alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Anthony BROWN, Defendant-Appellant.

No. 06-2622.

United States Court of Appeals, Seventh Circuit.

Oct. 20, 2006.*

Barry Miller, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appel-lee.

Kevin M. Fee, Jr., Sidley Austin, Chicago, IL, for Defendant-Appellant.

Before Hon. FRANK H. EASTERBROOK, Hon. ILANA DIAMOND ROVNER, and Hon. DIANE S. SYKES, Circuit Judges.

*

 After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. *See*Fed. R.App. P. 34(a)(2)(C).

ORDER

In Anthony Brown’s initial appeal, this court affirmed his convictions but ordered a limited remand pursuant to *United States v. Paladino,*401 F.3d 471 (7th Cir. 2005). *United States v. Gougis,*432 F.3d 735, 746 (7th Cir.2005). The district judge conducted the *Paladino*remand and advised us that she would have imposed a shorter sentence had she known the Sentencing Guidelines were advisory. Accordingly, on April 5, 2006, we vacated Anthony Brown’s sentence and remanded this case to the district court for resentencing. The district judge held a resentencing hearing but denied Brown’s request for a new Presentence Report and did not allow him to present evidence. The court imposed a sentence of 92 months, five months shorter than Brown’s original 97-month sentence.

Brown now appeals, arguing that the district court committed reversible procedural error by refusing to conduct a full, “clean slate” resentencing. We agree. Unlike the limited *Paladino*remand, in which the district judge was asked to consider only the question of whether she would have imposed a lesser sentence under an advisory Guidelines system, our April 5, 2006 order vacating Brown’s sentence and remanding for resentencing called for a complete — not limited — resen-tencing. *See United States v. White,*406 F.3d 827, 832 (7th Cir.2005); *United States v. Polland,*56 F.3d 776, 777 (7th Cir.1995). That did not occur here. This is not to suggest that all the evidence Brown wanted to present should have been received by the district court, only that the resentenc-ing, like the original sentencing, was not limited in nature and is governed by Rule 32 of the Federal Rules of Criminal Procedure. Accordingly, we once again vacate Brown’s sentence and remand for resen-tencing. Circuit Rule 36 shall apply on remand.
Ready to chart your new path? Apply to the 

NGA College Internship Program at:

Careers.NGA.mil

NGA College Internship Program Checklist

 At least 18 years of age by application submission

 U.S. Citizen

 Ability to obtain and retain a Top/Secret/Sensitive

Compartmented Information (TS/SCI) Clearance

 Pass mandatory Counterintelligence (CI) Polygraph

 Pass mandatory pre-employment requirements

 Currently enrolled in an accredited college or university,

working towards an Associates, Bachelors, Masters or

Doctorate degree that aligns with an NGA work role

 Commit to at least, a 10-week internship during the

summer break

OCC 230203-013

Approved for public release, NGA-U-2023-00323.
[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Notices]
[Pages 22764-22765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11296]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11724 and <greek-i>11725]


Georgia Disaster Number GA-00023

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 3.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Georgia 
(FEMA-1833-DR), dated 04/23/2009.
    Incident: Severe Storms, Flooding, Tornadoes and Straight-line 
Winds.
    Incident Period: 03/26/2009 through 04/13/2009.

DATES: Effective Date: 05/07/2009.
    Physical Loan Application Deadline Date: 06/22/2009.
    Economic Injury (EIDL) Loan Application Deadline Date: 01/23/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance,U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Georgia, dated 04/23/2009, is hereby amended to include the following 
areas as adversely affected by the disaster.

Primary Counties: Brantley,
    Lee, McIntosh, Seminole.

    All other information in the original declaration remains 
unchanged.


[[Page 22765]]


(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E9-11296 Filed 5-13-09; 8:45 am]
BILLING CODE 8025-01-P
[909 NE2d 577, 881 NYS2d 655]

#### Christopher Hotaling et al., Appellants, v City of New York et al., Respondents.

Decided June 4, 2009

APPEARANCES OF COUNSEL

*Breakstone Law Firm, P.C.,*Bellmore *(Jay L.T. Breakstone*of counsel), for appellants.

