alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
From: The District Court of the 11th Judicial District. County of Flathead.

#### STATE OF MONTANA, Plaintiff, vs. NICHOLAS WINZENBURG, Defendant,

CAUSE NO. DC-05-528A DECISION

On November 15, 2007, the defendant was sentenced to a commitment to the Department of Corrections for a term of five (5) years, followed by a suspended term of five (5) years to the Montana State Prison, for violation of the conditions of a suspended sentence for the offense of Theft, a felony. The Defendant shall enter and successfully complete the Treasure State Training Facility (Boot Camp).

On February 12,2009, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was not present. However, Eric Olson, defense counsel, was present. The state was represented by Tara Fugina.

Before hearing the application, Mr. Olson informed the Sentence Review Division that the defendant was not present due to the fact that he was waiving his sentence and the defendant told him that he was mailing his waiver form to the Sentence Review Division. The Sentence Review Division had not received the waiver form prior to the hearing date.

Therefore, it is the unanimous decision of the Sentence Review Division that the application for review of sentence shall be continued pending receipt of the waiver from the defendant. If the waiver form is not received by the Sentence Review Division prior to April 1,2009, the hearing will be scheduled for the next available hearing date in May, 2009.

Done in open Court this 12th day of February, 2009.

DATED this 27th day of February, 2009.

Chairperson, Hon. Stewart Stadler, Member, Hon. Blair Jones and Member, Richard Simonton.
#### UNITED STATES of America, Plaintiff-Appellee, v. Mario KIKIVARAKIS, Defendant-Appellant.

No. 06-7071.

United States Court of Appeals, Fourth Circuit.

Submitted: Oct. 17, 2006.

Decided: Oct. 20, 2006.

*461Mario Kikivarakis, Appellant Pro Se. Jane Barrett Taylor, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Mario Kikivarakis seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude Kikivarakis has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.*
#### UNITED STATES of America, Plaintiff-Appellee, v. Narciso MONTES-PAYAN, a.k.a. Gregorio Torres-Quintero; et al., Defendant-Appellant.

No. 06-30222.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 11, 2006.*

Filed Oct. 17, 2006.

James P. Hagarty, Esq., USYA-Office of the U.S. Attorney, Yakima, WA, for Plaintiff — Appellee.

Tracy Staab, FPDWA-Federal Public Defender’s Office, Spokane, WA, for Defendant — Appellant.

Before: TASHIMA, W. FLETCHER and BERZON, Circuit Judges.

*

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

*119MEMORANDUM **

Narciso Montes-Payan appeals the sentence imposed following his guilty plea to being a deported alien found in the United States, in violation of 8 U.S.C. section 1326.

We have reviewed the record, the response to the motion for summary affir-mance, and the opening brief and conclude that the questions raised in this appeal are so insubstantial as not to require further argument. *See United States v. Hooton,*693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). Appellant’s argument that the fact of the temporal relationship of the removal to the prior conviction is beyond the scope of the Supreme Court’s recidivism exception is foreclosed by *United States v. Castillo-Rivera,*244 F.3d 1020, 1025 (9th Cir.2001). Further, the United States Supreme Court’s decision in *Almendarez-Torres v. United States,*523 U.S. 224, 247, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), remains binding on this court until the Court overrules it. *See United States v. Weiland,*420 F.3d 1062, 1079 n. 16 (9th Cir.2005); *see also United States v. Beng-Salazar,*452 F.3d 1088 (9th Cir.2006).

Accordingly, the government’s motion for summary affirmance of the district court’s judgment is granted.

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 9th Cir. R. 36-3.
NOT FINAL UNTIL TIME EXPI RES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT

K.P., ) ) Appellant, ) ) v. ) Case No. 2D16-3652 ) STATE OF FLORIDA, ) ) Appellee. ) )
Opinion filed November 17, 2017.

A ppeal from the Circuit Court for Hillsborough County; Manual A. Lopez, Judge.
Howard L. Dimmig, II, Public Defender, and Robert D. Rosen, Assis tant Public Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, A ssistant Attorney General, Tampa, for A ppellee.

PER CURIAM.
K.P. appeals from the disposition order withholding adjudicat ion but
finding him guilty of petit theft and burglary of a conveyance. The State's case rested
upon the inference in section 812.022, Florida Statutes (2015), that "proof of possession
of property recently stolen, unless satisfactorily explained, g ives rise to an inference that- 2 - the person in possession of the property knew or should have kn own that the property
had been stolen." See § 812.022(2). Because K.P. "satisfactor ily explained" his
possession of the stolen item with unrefuted testimony, the tri al court erred in denying
the motion for judgment of dismissal. We therefore reverse and remand for entry of a
judgment of dismissal.

