alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

ERIC HARVEY LITTLECALF,

Defendant

- Appellant. No. 16

- 30196

D.C. No.

1:14

- cr

- 00130

- SPW

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted August 31, 2017 **

Seattle, Washington

Before: McKEOWN and GOULD, Circuit Judges, and FOOTE, *** District Judge.

Eric Littlecalf appeals his convictions for assault resulting in serious bodily

injury, in violation of 18 U.S.C. §§ 113(a)(6), 1153(a), and 3559(f)(3), and felony

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable Elizabeth E. Foote, United States District Judg e for the

Western District of Louisiana, sitting by designation. 

# FILED

OCT 12 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

child abuse, in violation of 18 U.S.C. § 1153(b) and Montana Code Annotated

§ 45

- 5

- 212(1) and (2). The convictions stem from injur ies suffered by K.L., his

eight

- month

- old son. Littlecalf contends there was insufficient evidence to sustain

the convictions. We affirm.

There is sufficient evidence to support a conviction if, after considering the

evidence in the light most favorable to the prosecution, “ any rational trier of fact

could have found the essential elements of the crime beyond a reasonable doubt.”

Jackson v. Virginia , 443 U.S. 307, 319 (1979)

.

Evidence at trial established that K.L. suffered a skull fracture and subdural

hematoma. The government presented evidence that Little calf admitted to striking

K.L. and that K.L.’s injuries were consistent with Littlecalf’s admission. One of

K.L.’s treating physicians testified that K.L.’s in juries involved the protracted loss

or impairment of the function of a body member, organ, or mental faculty, and two

of K.L.’s treating physicians testified t hat his injuries involved extreme physical

pain.

Accordingly, there was sufficient evidence for a rational jury to convict

Littlecalf.

AFFIRMED.
#### The People of the State of New York, Respondent, v James Whiting, Appellant.

[824 NYS2d 905]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered June 16, 2004, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a *638hearing, of that branch of the defendants’ omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress the complainant’s identification of him. The complainant’s identification of the defendant was confirmatory and not unduly suggestive *(see People v Bazelias,*220 AD2d 443 [1995]; *People v Griffin,*161 AD2d 799 [1990]).

Further, the trial court providently exercised its discretion in denying the defendant’s motion to reopen the *Wade*hearing *(see United States v Wade,*388 US 218 [1967]; *People v Clark,*88 NY2d 552 [1996]; *People v Robinson,*280 AD2d 687 [2001]).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s contentions in point two of the his brief relating to *Brady*violations *(see Brady v Maryland,*373 US 83 [1963]), and point three of his brief relating to reopening the *Wade*hearing to question a police witness about evidence turned over late by the People and the admission of a weapon into evidence, are without merit. The defendant’s contentions in point two of his brief relating to summation comments and point three of his brief relating to the limitation of questioning at the *Wade*hearing are unpreserved for appellate review and, in any event, are without merit. Miller, J.P, Ritter, Santucci and Lunn, JJ., concur.
Exhibit 32.1





Certification of CEO and CFO

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 on Form 10-Q of National Property Investors 4 (the "Partnership"), for the quarterly period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Martha L. Long, as the equivalent of the chief executive officer of the Partnership, and Stephen B. Waters, as the equivalent of the chief financial officer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



(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 results of operations of the Partnership.



| |                        
| | -----------------------
| | /s/Martha L. Long      
| | Name: Martha L. Long   
| | Date: August 13, 2008  
| |                        
| | /s/Stephen B. Waters   
| | Name: Stephen B. Waters
| | Date: August 13, 2008  





This certification
is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not be deemed filed by the Partnership for purposes of Section
18 of the Securities Exchange Act of 1934, as amended.
[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Notices]
[Page 2684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00679]


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

DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Performance Review Board Membership

AGENCY: Department of the Navy, DoD.

ACTION: Notice.

