alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
953 A.2d 752

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner v. Saladin Eric SHAKIR, Respondent.

Misc. AG No. 88,

Sept. Term, 2007.

Court of Appeals of Maryland.

Aug. 8, 2008.

ORDER

Upon consideration of the Joint Petition For Indefinite Suspension With the Right To Apply for Reinstatement No Sooner Than Eighteen Months, filed herein pursuant to Maryland Rule 16-772, it is this 8th day of August, 2008,

ORDERED, by the Court of Appeals of Maryland, that Saladin Eric Shakir, be, and he is hereby, suspended by consent from the further practice of law in the State of Maryland with the right to apply for reinstatement no sooner than eighteen (18) months, and it is further;

ORDERED, that the Clerk of this Court shall strike the name of Saladin Eric Shakir from the register of attorneys and, pursuant to Maryland Rule 16-772(d), shall certify that fact to the Trustees of the Client Protection Fund of the Bar of Maryland and the Clerks of all judicial tribunals in the State.
**Exhibit 31(b)**
**CERTIFICATIONS**
  I, Glenn R. Richter, certify that:
 1. I have reviewed this quarterly report on Form 10-Q of Sears, Roebuck and Co.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining 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 disclosurecontrols and procedures,or caused such disclosurecontrols and procedures tobe designed under oursupervision, to ensurethat material informationrelating to theregistrant, including itsconsolidated subsidiaries,is made known to us byothers within thoseentities, particularlyduring the period in whichthis report is beingprepared;   (b) Evaluated theeffectiveness of theregistrant’s disclosurecontrols and proceduresand presented in thisreport our conclusionsabout the effectiveness ofthe disclosure controlsand procedures, as of theend of the period coveredby this report based onsuch evaluation; and   (c) Disclosed in this reportany change in theregistrant’s internalcontrol over financialreporting that occurredduring the registrant’smost recent fiscal quarter(the registrant’s fourthfiscal quarter in the caseof an annual report) thathas materially affected,or is reasonably likely tomaterially affect, theregistrant’s internalcontrol over financialreporting; and 
 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditorsand the audit committee of the registrant’s board of directors (or persons performing theequivalent functions):
 (a) All significantdeficiencies and materialweaknesses in the designor operation of internalcontrol over financialreporting which arereasonably likely toadversely affect theregistrant’s ability torecord, process, summarizeand report financialinformation; and   (b) Any fraud, whether or notmaterial, that involvesmanagement or otheremployees who have asignificant role in theregistrant’s internalcontrol over financialreporting. 
Date: May 10, 2004
/s/ Glenn R. RichterGlenn R. RichterExecutive Vice President and     Chief Financial Officer of     Sears, Roebuck and Co.
----

----

|   | (1) | the      Report fully complies with the requirements of Section 13(a) or 15(d) of      the Securities Exchange Act of 1934, as amended;  and |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated:      November 13, 2009 |  /s/ George R.      Quist                               |
|-------------------------------|--------------------------------------------------------------|
|                          |  George R.      Quist                                   |
|                          |  Chairman of the      Board and Chief Executive Officer |
|                          | (Principal      Executive Officer)                           |

----
#### The People of the State of New York, Respondent, v David Felix, Appellant.

[973 NYS2d 919]

Judgment, Supreme *606Court, Bronx County (John W Carter, J.), rendered February 7, 2011, convicting defendant, after a nonjury trial, of attempted forcible touching, sexual abuse in the third degree, and harassment in the second degree, and sentencing him to an aggregate term of 90 days, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see *People v Danielson,*9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations, in which it accepted the victim’s account of the incident. Concur — Tom, J.P., Andrias, Saxe, Freedman and Richter, JJ.
##### 



Exhibit 10.69
 
 
  To:
    
    Members of the Board of Directors and Section 16 Officers of Nortel Networks CorporationRe:
    
    Notice of Blackout Period Under Section 306(a) of the Sarbanes-Oxley Act of 2002




---



#####
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 594

To amend section 1114 of title 11, United States Code, to preserve the 
               health benefits of certain retired miners.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2005

  Mr. Specter introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend section 1114 of title 11, United States Code, to preserve the 
               health benefits of certain retired miners.

