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

[971 NYS2d 474]

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (DiMango, J.), imposed March 20, 2012, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid *(see People v Bradshaw,*18 NY3d 257, 265 [2011]; *People v DeSimone,*80 NY2d 273, 283 [1992]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Eng, EJ., Angiolillo, Balkin and Hall, JJ., concur.
<PAGE>

                                                                   Exhibit 23.1a


                          INDEPENDENT AUDITOR'S CONSENT

The Board of Directors
National Bancshares Corporation of Texas:

We consent to incorporation by reference in Registration Statement No. 333-94213
on Form S-8 of National Bancshares Corporation of Texas of our report dated
March 20, 2000 relating to the consolidated balance sheet of National Bancshares
Corporation of Texas and subsidiaries as of December 31, 1999, and the related
consolidated statements of income, changes in stockholders' equity and cash
flows for the year then ended, which report appears in the December 31, 1999
annual report on Form 10-K of National Bancshares Corporation of Texas.



/s/ KPMG, L.L.P.



San Antonio, Texas
March 27, 2000
EX-99.1

(Logo) PricewaterhouseCoopers

PricewaterhouseCoopers
llP 214 N.Tryon Street
Ste 3600
Charlotte NC 28202

Telephone (704) 344 7500
Facsimile (704) 344 4100

Report of Independent Accountants

To the Board of Directors and Shareholder of Bank of America, N.A.

We have examined management's assertion about compliance by the mortgage
division of Bank of America, N.A. (the "Company"), an operating division of
Bank of America, N.A., with the minimum servicing standards identified in the
Mortgage Bankers Association of America's Uniform Single Attestation Program
for Mortgage Bankers ("USAP") as of and for the year ended December 31, 2003
included in the accompanying management assertion (see Exhibit 1). Management
is responsible for the Company's compliance with those minimum servicing
standards. Our responsibility is to express an opinion on management's
assertion about the Company's compliance based on our examination.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
minimum servicing standards and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide
a legal determination on the Company's compliance with the minimum servicing
standards.

In our opinion, management's assertion that the Company complied with the
aforementioned minimum servicing standards as of and for the year ended
December 31,2003 is fairly stated, in all material respects.

/s/ PriceWaterhouseCoopers

March 2, 2004

Bank of America

Management's Assertion Concerning Compliance
with USAP Minimum Servicing Standards

March 2, 2004

As of and for the year ended December 31,2003, the Mortgage division of Bank
of America, N.A. (the "Company"), has complied in all material respects with
the minimum servicing standards set forth in the Mortgage Bankers Association
of America's Uniform Single Attestation Program for Mortgage Bankers ("USAP").

As of and for this same period, the Company had in effect a fidelity bond and
errors and omissions policy in the amounts of $340,000,000 and $270,000,000,
respectively.

/s/ Ashish Kamit
Ashish Kamit
Senior Vice President and Managing Director
Bank of America, N .A.

/s/ J Mark Hanson
J Mark Hanson
Senior Vice President
Bank of America, N .A.

/S/ H Randell Chestnut
Senior Vice President
Bank of America, N.A.

Gary K Bettin
Senior Vice President and National Servicing Executive Bank of America, N .A.

/s/ Kevin M Shannon
Kevin M. Shannon
President
Consumer Real Estate

                            Bank of America, N.A.
USA
[Olympic rings]
2000-2004
US Olympic Teams
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

STEVEN KEITH GLATFELTER, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 13-0122-CG-B

)

SAM COCHRAN, et al., )

)

Defendants. )

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issue 

raised, and there having been no objections filed, the Report and Recommendation of the 

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this 

Court. It is ORDERED that Gladfelter’s claims against Defendants Cochran, Oliver, Stallworth, 

and Williams be DISMISSED with prejudice as frivolous; that his claims against Defendant 

Barrett seeking to impose liability based on others’ actions be DISMISSED with prejudice as 

frivolous; that his claims against Defendant Barrett for ignoring Plaintiff’s requests be 

DISMISSED without prejudice for failure to state a claim; and that his claims against 

Defendants Simmons and Ezell be DISMISSED without prejudice for failure to state a claim 

upon which relief can be granted pursuant to 28 U.S.C. § 1915(g).