*863
      *Michael A. Cardozo, Corporation Counsel,*New York City *0Cheryl Payer*and *Stephen J. McGrath*of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. The certified question should not be answered as unnecessary.

The Appellate Division properly held that the testimony of plaintiffs’ expert was insufficient, as a matter of law, to support a prima facie case of negligent design *(see generally Buchholz v Trump 767 Fifth Ave., LLC, 5*NY3d 1, 8-9 [2005]).

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum; Chief Judge Lippman taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
<TABLE> <S> <C>

<ARTICLE> 5
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THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF INCOME AND CASH FLOWS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
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<PERIOD-END>                               SEP-27-1997
<CASH>                                             247
<SECURITIES>                                         0
<RECEIVABLES>                                   22,391
<ALLOWANCES>                                       872
<INVENTORY>                                      5,669
<CURRENT-ASSETS>                                29,076
<PP&E>                                          10,818
<DEPRECIATION>                                   4,777
<TOTAL-ASSETS>                                  36,845
<CURRENT-LIABILITIES>                           14,936
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<COMMON>                                           323
<OTHER-SE>                                       5,082
<TOTAL-LIABILITY-AND-EQUITY>                    36,845
<SALES>                                         24,667
<TOTAL-REVENUES>                                28,321
<CGS>                                           18,314
<TOTAL-COSTS>                                   18,314
<OTHER-EXPENSES>                                 5,868
<LOSS-PROVISION>                                   998
<INTEREST-EXPENSE>                               1,021
<INCOME-PRETAX>                                  1,194
<INCOME-TAX>                                       542
<INCOME-CONTINUING>                                652
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       652
<EPS-PRIMARY>                                     1.64
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Exhibit 35.1



[logo]                                               Wilshire Credit Corporation
Exhibit U
                                                                        Payments
March 12, 2008                           P.O. Box 105344; Atlanta, GA 30348-5344
                                       or P.O. Box 7195; Pasadena, CA 91109-7195

                                                                  Correspondence
                                          P.O. B0X 9517; Portland, OR 97207-8517

                                                                           Phone
                                                                  (503) 952-7947
                                                                  {888) 502-0100

                                                                             Fax
                                                                  (503) 952-7476

                                                                        Web Site
                                                                  www.wcc.ml.com

Deutsche Bank National Trust Company
1761 East St. Andrew Place
Santa Ana, CA 92705-4934
Attn: Karlene Benvenuto

Merrill Lynch Mortgage Investors, Inc.
250 Vesey Street
4 World Financial Center, 10th Floor
New York, NY 10080
Attn: Ketan Parekh

Re:   Annual Officer's Certificate
      (Wilshire Pool 694) Pooling & Servicing Agreement dated as of April 1,
      2007 between Merrill Lynch Mortgage Investors, Inc., Depositor, Wilshire
      Credit Corporation, Servicer, and Deutsche Bank National Trust Company,
      Trustee for the Merrill Lynch Mortgage Investors Trust, Mortgage Loan
      Asset-Backed Certificates, Series 2007-MLN1.

I, Ken Frye, Senior Vice President, Loan Servicing of Wilshire Credit
Corporation (the "Servicer"), hereby certify that:

(i)   A review of the activities of the Servicer during such preceding calendar
      year and of the performance under the Agreement has been made under my
      supervision, and

(ii)  To the best of my knowledge, based on such review, the Servicer has
      fulfilled all its obligations under the Agreement in all material respects
      throughout such year or a portion thereof.