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

SUMMARY: Pursuant to 5 U.S.C. 4314(c)(4), the Department of Navy (DON) 
announces the appointment of members to the DON's numerous Senior 
Executive Service (SES) Performance Review Boards (PRBs). The purpose 
of the PRBs is to provide fair and impartial review of the annual SES 
performance appraisal prepared by the senior executive's immediate and 
second level supervisor; to make recommendations to appointing 
officials regarding acceptance or modification of the performance 
rating; and to make recommendations for performance bonuses and basic 
pay increases. Composition of the specific PRBs will be determined on 
an ad hoc basis from among the individuals listed below:

CAPT Mark Bruington
CAPT Robert Palisin
Dr. Frank Herr
Dr. John Montgomery
Dr. John Zangardi
Dr. Judith Lean
Dr. Thomas Killion
Dr. Walter Jones
Honorable Juan M. Garcia
Mr. Anthony Cifone
Mr. Brian Persons
Mr. Bryan Wood
Mr. Charles Cook
Mr. Dennis Biddick
Mr. Donald McCormack
Mr. Donald Schregardus
Mr. Elliott Branch
Mr. Garry Newton
Mr. Gary Kessler
Mr. James McCarthy
Mr. James Smerchansky
Mr. James Thomsen
Mr. Jerome Punderson
Mr. John Goodhart
Mr. Joseph Ludovici
Mr. Mark Andress
Mr. Mark Honecker
Mr. Mark Lutterloh
Mr. Michael Kistler
Mr. Patrick Sullivan
Mr. Phillip Chudoba
Mr. Robert Hogue
Mr. Robert Woods
Mr. Ronald Davis
Mr. Samuel Worth
Mr. Scott O'Neil
Mr. Steven Iselin
Mr. Thomas Dee
Mr. Thomas Ledvina
Mr. Todd Balazs
Mr. Victor Ackley
Mr. Victor Gavin
Mr. William Deligne
Ms. Allison Stiller
Ms. Anne Brennan
Ms. Anne Davis
Ms. Ariane Whittemore
Ms. BJ White-Olson
Ms. Carmela Keeney
Ms. Katherine Mattson
Ms. Lynn Wright
Ms. Mary Lacey
Ms. Sharon Smoot
Ms. Sheryl Murray
RADM Elizabeth Train
RADM Kevin Slates
RDML Brian Antonio
RDML Lawrence Creevy
RDML Mark Whitney
RDML Michael Moran
RDML Tom Kearney
VADM Paul Grosklags

FOR FURTHER INFORMATION CONTACT: Jacqueline Wourman, Performance 
Management Program Manager, Executive Management Program Office, Office 
of Civilian Human Resources at 202 685-6665.

    Dated: January 12, 2015.
N. A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register 
Liaison Officer.
[FR Doc. 2015-00679 Filed 1-16-15; 8:45 am]
BILLING CODE 3810-FF-P
#### Cipriana Martinez, Appellant, v William T. Murdock et al., Respondents.

(Appeal No. 2.)

[974 NYS2d 878]

— Appeal from an order of the Supreme Court, Oneida County (David A. *1445Murad, J.), entered January 7, 2013. The order, inter alia, granted those parts of the motion of defendants for an order compelling plaintiff to appear for a medical examination and affording defendants an extension of time in which to file any “dispositive motions.”

