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

[971 NYS2d 609]—

Appeal from a judgment of the Supreme Court, Erie County *1087(Deborah A. Haendiges, J.), rendered November 17, 2011. The judgment convicted defendant, upon a nonjury verdict, of attempted burglary in the second degree and criminal mischief in the third degree.

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

Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of, inter alia, attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]), defendant contends that he was denied effective assistance of counsel because his then-girlfriend and the mother of his child, who was also the complainant and a key prosecution witness, paid his attorney’s fees. We reject that contention. Because defendant apprised Supreme Court of the potential conflict of interest, we agree with defendant that the court “had a duty ... to conduct an inquiry ‘to ascertain, on the record, whether [defendant] had an awareness of the potential risks involved in his continued representation by the attorney and had knowingly chosen to continue such representation’ ” *(People v Conte,*71 AD3d 1448, 1449 [2010], quoting *People v Lombardo,*61 NY2d 97, 102 [1984]; *see People v Carncross,*14 NY3d 319, 327 [2010]). Although the court failed to conduct that inquiry, we nevertheless conclude that defendant was not denied effective assistance of counsel inasmuch as he failed to show “that the conduct of his defense was in fact affected by the operation of the conflict of interest, or that the conflict operated on the representation” *(People v Weeks,*15 AD3d 845, 847 [2005], *lv denied*4 NY3d 892 [2005] [internal quotation marks omitted]; *see People v Sanchez,*21 NY3d 216, 223 [2013]; *People v Hurlbert,*81 AD3d 1430, 1431 [2011], *lv denied*16 NY3d 896 [2011]). Indeed, the record establishes that defense counsel thoroughly cross-examined the witness and elicited testimony concerning her criminal history and drug use, as well as her admission that she never saw defendant attempt to enter the house. Further, defense counsel introduced complainant’s letters to defendant, in which she stated that she loved defendant and wanted him home with her and their child.

Contrary to defendant’s further contention, the sentence is not unduly harsh or severe. Present — Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6251

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHONTAYNE DWAYNE PITTMAN, a/k/a Light, a/k/a Wayne, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. James C. Fox, District Judge. (CR-97-5, CA-98-113-4-F) Submitted: May 25, 1999 Decided: May 28, 1999 Before ERVIN, WILKINS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Shontayne Dwayne Pittman, Appellant Pro Se. Robert Edward Skiver, Assistant United States Attorney, Cynthia Elaine Tompkins, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Shontayne Dwayne Pittman seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Pittman , Nos. CR-97-5; CA-98-113-4-F (E.D.N.C. Jan. 29, 1999). 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.

DISMISSED
I 

118TH CONGRESS 

1ST SESSION H. R. 2352 

To provide for a limitation on availability of funds for Department of State, 

Nonproliferation, Anti-Terrorism, Demining and Related Programs for 

fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To provide for a limitation on availability of funds for Department of State, Nonproliferation, Anti-Terrorism, 

Demining and Related Programs for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF STATE, NONPROLIFERA5 TION, ANTI-TERRORISM, DEMINING AND RE6 LATED PROGRAMS FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Department of State, Nonproliferation, Anti-TerVerDate Sep 11 2014 23:33 Apr 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2352.IH H2352

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2352 IH

1 rorism, Demining and Related Programs for fiscal year 

2 2024 may not exceed $864,550,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
HEB-2015.06.30-EX 10.2 (BioRidge)










BIORIDGE 
PHARMA 
Specially Distributors of Biotech Products


July 29, 2015 


Dr. William A. Carter Chairman and CEO 
Hemispherx Biopharma, Inc. JFK Boulevard 
Suite 500 
Philadelphia, Pa 19103 




Re: Agreement Between BioRidge Pharma and Hemispherx Biopharma, Inc. 


Dear Dr. Carter, 
BioRidge Pharma would like to request an extension to the above mentioned contracts, initially signed on August 15, 2011 and extended in 2012, 2013 and 2014 subject to the same terms and conditions currently in place. 


