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

[962 NYS2d 351]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered May 12, 2011, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

While we agree with the defendant that certain of the prosecutor’s remarks during summation improperly denigrated defense counsel (see *People v Davis,*39 AD3d 873, 875 [2007]; *People v Torres,*223 AD2d 741, 742 [1996]), we find that any prejudice that may have resulted from these remarks was alleviated when the trial court sustained the objections of the defendant and his codefendant and provided prompt curative instructions to the jury *(see People v Rayford,*80 AD3d 780, 781 [2011]; *People v Alexander,*50 AD3d 816, 817 [2008]; *People v DeFigueroa,*182 AD2d 772, 773 [1992]), directing that the jury disregard those remarks, and explaining why the remarks were improper.

The remaining challenges to the prosecutor’s remarks during summation are unpreserved for appellate review since defense counsel failed to object to these remarks or made only general objections, and these remarks were not the basis of his motion for a mistrial *(see People v Read,*97 AD3d 702, 703 [2012]; *People v Parker-Davidson,*89 AD3d 1114 [2011]). In any event, these remarks were within the broad bounds of rhetorical comment permissible in closing arguments and constituted fair response to arguments made by defense counsel in summation *(see People v Galloway,*54 NY2d 396, 399 [1981]; *People v Ashwal,*39 NY2d 105, 109-110 [1976]; *People v Kennedy, 101*AD3d 1045 [2012]; *People v Coba,*101 AD3d 896 [2012]).

Eng, PJ., Dickerson, Hall and Lott, JJ., concur.
#### Janet M. Johnson, Respondent-Appellant, v Allan M. Chapin, Appellant-Respondent.

Submitted October 19, 2009;

decided December 15, 2009

Reported below, 49 AD3d 348.

Motion for reargument denied *[see 12*NY3d 461 (2009)].

Chief Judge Lippman taking no part.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this

opinion should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 20, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50998

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DIMAS ROJAS-DUQUEZ, also known as Alesandro Rojas 

Dimas-Luquez,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-370-ALL

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

Before JONES, Chief Judge, and SMITH and GARZA, Circuit Judges.

PER CURIAM:*

Dimas Rojas-Duquez (Rojas) pleaded guilty to illegal reentry

after deportation and was sentenced to 60 months of imprisonment,

three years of supervised release, and a $100 special assessment.

Rojas argues on appeal that his sentence was unreasonable

because (1) the amount of cocaine involved in a prior conviction on

which a 16-level increase in his offense level pursuant to

U.S.S.G. § 2L1.2(b)(1)(A)(i) was based was small, (2) he returned

to the United States only to check on his children and to prevent
2

them from being placed in a foster home, and (3) he intended to

return to Mexico after checking on his children. He does not

challenge the district court’s calculation of his guideline

sentencing range. 

Because Rojas’s sentence was within a properly calculated

guideline range of 57 to 71 months, we infer that the district

court considered all the factors for a fair sentence set forth in

the Guidelines. See United States v. Mares, 402 F.3d 511, 519 (5th

Cir.), cert. denied, 126 S. Ct. 43 (2005). “[A] sentence within a

properly calculated Guideline range is presumptively reasonable.”

United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006). Rojas

has failed to demonstrate that his properly calculated guidelines

sentence was unreasonable. See id.; Mares, 402 F.3d at 519.

AFFIRMED.
#### Christopher Basile, Appellant, v Sherry Wiggs, Respondent.

[974 NYS2d 274]

In a matrimonial action in which the parties were divorced by judgment dated June 19, 2007, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Connolly, J.), dated January 24, 2011, as, without a hearing, granted the cross motion of the defendant to hold him in contempt for failing to comply with a provision of the judgment and awarded the defendant an attorney’s fee in the sum of $3,000.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

*592Contrary to the plaintiff’s contention, the Supreme Court properly determined, without conducting a hearing, that the plaintiff’s failure to comply with a provision of the parties’ judgment of divorce requiring him to pay the defendant the sum of $2,150 per month in child support was willful, and that an adjudication of contempt was warranted *(see Rocco v Rocco,*90 AD3d 886, 886 [2011]; *Jaffe v Jaffe,*44 AD3d 825 [2007]; *Farkas v Farkas,*209 AD2d 316, 317-318 [1994]). The plaintiffs allegation that he was unemployed was unsubstantiated and, thus, insufficient to warrant a hearing *(see Rocco v Rocco,*90 AD3d at 886; *Farkas v Farkas,*209 AD2d at 318; *see also Ovsanikow v Ovsanikow,*224 AD2d 786 [1996]; *Rosenblitt v Rosenblitt,*121 AD2d 375 [1986]).

