alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

BRYAN GORDON
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 12

- 3128

[May 18, 2016 ]

Appeal of order denying rule 3.85 0 motion from the Circuit Court for

the Nineteenth Judicial Circuit, St. Lucie County ; Dan L. Vaughn , Judge;

L.T. Case No. 2005CF000797A

.

Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Cynthia L.

C omras, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Bryan Gordon appeals the denial of a rule 3.850 motion following an evidentiary hearing. Gordon’s motion raised five claims. The trial court granted an evidentiary hearing on claims 1 through 4. Following the hearing, the court granted relief on claim 2, ordering resentencing. The court denied claims 1, 3, and 4 and “all other requested relief.” Although the court did not expressly discuss claim 5, we conclude that it was

s ummarily denied, and because the claim was insufficient, we affirm.

In claim 5

, appellant alleged his attorneys were ineffective for filing a motion to mitigate his sentence rather than a rule 3.170( l ) motion to withdraw his plea. Appellant alleged that he was prejudiced by counsel filing the wrong motion because the issue was not preserved for appeal. Counsel’s failure to preserve an issue for appeal does not show the prejudice necessary to establis h an ineffective assistance of counsel claim

under Strickland v. Washington , 466 U.S. 668 (1984). Strobridge v. State

, 1 So. 3d 1240, 1242 (Fla. 4th DCA 2009). Strickland prejudice focuses on the proceeding being challenged, here the plea proceedings in the trial- 2

- court. See Strobridge , 1 So. 3d at 1242 (discussing Carratelli v. State , 961 So. 2d 312 (Fla. 2007)). Appellant did not demonstrate through his other

claims or a ny additional allegations that withdrawal of his plea was necessary to correct a manifest injustice and that there was a reasonable probability a rule 3.170( l ) motion would have been granted.

We affirm the summary denial of claim 5 and affirm without com ment
the denial of the other claims.

Affirmed

.

G ROSS
, L EVINE and C ONNER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
ΑBCs of NASA

Space Technology

National Aeronautics and

Space Administration

Technology drives exploration to the Moon, Mars, 

and beyond. NASA’s Space Technology Mission 

Directorate (STMD) develops transformative space 

technologies to enable future missions. 

STMD engages and inspires thousands of entrepreneurs, 

researchers, and innovators, creating a community of 

America’s best and brightest working on the Nation’s 

toughest challenges. Space technology research and 

development take place at NASA Centers, universities, 

and national labs.

www.nasa.gov
| (logo) WELLS FARGO | **Corporate Trust Services**MAC R1204-0109062 Old Annapolis RoadColumbia, MD 21045Tel: 410 884 2000 Fax: 410 715 2380 |
|--------------------|-----------------------------------------------------------------------------------------------------------------------|

 RE: Annual Statement of Compliance for GS Mortgage Securities Corporation II Commercial Mortgage Pass-Through Certificates, Series 2014-GC24  Per the Pooling and Servicing Agreement dated as of September 1, 2014 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2015 (the "Reporting Period"): (a) A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under such officer's supervision; and (b) To the best of such officer's knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.  March 1, 2016  /s/ Brian SmithBRIAN SMITHVice President   Wells Fargo Bank, N.A.
#### American Metal Climax, Inc., and Continental Illinois National Bank and Trust Company of Chicago *v.*State Board of Tax Commissioners: Carlton L. Phillippi, Chairman, Taylor I. Morris, Member, Durwood S. Strang Member.

[No. 1-1273A212.

Filed March 6, 1974.]

*469
      *Joseph D. Geeslin, Jr.,*of Indianapolis, for appellants.

*Theodore L. Sendalc,*Attorney General, *John L. Hess,*Deputy Attorney General, for appellee.

On the Appellee’s Motion to Dismiss

Per Curiam

This cause is pending before the Court on the Appellees’ Motion to Dismiss which alleges that the appellants failed to file their praecipe within thirty days after the trial court overruled the motion to correct errors. We have examined the record and find the appellees’ contention is true. Specifically, the record shows the following entry for September 10,1973:

> “Court hears argument on motion to correct errors and overrules the motion.”

The next entry in the record is dated November 1, 1973, and reads:

> “Comes now the plaintiff and files praecipe for transcript herein.”

