alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America Plaintiff — Appellant, v. Jose Antonio SILVA-SEGURA Defendant—Appellee.

No. 03-40030.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Aug. 27, 2003.

*373Mitchel Neurock, US Attorney’s Office, Laredo, TX, James Lee Turner, Assistant US Attorney, US Attorney’s Office, Houston, TX, for Plaintiff-Appellant.

Roland E. Dahlin, II, Federal Public Defender, Marissa Perez-Garcia, Aurora Ruth Bearse, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellee.

Before KING, Chief Judge, and HIGGINBOTHAM and WIENER, Circuit Judges.

PER CURIAM.*

The Government appeals from the sentence imposed on Jose Antonio Silva-Segura (“Silva”) for illegal reentry following deportation. The Government contends that the district court erred by failing to impose a 16-level upward adjustment to Silva’s offense level pursuant to U.S.S.G. § 2L1.2(b)(l)(A) for a previous conviction of transporting aliens for financial gain, an offense the Government argues was a conviction of an alien smuggling offense committed for profit. Silva concedes error but presents an argument against the 16-level adjustment to preserve the issue for further review.

Transporting aliens for profit is an “alien smuggling offense committed for profit,” U.S.S.G. § 2L1.2(b)(l)(A), warranting the 16-level upward adjustment. *United States v. Solis-Campozano,*312 F.3d 164, 167 (5th Cir.2002), *cert. denied,*— U.S. —, 123 S.Ct. 1811, 155 L.Ed.2d 689 (2003). Pursuant to *SolisCampozano,*which was decided after the imposition of sentence on Silva, a 16-level adjustment was appropriate for Silva’s conviction of transporting aliens for financial gain.

VACATED AND REMANDED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Exhibit 32.2  

 

**Certification of President and Chief Executive 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 November 3, 2007 (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: December 11, 2007 |
|--------------------------|

 

| /s/ Sandra B. Cochran                 |
|---------------------------------------|
| Sandra B. Cochran                     |
| President and Chief Executive Officer |
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
BOOKS-A-MILLION, INC. CONSOLIDATED BALANCE SHEETS, CONSOLIDATED STATEMENTS OF
INCOME AND CONSOLIDATED STATEMENTS OF CASH FLOWS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FORM 10-Q FOR THE NINE MONTHS ENDED OCTOBER 31,
1998.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               OCT-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           3,485
<SECURITIES>                                         0
<RECEIVABLES>                                   20,472
<ALLOWANCES>                                       218
<INVENTORY>                                    193,259
<CURRENT-ASSETS>                               223,886<F1>
<PP&E>                                         114,965
<DEPRECIATION>                                  48,118
<TOTAL-ASSETS>                                 292,273<F2>
<CURRENT-LIABILITIES>                          142,501
<BONDS>                                              0<F3>
<PREFERRED-MANDATORY>                                0<F4>
<PREFERRED>                                          0
<COMMON>                                           174
<OTHER-SE>                                     101,174
<TOTAL-LIABILITY-AND-EQUITY>                   292,273
<SALES>                                        231,386
<TOTAL-REVENUES>                               231,386
<CGS>                                          174,258
<TOTAL-COSTS>                                  221,223
<OTHER-EXPENSES>                                 9,703
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,626
<INCOME-PRETAX>                                 (3,166)
<INCOME-TAX>                                    (1,203)
<INCOME-CONTINUING>                             (1,963)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (1,963)
<EPS-PRIMARY>                                    (0.11)<F5>
<EPS-DILUTED>                                    (0.11)<F5>
<FN>
<F1><OTHER CURRENT ASSETS>                       6,888
<F2><OTHER ASSETS>                               1,540
<F3><LONG TERM DEBT>                            46,917
<F4><DEFERRED INCOME TAXES>                      1,507
<F5><THE EARNINGS PER SHARE CALCULATIONS HAVE BEEN PREPARED IN ACCORDANCE WITH 
SFAS NO. 128 AND BASIC AND DILUTED EARNINGS PER SHARE HAVE BEEN ENTERED IN PLACE 
OF PRIMARY AND FULLY DILUTED, RESPECTIVELY.
</FN>
        