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in *Martinez v Murdock*(111 AD3d 1443 [2013]). Present — Smith, J.P, Peradotto, Lindley, Valentino and Whalen, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM FORM 10-Q FOR
PRIMA ENERGY CORPORATION FOR THE THREE MONTHS ENDED MARCH 31, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       8,432,000
<SECURITIES>                                 1,432,000
<RECEIVABLES>                                4,495,000
<ALLOWANCES>                                  (45,000)
<INVENTORY>                                    616,000
<CURRENT-ASSETS>                            15,380,000
<PP&E>                                      58,905,000
<DEPRECIATION>                            (25,251,000)
<TOTAL-ASSETS>                              49,942,000
<CURRENT-LIABILITIES>                        5,074,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        87,000
<OTHER-SE>                                  37,873,000
<TOTAL-LIABILITY-AND-EQUITY>                49,942,000
<SALES>                                     10,727,000
<TOTAL-REVENUES>                            11,913,000
<CGS>                                        7,708,000
<TOTAL-COSTS>                                7,708,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,692,000
<INCOME-TAX>                                 1,015,000
<INCOME-CONTINUING>                          2,677,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,677,000
<EPS-PRIMARY>                                      .45
<EPS-DILUTED>                                      .45
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       4,071,727
<SECURITIES>                                         0
<RECEIVABLES>                                1,017,789
<ALLOWANCES>                                   295,604
<INVENTORY>                                          0
<CURRENT-ASSETS>                            16,190,055
<PP&E>                                       2,201,268
<DEPRECIATION>                               1,035,605
<TOTAL-ASSETS>                              31,455,955
<CURRENT-LIABILITIES>                        4,095,983
<BONDS>                                      6,500,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,423
<OTHER-SE>                                  20,852,549
<TOTAL-LIABILITY-AND-EQUITY>                31,455,955
<SALES>                                              0
<TOTAL-REVENUES>                             6,555,244
<CGS>                                        2,079,406
<TOTAL-COSTS>                                4,789,226
<OTHER-EXPENSES>                             1,946,398
<LOSS-PROVISION>                               379,962
<INTEREST-EXPENSE>                             178,765
<INCOME-PRETAX>                                180,380
<INCOME-TAX>                                   467,486
<INCOME-CONTINUING>                            647,866
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   647,866
<EPS-BASIC>                                        .09
<EPS-DILUTED>                                      .09


</TABLE>
EXHIBIT
32.1





CERTIFICATION


PURSUANT
TO 18 U.S.C. SECTION 1350





In
connection with the Quarterly Report of Sparta Commercial Services, Inc. (the
"Company") on Form 10-Q for the quarterly period ended October 31, 2008, as
filed with the Securities and Exchange Commission on the date therein specified
(the "Report"), I, Anthony L. Havens, as Chief Executive Officer of the Company,
hereby certify, pursuant to 18 U.S.C. Section 1350, 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 results of operations of the
      Company.




/s/ Anthony L. HavensAnthony
      L. HavensChief
      Executive OfficerDate:
      December 22, 2008
October 11, 2012

JUDGMENT

The Fourteenth Court of Appeals

JERI DAWN MONTGOMERY, Appellant

NO. 14-09-00887-CR V.

THE STATE OF TEXAS, Appellee

This cause was heard ON REMAND from the Court of Criminal Appeals on the 

transcript of the record of the court below. The record reveals no error in the judgment. 

The Court orders the judgment be AFFIRMED.

We further order this decision certified below for observance.
Exhibit 31


 Re: Morgan Stanley ABS Capital I Inc. Trust 2007-HE2, Mortgage Pass-
Through Certificates, Series 2007-HE2, issued pursuant to the Pooling
and Servicing Agreement dated as of February 1, 2007, among Morgan
Stanley ABS Capital I Inc., as depositor, Saxon Mortgage Services,
Inc., as a servicer, Countrywide Home Loans Servicing LP, as a
servicer, New Century Mortgage Corporation, as a servicer, Wells Fargo
Bank National Association, as a servicer and a custodian, NC Capital
Corporation, as a responsible party, WMC Mortgage Corp., as a
responsible party, LaSalle Bank National Association, as a custodian,
and Deutsche Bank National Trust Company, as trustee.

I, Steven Shapiro , certify that:

     1.  I have reviewed this report on Form 10-K and all reports on
 Form 10-D required to be filed in respect of the period covered by
 this report on Form 10-K of Morgan Stanley ABS Capital I Inc. Trust
2007-HE2 (the "Exchange Act periodic reports");

     2.  Based on my knowledge, the Exchange Act periodic reports,
taken as a whole, do 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 as of the last day of the period covered by this
 Report;

     3.  Based on my knowledge, all of the distribution, servicing and
 other information required to be provided under Form 10-D for the
period covered by this report is included in the Exchange Act periodic
 reports;

     4.  Based on my knowledge and the servicer compliance statements
required in this report under Item 1123 of Regulation AB, and except
as disclosed in the Exchange Act periodic reports, the servicers have
 fulfilled their obligations under the servicing agreements in all
material respects; and

     5.  All of the reports on assessment of compliance with servicing
 criteria for asset-backed securities and their related attestation
reports on assessment of compliance with servicing criteria for
asset-backed securities required to be included in this report in
accordance with Item 1122 of Regulation AB and Exchange Act Rules
13a-18 and 15d-18 have been included as an exhibit to this report,
 except as otherwise disclosed in this report.  Any material
instances of noncompliance described in such reports have been
disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated parties:
Countrywide Home Loans Servicing LP, as servicer, Wells Fargo
Bank, National Association, as servicer Wells Fargo Bank, National
Association, as a custodian, LaSalle Bank National Association, as a
cusrodian and Deutsche Bank National Trust Compnay, as trustee.

