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

[962 NYS2d 627]

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Hinrichs, J.), rendered April 20, 2010, convicting him of murder in the first degree and conspiracy in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Hawkins,*11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution *(see People v*Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence *(see*CPL 470.15 [5]; *People v Danielson,*9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor *(see*
      *780
      *People v Mateo,*2 NY3d 383, 410 [2004], *cert denied*542 US 946 [2004]; *People v Bleakley,*69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see People v Romero,*7 NY3d 633 [2006]).

The defendant’s contention that he was deprived of a fair trial by the Supreme Court’s admission of certain evidence relating to his involvement in several fraudulent real estate transactions is without merit. The victim in this case, an attorney, had represented the defendant in connection with the subject real estate transactions, and had made restitution agreements on the defendant’s behalf with certain parties involved in the transactions. Under the circumstances of this case, the evidence was admissible to establish the defendant’s motive and to complete the narrative of events surrounding the charged crimes *(see People v Molineux,*168 NY 264 [1901]; *People v Holden,*82 AD3d 1007, 1008 [2011]; *People v Pinero,*270 AD2d 212 [2000]).

The defendant’s contention that the prosecutor improperly elicited testimony that the defendant had invoked his right to remain silent after receiving his *Miranda*rights *(see Miranda v Arizona,*384 US 436 [1966]) is unpreserved for appellate review *(see*CPL 470.05 [2]; *People v Loaiza,*201 AD2d 587, 587-588 [1994]). In any event, while we agree that this testimony was improperly elicited, the error was harmless beyond a reasonable doubt, since the evidence of the defendant’s guilt, without reference to the error, was overwhelming, and there is no reasonable possibility that the error might have contributed to his conviction *(see People v Crimmins,*36 NY2d 230 [1975]; *People v Davis,*223 AD2d 652, 653 [1996]; *People v Loaiza,*201 AD2d at 588; *cf. People v Polhill,*102 AD3d 988, 989 [2013]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80, 85 [1982]).

The defendant’s remaining contention is without merit.

Balkin, *J.P.,*Leventhal, Roman and Hinds-Radix, JJ., concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3695 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3695

   To amend the Federal Food, Drug, and Cosmetic Act to prohibit the 
                 marketing of authorized generic drugs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2006

 Mr. Rockefeller (for himself, Mr. Schumer, and Mr. Leahy) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Food, Drug, and Cosmetic Act to prohibit the 
                 marketing of authorized generic drugs.

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

SECTION 1. PROHIBITION OF AUTHORIZED GENERICS.

    Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
355) is amended by adding at the end the following:
    ``(o) Prohibition of Authorized Generic Drugs.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, no holder of a new drug application approved under 
        subsection (c) shall manufacture, market, sell, or distribute 
        an authorized generic drug, direct or indirectly, or authorize 
        any other person to manufacture, market, sell, or distribute an 
        authorized generic drug.
            ``(2) Authorized generic drug.--For purposes of this 
        subsection, the term `authorized generic drug'--
                    ``(A) means any version of a listed drug (as such 
                term is used in subsection (j)) that the holder of the 
                new drug application approved under subsection (c) for 
                that listed drug seeks to commence marketing, selling, 
                or distributing, directly or indirectly, after receipt 
                of a notice sent pursuant to subsection (j)(2)(B) with 
                respect to that listed drug; and
                    ``(B) does not include any drug to be marketed, 
                sold, or distributed--
                            ``(i) by an entity eligible for exclusivity 
                        with respect to such drug under subsection 
                        (j)(5)(B)(iv); or
                            ``(ii) after expiration or forfeiture of 
                        any exclusivity with respect to such drug under 
                        such subsection (j)(5)(B)(iv).''.
                                 <all>
```
Amendment No. 2 to Employment Agreement (Thomas A. Williams)



 Exhibit 10.5 
 Execution Copy 
 AMENDMENT TO 
 EMPLOYMENT AGREEMENT 
 Amendment to Employment Agreement dated as of
June 1, 2007 (the “Amendment”) between Affinion Group, Inc., a Delaware corporation (“Affinion” or the “Company”), and Thomas A. Williams (the “Executive”). 
 WHEREAS, the Executive entered into an Employment Agreement dated as of November 8, 2006 and amended on February 21, 2007 (the “Employment
Agreement”) with the Company; 
 WHEREAS, each of the Company and the Executive wants to amend the Employment Agreement on the terms and
conditions set forth in this Amendment; 
 NOW THEREFORE, in consideration of the foregoing and of other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Employment Agreement is hereby amended as follows: 
 1. Section 4(a)(ii)
of the Employment Agreement is hereby deleted in its entirety, and the following Section 4(a)(ii) hereby inserted in its place and stead: 
 “(ii) After the Date of Termination, the Company will pay Executive, in six quarterly installments commencing as of the Date of Termination, an aggregate sum equal to 100% of the sum of (x) Executive’s Annual Base Salary and
(y) Executive’s Target Bonus.” 
 2. Except as specifically amended above, the Employment Agreement remains unchanged and in
full force and effect. 
 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above. 
  

			
	AFFINION GROUP, INC.
		
	By:	 	/s/ Nathaniel J. Lipman
		 	Name: Nathaniel J. Lipman
		 	Title:   President and CEO
	
	EXECUTIVE:
	
	/s/ Thomas A. Williams
	Thomas A. Williams
ex105.htm


Exhibit 10.5



 


UNSECURED PROMISSORY NOTE













  



	
U.S. $180,000.00

	
August 5, 2015














FOR VALUE RECEIVED, the undersigned, Eos Petro, Inc., a Nevada corporation (the “Issuer”), hereby promises to pay to the order of Plethora Enterprises, LLC, a Wyoming limited liability company (the “Payee”), at such place as the Payee shall direct in writing, the principal sum of One Hundred Eighty Thousand Dollars ($180,000.00), with simple interest at 10% on the unpaid balance.  All references to Dollars herein are to lawful currency of the United States of America.







All unpaid principal of this Note and accrued interest shall be due and payable on January 1, 2016 (the “Maturity Date”). This Note may be prepaid at any time in whole or in part without premium or penalty.







In any action at law or in equity to enforce or construe any provisions or rights under this Note, the unsuccessful party or parties to such litigation, as determined by a court pursuant to a final offer, judgment or decree, shall pay to the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by such successful party.







Issuer promises to pay the reasonable attorneys’ fees and costs incurred by the Payee in connection with the collection and/or enforcement of this Note







Neither this Note nor any term hereof may be waived, amended, discharged, modified, changed or terminated except by an instrument in writing signed by Issuer and the Payee.  This Note shall bind the Issuer’s successors and assigns and shall inure to the benefit of the Payee and the Payee’s successors and assigns.







This Note and all actions arising out of or in connection with this Note shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions of the State of California, or of any other state.







 

 







EOS PETRO, INC.,


a Nevada corporation












By:           /s/ Nikolas Konstant


Nicholas Konstant


Chief Financial Officer
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                 H. R. 22

  To prohibit the Secretary of Energy from sending petroleum products 
 from the Strategic Petroleum Reserve to China, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2023

  Mrs. Rodgers of Washington (for herself, Mr. Duncan, Mr. Latta, Mr. 
 Curtis, Mr. Joyce of Pennsylvania, Mr. Guthrie, Mr. Johnson of Ohio, 
Mr. Burgess, Mr. Carter of Georgia, Mr. Hudson, Mr. Reschenthaler, Mr. 
Fulcher, Mr. Diaz-Balart, Mr. Higgins of Louisiana, Mr. Fitzgerald, Mr. 
 Dunn of Florida, Mr. Bilirakis, Mr. Walberg, Mr. Pence, Mr. Bucshon, 
    Mr. Wittman, Mr. Kean of New Jersey, Mr. Moylan, Mr. Kiley, Mr. 
 Griffith, Mrs. Lesko, Mr. Mike Garcia of California, Mr. Langworthy, 
 Ms. Stefanik, Ms. Van Duyne, Mrs. Spartz, Ms. Tenney, Mr. Webster of 
Florida, Mr. Weber of Texas, Mr. Issa, Mr. Balderson, Ms. Malliotakis, 
 Mr. Stauber, Mr. Zinke, Mr. Smith of Missouri, Ms. Mace, Mrs. Kiggans 
  of Virginia, Mr. Fallon, and Mr. Valadao) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To prohibit the Secretary of Energy from sending petroleum products 
 from the Strategic Petroleum Reserve to China, 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 ``Protecting America's Strategic 
Petroleum Reserve from China Act''.

SEC. 2. PROHIBITION ON SALES OF PETROLEUM PRODUCTS FROM THE STRATEGIC 
              PETROLEUM RESERVE TO CHINA.

    Notwithstanding any other provision of law, the Secretary of Energy 
shall not draw down and sell petroleum products from the Strategic 
Petroleum Reserve--
            (1) to any entity that is under the ownership, control, or 
        influence of the Chinese Communist Party; or
            (2) except on the condition that such petroleum products 
        will not be exported to the People's Republic of China.
                                 <all>
```
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