</TABLE>
EXHIBIT 31.2CERTIFICATIONI, David A. Arkowitz, certify that:1. I have reviewed this Annual Report on Form 10-K of Idenix Pharmaceuticals,Inc.; 2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control overfinancial reporting (as defined in Exchange Act Rules 13a-15(f) and15d-15(f)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b) Designed such internal control over financial reporting, or causedsuch internal control over financial reporting to be designed underour supervision, to provide reasonable assurance regarding thereliability of financial reporting and the preparation of financialstatements for external purposes in accordance with generally acceptedaccounting principles;  c) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  d) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of registrant’s boardof directors (or persons performing the equivalent functions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal
<PAGE>   1
                                                                    EXHIBIT 23.1



                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-42834) pertaining to the Cysive, Inc. Amended and Restated
1994 Stock Option Plan, of our reports dated February 8, 2001 with respect to
the financial statements and financial statement schedule of Cysive, Inc.,
included in the Annual Report (Form 10-K) for the year ended December 31, 2000.

                                              /s/ Ernst & Young LLP

McLean, Virginia
March 30, 2001
FILED

United States Court of Appeals

Tenth Circuit

July 21, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JONATHAN LEE RICHES, a/k/a

Bernard Madoff, d/b/a Conrad Murray,

p/k/a Sorrell Trope,

 Plaintiff - Appellant,

v.

DREW BREES, d/b/a NEW ORLEANS

SAINTS SUPERBOWL XLIV

QUARTERBACK, et al.,

 Defendant - Appellee.

No.10-1266

(D.C. No. 1:10-CV-00421-ZLW)

ORDER

The captioned appeal is dismissed for lack of prosecution pursuant to 10th Cir. R.

42.1.

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1266 Document: 01018461480 Date Filed: 07/21/2010 Page: 1
#### Taylor and Others *v.*Sanford and Another.

An entry of bail for the stay of execution, made after the judgment has ceased to be repleviable, cannot stand as a judgment, or be the foundation of an execution.

ERROR, to the *Elkhart*Circuit Court.

Dewey, J.

Motion to set aside an execution, levy, and sale. Motion granted. The facts were as follows: On the 29th of *September,*1840, *Taylor, Freeman,*and Co., recovered a judgment in the Circuit Court against *G. N. Martin*for 517 dollars and 92 cents in debt. On the first day of *November,*1841, an arrangement was made between the parties to the judgment, *C. Martin,*and Sanford, in consequence of which the two latter, under their hands and seals, made the following entry on the order-book of the Circuit Court, in vacation, in the presence of the clerk and immediately under the judgment, viz., “We, the undersigned, hereby acknowledge ourselves replevin-bail and security for the payment of the above judgment and interest in manner following, to wit, one hundred dollars within sixty days from this date, and the balance thereof in three equal annual instalments in one, two, and three years from this date; provided that no execution shall at any time issue for any greater sum than shall be actually due upon said judgment, according to the foregoing stipulations, at the time of the issuing of said execution.” On the 28th of *May,*1844, an execution was issued upon the judgment and entry aforesaid against *G. N Martin, C. Martin,*and *Sanford,*on which the sheriff levied and sold land belonging to *C. Martin*and *Sanford; Taylor,*one of the execution-creditors, being the purchaser. The motion to set aside the execution, levy, and sale, was made by *C. Martin*and *Sanford.*

The statute governing this cause provided, that a judgment-debtor should have the privilege of a stay of execution on a judgment for more than one hundred dollars, for one hundred and eighty days from the date of the judgment, by causing one or more sureties to enter themselves on the record, in open Court, or before the clerk in vacation, bail for the payment of the judgment, interest, &c.; that such entry should *170be considered as, and have the force and effect of, a judgment confessed in a Court of record against such bail; and that an execution might issue thereon. R. S. 1838, p. 280.