NORTHCUTT, BLACK, and SALARIO, JJ., Concur.
<TABLE> <S> <C>

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<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       2,491,000
<SECURITIES>                                         0
<RECEIVABLES>                              127,370,000
<ALLOWANCES>                                10,768,000
<INVENTORY>                                  1,199,000
<CURRENT-ASSETS>                           120,292,000
<PP&E>                                       6,221,596
<DEPRECIATION>                             (3,994,596)
<TOTAL-ASSETS>                             126,944,000
<CURRENT-LIABILITIES>                       96,329,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    201,000
<COMMON>                                       290,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               126,944,000
<SALES>                                      3,965,000
<TOTAL-REVENUES>                             3,965,000
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                           (1,507,000)
<INTEREST-EXPENSE>                           1,944,000
<INCOME-PRETAX>                            (4,769,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (4,769,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,769,000)
<EPS-PRIMARY>                                   (0.85)
<EPS-DILUTED>                                   (0.85)
        

</TABLE>
##### 



Exhibit 31.2
 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO EXCHANGE ACT RULES 13a-14(a) AND 15(d) -14(a), AS ADOPTED
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this annual report on Form 10-K of ShoreTel, Inc.;2.
    
    Based on my knowledge, this 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 report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this 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 report;4.
    
    The registrants other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 a.
    
    Designed such disclosure controls and procedures,
or caused such disclosure controls and procedures
to be designed under our supervision, 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 report is being prepared;b.
    
    Evaluated the effectiveness of the registrants
disclosure controls and procedures and presented
in this report our conclusions about the
effectiveness of the disclosure controls and
procedures, as of the end of the period covered by
this report based on such evaluation; andc.
    
    Disclosed in this report any change in the
registrants internal control over financial
reporting that occurred during the registrants
fourth fiscal quarter that has materially
affected, or is reasonably likely to materially
affect, the registrants internal control over
financial reporting; and
 5.
    
    The registrants other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to
the registrants auditors and the audit committee of the registrants board of
directors (or persons performing the equivalent functions):
 a.
    
    All significant deficiencies and material
weaknesses in the design or operation of internal
control over financial reporting which are
reasonably likely to adversely affect the
registrants ability to record, process, summarize
and report financial information; andb.
    
    Any fraud, whether or not material, that involves
management or other employees who have a
significant role in the registrants internal
control over financial reporting.
 Date:
September 27, 2007
    
    /s/ MICHAEL E. HEALY

Michael E. HealyChief Financial Officer(Principal Accounting
and Financial Officer)
<PAGE>

================================================================================


                                    FORM 6-K
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                        Report of Foreign Private Issuer


                        PURSUANT TO RULE 13a-16 OR 15d-16
                     OF THE SECURITIES EXCHANGE ACT OF 1934

                                November 19, 2004

                         Commission File Number: 0-22346

                                 HOLLINGER INC.
                 (Translation of registrant's name into English)

                                10 TORONTO STREET
                            TORONTO, ONTARIO M5C 2B7
                                     CANADA
                    (Address of principal executive offices)


Indicate by check mark whether the registrant files or will file annual reports
under cover Form 20-F or Form 40-F.

                           Form 20-F [X] Form 40-F [ ]

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1): ____

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7): ____

Indicate by check mark whether by furnishing the information contained in this
Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                                 Yes [ ] No [X]

If "Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): 82- ________


================================================================================

<PAGE>

                                  EXHIBIT LIST


Exhibit                  Description
-------                  ------------

99.1                     Press Release, dated November 18, regarding Hollinger
                         Inc. Changes to Board Composition.

<PAGE>

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

Date:  November 19, 2004


                                        HOLLINGER INC.

                                        By /s/ Peter G. White
                                           -------------------------------------
                                           Name:  Peter G. White
                                           Title: Co-Chief Operating Officer
                                                  and Secretary
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Agency for International Development

# AGENCY:

United States Agency for International Development.

# ACTION:

Notice of charter renewal.

# SUMMARY:

Pursuant to the Federal Advisory Committee Act, notice is hereby given of the renewal of the Charter of the Advisory Committee on Voluntary Foreign Aid.

## Purpose of the Committee

The Advisory Committee on Voluntary Foreign Aid (ACVFA) brings together USAID and private voluntary organizations (PVO) officials, representatives from universities, international nongovernment organizations (NGOs), U.S. businesses, and government, multilateral, and private organizations to foster understanding, communication, and cooperation in the area of foreign aid.

The Charter is being renewed for two years effective from the date of filing on January 13, 2015.

# FOR FURTHER INFORMATION CONTACT:

Jayne Thomisee, 202-712-5506.

Dated: January 9, 2015.

Christa White,

Committee Management Officer.

[FR Doc. 2015-00443 Filed 1-13-15; 11:15 am]

BILLING CODE 6116-02-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Manuel DE JESUS JIMENEZ, Defendant-Appellant.

No. 06-40153.