The plaintiff’s remaining contentions are without merit. Mastro, J.E, Leventhal, Lott and Roman, JJ., concur.
EXHIBIT 32.1

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

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 Sterling Financial Corporation (Sterling) on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Harold B. Gilkey, Chief Executive Officer of Sterling, hereby certify, pursuant to 18 U.S.C. §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, as amended; and
|-- | ---------------------------------------------------------------------------------------------------------------------------------



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



|                     |  |  |  |                                                                                                           
|-------------------- |  |  |  | ----------------------------------------------------------------------------------------------------------
|                     |  | 
|Dated: March 6, 2009 |  |  |  | /s/ Harold B. Gilkey                                                                                      
|                     |  |  |  | Harold B. Gilkey Chairman of the Board,
President, Chief Executive Officer and Principal Executive Officer

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

A signed original of this written statement required by Section 906 has been provided to Sterling and will be retained by Sterling and furnished to
the Securities and Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

_______________________________________ )

Sandra K Jeffries o/b/o T.J., a minor, )

)

Plaintiff, )

)

v. ) Civil Action No. 08

- 2158 (RBW)

)

Michael J. Astrue, )

Commissioner of Social Security, )

)

Defendant. )

_______________________________________)

ORDER

For the reasons are set forth in the accompanying Memorandum Opinion, it is hereby

ORDERED that the plaintiff’s motion for Judgment of Reversal is GRANTED in part

and DENIED in part. It is further

ORDERED that the defendant's motion for Judgment of Reversal is GRANTED in part

and DEN IED in part. It is further

ORDERED that this case is remanded to the Commissioner to ev aluate the teacher s ’

questionnaires that were unavailable to the ALJ at the time of his decision

.

SO ORDERED this 15th day of July , 2010.

_____/s/________________

Reggie B. Walton

United States District Judge
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 
                      AND CHIEF FINANCIAL OFFICER

Pursuant to 
                       18 U.S.C. Section 1350,
                     as Adopted Pursuant to
                     Section 906 of the Sarbanes-Oxley Act of 2002

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, we the undersigned Chief Executive Officer and Chief Financial Officer of NPS Pharmaceuticals, Inc. certify that the
Annual Report of NPS Pharmaceuticals, Inc. on Form 10-K for the fiscal year ended December 31, 2008 fully complies with the requirements
of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents in
all material respects, the financial condition and results of operations of NPS Pharmaceuticals, Inc.



|Date: March 16, 2009 | /s/ FRANCOIS NADER
                      Francois NaderPresident and Chief Executive Officer
|-------------------- | --------------------------------------------------------------------------------------------



|Date: March 16, 2009 | /s/ LUKE M. BESHAR
                      Luke M. Beshar Senior Vice President and Chief Financial Officer
|-------------------- | ---------------------------------------------------------------------------------------------------------

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)
of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-K or as a separate disclosure
document.

A signed original of this written statement required by Section 906 has been provided to NPS Pharmaceuticals, Inc. and will be retained
by NPS Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

---
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 6622]

# SUMMARY:

                         Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March                               ( print page 23769)                            27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: “The Art of Power: Royal Armor and Portraits from Imperial Spain,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the National Gallery of Art, Washington, DC, from on or about June 28, 2009, until on or about November 1, 2009 and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

                         For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (                        *telephone:*                         (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.                    

Dated: May 13, 2009.

C. Miller Crouch,

Acting Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. E9-11766 Filed 5-19-09; 8:45 am]

BILLING CODE 4710-05-P
Amendment to Master Loan Agreement , dated February 25, 2000



 Exhibit 10.36 
  
 No. CF101B 
  
 AMENDMENT 
  
 THIS AMENDMENT is entered into as of February 25, 2000, between CoBANK, ACB (“CoBank”) and PETROUS, L.L.C., Des Moines,
Iowa, (the “Company”). 
  
 BACKGROUND 

 
 CoBank and the Company are parties to a Master Loan Agreement dated
September 1, 1999, (such agreement, as previously amended, is hereinafter referred to as the “MLA”). CoBank and the Company now desire to amend the MLA. For that reason, and for valuable consideration (the receipt and sufficiency of which
are hereby acknowledged), CoBank and the Company agree as follows: 
  
 1. Section
9(H)(A) of the MLA is hereby amended and restated to read as follows: 
  
 (A) Counterparty Credit Risk Insurance Policy. Company will not make any revisions to the Credit Risk Insurance Policy. EXCEPT; to add additional Counterparties or Countries, raise Counterparty coverage limits, raise Country limits
or increase the size of insurance policy. 
  
 2. Except as set forth in this
amendment, the MLA shall continue in full force and effect as written. 
  
 IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized officers as of the date shown above. 
  

									
	CoBANK, ACB	 	 	 	PETROUS, L.L.C.
					
	By:	 	 /s/ Casey Garter
	 	 	 	By:	 	 /s/ Robert V. Johnson

	 Title:
	 	 Vice President
	 	 	 	 Title:
	 	 Treasurer
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statement No.333-72756 of Dynacq Healthcare, Inc. of our report dated October 30, 2004, with respect to the consolidated financial statements and schedule of Dynacq Healthcare, Inc. included in this Annual Report (Form 10-K) for the year ended August 31, 2004.

 

/s/ Killman, Murrell & Company, P.C. 