*J. L. Jernegan,*for the plaintiffs.

*W. W. Wick*and *L. Barbour,*for the defendants.

An entry of bail for the stay of execution is entirely a matter of statutory regulation; and to have the effect given it by the statute, it must conform to the statute. The judgment against *G. N. Martin*had ceased to be repleviable several months before *C. Martin*and *Sanford*made the above-mentioned entry on the order-book. Their undertaking therefore was not within the statute; and whatever force it may have as a contract (a matter which we do not decide) it cannot stand as a judgment, or be the foundation of an execution. The Circuit Court was correct in setting aside the execution, levy, and sale.

*Per Curiam.*

The judgment is affirmed with costs.
ADDENDUM TO EMPLOYMENT AGREEMENT

         This Addendum (the  "Addendum") is made effective as of the 15th day of
December,  1999 and is intended  to amend a certain  Employment  Agreement  (the
"Agreement")  by and  between  Erie  Indemnity  Company  and  Stephen  A.  Milne
effective as of December 16, 1997.

         WHEREAS,  the Company has determined that it is in the best interest of
the Company  and its  Shareholders  to secure the  continued  employment  of the
Executive in accordance with the terms of the Agreement; and

         WHEREAS,  the Board of Directors of the Company at its meeting of March
9,  1999  agreed  to extend  the term of the  Agreement  for a period of one (1)
additional  year which  extended the term of the Agreement to expire on December
15, 2002 instead of December 15, 2001; and

         WHEREAS,  the Board of  Directors  of the  Company  at its  meeting  of
December  14, 1999 has again  agreed to extend the term of the  Agreement  for a
period of one (1) additional year as contained herein; and

         WHEREAS, the Executive is agreeable to the extension of the Agreement.

         NOW, THEREFORE, intending to be legally bound hereby, the parties agree
         as follows:

         1. Paragraph 1 of the  Agreement with  respect to  the Term is  hereby
amended by extending the Term to expire on December 15, 2003.

         2. All other terms and conditions of the Agreement remain in full force
and effect.

ATTEST:                                              ERIE INDEMNITY COMPANY


/s/ Mark T. Torok                         By:  /s/ F. William Hirt
    Mark T. Torok                                  F. William Hirt
     Assistant Secretary                            Chairman of the Board


WITNESS:

/s/ Charlotte F. Drobniewski                   /s/ Stephen A. Milne
    Charlotte F. Drobniewski                       Stephen A. Milne
     Executive Secretary                           6200 Ruhl Road
                                                   Fairview, PA   16415


                                       69
No. 87-6303.

#### Smith *v.*United States.

Ct. App. D. C. Certiorari denied.
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Document Headings

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###### Federal Reserve System

This notice corrects a notice (FR Doc. 2010-1508 published on page 4394 of the issue for Wednesday, January 27, 2010.

Under the Federal Reserve Bank of Chicago heading, the entry for Vernon R. Pfaff, Fairbury, Indiana, is revised to read as follows:

**A. Federal Reserve Bank of Chicago**                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

*1. Vernon R. Pfaff, individually, and as part of a group acting in concert with Barbara Ann Pfaff*, both of Fairbury, Nebraska, to acquire voting shares of United Commerce Bancorp, and thereby indirectly acquire voting shares of United Commerce Bank, both Bloomington, Indiana.                

Comments on this application must be received by February 17, 2010.