Please sign this acceptance letter as acknowledgment of the extension through August 14, 
2017 and return to my attention via fax or e-mail. I can be reached at 973-564-8004 if you 
have any questions or concerns. 


Regards, 


/S/: Robert Anderson               
Robert Anderson, CFO 
Bio Ridge Pharma, LLC Phone: 973-564-8004 Fax: 973-564-8010 
                                                                                                                                /S/: William A. Carter    _______________                                                                                                                                                                                                                                                                                                                                                                                                                                                  (signature)
                                                                                                                                                                                                                                                                                            
William A. Carter____________________
(print name)


CEO and Chairman___________________
(Title)


 _7/31/15____________________________
(Date)
<PAGE>

Exhibit 99.5

Bentley Withdraws From NBRPA Events Sponsorship

FRIDAY, MAY 25, 2001 4:00 PM - PRNewswire

LOS ANGELES, May 25, 2001 /PRNewswire via COMTEX/ -- Bentley Communications
Corp. (OTC:BTLY) announces it will not be moving forward with the sponsorship of
the various National Basketball Retired Players Association programs as
previously announced. In addition, Art Taft will not be appointed to the Board
of Directors, due to unforeseen circumstances.

Forward-looking statements:

Certain statements in this news release may constitute "forward looking"
statements within the meaning of section 21e of the securities exchange act of
1934. Such "forward looking" statements involve risks, uncertainties and other
factors, which may cause the actual results, performance or achievement
expressed or implied by such forward looking statements to differ materially
from the "forward looking" statements contained herein.

For more information contact:                  Corporate links:

Gordon F. Lee, Chairman & CEO               www.BentleyCommCorp.com
Bentley Communications Corporation          www.BentleyBlvd.com
9800 S. Sepulveda Blvd., Suite 625          www.TwirlMe.com
Los Angeles, CA 90045                       www.Celebrity-Pros.com
Tel:  (310) 342-0760
Fax:  (310) 342-0704

SOURCE   Bentley Communications Corporation
CONTACT: Gordon F. Lee, Chairman & CEO of Bentley Communications
         Corporation, 310-342-0760, or fax, 310-342-0704

URL:         http://www.Celebrity-Pros.com
             http://www.TwirlMe.com
             http://www.BentleyBlvd.com
             http://www.BentleyCommCorp.com
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

MARK R. GACEK and PAMELA 

GACEK, 

)

)

)

)

)

)

)

)

)

)

Plaintiffs,

vs. CIVIL ACTION NO. 15-662-CG-M

JENE OWENS, JUDGE GRADDICK, 

individually and in his official capacity, 

GARY FILLINGIM, ANTHONY 

HOFFMAN, GILBERT FONTENOT, 

Defendants.

JUDGMENT

In accordance with the Court’s Order entered August 12, 2016 (Doc. 31), 

finding dismissal with prejudice appropriate once sanctions are determined, and the 

Order entered this date awarding sanctions, it is hereby 

ORDERED, ADJUDGED, and DECREED that judgment is entered in 

favor of Defendants Jene Owens, Judge Graddick, Gary Fillingim, Anthony 

Hoffman and Gilbert Fontenot, and against Plaintiffs, Mark R. Gacek and 

Pamela Gacek, and this case is hereby DISMISSED WITH PREJUDICE. 

DONE and ORDERED this 13th day of October, 2016.

/s/ Callie V. S. Granade 

SENIOR UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00662-CG-M Document 41 Filed 10/13/16 Page 1 of 1
**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TO**

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

**AS ADOPTEDPURSUANT TO**

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

 

In connection with the Quarterly Report of Tellabs, Inc. (the“Company”) on Form 10-Q for the quarter ended July 1, 2005, as filedwith the Securities and Exchange Commission on the date hereof (the “Report»),I, Krish A. Prabhu, the Chief Executive Officer of the Company, certify,pursuant to and for purposes of 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)                                  TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

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

 

 
| ***  /s/ Krish Prabhu***    | * * |
|---------------------------------------|----------|
|   Krish Prabhu              |
|   Chief Executive Officer   |
|   Date: August 9, 2005 |

 

 

A signed original of this written statement required by Section 906has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.

