alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-5006

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DARIUS DANTONI TANZYMORE,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:04-

cr-00022-JFM)

Submitted: February 14, 2007 Decided: March 2, 2007

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kenneth W. Ravenell, SCHULMAN, TREEM, KAMINKOW, GILDEN & RAVENELL,

P.A., Baltimore, Maryland, for Appellant. Rod J. Rosenstein,

United States Attorney, Barbara S. Sale, Assistant United States

Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

After we remanded this case to the district court for

further proceedings, Darius Dantoni Tanzymore was convicted after

a bench trial of being a felon in possession of a firearm, in

violation of 18 U.S.C. § 922(g)(1) (2000). On appeal, Tanzymore

contends the district court erred by rejecting his justification

defense. We affirm. 

We review the district court’s denial of the

justification defense de novo. United States v. Perrin, 45 F.3d

869, 871 (4th Cir. 1995). In Perrin, we detailed the following

four part test to be used in order to determine whether a defendant

is entitled to a justification defense for being a felon in

possession of a firearm:

The defendant must produce evidence which would allow the

factfinder to conclude that he (1) was under unlawful and

present threat of death or serious bodily injury; (2) did

not recklessly place himself in a situation where he

would be forced to engage in criminal conduct; (3) had no

reasonable legal alternative (to both the criminal act

and the avoidance of the threatened harm); and (4) a

direct causal relationship between the criminal action

and the avoidance of the threatened harm. 

Perrin, 45 F.3d at 873-74 (citing United States v. Crittendon, 883

F.2d 326, 330 (4th Cir. 1989)). The focus is not on whether the

defendant held a sincere belief that he was under a present threat

of death or serious bodily injury. The justification defense is

used in very narrow circumstances and generalized fears are
- 3 -

insufficient to support the defense. There must be a showing of

imminent danger. Perrin, 45 F.3d at 874. 

We find Tanzymore failed to establish the threat to his

life and safety was imminent. As a result, we find the district

court did not err in rejecting the defense. 

Accordingly, we affirm the conviction and sentence. We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
EXHIBIT 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Each of the undersigned in connection with this Annual Report of Quality Distribution, Inc. (the Company) on Form 10-K as amended by Form
10-K/A for the annual period ended December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the undersigneds knowledge:



(1) the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and



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



|                                                 
|-------------------------------------------------
|Date: May 2, 2005                                
|                                                 
|/s/ Thomas L. Finkbiner                          
|THOMAS L. FINKBINER                              
|PRESIDENT AND CHIEF EXECUTIVE OFFICER            
|                                                 
|Date: May 2, 2005                                
|                                                 
|/s/ Timothy B. Page                              
|TIMOTHY B. PAGE                                  
|SENIOR VICE PRESIDENT AND CHIEF FINANCIAL OFFICER



This
certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.



A signed original
of this written statement required by Section 906 has been provided to Quality Distribution, Inc. and will be retained by Quality Distribution, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zah ra

, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

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

_________________________________________ Clerk February 3, 2011

d0201 

# Order

February 3, 2011

141739(93)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellant,

v SC: 141739

COA: 278411

Kent CC: 06

- 006768

- FC

SAMMIE RAY BAILEY, JR.,

Defendant

- Appellee.

_________________________________________/

On order of the C ourt, the motion for reconsideration or clarification of this

Court’s November 24, 2010 order is considered, and it is GRANTED. On

reconsideration, the November 24, 2010 order is amended to read as follows:

On order of the Court, the application for leav e to appeal the July 20, 2010

judgment of the Court of Appeals is considered, and it is GRANTED. The

parties shall address: (1) whether the court erroneously instructed the jury as to

the effect of provocation on a claim of self

- defense, and (2) whether the

reasonable doubt standard is sufficiently expressed when the court instructs the

jury that, if there was a realistic or reasonable possibility that the defendant acted

in self

- defense, he is not guilty.

The Prosecuting Attorneys Association of Michi gan and the Criminal

Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other

persons or groups interested in the determination of the issues presented in this

case may move the Court for permission to file briefs amicus curiae.
Case 2:15-mj-01732-JFM Document 4 Filed 10/06/15 Page 1 of 3
Case 2:15-mj-01732-JFM Document 4 Filed 10/06/15 Page 2 of 3
Case 2:15-mj-01732-JFM Document 4 Filed 10/06/15 Page 3 of 3
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 680 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 680

 To amend the Federal Property and Administrative Services Act of 1949 
 to authorize the transfer to States of surplus personal property for 
donation to nonprofit providers of necessaries to impoverished families 
                            and individuals.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 1997

 Mr. Hamilton introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
 To amend the Federal Property and Administrative Services Act of 1949 
 to authorize the transfer to States of surplus personal property for 
donation to nonprofit providers of necessaries to impoverished families 
                            and individuals.

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

SECTION 1. TRANSFER OF SURPLUS PERSONAL PROPERTY FOR DONATION TO 
              PROVIDERS OF NECESSARIES TO IMPOVERISHED FAMILIES AND 
              INDIVIDUALS.