TRACY JACKSON, :

 :

Plaintiff, :

 :

vs. : CIVIL ACTION 10-00168-WS-B

 :

MUNICIPALITY OF SELMA, et al., : 

 :

Defendants. :

ORDER

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

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) and dated May 3, 2010, is ADOPTED as the opinion

of this Court. 

DONE and ORDERED this the 24th day of May, 2010.

 s/WILLIAM H. STEELE

 CHIEF UNITED STATES DISTRICT JUDGE

Case 2:10-cv-00168-WS-B Document 12 Filed 05/24/10 Page 1 of 1
EX-33.8
MANAGEMENT'S ASSERTION ON COMPLIANCE
WITH REGULATION AB CRITERIA

March 6, 2008

SunTrust Bank (the "Asserting Party") is responsible for assessing compliance
with the servicing criteria set forth in Title 17, Section 229.1122(d)(2)(i),
229.1122(d)(4)(i) and 229.1122(d)(4)(ii) of the Code of Federal Regulations
(the "CFR") (the "Applicable Servicing Criteria"), for securitization
transactions serviced by SunTrust Mortgage, Inc. occurring after December 31,
2005 (the "Platform"). The Asserting Party is not assessing compliance with any
other criteria set forth in Section 229.1122(d) of the CFR.

The Asserting Party used the applicable criteria in paragraph (d) of Title 17,
Section 229.1122 of the CFR to assess compliance with the Applicable Servicing
Criteria.

The Asserting Party has concluded that it has complied, in all material
respects, with the Applicable Servicing Criteria as of and for the twelve month
period ending December 31, 2007 (the "Reporting Period").

Ernst & Young LLP, an independent registered public accounting firm, has issued
an attestation report on the assessment of compliance with the Applicable
Servicing Criteria for the Reporting Period as set forth in this assertion.


SUNTRUST BANK
Solely with respect to Sections 229.1122(d)(4)(i) and 229.1122(d)(4)(ii)


By: /s/ Rosealma T. Burton
Name: Rosealma T. Burton
Title: First Vice President


SUNTRUST BANK
Solely with respect to Section 229.1122(d)(2)(i)


By: /s/ Tomas E. Suarez
Name: Tomas E. Suarez
Title: Group Vice President
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000318852
<NAME>                        Colorado Wyoming Reserve Company
<MULTIPLIER>                                         1
<CURRENCY>                                U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                            JUN-30-1999
<PERIOD-START>                               JUL-01-1998
<PERIOD-END>                                 SEP-30-1998
<EXCHANGE-RATE>                                      1
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    8,113
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                85,797
<PP&E>                                         694,185
<DEPRECIATION>                                  (7,452)
<TOTAL-ASSETS>                                 772,530
<CURRENT-LIABILITIES>                          328,561
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,917
<OTHER-SE>                                     419,052
<TOTAL-LIABILITY-AND-EQUITY>                   772,530
<SALES>                                          5,277
<TOTAL-REVENUES>                                 5,277
<CGS>                                           12,847
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               202,996
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              33,592
<INCOME-PRETAX>                               (244,158)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (244,158)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (244,158)
<EPS-PRIMARY>                                    (0.10)
<EPS-DILUTED>                                    (0.10)
        


</TABLE>
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1972 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 1972