DONE and ORDERED this 20th day of May, 2014.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:13-cv-00122-CG-B Document 16 Filed 05/20/14 Page 1 of 1
- 2 -     4.01. Execution. The Administrative Agent shall have received counterpartsof this Amendment No. 1 executed by the Borrower and the Lenders party to the CreditAgreement constituting the Majority Lenders.     4.02 Fee and Expenses. The Borrower shall have paid in full the costs,expenses and fees as set forth in Section 8.04(a) of the Credit Agreement.          Section 5. Miscellaneous. Except as herein provided, the Credit Agreement shall remainunchanged and in full force and effect. This Amendment No. 1 may be executed in any number ofcounterparts, all of which taken together shall constitute one and the same amendatory instrumentand any of the parties hereto may execute this Amendment No. 1 by signing any such counterpart.Delivery of a counterpart by electronic transmission shall be effective as delivery of a manuallyexecuted counterpart hereof. This Amendment No. 1 shall be governed by, and construed in accordancewith, the law of the State of New York.**Amendment****No. 1**
 

 
          IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be duly executed bytheir respective authorized officers as of the day and year first above written.         COCA-COLA BOTTLING CO. CONSOLIDATED           By: /s/ Clifford M. Deal, III             Name: Clifford M. Deal, III      Title: Vice President andTreasurer           CITIBANK, N.A.,
### MANDATE

THE STATE O F TEXAS

TO THE COUNTY COURT AT LAW NO. 8 OF BEXA R COUNTY, GREETINGS:

Before our Court of Appeals for the Fourth District of Texas on December 23, 2014, the cause upon appeal to revise or reverse your judgment between

Joshua Zoltan Paur, Appellant(s)

V.

The State of Texas, Appellee(s)

No. 04

- 14

- 00815

- CR and Tr. Ct. No. 422830

was determined, and therein our Court of Appeals made its order in these words:



## In accordance with this court’s opinion of this date, the motion to dismiss is GRANTED and this appeal is DISMISSED.

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals for the Fourth District of Texas, in this behalf and in all things have the order duly recognized, obeyed, and executed.

Witness the Hon. Sandee Bryan Mario n, Chief Justice of the Court of Appeals for the Fourth District of Texas, with the seal of the Court affixed and the City of San Antonio on February 23, 2015

. KEITH E. HOTTLE, CLE RK

____________________________ Cynthia A. Martinez Deputy Clerk, Ext. 53853
#### Meng Ye, Appellant, v Y. Michal Taxi, Inc., et al., Respondents.

[967 NYS2d 95]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered June 18, 2012, which granted the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is denied.

The defendants failed to meet their prima facie burden of demonstrating that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345, 350 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]). *674The defendants’ motion papers failed to adequately address the plaintiffs claim, clearly set forth in the bill of particulars, that she sustained a medically determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her ususal and customary daily activities for not less than 90 days during the 180 days immediately following the subject accident *(see generally Karpinos v Cora,*89 AD3d 994, 995 [2011]).

Since the defendants failed to meet their prima facie burden, it is unnecessary to determine whether the papers submitted by the plaintiff in opposition were sufficient to raise a triable issue of fact *(see generally Stukas v Streiter,*83 AD3d 18, 24 [2011]). Therefore, the Supreme Court should have denied the defendants’ motion for summary judgment dismissing the complaint. Dillon, J.P., Hall, Roman and Cohen, JJ., concur.
[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Page 78088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30401]



[[Page 78088]]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9018-6]


Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202) 564-7146 or http://www.epa.gov/compliance/nepa/.
Weekly receipt of Environmental Impact Statements
Filed 12/15/2014 Through 12/19/2014
Pursuant to 40 CFR 1506.9.
    Notice: Section 309(a) of the Clean Air Act requires that EPA make 
public its comments on EISs issued by other Federal agencies. EPA's 
comment letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20140373, Draft EIS, USFS, AK, Kake to Petersburg Transmission 
Line Intertie Project, Comment Period Ends: 02/11/2015, Contact: Tom 
Parker 907-772-5974.