The motion to corect errors was filed May 29, 1973, therefore Rule AP. 2(A) as amended applies, and governs the disposition of this case. Since more than thirty days elapsed after the ruling on the motion to correct errors before the appellants filed the praecipe, the appellants’ right to appeal has been forfeited, and the appellees’ motion to dismiss must be sustained. *Bell*v. *Wabash Valley Trust Company*(1972), *470154 Ind. App. 575, 290 N.E.2d 454; *Brennan*v. *National Bank & Trust Co. of South Bend*(1972), 153 Ind. App. 628, 288 N.E.2d 573; *Sears, Roebuck and Co.*v. *Hutchens*(1973), 260 Ind. 561, 297 N.E.2d 807. The appellants have not filed any response in opposition to the motion to dismiss, and nothing appears in the record by way of mitigating circumstance which might cause disposition of this case pursuant to *Soft Water Utilities, Inc.*v. *LeFevre*(1973), 261 Ind. 260, 301 N.E.2d 745.

The Appellees’ Motion to Dismiss is sustained and this cause is dismissed.

Note. — Reported at 307 N.E.2d 507.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Company's  unaudited  financial  statements for the quarter ended March 31, 1999
and is qualified in its entirety by reference to such financial statements.
</LEGEND>

<CIK>                         0000892160
<NAME>                        Derma Sciences, Inc.

       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                  JAN-1-1999
<PERIOD-END>                                   MAR-31-1999
<CASH>                                           2,039,975
<SECURITIES>                                             0
<RECEIVABLES>                                    1,855,870
<ALLOWANCES>                                             0
<INVENTORY>                                      1,602,018
<CURRENT-ASSETS>                                 5,766,670
<PP&E>                                             387,552
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   7,886,818
<CURRENT-LIABILITIES>                            2,889,808
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<PREFERRED>                                         50,709
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<TOTAL-LIABILITY-AND-EQUITY>                     7,886,818
<SALES>                                          2,583,818
<TOTAL-REVENUES>                                 2,583,818
<CGS>                                              898,962
<TOTAL-COSTS>                                      898,962
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                   (468,941)
<INCOME-TAX>                                             0
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<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from September
30, 1997 Financial Statements and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
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<CASH>                                          10,377
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<RECEIVABLES>                                   12,270
<ALLOWANCES>                                    (4,327)
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<PP&E>                                          28,517
<DEPRECIATION>                                 (10,739)
<TOTAL-ASSETS>                                  98,300
<CURRENT-LIABILITIES>                           18,031
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        82,256
<OTHER-SE>                                      (3,433)
<TOTAL-LIABILITY-AND-EQUITY>                    98,300
<SALES>                                              0
<TOTAL-REVENUES>                                 7,403
<CGS>                                            5,390
<TOTAL-COSTS>                                   18,051
<OTHER-EXPENSES>                                  (515)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (10,133)
<INCOME-TAX>                                    (3,323)
<INCOME-CONTINUING>                             (6,810)
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<NET-INCOME>                                    (6,810)
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</TABLE>
Exhibit 32.3

 

**Certification of Chief Financial Officer**

 

          Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc. (the “Company”) hereby certifies, to the best of such officer’s knowledge, that:

 

    (i)          the accompanying Quarterly Report on Form 10-Q of the Company for the quarterly period ended May 3, 2008 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the        Securities Exchange Act of 1934, as amended; and

 

    (ii)         the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

| Dated: June 10, 2008 |
|----------------------|

 

| /s/ Douglas G. Markham  |
|-------------------------|
| Douglas G. Markham      |
| Chief Financial Officer |
#### Reddington *v.*Hamilton and Others.

The Circuit Court, in trying an appeal from an order of the board of county commissioners directing the change of a road, acts as a Court of original jurisdiction, and should have before it the original papers.

ERROR to the *Decatur*Circuit Court.

Dewey, J.

The board of commissioners of *Decatur*county ordered and adjudged that a certain road should be changed. An appeal was taken to the Circuit Court, which also made the same order, and gave judgment against the appellant (who ‘objected in both Courts against the change) for costs.

The Circuit Court tried the cause upon a transcript of the record of the proceedings of the board of commissioners.

*63
      *J. H. Bradley,*for the plaintiff.