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, Philip G. Gallagher, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Manuel De Jesus Jimenez has *658moved for leave to withdraw and has filed a brief as required by *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). De Jesus Jimenez has not filed a response. Our independent review of the brief and the record discloses no nonfrivolous issue in this direct appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 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.
##### 



Sun Life Financial to establish holding company
for asset management businesses Toronto, Ontario 
October 28, 2004 Sun Life Financial Inc. (NYSE/TSX:
SLF) and its wholly owned subsidiary, Sun Life Assurance Company of Canada (Sun
Life Assurance) today announced that their Boards of Directors have approved,
subject to receipt of regulatory approvals, a reorganization plan under which
most of Sun Life Assurances asset management businesses in Canada and the
U.S., including its U.S. Annuities business, will be transferred to a newly
incorporated subsidiary of Sun Life Financial Inc., effective
January 4, 2005. Under the reorganization, Sun Life Assurance will transfer its shares of CI
Fund Management Inc., McLean Budden Limited, MFS Investments and its other U.S.
subsidiaries. After the reorganization, the operations remaining in Sun Life
Assurance will consist primarily of the life, health and annuities businesses
of Sun Life Financial Canada, most of the life and health businesses of Sun
Life Financial US and all of the operations of Sun Life Financial UK and Sun
Life Financial Asia. The reorganization will allow Sun Life Financial to optimize its capital
structure by positioning it to benefit from the new capital rules for life
insurance holding companies recently proposed by the Office of the
Superintendent of Financial Institutions, Canada. Sun Life Assurance will continue to have a very strong capital ratio after the
reorganization. The reorganization is not expected to have any impact
on the financial strength ratings of Sun Life Assurance and it will
have no impact on policyholders benefits and the quality of
policyholder services will not be diminished. The reorganization is subject
to final regulatory approval from certain regulators, which are
expected to be received by January 4, 2005. Sun Life Financial is a leading international financial services organization
providing a diverse range of wealth accumulation and protection products and
services to individuals and corporate customers. Tracing its roots back to
1865, Sun Life Financial and its partners today have operations in key markets
worldwide, including Canada, the United States, the United Kingdom, Hong Kong,
the Philippines, Japan, Indonesia, India, China and Bermuda. As of September
30, 2004, the Sun Life Financial group of companies had total assets under
management of CDN$355.4 billion. All figures in Canadian dollars. - 30 - Media Relations Contact:
    
    Investor Relations Contact:Nicholas Thomas
    
    Tom ReidDirector, Media and Public Relations
    
    Vice-President, Investor RelationsTel: 416-979-6070
    
    Tel: 416-204-8163nicholas.thomas@sunlife.com
    
    Investor.relations@sunlife.com
663 A.2d 1351

#### SENATOR JOHN A LYNCH AND SENATOR BERNARD F. KENNY, JR. v. BRIAN W. CLYMER, STATE TREASURER, DEPARTMENT OF THE TREASURY, STATE OF NEW JERSEY.

June 26, 1995.

ORDER

This matter having been duly presented to the Court on the Attorney General’s petition for certification and her motion for a stay of the Appellate Division’s judgment of June 22, 1995, ordering that the Treasurer of the State of New Jersey furnish to plaintiffs a copy of a letter that the Treasurer had received in May of 1995 from the Internal Revenue Service concerning certain 1992 pension changes and their effect on the State Pension System (the letter);

And the Court having reviewed the record and considered the briefs of counsel and the arguments contained therein;

And it appearing to the Court that the Superior Court, Law Division, had not viewed the letter when it made its determination that the document should not be released;

And the parties having stipulated that the letter is a common-law record;

And it further appearing that the interests of the legislators must be balanced with the interests of the executive branch in the common-law balancing process that is predicate to any disclosure of the internal records of the executive branch;

*442And it further appearing to this Court, which has viewed the letter *in camera,*that the record is insufficient to assess the respective interests of the parties with respect to the need for confidentiality of the document, specifically the extent of any harm to the legislative process resulting from nondisclosure of the contents of the letter in contrast with any harm to the State’s negotiating process that might result from the disclosure thereof;

And good cause appearing;

It is ORDERED that the petition for certification is granted and the matter is summarily remanded to the Law Division for further proceedings consistent with this Order; and it is further

ORDERED that that court shall conduct an *in camera*hearing at which it shall review the letter and consider the extent to which it should take evidence necessary to determine whether the confidentiality of the letter should be preserved; and it is further

ORDERED that the motion for a stay is dismissed as moot.

Chief Justice WILENTZ and Justices POLLOCK, O’HERN, and COLEMAN join in this Order.

Justices HANDLER and GARIBALDI would summarily reverse the judgment of the Appellate Division.

Justice STEIN would summarily affirm its judgment.
EXHIBIT 35.3

                    SERVICER COMPLIANCE STATEMENT (ITEM 1123)

                           HOMECOMINGS FINANCIAL, LLC

                RALI SERIES 2007-QO2 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of Homecomings  Financial,  LLC, as
servicer (the "Servicer") pursuant to the applicable  servicing agreement,  does
hereby certify that:

1. A review of the  Servicer's  activities  during the period from and including
February 27, 2007 through and including September 24, 2007 and of the Servicer's
performance  under the  applicable  servicing  agreement  has been made under my
supervision.

2. To the best of my knowledge, based on such review, the Servicer has fulfilled
all of its obligations under the applicable  servicing agreement in all material
respects  throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 24th
day of March 2008.


By:   /s/ Anthony N. Renzi
      Name:   Anthony N. Renzi
      Title:  Managing Director