EIS No. 20140374, Final EIS, FHWA, NY, Portageville Bridge Project, 
Contact: Jonathan McDade 518-431-4127.
    Under MAP-21 section 1319, FHWA has issued a single FEIS and ROD. 
Therefore, the 30-day wait/review period under NEPA does not apply to 
the above action.

EIS No. 20140375, Final EIS, BLM, NM, Prehistoric Trackways National 
Monument Proposed Resource Management Plan, review period ends: 01/27/
2015, Contact: Jennifer Montoya 575-525-4316.

EIS No. 20140376, Final EIS, USFS, ID, Golden Hand No. 1 and No. 2 Lode 
Mining Claims Project, review period ends: 01/27/2015, Contact: Anthony 
Botello 208-634-0601.

EIS No. 20140377, Draft EIS, BLM, CA, Proposed Land Exchange between 
Bureau of Land Management and Agua Caliente Band of Cahuilla Indians, 
comment period ends: 03/29/2015, Contact: Jim Foote 760-833-7136.

EIS No. 20140378, Second Final Supplement, FSA, 00, PROGRAMMATIC--
Conservation Reserve Program, review period ends: 02/15/2015, Contact: 
Nell Fuller 202-720-6303.

EIS No. 20140379, Final EIS, FERC, CA, Relicensing the Upper Drum-
Spaulding Hydroelectric Project, FERC No. 2310-193; Lower Drum 
Hydroelectric Project, FERC No. 14531-000; Deer Creek Hydroelectric 
Project, FERC No. 14530-000; and Yuba-Bear Hydroelectric Project, FERC 
No. 2266-102, review period ends: 02/11/2015, Contact: Alan Mitchnick 
202-502-6074.

    Amended Notices
EIS No. 20140344, Final EIS, FHWA, TX, U.S. 181 Harbor Bridge, Review 
Period Ends: 01/20/2015, Contact: Gregory S. Punske 512-536-5960.
    Revision to FR Notice Published 12/05/2014; Extending the Review 
Period from 01/05/2015 to 01/20/2015.

EIS No. 20140372, Draft EIS, DOE, 00, Plains and Eastern Clean Line 
Transmission Project, Comment Period Ends: 03/19/2015, Contact: Jane 
Summerson, Ph.D. 505-845-4091 Revision to FR Notice Published 12/19/
2014; Correction to the Comment Period from 02/02/2015 to 03/19/2015.

    Dated: December 22, 2014.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2014-30401 Filed 12-24-14; 8:45 am]
BILLING CODE 6560-50-P
Exhibit 32.2

XM SATELLITE RADIO HOLDINGS INC. AND SUBSIDIARIES

Written Statement of Chief Executive Officer
and Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The certification set forth below is being submitted to the Securities and Exchange Commission solely for the purpose of complying with Section 1350
of Chapter 63 of Title 18 of the United States Code. This certification is not deemed to be filed pursuant to the Securities Exchange Act of 1934 and does not constitute a part of the Annual Report on Form 10-K/A accompanying this statement.

The undersigned, the Chief Executive Officer and the Executive Vice President and Chief Financial Officer of XM Satellite Radio Inc., each
hereby certifies that, to his knowledge on the date hereof:



| | (a) | the Form 10-K/A of XM Satellite Radio Inc. for the period ended December 31, 2007 filed on the date hereof with the Securities and Exchange Commission (the Report)
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of XM Satellite Radio Inc.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |  |  |                            |  |                                                                         
|-------------------- |  |  |  |  |  | -------------------------- |  | ------------------------------------------------------------------------
|Date: April 29, 2008 |  |  |  |  |  | /s/    NATHANIEL A.
DAVIS 
|                     |  |  |  |  |  |                            |  | Nathaniel A. Davis President and Chief Executive Officer                
|                     |  |  | 
|Date: April 29, 2008 |  |  |  |  |  | /s/    JOSEPH J.
EUTENEUER
|                     |  |  |  |  |  |                            |  | Joseph J. Euteneuer Executive Vice President and Chief Financial Officer

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

# Order

Lansing, Michigan



### July 30, 2007 Clifford W. Taylor, Chief Justice


### 133465 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan 

### PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices



### v SC: 133465 COA: 261729 Wayne CC: 04-011607-01 MIQUEL PEREZ-HERNANDEZ, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 23, 2007 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.

s0723 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

July 30, 2007

Clerk
#### UNITED STATES of America, Plaintiff—Appellee, v. Israel GUADARRAMA, Defendant—Appellant.