To provide for a limitation on availability of funds for Department of 
 Health and Human Services, Centers for Disease Control and Prevention 
     Public Health Preparendness and Response 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 Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
 Health and Human Services, Centers for Disease Control and Prevention 
     Public Health Preparendness and Response 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 DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES, CENTERS FOR DISEASE CONTROL AND 
              PREVENTION PUBLIC HEALTH PREPARENDNESS AND RESPONSE FOR 
              FISCAL YEAR 2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Health and 
Human Services, Centers for Disease Control and Prevention Public 
Health Preparedness and Response for fiscal year 2024 may not exceed 
$862,200,000.
                                 <all>
```
<PAGE>

                            [GERDAU AMERISTEEL LOGO]

   GERDAU AMERISTEEL ANNOUNCES EARLY ADOPTION OF NEW ACCOUNTING STANDARD FOR
                             CANADIAN GAAP PURPOSES

TORONTO, MARCH 29, 2004 -- Gerdau Ameristeel Corporation (TSX: GNA.TO) announced
that it has early adopted the recommendation of the Canadian Institute of
Chartered Accountants (CICA Handbook Section 3860-20A) relating to the
accounting treatment of the Company's 6.5% convertible debentures due in April,
2007.

The recommendations specify that securities that can be settled for common stock
be accounted for as debt rather than equity, and this practice makes accounting
for these securities consistent under both Canadian and US GAAP. The Company's
decision to adopt the recommendations early for its Canadian GAAP financial
statements is consistent with its plan to use primarily US GAAP for 2004 public
financial reporting.

The Company's filings for the year ended December 31, 2003, will reflect the
early adoption and account for the 6.5% convertible debentures as debt and
interest on the debentures as interest expense instead of as a charge to
retained earnings. As a result, 2003 net income and earnings per share under
Canadian GAAP will be revised from a loss of $16.5 million, or $0.08 cents per
share, to a loss of $20.7 million, or $0.11 cents per share, respectively. Net
income and earnings per share under US GAAP remain unchanged. All figures are in
U.S. dollars.

The financial information in this press release amends the information in our
press release dated January 28, 2004. Our annual report, which will be mailed
soon, will reflect this revision. At the same time, the financial information
will be filed on SEDAR and will be available on the Company's Web site
www.gerdauameristeel.com.

ABOUT GERDAU AMERISTEEL

Gerdau Ameristeel is the second largest minimill steel producer in North America
with annual manufacturing capacity of over 6.8 million tons of mill finished
steel products. Through its vertically integrated network of 11 minimills
(including one 50%-owned minimill), 13 scrap recycling facilities and 32
downstream operations, Gerdau Ameristeel primarily serves customers in the
eastern half of North America. The company's products are generally sold to
steel service centers, fabricators, or directly to original equipment
manufacturers for use in a variety of industries, including construction,
automotive, mining and equipment manufacturing. Gerdau Ameristeel's common
shares are traded on the Toronto Stock Exchange under the symbol GNA.TO For
additional information, visit www.gerdauameristeel.com.

FOR MORE INFORMATION PLEASE CONTACT:

Phillip E. Casey                    Tom J. Landa
President & CEO                     Vice President and Chief Financial Officer
Gerdau Ameristeel                   Gerdau Ameristeel
(813) 207-2225                      (813) 207-2300
pcasey@gerdauameristeel.com         tlanda@gerdauameristeel.com
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   YEAR
<FISCAL-YEAR-END>               DEC-31-1996             DEC-31-1996
<PERIOD-END>                    SEP-30-1996             DEC-31-1996
<CASH>                               804550                       0
<SECURITIES>                              0                       0
<RECEIVABLES>                             0                       0 
<ALLOWANCES>                              0                       0
<INVENTORY>                               0                       0
<CURRENT-ASSETS>                          0                       0
<PP&E>                             10158699                       0
<DEPRECIATION>                      5729920                       0
<TOTAL-ASSETS>                      5310924                       0
<CURRENT-LIABILITIES>                     0                       0
<BONDS>                                   0                       0
<COMMON>                                  0                       0
<PREFERRED-MANDATORY>                     0                       0
<PREFERRED>                               0                       0
<OTHER-SE>                                0                       0
<TOTAL-LIABILITY-AND-EQUITY>        5310924                       0
<SALES>                             1894939                       0
<TOTAL-REVENUES>                    1907844                       0
<CGS>                                     0                       0
<TOTAL-COSTS>                             0                       0
<OTHER-EXPENSES>                          0                       0
<LOSS-PROVISION>                          0                       0
<INTEREST-EXPENSE>                        0                       0
<INCOME-PRETAX>                      833892                       0     
<INCOME-TAX>                              0                       0
<INCOME-CONTINUING>                  833892                       0
<DISCONTINUED>                            0                       0
<EXTRAORDINARY>                           0                       0
<CHANGES>                                 0                       0
<NET-INCOME>                         833892                       0
<EPS-PRIMARY>                             0                       0
<EPS-DILUTED>                             0                       0
        

</TABLE>