Wilshire Credit Corporation, as Servicer

Certified By: /s/ Ken Frye
             ------------------
Name:  Ken Frye
Title: Senior Vice President, Loan Servicing
Exhibit 32.2





CERTIFICATION PURSUANT TO 18 U.S.C. §1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the annual report of NovaBay Pharmaceuticals, Inc. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2009 (the “Report”), I, Thomas J. Paulson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my 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 Company.





Date: March 26, 2010





/s/  Thomas J. Paulson


Thomas J. Paulson


Chief Financial Officer and Treasurer





This Certification is made solely for the purpose of 18 USC Section 1350, subject to the knowledge standard contained therein, and not for any other purpose.
[SunTrust Logo] SunTrust Bank 303 Peachtree NE, 26th Floor Atlanta, Georgia 30308 Tel 404 588.8182 Fax 404.588.8100 March 11, 2008 Ms. June Krueger Assistant Vice President Wells Fargo Commercial Mortgage Servicing 1320 Willow Pass Road Suite 210 Concord, California 94520 Re: Annual Compliance Statement for Commercial Mortgage Pass-Through Certificates Series 2007-IQ13 Dear Ms. Krueger: As required by the Series 2007-IQ13 Primary Servicing Agreement, with respect to the period ending on December 31, 2007, I have reviewed the activities of SunTrust during the preceding calendar year and its performance under this Agreement has been made under my supervision, and, to the best of my knowledge, based on such review, SunTrust has performed and fulfilled its dutie s, responsibilities and obligations under this Agreement in all material respects through such year except as disclosed in the Reg AB letter (copy attached). Sincerely, By: /s/ Dorris R. Folsom      Name:  Dorris R. Folsom      Title:    Director By:  /s/ Candy Harwell       Name: Candy Harwell       Title:   Vice President
Exhibit 99.1

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 ZiLOG, Inc. (the"Company") for the quarterly period ended March 31, 2003 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), James M.Thorburn, as Chief Executive Officer of the Company, and Perry Grace, as ChiefFinancial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, to the best of his knowledge, respectively, that:

	(1)	The Report fully complies with the requirements of Section 13(a)of the Securities Exchange Act of 1934; and

	(2)	The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

_/s/ James M. Thorburn_

Name: James M. Thorburn

Title:   Chairman and Chief Executive Officer

Date:  May 14, 2003   

_/s/ Perry J. Grace__

Name: Perry J. Grace

Title:   Vice President and Chief Financial Officer

Date:  May 14, 2003 

 

This certification accompanies the Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by theSarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes ofSection 18 of the Securities Exchange Act of 1934, as amended.
II 

109TH CONGRESS 

1ST SESSION S. 551 

To direct the Secretary of Veterans Affairs to establish a national cemetery 

for veterans in the Colorado Springs, Colorado, metropolitan area. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2005 

Mr. ALLARD introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL

To direct the Secretary of Veterans Affairs to establish a 

national cemetery for veterans in the Colorado Springs, 

Colorado, metropolitan area.

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

3 SECTION 1. ESTABLISHMENT OF NATIONAL CEMETERY IN 

4 COLORADO SPRINGS, COLORADO, METRO5 POLITAN AREA. 

6 (a) IN GENERAL.—The Secretary of Veterans Affairs 

7 shall establish, in accordance with chapter 24 of title 38, 

8 United States Code, a national cemetery in the Colorado 

9 Springs, Colorado, metropolitan area to serve the needs 

10 of veterans and their families. 
2

•S 551 IS

1 (b) CONSULTATION IN SELECTION OF SITE.—Before 

2 selecting the site for the national cemetery to be estab3 lished under subsection (a), the Secretary shall consult 

4 with— 

5 (1) appropriate officials of the State of Colo6 rado and local officials of the Colorado Springs met7 ropolitan area; and 

8 (2) appropriate officials of the United States, 

9 including the Administrator of General Services, 

10 with respect to land belonging to the United States 

11 in that area that would be suitable to establish the 

12 national cemetery under subsection (a). 