No. 05-10152.

United States Court of Appeals, Ninth Circuit.

Submitted June 12, 2006.*

Decided June 19, 2006.

Mark E. Cullers, Esq., Jonathan B. Conklin, Esq., USF — Office of the U.S. Attorney, Fresno, CA, for Plaintiff — Appellee.

Robert W. Rainwater, Esq., Federal Public Defender’s Office, Fresno, CA, for Defendant — Appellant.

Before: KLEINFELD, PAEZ, and BERZON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Israel Guadarrama appeals from the 63-month sentence imposed following his guilty plea conviction for conspiracy to commit criminal infringement of a copyright in violation of 17 U.S.C. § 506(a) and 18 U.S.C. §§ 371, 2319(b)(1); and for being *672a deported alien found in the United States in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Guadarrama contends that the district court’s sentence was unreasonable. Guadarrama’s criminal history and offense conduct were different from those of his co-defendants, thus the district court had a reasonable basis for imposing different sentences upon each defendant. *See United States v. Ploujfe,*445 F.3d 1126, 1132 (9th Cir.2006). Furthermore, the district court was not required to articulate each factor under 18 U.S.C. § 3553 separately, but only to provide defendant-specific reasons for imposing a certain sentence, which it did here. *See United States v. Knows His Gun,*438 F.3d 913, 918 (9th Cir.2006).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JONATHAN BISHOP,

(AIS # 272754)

Plaintiff,

:

:

:

:

vs. : CIVIL ACTION 15-0252-WS-C

:

REGINA BOLAR, et al.

Defendants.

:

:

:

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that Plaintiff Jonathan Bishop

recover nothing, and the claims made against Defendants Regina Bolar, William Gillis, 

Brian Ezell, and Kelly Smith are hereby DISMISSED with prejudice. 

DONE and ORDERED this 20th day of May, 2016.

s/WILLIAM H. STEELE

CHIEF UNITED STATES DISTRICT JUDGE

 

Case 1:15-cv-00252-WS-C Document 40 Filed 05/20/16 Page 1 of 1
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 FieldPoint Petroleum Corporation (the "Company") on Form 10-Q for the period ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ray Reaves, Chief Executive Officer and 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; and(2)The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.  __/s/ Ray Reaves________ Ray Reaves Chief Executive Officer and Chief Financial Officer May 15, 2009
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1640 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1640

 To prohibit the Secretary of Energy from finalizing, implementing, or 
   enforcing the proposed rule titled ``Energy Conservation Program: 
    Energy Conservation Standards for Consumer Conventional Cooking 
                  Products'', and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2023

Mrs. Lesko (for herself and Mr. Burgess) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
 To prohibit the Secretary of Energy from finalizing, implementing, or 
   enforcing the proposed rule titled ``Energy Conservation Program: 
    Energy Conservation Standards for Consumer Conventional Cooking 
                  Products'', 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 ``Save Our Gas Stoves Act''.

SEC. 2. STANDARDS FOR KITCHEN RANGES AND OVENS.

    Section 325(h) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(h)) is amended by adding at the end the following:
    ``(3) The Secretary may not determine that imposition of an energy 
conservation standard under this section for kitchen ranges or ovens is 
economically justified for purposes of subsection (o) unless the 
Secretary determines that imposition of such energy conservation 
standard is not likely to result in the unavailability in the United 
States of a type (or class) of product based on what type of fuel the 
product consumes.''.

SEC. 3. PROHIBITION ON RULEMAKING.

    The Secretary of Energy may not finalize, implement, or enforce the 
proposed rule titled ``Energy Conservation Program: Energy Conservation 
Standards for Consumer Conventional Cooking Products'' (88 Fed. Reg. 
6818 (February 1, 2023)) or any substantially similar rule.
                                 <all>
```