Board of Governors of the Federal Reserve System, February 4, 2010.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2010-2756 Filed 2-8-10; 8:45 am]

BILLING CODE 6210-01-S
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 509 Engrossed in House (EH)]

<DOC>
H. Res. 509

                In the House of Representatives, U. S.,

                                                     September 8, 2017.
    Resolved, That upon adoption of this resolution it shall be in order to take 
from the Speaker's table the bill (H.R. 601) to enhance the transparency and 
accelerate the impact of assistance provided under the Foreign Assistance Act of 
1961 to promote quality basic education in developing countries, to better 
enable such countries to achieve universal access to quality basic education and 
improved learning outcomes, to eliminate duplication and waste, and for other 
purposes, with the Senate amendment to the House amendment to the Senate 
amendment thereto, and to consider in the House, without intervention of any 
point of order, a motion offered by the chair of the Committee on Appropriations 
or his designee that the House concur in the Senate amendment to the House 
amendment to the Senate amendment. The Senate amendment and the motion shall be 
considered as read. The motion shall be debatable for one hour equally divided 
and controlled by the chair and ranking minority member of the Committee on 
Appropriations. The previous question shall be considered as ordered on the 
motion to adoption without intervening motion.
            Attest:

                                                                          Clerk.
```
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1179 KA 12-00387** 
PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND WHALEN, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

DAKOTA MIX, DEFENDANT-APPELLANT.

CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR DEFENDANT-APPELLANT.

LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.

Appeal from a judgment of the Cattaraugus County Court (M. William Boller, A.J.), rendered January 23, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31), defendant contends that County Court abused its discretion in denying his request to adjudicate him a youthful offender. We reject that contention. “ ‘The determination . . . whether to grant . . . youthful offender status rests within the sound discretion of the court and depends upon all the attending facts and circumstances of the case’ ” ( People v Dawson , 71 AD3d 1490, 1490, lv denied 15 NY3d 749). Here, the record reflects that the court considered the relevant facts and circumstances in denying defendant’s request. Although the crime was not particularly grave and did not involve violence, the remaining factors to be considered upon the application for youthful offender treatment weighed against such a determination ( cf

. People v Shrubsall , 167 AD2d 929, 930). Defendant has been involved with probation since he was 12 years old based on orders adjudicating him to be a person in need of supervision and juvenile delinquency adjudications and has been offered many services, but he continued to violate probation and was ultimately placed with the Office of Children and Family Services for 18 months. Defendant did not take responsibility for the instant offense and was uncooperative during his presentence interview. Defendant dropped out of school after the 10 th grade and, although he was 19 years old at the time of sentencing, he had no verifiable employment and no plans for future employment in the area. The probation officer recommended against probation and believed that defendant’s prospects for**-2- 1179 KA 12-00387** 

rehabilitation and hope for a future constructive life were poor. We therefore conclude that the court did not abuse its discretion in denying defendant’s request.

Entered: November 15, 2013 Frances E. Cafarell Clerk of the Court
**Exhibit32(a)**

 

**CERTIFICATIONOF**

# **CHIEF EXECUTIVEOFFICER**

**PURSUANTTO 18 U.S.C. § 1350**

 

I, J.M. Haggar, III, Chief Executive Officer of Haggar Corp. (the “Company”), hereby certify that the accompanying report on Form 10-Q for the fiscal quarter ended December 31, 2004, and filed with the Securities and Exchange Commission on the date hereof (the “Report”), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended. I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 
|                          | /s/ J.M. Haggar, III          |   |
|-------------------------------|-------------------------------|--------|
|                          | J.M. Haggar, III              |   |
|                          | Chief Executive Officer       |   |
| Dated: February 9,  2005 | (principal executive officer) |   |

 

1

----
EXHIBIT 11.1

                     COMPUTATION OF BASIC EARNINGS PER SHARE
                      (in thousands, except per share data)



                                        Three Months Ended    Six Months Ended
                                             March 31,            March 31,
                                        ------------------    ----------------
                                         1998        1997      1998       1997
                                         ----        ----      ----       ----

Shares

Weighted average shares outstanding     16,086      13,579    16,039      13,235
                                       =======     =======   =======     =======

Net Income                             $ 4,036     $ 2,437   $ 7,691     $ 4,005
                                       =======     =======   =======     =======

Basic Earnings Per Share               $  0.25     $  0.18   $  0.48     $  0.30
                                       =======     =======   =======     =======