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

SECTION 1. PRESERVATION OF HEALTH BENEFITS FOR CERTAIN RETIRED MINERS.

    Section 1114 of title 11, United States Code, is amended by adding 
at the end the following:
    ``(n) Notwithstanding any other provision of this section, the 
benefits required to be provided by a last signatory operator under 
chapter 99 of the Internal Revenue Code of 1986, may not be terminated 
or modified by any court in a proceeding under this title.''.
                                 <all>
```
Exhibit 4.15


                           SECOND AMENDED AND RESTATED


                                 PROMISSORY NOTE


$132,658.00                                                   SEPTEMBER 29, 2004


         FOR VALUE RECEIVED,  Viper Motorcycle Company ("Viper") hereby promises
to pay to the order of Donald F. Shiff  ("Shiff"),  his heirs and  assigns,  the
principal  sum of One Hundred  Thirty Two  Thousand  Six  Hundred  Fifty Eight &
No/100  Dollars  ($132,658.00),  together with interest on the unpaid  principal
balance  hereof  at a rate of eight  percent  (8%) per  annum.  This  Note is an
amendment and restatement,  but not a novation or refinancing, of the Promissory
Note from Company to Shiff dated  February  15, 2004 in the  original  principal
amount of $132,658.00, as amended on June 10, 2004.

         This  promissory  note  consolidates  all previous loans and notes from
Shiff  to  Viper.  The  outstanding  principal  amount,  as of the  date of this
agreement, as stated above, shall become due and payable on November 30, 2004 or
upon  completion of the Initial  Public  Offering of Viper  Motorcycle  Company,
whichever is sooner.  All payments shall be made payable to Donald F. Shiff, and
shall be sent to his then current address,  which is presently 6400 Flying Cloud
Drive, Eden Prairie, MN 55344.

         If the pending IPO of Viper Motorcycle  Company becomes effective prior
to  November  30,  2004,  the  holder  (Shiff)  of this Note  agrees to  convert
seventy-five  thousand dollars  ($75,000.00) of principal hereof into restricted
common shares of the Company on the basis of Two Dollars and Fifty Cents ($2.50)
per share.

         Viper  agrees to pay this Note and, in the event of default,  all costs
of collection, including reasonable attorney's fees.



                                           VIPER MOTORCYCLE COMPANY




                                           /s/  John Lai
                                           -------------------------------------
                                           John Lai
                                           Interim Chief Financial Officer




Accepted By:   /s/  Donald F. Shiff
              ------------------------------------
              Donald F. Shiff
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11546]


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

DEPARTMENT OF STATE

[Public Notice 6617]


In the Matter of the Designation of Revolutionary Struggle aka 
Epanastatikos Aghonas as a Foreign Terrorist Organization Pursuant to 
Section 219 of the Immigration and Nationality Act, as Amended

    Based upon a review of the Administrative Record assembled in this 
matter, and in consultation with the Attorney General and the Secretary 
of the Treasury, I conclude that there is a sufficient factual basis to 
find that the relevant circumstances described in section 219 of the 
Immigration and Nationality Act, as amended (hereinafter ``INA'') (8 
U.S.C. 1189), exist with respect to Revolutionary Struggle (aka 
Epanastatikos Aghonas).
    Therefore, I hereby designate that organization and its alias as a 
foreign terrorist organization pursuant to section 219 of the INA.
    This determination shall be published in the Federal Register.

    Dated: April 29, 2009.
Hillary Rodham Clinton,
Secretary of State, Department of State.
[FR Doc. E9-11546 Filed 5-15-09; 8:45 am]
BILLING CODE 4710-10-P
Exhibit
32.1






CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18
U.S.C. § 1350
 
 (SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002)
 
 I, Jinjun
Qi, certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, that, based upon a review of the Annual
Report on Form 10-K for the period ended June 30, 2008 of the China Dasheng
Biotechnology Company (the "Report"):
  (1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of The
Securities Exchange Act of 1934, as amended; and
  (2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of China Dasheng Biotechnology
Company.
  A signed
original of this written statement required by Section 906 has been provided to
