2 17.8 4.5 .5 .0 .0

 Q2... 100.0 78.7 16.9 3.8 .6 ... ...

 Q3... 100.0 80.4 15.9 3.4 .3 .0 ...

 Q4... 100.0 84.8 12.6 2.4 .3 .0 ...

2000: Q1... 100.0 81.8 14.8 2.9 .5 .0 ...

 Q2... 100.0 82.2 15.1 2.4 .3 .0 .0

 Q3... 100.0 83.0 14.9 1.7 .4 .0 ...

 Q4... 100.0 85.0 12.8 1.8 .3 ... ...

2001: Q1... 100.0 80.3 16.9 2.6 .2 .1 ...

 Q2... 100.0 80.2 16.6 3.0 .2 .1 ...

 Q3... 100.0 78.7 17.8 3.2 .3 ... ...

 Q4... 100.0 80.0 17.3 2.5 .1 .0 ...

2002: Q1... 100.0 76.8 19.3 3.7 .2 .0 ...

 Q2... 100.0 76.8 19.6 3.1 .4 .0 ...

 Q3... 100.0 77.8 18.8 3.2 .2 .0 ...

 Q4... 100.0 79.7 17.1 2.8 .2 .1 ...

2003: Q1... 100.0 75.4 19.9 4.1 .3 .2 .0

 Q2... 100.0 76.2 19.2 4.0 .4 .1 .1

 Q3... 100.0 77.7 18.3 3.6 .3 .1 .0

 Q4... 100.0 81.2 15.0 3.3 .4 .1 .0

2004: Q1... 100.0 79.2 17.2 3.2 .2 .1 .0

 Q2... 100.0 81.3 15.1 3.2 .3 .0 .1

 Q3... 100.0 82.1 15.1 2.4 .2 .1 .0

 Q4... 100.0 85.3 12.7 1.7 .2 .1 ...

2005: Q1... 100.0 84.4 13.3 2.0 .2 .0 ...

 Q2... 100.0 85.7 12.0 2.0 .3 .0 ...

 Q3... 100.0 85.7 12.4 1.8 .1 ... ...

 Q4... 100.0 87.2 10.7 1.9 .2 ... ...

2006: Q1... 100.0 85.6 12.6 1.7 .1 ... ...

 Note. Nonperforming loans are loans in nonaccruing status or past due 90 days or more. Renegotiated or restructured

loans in compliance with the modified terms are not included. Agricultural banks are defined in the introduction to section B.

Yearly data are as of December 31. Quarterly data are as of end of quarter.

 ... Not applicable.

26
IB

Union Calendar No. 257

107TH CONGRESS

2D SESSION H. R. 1906

[Report No. 107–435]

To amend the Act that established the Pu’uhonua O Honaunau National

Historical Park to expand the boundaries of that park.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mrs. MINK (for herself and Mr. ABERCROMBIE) introduced the following bill;

which was referred to the Committee on Resources

MAY 3, 2002

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 17, 2001]

A BILL

To amend the Act that established the Pu’uhonua O

Honaunau National Historical Park to expand the

boundaries of that park.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1906 RH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Pu‘uhonua o Ho ̄naunau

3 National Historical Park Addition Act of 2002’’.

4 SEC. 2. ADDITIONS TO PU‘UHONUA O HO ̄ NAUNAU NA5 TIONAL HISTORICAL PARK.

6 The first section of the Act of July 26, 1955 (69 Stat.

7 376, ch. 385; 16 U.S.C. 397), is amended—

8 (1) by striking ‘‘That, when’’ and inserting the

9 following:

10 ‘‘SECTION 1. (a) When’’; and

11 (2) by adding at the end thereof the following

12 new subsections:

13 ‘‘(b) The boundaries of Pu‘uhonua o Ho ̄naunau Na14 tional Historical Park are hereby modified to include ap15 proximately 238 acres of lands and interests therein within

16 the area identified as ‘Parcel A’ on the map entitled

17 ‘Pu‘uhonua o Ho ̄naunau National Historical Park Pro18 posed Boundary Additions, Ki‘ilae Village’, numbered

19 PUHO–P 415/82,013 and dated May, 2001.

20 ‘‘(c) The Secretary of the Interior is authorized to ac21 quire approximately 159 acres of lands and interests there22 in within the area identified as ‘Parcel B’ on the map ref23 erenced in subsection (b). Upon the acquisition of such

24 lands or interests therein, the Secretary shall modify the

25 boundaries of Pu‘uhonua o Ho ̄naunau National Historical

26 Park to include such lands or interests therein.’’.
3

•HR 1906 RH

1 SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums as

3 may be necessary to carry out this Act.
Union Calendar No. 257

107TH CONGRESS

2D SESSION H. R. 1906

[Report No. 107–435]

A BILL

To amend the Act that established the Pu’uhonua

O Honaunau National Historical Park to expandthe boundaries of that park.

MAY 3, 2002

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed
Exhibit 10.20

                          NON-BINDING LETTER OF INTENT

      The parties hereto desire to enter into this letter of intent, which is
not binding on either party hereto, is dated this 10th day of January, 2004, and
is between TZ Mediacl Inc., on the one hand, and Recom Managed Systems, Inc., on
the other hand.

      WHEREAS Recom Managed Systems, Inc. is a life sciences company in the
business of utilizing its patented and proprietary technologies in order to
develop devices that monitor signals from the human body. TZ Medical Inc. -which
is in the medical supply business - owns an FDA approved one lead medical device
know as Cardio Sentry. Cardio Sentry is available for prescription use (called
Cardio Sentry RX) and it is also available for over the counter use (called OTC
Cardio Sentry). Both devices have FDA Approval.