    Section 203(j)(3)(B) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(j)(3)(B)) is amended by inserting 
after ``homeless individuals'' the following: ``, providers of 
assistance to families or individuals whose annual incomes are below 
the poverty line (as that term is defined in section 673 of the 
Community Services Block Grant Act),''.
                                 <all>
```
CIPHER
HOLDING CORPORATION
 
 **CERTIFICATIONS**
 
 Exhibit
31.2
 
 I, Corey
Conn, the Registrant's Chief Financial Officer, certify that:
 
 1. I have
reviewed this quarterly report on Form 10-QSB/A of Cipher Holding
Corporation;
 
 2. Based
on my knowledge, this quarterly report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this quarterly
report;
 
 3. Based
on my knowledge, the financial statements, and other financial information
included in this quarterly report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this quarterly report;
 
 4. The
Registrant's other certifying officers and I are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the registrant and we have: a) designed such
disclosure controls and procedures to ensure that material information relating
to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this
quarterly report is being prepared; b) evaluated the effectiveness of the
Registrant's disclosure controls and procedures as of a date within 90 days
prior to the filing date of this quarterly report (the "Evaluation Date"); and
c) presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;
 
 5. The
Registrant's other certifying officers and I have disclosed, based on our most
recent evaluation, to the registrant's auditors and the audit committee of
Registrant's board of directors (or persons performing the equivalent function):
a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the Registrant's
auditors any material weaknesses in internal controls; and b) any fraud, whether
or not material, that involves management or other employees who have a
significant role in the Registrant's internal controls; and
 
 6. The
Registrant's other certifying officers and I have indicated in this quarterly
report whether or not there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.
 
 Date:
October 19, 2005
 
 /s/Corey
Conn
 Chief
Financial Officer
[Natural Spirit Logo]

                    Natural Spirit Mushroom Enterprise Inc.,
                              27327 NW 78th Avenue
                             High Springs, FL 32643

            Loan Agreement between NSME & Mr. John Lindsay, President


NSME agrees to loan its President, John Lindsay, $8000 at an annual interest
rate of 8% to be paid back on or before May 31, 2001, under the following terms:

(l)               The payments will be deducted from Mr. Lindsay's pay

(2)               These funds are to be used exclusively for the resolution of
                  Mr. Lindsay's legal problems; Specifically, financial
                  restitution and community service requirements. Each use will
                  be documented by receipts. Copies of these receipts will be
                  provided to the NSME Board of Directors.

(3)               Any breach of or failure to adhere to these terms will result
                  in the automatic and immediate removal of Mr. Lindsay from
                  NSME's Board of Directors and the balance to the loan will
                  become immediately due and payable.

By my signature affixed below, I acknowledge that I have read and understood the
above and agree to be so bound.
                                       /s/ John S. Lindsay
                                      ---------------------------------
                                      John S. Lindsay
                                      President
                                      NSME, Inc.

                                        8/14/99
                                       -----------------
                                       Date
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                 H. R. 6

To extend the authorization of programs under the Higher Education Act 
                    of 1965, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

   Mr. McKeon (for himself, Mr. Goodling, Mr. Clay, and Mr. Kildee) 
 introduced the following bill; which was referred to the Committee on 
                      Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To extend the authorization of programs under the Higher Education Act 
                    of 1965, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Higher Education Amendments of 
1998''.

SEC. 2. EXTENSION OF PROGRAMS.

    (a) Extension of Programs.--The authorization of appropriations 
for, and the duration of, each program conducted under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) shall be extended for 
each of the fiscal years ending before October 1, 2004.
    (b) Continuation of Authorization Amounts.--The amount authorized 
to be appropriated for a program for each fiscal year during the period 
of extension under subsection (a) shall be the amount authorized to be 
appropriated for such program for the terminal fiscal year of the 
program.
    (c) Performance of Required Functions.--If the Secretary of 
Education is required, in the terminal fiscal year of a program 
extended under subsection (a), to carry out certain acts or make 
certain determinations that are necessary for the continuation of such 
program, such acts or determinations shall be required to be carried 
out or made during the period of the extension under subsection (a).
    (d) Terminal Fiscal Year.--For purposes of this section, the term 
``terminal fiscal year'', when used with respect to a program conducted 
under the Higher Education Act of 1965, means the last fiscal year for 
which funds are authorized to be appropriated, or during which such 
program is authorized to be conducted, by such Act as in effect on 
January 1, 1997.
                                 <all>
```
Exhibit 23.1




Consent
of Independent Registered Public Accounting Firm
 
 
 The Board
of Directors and Stockholders
 FalconStor
Software, Inc.:
  We
consent to the incorporation by reference in the registration statements
(numbers 333-69834, 333-103925, 333-125126, 333-139032, and 333-145475) filed on
Form S-8 and in the registration statement (number 333-69830) filed on Form S-3
of FalconStor Software, Inc. of our reports, dated March 12, 2010, with respect
to the consolidated balance sheets of FalconStor Software, Inc. as of December
31, 2009 and 2008, and the related consolidated statements of operations,
stockholders’ equity and comprehensive income (loss), and cash flows for each of
the years in the three-year period ended December 31, 2009, and the
effectiveness of internal control over financial reporting as of December 31,
2009, which reports appear in the December 31, 2009 annual report on Form 10-K
of FalconStor Software, Inc.
  