China Dasheng Biotechnology Company and will be retained by China Dasheng
Biotechnology Company and furnished to the Securities and Exchange Commission or
its staff upon request.
  October
      14, 2008
                By:
                /s/ Jinjun
      QiJinjun
      QiChief
      Executive Officer and Chief Financial Officer
##### 



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
   BROOKFIELD PROPERTIES CORPORATION
  BCE Place
181 Bay Street
Suite 330
Toronto, Ontario
Canada M5J 2T3
(416) 369-2300
 
 o þ
 
 
 
 o þ




---



##### 



DOCUMENTS FILED AS PART OF THIS FORM 6-K
  SIGNATURES
   Brookfield Properties CorporationBy:

/s/
Craig J. LaurieName:
    Craig J. LaurieTitle:
    Senior Vice President & Chief
Financial Officer




---



##### 



EXHIBIT LIST
 Exhibit
    
    Description99.1
    
    
    Brookfield Properties Corporation Press Release dated November 2, 2005
<PAGE>

                                  EXHIBIT 32(a)
                      18 U.S.C. SECTION 1350 CERTIFICATION


I hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that the accompanying Form 10-QSB of Spectrum Laboratories, Inc., (the
"Company") for the quarterly period ended September 25, 2004 fully complies with
the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m or 78o(d); and that the information contained in this Form
10-QSB fairly presents, in all material respects, the financial condition and
results of operations of the Company.

Dated: January 31, 2005



/s/ Roy T. Eddleman
-------------------------------------
Roy T. Eddleman
Chief Executive Officer
Spectrum Laboratories, Inc.




                                  EXHIBIT 32(b)
                      18 U.S.C. SECTION 1350 CERTIFICATION


I hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that the accompanying Form 10-QSB of Spectrum Laboratories, Inc., (the
"Company") for the quarterly period ended September 25, 2004 fully complies with
the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m or 78o(d); and that the information contained in this Form
10-QSB fairly presents, in all material respects, the financial condition and
results of operations of the Company.

Dated: January 31, 2005



/s/ Brian A. Watts
-------------------------------------
Brian A. Watts
Chief Financial Officer
Spectrum Laboratories, Inc.
No. 99-40737 -1-

* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40737 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN DELACRUZ FLORES, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-99-CR-49-1

- - - - - - - - - - April 13, 2000 Before WIENER, DeMOSS and PARKER, Circuit Judges.
PER CURIAM: * Juan Delacruz Flores appeals his conviction and sentence following a guilty plea for possession with intent to distribute approximately 22 kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(D) and 18 U.S.C. § 2. Flores argues that his attorney rendered ineffective assistance because he failed to file a pretrial motion to suppress evidence obtained pursuant to a search warrant. Flores alleges instances of illegal police activity: (1) the agents made a number of questionable traffic stops; (2) the agents conducted surveillance of Flores’ residenceNo. 99-40737 -2- which amounted to the protracted viewing of the rear of his residence from a neighbor’s back yard; (3) agents spoke to Flores’ girlfriend inside his residence; (4) Flores’ girlfriend volunteered incriminating statements during this interview; and (5) the agents conducted a security sweep of the residence during which they looked under a mostly closed garage door and used their flashlights to observe a large television with a fan blowing on it and noticed the odor of spray paint in the garage as well as the odor of marijuana from a trash can in the driveway of Flores’ residence. Flores contends that the information obtained by this illegal police activity tainted the search
warrant. The record is not adequately developed to allow this court to fairly evaluate the merits of Flores’ ineffective assistance of counsel claim on direct appeal. See United States v.
Brewster , 137 F.3d 853, 859 (5th Cir.), cert. denied , 119 S. Ct. 247 (1998). An ineffective assistance of counsel claim ordinarily is pursued in a 28 U.S.C. § 2255 motion. See United States v. Medina , 118 F.3d 371, 373 & n.2 (5th Cir. 1997). Accordingly, the district court’s judgment is AFFIRMED without prejudice to Flores’ ineffective assistance claim.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-50808 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CESAR VIZCAINO-AMARO, also known as Ricardo Vizcaino, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-164-ALL-PRM