 

1

----
#### UNITED STATES of America, Plaintiff-Appellee, v. Angel Arturo AMAYA-MELGOZA, Defendant-Appellant.

No. 05-41880.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Oct. 25, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Sarah Beth Landau, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Angel Arturo Amaya-Melgoza (Amaya) appeals his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1826 by being found in the United States without permission after deportation. He argues, in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), that the 37-month term of imprisonment imposed in his case exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury.

Amaya’s constitutional challenge is foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although he contends that *Almendarez-Torres*was incorrectly decided and that a majority of the Supreme Court would overrule *Almendarez-Torres*in light of *Apprendi,*we have repeatedly rejected such arguments on the basis that *Almendarez-Torres*remains binding. *See United States v. Garza-Lopez,*410 F.3d 268, 276 (5th Cir.), *cert. denied.*— U.S. -, 126 S.Ct. 298, 163 L.Ed.2d 260 (2005). Amaya properly concedes that his argument is foreclosed in light of *Almendarez-Torres*and circuit precedent, but he raises it here to preserve it for further review.

AFFIRMED.

*

 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.
**CERTIFICATE 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 Yearly Report of AVVAA World Health Care Products, Inc.(the "Company") on Amendment No. 1 to Form 10-KSB forthe year ended May 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, CharlesAustin, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 ofthe 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 respect, the financial condition and result of operations of

 
the Company.

 
 

A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

 

/s/ *Charles Austin*

Name:  

Charles Austin

 
Title:  

Chief Financial Officer

 

Date:  

September 19, 2005

 

  |
##### 



Exhibit 99.1

(EXTENDICARE LOGO)

NEWS RELEASE
FOR IMMEDIATE RELEASE

January 26, 2004


Extendicare Announces Fourth Quarter News Release and Conference Call Dates

MARKHAM, ONTARIO (TSX: EXE and EXE.A; NYSE: EXE.A). Extendicare Inc. will
release its 2003 fourth quarter financial results after the close of markets on
Thursday, February 19, 2004. The Company will hold a conference call on Friday,
February 20, 2004 at 10:00 a.m. (ET) to discuss its results for the fourth
quarter and year ended December 31, 2003.

Following its release on February 19, 2004, the Company will post a copy of the
press release on its website, in addition to an update of its supplemental
information package found under the Investor Information/Investor
Documents/Supplemental Information section of its website, www.extendicare.com.

The February 20, 2004 conference call will be webcast live, and archived, in
the Investor Information section of Extendicares website.

For those wishing to call in, the toll-free number for the live call is
1-800-273-9672. Local callers please dial 416-695-5806. A taped rebroadcast
will be available approximately two hours after completion of the live call on
February 20, 2004 until midnight on March 5, 2004. To access the rebroadcast,
dial 1-800-408-3053. Local callers please dial 416-695-5800. The conference ID
number is 1517914.

Scheduled speakers for the Company on the conference call include: Mel
Rhinelander, President and Chief Executive Officer; Mark Durishan,
Vice-President, Finance and Chief Financial Officer; and Christopher Barnes,
Manager, Investor Relations.

Extendicare, through its subsidiaries, operates 275 long-term care facilities
across North America, with capacity for 29,000 residents. As well, through its
operations in the United States, Extendicare offers medical specialty services
such as subacute care and rehabilitative therapy, while home health care
services are provided in Canada. The Company employs 36,400 people in the
United States and Canada.