 
 /s/  KPMG
LLP
 
 Melville,
New York
 March 12,
2010
Exhibit 10.1





                            Michael T. Williams, Esq.
                               2503 W. Gardner Ct.
                                 Tampa FL 33611
                               Phone: 813.831.9348
                                Fax: 813.832.5284
                         e-mail: wmslaw@tampabay.rr.com


                                                               February 25, 2003


Stock Market Solutions, Inc.
Ft. Lauderdale, FL

                               Via e-mail and fax

Re:  Engagement Agreement

Dear Sirs:

     This letter sets forth the terms by which I shall be engaged in connection
with matters described below. I agree that the terms and conditions of the
engagement shall be as set forth in this letter.

     1.   Engagement. I have been engaged as special counsel for Stock Market
          Solutions, Inc. ("Company").

     The engagement shall be limited to assistance in the following matters for
the period 2-25-03 to 12-31-03:

          -   The preparation of a Forms 10K-SB, 10Q-SB, and 8-K
          -   The preparation of Forms 3, 4, 5, and 13D
          -   Availability to respond to general securities law questions

     2.   Fees, Costs and Expenses. My fee shall be 300,000 shares of Common
Stock of the Company, which you agree to register on Form S-8 as soon as
possible.

     The fees shall include stenographic and word processing services, but shall
not include copying charges, long distance telephone expenses, delivery fees,
filing fees, computerized legal research, if any, electronic facsimile
transmission and similar charges.

I will bill separately for those expenses at the actual costs incurred. In the
event that I advance expenses or filing fees on your behalf, the Company will be
expected to promptly reimburse us for such advances.

     Invoices will summarize the nature of the work performed during the billing
period and will itemize generally the work performed. Billings will not itemize
the amount of time spent on each task identified. Detailed back-up for any
invoice shall be available for any proper purpose and if legitimate questions
arise, I will provide more detailed itemized statements for your information.

     If at any time you abandon a project whether or not the work is completed,
all fees and stock paid to date be retained by this firm for services rendered
to date of termination or completion.

     If there are any questions concerning this agreement or the attachments
hereto, please contact the undersigned.

     If it is agreed that the foregoing sets forth the conditions of my
engagement by the Company, please sign the extra copy of this letter where
indicated and return it. The shares will be issued upon filing of the S-8
registration statement.

                              Sincerely,

                              /s/  Michael T. Williams
                                 -------------------------
                                   Michael T. Williams, Esq.

The above is understood and agreed to:

Stock Market Solutions, Inc.


By: /s/ Richard Smitten
  ----------------------------
        Richard Smitten, Authorized Officer
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 659 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 659

      To amend the Clean Air Act and the Superfund Amendments and 
Reauthorization Act of 1986 to clarify the listing of a unique chemical 
                               substance.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 1997

Mr. Burr of North Carolina (for himself, Mr. Spratt, Mr. McIntosh, Mr. 
Bachus, Mrs. Kelly, Mr. Weldon of Pennsylvania, Mr. Frost, Mr. Calvert, 
   Mr. Sessions, Mr. McKeon, Mr. Collins, Mr. Doyle, Mr. Borski, Mr. 
   Bartlett of Maryland, Mr. Oxley, Mr. Wicker, Mr. Dan Schaefer of 
 Colorado, Mr. Graham, Mr. Barr of Georgia, Mr. Ewing, Mr. Coburn, and 
Mr. Barton of Texas) introduced the following bill; which was referred 
   to the Committee on Commerce, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
      To amend the Clean Air Act and the Superfund Amendments and 
Reauthorization Act of 1986 to clarify the listing of a unique chemical 
                               substance.

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

SECTION 1. DELETION FROM CLEAN AIR ACT AMENDMENTS LISTING.

    Section 112(b)(1) of the Clean Air Act (42 U.S.C. 7412) is amended 
by adding at the end of footnote 2 thereof the following: ``The glycol 
ether category does not include ethylene glycol monobutyl ether (CAS 
#111-76-2) as used or emitted by metal or composite can 
manufacturing.''

SEC. 2. DELETION FROM SARA TITLE III LISTING.

    Section 313(d)(3) of the Superfund Amendments and Reauthorization 
Act of 1986 (42 U.S.C. 11023) is amended by adding at the end thereof 
the following: ``The Administrator shall delete from the lists 
implemented pursuant to subsection (c) and section 302(a)(2), any 
substance that has been deleted or removed in any manner from the list 
of pollutants und3er section 112(b) of the Clean Air Act (42 U.S.C. 
7412(b)) unless the Administrator demonstrates based on convincing 
evidence that relevant storage, use or release of such a substance 
continues to pose a significant threat to human health, or the 
environment as a result of its reactivity, volatility, dispersability, 
combustibility, flammability, or acute human health effects.''.
                                 <all>
```