Date: March 28, 2008

/s/  Steven Shapiro
Steven Shapiro
Vice President
(senior officer in charge of securitization of the depositor)
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2165 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2165

     To provide for a limitation on availability of funds for U.S. 
    Department of Interior, National Park Service, Operation of the 
               National Park System 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 Natural Resources

_______________________________________________________________________

                                 A BILL

 
     To provide for a limitation on availability of funds for U.S. 
    Department of Interior, National Park Service, Operation of the 
               National Park System for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR U.S. DEPARTMENT OF 
              INTERIOR, NATIONAL PARK SERVICE, OPERATION OF THE 
              NATIONAL PARK SYSTEM FOR FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for U.S. Department of 
Interior, National Park Service, Operation of the National Park System 
for fiscal year 2024 may not exceed $2,502,711,000.
                                 <all>
```
Unassociated Document


    PROMISSORY
      NOTE

    


    $200,000.00
      USD.
      Date: May 17, 2007

    


    


    FOR
      VALUE
      RECEIVED, RAVEN GOLD CORP. (the “Promissor”) hereby promises to pay to 1230144
      Alberta, Ltd., or such other holder for the time being hereof (the “Holder”),
      the principal amount of Two Hundred Thousand Dollars ($200,000.00) in United
      States currency (the “Principal Amount”), and to pay interest thereon at the
      rate of ten per cent (10%) per annum calculated annually from May 1, 2007,
      on so
      much of the Principal Amount as shall be outstanding from time to time, ON
      DEMAND. This Promissory Note is dated as of May 17, 2007, and shall be effective
      as of October 3, 2006.

    


    Time
      shall be of the essence of this Note. Extension of time for payment of all
      or
      any part of the amount owing hereunder at any time or times, or failure of
      the
      Holder to enforce any of the rights or remedies hereunder, shall not release
      the
      Promissor and shall not constitute a waiver of the rights of the Holder to
      enforce such rights and remedies thereafter.

    


    Should
      suit be brought to recover on this Note, the Promissor promises to pay
      reasonable attorney’s fees and court costs in addition to the amount found to be
      due on this Note.

    


    The
      Holder acknowledges and agrees that the Promissor is a public company having
      reporting obligations under the Securities Exchange Act of 1934, and that the
      Promissor shall file a Current Report on Form 8-K with the Securities and
      Exchange Commission (the “SEC”), upon the execution of this Note, setting forth
      the terms of this Note and filing a copy of this Note as an exhibit thereto.
      The
      Holder further acknowledges and agrees that the Promissor shall have the right
      to make any filing with the SEC or disclose the terms of this Note, without
      the
      prior approval of the Holder if such disclosure is required by law, court order
      or the SEC rules or regulations.

    


    IN
      WITNESS WHEREOF the Promissor has executed this Note on May 17,
      2007.

     

    
 

    


    RAVEN
      GOLD CORP.

    
 

    By:
      /s/
      Gary Haukeland

    
      
        

      

    

    Name:
      Gary Haukeland

    Title:
      Chief Executive Officer
**Exhibit 31.2**

** **

**CERTIFICATION PURSUANT TO EXCHANGE ACT**

**RULE 13a-14(a)/15d-14(a), AS ADOPTED PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

** **

I, Thomas J. Paulson, certify that:

 

1. I have reviewed this Form 10-K/A of NovaBay Pharmaceuticals, Inc.; and

 

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.

 

Date: April 13, 2015

 

Thomas J. Paulson

Chief Financial Officer and Treasurer

(principal financial and accounting officer)