This was erroneous. We have heretofore decided that a Circuit Court is to try an appeal from an order of the of county commissioners *de novo,*as a Court of original jurisdiction, and not as a Court of errors; and that to give it jurisdiction in a cause like this, it is necessary that the original petition for the change of a road, and the original report of the commissioners, appointed upon such petition to view the road proposed to be changed, should be before it. *Beeler*v. *Hantsch,*5 Blackf. 594. In this cause such was not the fact. The petition is not set out even in the transcript of the record of the proceedings of the board of commissioners, though the report is.

*Per Curiam.*

The judgment is reversed with costs. Cause remanded, &c.
**Exhibit 32.1**

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND

CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

 

In connection with the Annual Report of Cargo Connection Logistics Holding, Inc. (the "Company") on Form 10-KSB/A for the year ending December 31, 2007 as filed with the Securities and Exchange Commission (the "Report"), I, Scott Goodman of the Company, Chief Financial Officer and I, Jesse Dobrinsky, Chief Executive 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 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 of the Company as of the dates presented and the results of operations of the Company. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Dated: May 22, 2008

 

 
|   |
|--------|
|   | /s/ Jesse Dobrinsky |
|   | Jesse Dobrinsky |
|   | Chief Executive Officer |

 

 

 

 

 
|   |
|--------|
|   | /s/ Scott Goodman |
|   | Scott Goodman |
|   | Chief Financial Officer |

 

 

 

 
|   |   |   |
|--------|--------|--------|
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Thornburg Mortgage, Inc. (the “Company”) on Form 10-Q/A for the period ending June 30, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, Larry A. Goldstone, President and Chief Operating Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that: 

 

(1) The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

 

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

/s/ Larry A. Goldstone 

 

Larry A. Goldstone 

President and Chief Operating Officer 

August 18, 2003
* Pursuant to 5 TH C IR . 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 C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 11, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-11287 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus IGNACIO LARES-MERAZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas

USDC No. 6:06-CR-37

-------------------- Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Ignacio LaresMeraz (Lares) raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. Lares also raises arguments that are foreclosed by United States v. Mejia-Huerta , 480 F.3d 713, 723 (5th Cir. 2007), petition for cert. filed , 75 U.S.L.W. 3585 (U.S. Apr. 18, 2007) (No. 06-1381), which held that the district court is not required to provide notice prior to sentencing of its suaNo. 06-11287 -2- sponte intention to impose a non-Guidelines sentence. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
II 

108TH CONGRESS 

1ST SESSION S. 1759

To amend the Internal Revenue Code of 1986 to reduce the holding period 

to 12 months for purposes of determining whether horses are section 

1231 assets. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2003

Mr. BUNNING introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL

To amend the Internal Revenue Code of 1986 to reduce 

the holding period to 12 months for purposes of determining whether horses are section 1231 assets.

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

3 SECTION 1. REDUCTION OF HOLDING PERIOD TO 12 

4 MONTHS FOR PURPOSES OF DETERMINING 

5 WHETHER HORSES ARE SECTION 1231 AS6 SETS. 

7 (a) IN GENERAL.—Subparagraph (A) of section 

8 1231(b)(3) of the Internal Revenue Code of 1986 (relating 
2

•S 1759 IS 

1 to definition of property used in the trade or business) 

2 is amended by striking ‘‘and horses’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply to taxable years beginning after 

5 December 31, 2003.

Æ
Exhibit 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF 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 ManTech International Corporation (the
Company) Quarterly Report on Form 10-Q for the period ending June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), we, George J. Pedersen, Chairman of the Board and Chief
Executive Officer of the Company, and Kevin M. Phillips, 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 Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: July 31, 2009



|       |  |                                                               
|------ |  | --------------------------------------------------------------
|By:    |  | /s/ GEORGE J. PEDERSEN                                        
|Name:  |  | George J. Pedersen                                            
|Title: |  | Chairman of the Board of Directors and Chief Executive Officer
|       | 
|By:    |  | /s/ KEVIN M. PHILLIPS                                         
|Name:  |  | Kevin M. Phillips                                             
|Title: |  | Chief Financial Officer                                       



29
No. 87-1408.

#### Aiello *v.*Martin et al.

C. A. 9th Cir. Certiorari denied.
**Exhibit 31.1****CERTIFICATION**I, Fred W. Wagenhals, certify that:1. I have reviewed this quarterly report on Form 10-Q of Action Performance Companies, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrants fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonable likely to materially affect, the registrantsinternal control over financial reporting; and5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   /s/ Fred W. Wagenhals     Fred W. Wagenhals  Chief Executive Officer  August 9, 2005