-------------------- Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Cesar VizcainoAmaro raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense, and by United States v. Pineiro , 377 F.3d 464, 465-66 (5th Cir. 2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263), which held that Blakely v. Washington , 124 S. Ct. 2531 (2004), does notNo. 04-50808 -2- apply to the United States Sentencing Guidelines. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
EXHIBIT
32.1





CERTIFICATION
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 annual report of Triple A Medical, Inc. (the “Company”) on
Form 10-K for the year ended Dsecember 31, 2007 as filed with the Securities and
Exchange Commission (the “Report”), each of the undersigned, in the capacities
and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:





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





2.           the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operation of the Company.








Dated:  April
15, 2009




/s/
P. Morgan McCune


Name: P.
Morgan McCune


Title:  Chief
Executive Officer











Dated:  April
15, 2009




/s/
P. Morgan McCune


Name: P.
Morgan McCune


Title:  Chief
Financial Officer
#### The People of the State of New York, Respondent, v Jeffrey L. Haberer, Appellant.

[974 NYS2d 819]

Appeal from a resentence of the Cattaraugus County Court (Larry M. Himelein, J.), rendered August 15, 2011. Defendant was resentenced by imposing a period of postrelease supervision upon his conviction of sodomy in the first degree.

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

Memorandum: Defendant appeals from a resentence pursuant to which County Court added a mandatory period of post-release supervision to the sentence previously imposed on his conviction, upon a jury verdict, of sodomy in the first degree (Penal Law former § 130.50 [3]). Contrary to defendant’s contention, the court did not violate his due process or statutory rights by its failure to reconsider the term of incarceration that was previously imposed. At defendant’s original sentencing, the court committed a *Sparber*error by failing to impose a five-year period of postrelease supervision *(see*§ 70.45 [1], [2]; *People v Lingle,*16 NY3d 621, 629 [2011]; *see generally People v Sparber,*10 NY3d 457, 468-471 [2008]). Resentencing following a *Sparber*error “is limited to remedying [the] specific procedural error — i.e., . . . mak[ing] the required pronouncement” of post-release supervision *(Lingle,*16 NY3d at 635 [internal quotation marks omitted]). Thus, “[tjhe court. . . was bound to reimpose the original sentence, aside from the addition of [the] required period of postrelease supervision” *(People v Savery,*90 AD3d 1505, 1506 [2011], *lv denied*18 NY3d 928 [2012]).

Defendant’s further contention that the sentence is excessive *1293is not properly before us. “Where, as here, defendant appeals from a resentence conducted to address an error in failing to impose a period of postrelease supervision, this Court is without authority to reduce the period of incarceration imposed” *(People v Condes,*100 AD3d 1552, 1553 [2012], *lv denied*20 NY3d 1060 [2013]; *see Lingle,*16 NY3d at 635). Finally, we have reviewed defendant’s remaining contentions, but conclude that they do not require modification or reversal of the resentence. Present — Scudder, EJ., Smith, Fahey, Sconiers and Valentino, JJ.
#### State v. Young

Case below: 178 N.C. App. 394

No. 417P06

Def’s PDR Under N.C.G.S. § 7A-31 (COA05-1265)

Denied 03/08/07

Hudson, Recused J.,
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 7335** 

DERRICK T. BAILEY , Petitioner

- Appellant ,
v.
LARRY DAIL , Respondent

- Appellee
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh
. James C. Fox , Senior District Judge. ( 5:14

- hc

- 02048

- F )

Submitted : November 19 , 201 5 Decided: November 24, 2015

Before NIEMEYER , KING , and HARRIS , Circuit Judges.

Dismissed by un published per curiam opinion
. Derrick T. Bailey, Appellant Pro Se. Jess D. Mekeel, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Derrick T. Bailey seeks to appeal the distric t court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (A) (2012) . A certificate of appealability will not i ssue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that t he district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the priso ner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Bailey has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately3 presen ted in the materials before th is court and argument would not aid the decisional process.
DISMISSED