      WHEREAS, the parties have reached a non-binding understanding whereby
Recom shall purchase all right, title and interest in and to the OTC Cardio
Sentry device, as well as purchasing an exclusive license in or to the Cardio
Sentry RX device.

NOW, THEREFORE, the parties agree:

      1.    Recom shall purchase the OTC Cardio Sentry device and all writings
            associated therewith.

      2.    Recom shall purchase an exclusive license for the Cardio Senrty RX
            device and all writings associated therewith.

      3.    Recom shall pay approximately 500,000 shares of its restricted
            common stock out of its treasury for the purchase, in a manner that
            is tax advantageous to TZ Medical as may be identified and
            structured by the professionals for TZ Medical and Recom.

      4.    The parties shall work in good faith for an additional arrangement
            whereby Recom shall utilize TZ's manufacturing facilities and
            monitoring centers not only for the Cardio Sentry devices, but along
            all Recom's business lines.

      WHEREFORE, the parties have signed this non-binding letter of intent to
outline their general agreements and to now pave the way for final documentation
and due diligence necessary to close the transactions by February 1, 2004.

TZ Medical Inc.                         Recom Managed Systems, Inc.


By: /s/ Byron G. Zahler                 By: /s/ Marvin Fink
   --------------------------------        -------------------------------------
Name: Byron G. Zahler                   Name: Marvin Fink
Its:  Secretary                         Its: Secretary
Address: 7272 SW Durham Road            Address: 4705 Laurel Canyon Blvd.
         Suite 800                               Suite 203
         Portland, OR 97224                      Studio City, CA 91607
Phone Number: (503) 639-0282            Phone Number: (818) 432-4560
E Mail: BZ@TZ Medical.com               E Mail: mfink@recom-systems.com
##### 



Exhibit 4.4
 EXECUTION COPY  December 29, 2000
   WARRANT TO PURCHASE
LAFARGE CORPORATION COMMON STOCK
   Securities Exchange Act of 1934




---



##### 



EXECUTION COPY  December 29, 2000
       2




---



##### 



EXECUTION COPY  December 29, 2000
      3




---



##### 



EXECUTION COPY  December 29, 2000
     4




---



##### 



EXECUTION COPY  December 29, 2000
   5




---



##### 



EXECUTION COPY  December 29, 2000
        6




---



##### 



EXECUTION COPY  December 29, 2000
    7




---



##### 



EXECUTION COPY  December 29, 2000
      8




---



##### 



EXECUTION COPY  December 29, 2000
    9




---



##### 



EXECUTION COPY  December 29, 2000
    10




---



##### 



EXECUTION COPY  December 29, 2000
      11




---



##### 



EXECUTION COPY  December 29, 2000
     LAFARGE CORPORATIONAttest:
    
    /s/ William G. Miller
    
    
    
    By:
    
    /s/ Larry J. WaisanenWilliam G. Miller
    
    
    
    
    
    Larry J. WaisanenAssistant Secretary
    
    
    
    
    
    Executive Vice President andChief Financial Officer
 12




---



##### 



ASSIGNMENT




---



##### 



NOTICE OF EXERCISE
  
  
 
  14
Exhibit
15(a) 21
 
 Subsidiaries
of the Registrant
  Percentageof
      VotingSecuritiesState
      of
    
    Owned
      ByIncorporation
    
    RegistrantCompupower
      Corporation
    
    
    Delaware
    
    
    100
    %Value
      Line Securities, Inc.
    
    
    New
      York
    
    
    100
    %The
      Vanderbilt Advertising Agency, Inc.
    
    
    New
      York
    
    
    100
    %Value
      Line Publishing, Inc.
    
    
    New
      York
    
    
    100
    %Value
      Line Distribution Center, Inc.
    
    
    New
      Jersey
    
    
    100
    %
 
 
  49
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

HORACE L. JACKSON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 218 EAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 3rd day of October, 2018, the Petition for Allowance of Appeal is 

DENIED.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 08-cr-77-01-SM

Scott Richard

O R D E R

Defendant Richard’s motion to continue the final pretrial conference and

trial is granted (document 9). Trial has been rescheduled for the November

2008 trial period. Defendant Richard shall file a waiver of speedy trial rights

not later than August 29, 2008. On the filing of such waiver, his continuance

shall be effective. 

The Court finds that the ends of justice served by granting a continuance

outweigh the best interest of the public and the defendant in a speedy trial, 18

U.S.C. § 3161(h)(8)(B)(iv), in that failure to grant a continuance would

unreasonably deny defendant the reasonable time necessary for effective

preparation taking into account the exercise of due diligence under the

circumstances. 

Final Pretrial Conference: October 27, 2008 at 11:30 a.m.

Jury Selection: November 4, 2008 at 9:30 a.m.

Case 1:08-cr-00077-SM Document 10 Filed 08/19/08 Page 1 of 2
2

SO ORDERED.

____________________________

Steven J. McAuliffe

 Chief Judge

August 19, 2008

cc: Jessica Brown, Esq.

Arnold Huftalen, AUSA

US Probation

US Marshal

Case 1:08-cr-00077-SM Document 10 Filed 08/19/08 Page 2 of 2
#### The People of the State of New York, Respondent, v Tony Curtis, Appellant.

[806 NYS2d 883]

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Parker, J.), rendered January 26, 2004, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the amended judgment is affirmed.

*620Contrary to the People’s contention, the defendant did not effectively waive his right to appeal his sentence (see *People v Messenger,*7 AD3d 642 [2004]; *People v Boustani,*300 AD2d 313 [2002]; *People v Dongo,*244 AD2d 353 [1997]). However, the sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contentions regarding his sentence are without merit. Cozier, J.P., Luciano, Fisher and Covello, JJ., concur.