13 (c) AUTHORITY TO ACCEPT DONATION OF PARCEL

14 OF LAND.— 

15 (1) IN GENERAL.—The Secretary may accept 

16 on behalf of the United States the gift of an appro17 priate parcel of real property. The Secretary shall 

18 have administrative jurisdiction over such parcel of 

19 real property, and shall use such parcel to establish 

20 the national cemetery under subsection (a). 

21 (2) INCOME TAX TREATMENT OF GIFT.—For 

22 purposes of Federal income, estate, and gift taxes, 

23 the real property accepted under paragraph (1) shall 

24 be considered as a gift to the United States. 
3

•S 551 IS

1 (d) REPORT.—As soon as practicable after the date 

2 of the enactment of this Act, the Secretary shall submit 

3 to Congress a report on the establishment of the national 

4 cemetery under subsection (a). The report shall set forth 

5 a schedule for the establishment of the national cemetery 

6 and an estimate of the costs associated with the establish7 ment of the national cemetery.

Æ
#### The People of the State of New York, Respondent, v Roland Ramos, Appellant.

Submitted September 28, 2009;

decided October 15, 2009

Reported below, 60 AD3d 1091.

Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
#### The People of the State of New York, Respondent, v Shan Folger, Appellant.

[971 NYS2d 890]

Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered October 11, 2011, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea was not voluntary is unpreserved for appellate review, because he did not move to vacate his plea or otherwise raise this issue before the County Court *(see People v Perez,*51 AD3d 1043 [2008]). In any event, the defendant’s plea of guilty was entered knowingly, voluntarily, and intelligently *(see People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Lopez,*71 NY2d 662, 666 [1988]; *People v Harris,*61 NY2d 9, 17 [1983]).

The defendant’s pro se contention that he was deprived of the constitutional right to the effective assistance of counsel is based on matters outside the record, and thus it cannot be reviewed on direct appeal *(see People v Rohlehr,*87 AD3d 603, 604 [2011]; *People v Miller,*68 AD3d 1135, 1135 [2009]). “ ‘The appropriate vehicle ... to allege ineffective assistance of counsel grounded in allegations referring to facts outside of the . . . record is pursuant to CPL 440.10, where matters dehors the record may be considered’ ” *(People v Rohlehr,*87 AD3d at 604, quoting *People v Miller,*68 AD3d at 1135). Mastro, J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.
#### UNITED STATES of America, Plaintiff—Appellee, v. Dana J. CLAIBORNE, a/k/a D, Defendant—Appellant.

No. 09-6029.

United States Court of Appeals, Fourth Circuit.

Submitted: April 23, 2009.

Decided: May 5, 2009.

Carolyn Virginia Grady, Assistant Federal Public Defender, Richmond, Virginia, for Appellant. Angela Mastandrea-Miller, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dana J. Claiborne appeals the district court’s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for reduction of sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Claiborne,*No. 3:06-cr-00240-RLW-1 (E.D.Va. Dec. 22, 2008). We dispense with oral argument because the facts and legal conten*165tions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
Exhibit 32.2

CERTIFICATION

I, Alan Campbell, Chief Financial Officer of Freescale
Semiconductor Holdings I, Ltd., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



|(1) | the annual report on Form 10-K for the period ended December 31, 2009 (the Annual Report), which this statement accompanies fully complies with the
requirements of Section 13(a) or 15(d) for the Securities Exchange Act of 1934 (15 U.S.C. 78m) and
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of Freescale Semiconductor
Holdings I, Ltd.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This certificate is being furnished solely for purposes of Section 906.

Dated: February 4, 2010



/s/ ALAN CAMPBELLAlan CampbellChief Financial Officer,Freescale Semiconductor Holdings I, Ltd.
Pursuant to5 T H C IR . R. 47.5 , th e court has determined that this opinionshould not * be publishe d an d is not precede nt except under the limit ed circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

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### F I L E D Aug ust18, 2009 Cha rl es R. F ulb ru g e II I Clerk