For further information, contact:

Christopher Barnes
Manager, Investor Relations
Telephone: (905) 470-5483
Fax: (905) 470-4003

Visit Extendicares Website @ www.extendicare.com

-30-
NO. 07-09 -003 9-CR IN THE CO URT OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL C SEPTEM BER28, 2009

_________

_________

_________

___ JASON E. ST EEL Y, APPELL ANT

V. THE S TATE OF TEXAS, APPEL LEE

_________

_________

_________

______ FRO M T HE 13 7 T H DI ST RI CTCOU RTOF L UB BO CKCOU NT Y; NO . 200 7- 417068; H ON ORABLE CE CI L G. PU RY EAR , J UD GE

_________

_________

_________

____ Before QUINN, C.J., and HANCOCK and PIRT LE, JJ. ME MO RA ND UM OPI NI ON Follow ing a plea o f

n ot guilty , App ellant , Jason E. Stee ly , was con v icted b y a jury of poss ess ion of a controll ed subst ance, a sta te jai l felony . The ju ry se ntenc ed App ell ant to nin ete en m ont hs in a stat e jail fa cility . Pen ding before this C ourt is App ellant ’s Mo ti on to Dism iss Appe al in w hic h he re q uests that thi s Cour t w it hdraw

his noti ce of appeal and2

dis mis s t h e a p p e a l . As re q u i re d b y R u l e 4 2 . 2 ( a )o f t h e T e x a s R u l e s o f A p pel lat e Proced ure, th e mo tion is signed by Ap pellan t and h is attorne y . No decision of this Court hav ing been del ivered, t he moti on i s g ra nted and t he appe al isdi smi ss ed. No moti on for re hear ing w il l be ent ertai ned and our mandate w il l is sue forthw it h. Acc ordin g ly , t he appe al isdi smi ss ed.
Pat rick A. Pirtle Justice Do not p ubl is h.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 14

- 00099

- CR

Rodolfo Mata RODRIGUEZ

, Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2013CR4828

Honorable Ron Rangel, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE BARNARD , AND JUSTICE MARTINEZ

In accordance with this court’s opinion of this date, the judgment of the trial court is

AFFIRMED.

SIGNED February 25, 2015.

_____________________________ Karen Angelini, Justice
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       1,114,398
<SECURITIES>                                         0
<RECEIVABLES>                                7,756,997
<ALLOWANCES>                                   199,222
<INVENTORY>                                  4,753,607
<CURRENT-ASSETS>                            13,945,096
<PP&E>                                      95,994,790
<DEPRECIATION>                              26,658,234
<TOTAL-ASSETS>                              83,567,212
<CURRENT-LIABILITIES>                       17,765,457
<BONDS>                                     10,161,026
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,641,062
<OTHER-SE>                                  52,586,120
<TOTAL-LIABILITY-AND-EQUITY>                83,567,212
<SALES>                                     23,920,820
<TOTAL-REVENUES>                            23,920,820
<CGS>                                       21,869,382
<TOTAL-COSTS>                               21,869,382
<OTHER-EXPENSES>                               541,818
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             402,180
<INCOME-PRETAX>                              2,055,981
<INCOME-TAX>                                   760,713
<INCOME-CONTINUING>                          1,295,268
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,295,268
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .08
        

</TABLE>
Exhibit
      32(a)


CERTIFICATE
      PURSUANT TO 18 U.S.C. SECTION 1350


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


FOR
      PPL
      CORPORATION'S 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2007





In
      connection with the quarterly report on Form 10-Q of PPL Corporation (the
      "Company") for the quarter ended September 30, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the "Covered Report"),
      I,
      the principal executive officer of the Company, pursuant to 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      hereby certify that:





·
            The
                Covered Report fully complies with the requirements of Section 13(a)
                or
                15(d) of the Securities Exchange Act of 1934, as amended;
                and·
            The
                information contained in the Covered Report fairly presents, in all
                material respects, the financial condition and results of operations
                of
                the Company.











Date:  November
                1, 2007
            /s/  James
                H. MillerJames
                H. Miller
              Chairman,
                President and Chief Executive Officer
              PPL
                Corporation








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.