 

Killman, Murrell & Company, P.C. 

Houston, Texas 

November 12, 2004
<PAGE>




                  CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement (Form S-8 No. 33-83160) pertaining to the Zoltek Companies, Inc.
Savings and Profit Sharing Plan, the prospectus constituting part of the
Registration Statement (Form S-3 No. 33-84070) pertaining to 154,206 shares
of common stock, the Registration Statement (Form S-8 No. 33-83160) pertaining
to Zoltek Companies, Inc. 1992 Long Term Incentive Plan and Zoltek Companies,
Inc. 1992 Directors Stock Option Plan, and the Registration Statement (Form
S-8 No. 33-06565) pertaining to 34,896 shares of common stock of our report
dated November 23, 1999, which appears in the 1999 Annual Report to
Shareholders of Zoltek Companies, Inc., which report and consolidated
financial statements are included in this Annual Report on Form 10-K for the
year ended September 30, 1999. We also consent to the incorporation by
reference of our report dated November 23, 1999 relating to the financial
statement schedule, which appears in this Form 10-K.




/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
St. Louis, Missouri
December 27, 1999
109TH CONGRESS

1ST SESSION S. 819

AN ACT

To authorize the Secretary of the Interior to reallocate costs

of the Pactola Dam and Reservoir, South Dakota, to

reflect increased demands for municipal, industrial, and

fish and wildlife purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pactola Reservoir Re5 allocation Authorization Act of 2005’’.
 †

2

S 819 ES

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) it is appropriate to reallocate the costs of

4 the Pactola Dam and Reservoir, South Dakota, to

5 reflect increased demands for municipal, industrial,

6 and fish and wildlife purposes; and

7 (2) section 302 of the Department of Energy

8 Organization Act (42 U.S.C. 7152) prohibits such a

9 reallocation of costs without congressional approval.

10 SEC. 3. REALLOCATION OF COSTS OF PACTOLA DAM AND

11 RESERVOIR, SOUTH DAKOTA.

12 The Secretary of the Interior may, as provided in the

13 contract of August 2001 entered into between Rapid City,

14 South Dakota, and the Rapid Valley Conservancy District,

15 reallocate, in a manner consistent with Federal reclama16 tion law (the Act of June 17, 1902 (32 Stat. 388, chapter

17 1093), and Acts supplemental to and amendatory of that

18 Act (43 U.S.C. 371 et seq.)), the construction costs of

19 Pactola Dam and Reservoir, Rapid Valley Unit, Pick20 Sloan Missouri Basin Program, South Dakota, from irri-
†

3

S 819 ES

1 gation purposes to municipal, industrial, and fish and

2 wildlife purposes.

Passed the Senate November 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 819

AN ACT

To authorize the Secretary of the Interior to realloposes. municipal, industrial, and fish and wildlife pur- South Dakota, to reflect increased demands for cate costs of the Pactola Dam and Reservoir,
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
INTER-TEL,  INCORPORATED AND SUBSIDIARIES  FINANCIAL  STATEMENTS FOR THE QUARTER
ENDED JUNE 30,  1999 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          60,313
<SECURITIES>                                         0
<RECEIVABLES>                                   53,688
<ALLOWANCES>                                     5,350
<INVENTORY>                                     17,980
<CURRENT-ASSETS>                               144,040
<PP&E>                                          59,583
<DEPRECIATION>                                  27,047
<TOTAL-ASSETS>                                 206,848
<CURRENT-LIABILITIES>                           46,625
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       104,539
<OTHER-SE>                                      44,691
<TOTAL-LIABILITY-AND-EQUITY>                   206,848
<SALES>                                        143,313
<TOTAL-REVENUES>                               143,313
<CGS>                                           72,122
<TOTAL-COSTS>                                   72,122
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 4,551
<INTEREST-EXPENSE>                                  25
<INCOME-PRETAX>                                 19,855
<INCOME-TAX>                                     7,542
<INCOME-CONTINUING>                             12,313
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,313
<EPS-BASIC>                                       0.47
<EPS-DILUTED>                                     0.46


</TABLE>
[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Page 23718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11721]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec. [thinsp]225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than June 2, 2009
    A. Federal Reserve Bank of Richmond (A. Linwood Gill, III, Vice 
President) 701 East Byrd Street, Richmond, Virginia 23261-4528:
    1. Edward Bailey Howlin, Jr., Davidsonville, Maryland, to 
individually acquire up to 20.71 percent of the voting shares of 
CommerceFirst, Bancorp, Inc., Annapolis, Maryland. Additionally, Edward 
Bailey Howlin, Jr., Howlin Family Partnership II, LLLP, Dawn Howlin 
Vanvie, and Holly Howlin, as a group acting in concert,; to acquire up 
to 21.5 percent of the voting shares of CommerceFirst, Bancorp, Inc., 
Annapolis, Maryland.

    Board of Governors of the Federal Reserve System, May 15, 2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E9-11721 Filed 5-19-09; 8:45 am]
BILLING CODE 6210-01-S