alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third District Court of Appeal

State of Florida 

Opinion filed November 24, 2021.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1241

Lower Tribunal No. F15-21629

________________

Kelvin Hudson, Jr.,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.

Clayton R. Kaeiser, for appellant.

Ashley Moody, Attorney General, and Joanne Diez, Assistant Attorney 

General, for appellee.

Before FERNANDEZ, C.J., and EMAS, and BOKOR, JJ. 

PER CURIAM.
2

Kelvin Hudson, Jr., appeals the trial court’s summary denial of his 

motion for post-conviction relief based on ineffective assistance of trial 

counsel regarding an alleged, unpreserved error pertaining to a jury 

instruction on a lesser included offense. In his amended motion for postconviction relief, appellant claimed that his trial counsel was also ineffective 

for failing to file a motion to dismiss based on stand your ground immunity. 

The trial court did not address the latter allegation when it denied the motion 

for post-conviction relief.

We affirm the order on appeal regarding the ineffective assistance of 

counsel claim pertaining to the jury instruction issue; however, because the 

trial court failed to address the issue regarding ineffective assistance of 

counsel for failing to file a motion to dismiss based on stand your ground 

immunity, we reverse and remand to the trial court for further proceedings to 

consider and rule on this issue. See McAbee v. State, 873 So. 2d 545 (Fla. 

2d DCA 2004).

Affirmed in part, reversed in part and remanded with instructions.
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 Boston Financial Tax Credit Fund VII (the “Fund”) on Form 10-K for the year ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, the Principal Executive Officer and Principal Financial Officer, 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 operations of the Fund.











/s/Kenneth J. Cutillo


Kenneth J. Cutillo


Principal Executive Officer and


Principal Financial Officer


Arch Street VIII, Inc. as


Managing General Partner of


Boston Financial Tax Credit Fund VII,


A Limited Partnership








Date:           June 29, 2011








A signed original of this written statement required by section 906 has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
# Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia

On October 21, 1995, by Executive Order 12978, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant narcotics traffickers centered in Colombia, and the extreme level of violence, corruption, and harm such actions cause in the United States and abroad.

Because the actions of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause an extreme level of violence, corruption, and harm in the United States and abroad, the national emergency declared on October 21, 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 21, 2009. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to significant narcotics traffickers centered in Colombia.

                    This notice shall be published in the                     *Federal Register*                     and transmitted to the Congress.                

[FR Doc. E9-25414

Billing code 3195-W9-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

BRANDI LYNN DVORAK, 

Defendant-Appellant.

No. 20-30005 

D.C. No. 9:16-cr-00002-DLC-1 

MEMORANDUM*

Appeal from the United States District Court

for the District of Montana

Dana L. Christensen, District Judge, Presiding

Submitted December 2, 2020**

Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.

 

Brandi Lynn Dvorak appeals pro se from the district court’s order denying 

her motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A) and for a 

sentence reduction under the First Step Act of 2018. We have jurisdiction under 

28 U.S.C. § 1291, and we affirm.

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

DEC 8 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 20-30005 

The district court assumed Dvorak had exhausted the administrative process 

with regard to her motion and denied the motion on the merits. Dvorak contends 

that the district court erred because (1) she is a first-time offender with no prior 

convictions for a violent crime, and (2) she is eligible for a sentence reduction 

under the First Step Act. 

The district court did not abuse its discretion by denying Dvorak’s motion

for compassionate release.

1

 The district court reasonably concluded that Dvorak 

had not demonstrated “extraordinary and compelling reasons” to warrant a 

sentence reduction notwithstanding the medical and personal developments that 

arose after her sentencing. See 18 U.S.C. § 3582(c)(1)(A)(i); U.S.S.G. 

§ 1B1.13(1)(A).

The district court also did not err in declining to reduce Dvorak’s sentence 

under the section of the First Step Act that made certain portions of the Fair 

Sentencing Act retroactive. That section applies only to offenders convicted of 

crack cocaine offenses, see First Step Act § 404; United States v. Kelley, 962 F.3d 

470, 472 (9th Cir. 2020), and Dvorak’s conviction involved methamphetamine.

AFFIRMED.

1 The denial of a motion for a sentence reduction under 18 U.S.C. § 3582(c)(2) is 

reviewed for abuse of discretion. See United States v. Dunn, 728 F.3d 1151, 1155 

(9th Cir. 2013). We accept for purposes of this appeal the government’s 

undisputed assertion that the abuse of discretion standard also applies to denials 

under 18 U.S.C. § 3582(c)(1)(A). However, even under de novo review, the 

district court’s denial of Dvorak’s motion was reasonable.
**Exhibit 31.1**

 

**CERTIFICATION**

 

I,Donald W. Jewell, Interim Chief Executive Officer of Sport-Haley, Inc.,certify that:

 

1.               I have reviewed this annual reporton Form 10-K of Sport-Haley, Inc.;

 

2.               Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifyingofficer(s) and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)          Designed such disclosure controlsand procedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)         Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)          Disclosed in this report any changein the registrant’s internal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and

 

5.               The registrant’s other certifyingofficer(s) and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

 

(a)          All significant deficiencies andmaterial weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

(b)         Any fraud, whether or not material,that involves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

Date:  October 13, 2005

 

 
| /s/ DONALD  W. JEWELL            |   |
|----------------------------------|--------|
| Donald W.  Jewell                |
| Interim  Chief Executive Officer |

 

----
<TABLE> <S> <C>

<ARTICLE>                                          5
       
<S>                                                  <C>
<PERIOD-TYPE>                                      3-MOS
<FISCAL-YEAR-END>                                  DEC-31-1997
<PERIOD-START>                                     JAN-01-1997
<PERIOD-END>                                       MAR-31-1997
<CASH>                                                   1,045,503
<SECURITIES>                                                     0
<RECEIVABLES>                                               62,134
<ALLOWANCES>                                                15,551
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                                 0
<PP&E>                                                           0
<DEPRECIATION>                                                   0
<TOTAL-ASSETS>                                           4,954,874
<CURRENT-LIABILITIES>                                            0
<BONDS>                                                          0
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                         0
<OTHER-SE>                                               3,402,608
<TOTAL-LIABILITY-AND-EQUITY>                             4,954,874
<SALES>                                                          0
<TOTAL-REVENUES>                                           416,246
<CGS>                                                            0
<TOTAL-COSTS>                                                    0
<OTHER-EXPENSES>                                           185,277
<LOSS-PROVISION>                                             4,162
<INTEREST-EXPENSE>                                          39,376
<INCOME-PRETAX>                                            187,431
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                        187,431
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                               187,431
<EPS-PRIMARY>                                                    0
<EPS-DILUTED>                                                    0
        


</TABLE>
**NOTICE TO ALL EMPLOYEES AND APPLICANTS**

In accordance with Equal Employment Opportunity Commission (EEOC) regulation, Title 29 Code of Federal Regulation (CFR) Part 1614, the following procedures apply:

Any employee or applicant for employment who believes that they have been discriminated against based on their race, color, religion, national origin, sex, age (40 or over), mental or physical disability, sexual orientation, genetic information, marital status, parental status or reprisal for having participated in protected EEO activity MUST contact an EEO Counselor and initiate informal counseling prior to filing a formal Complaint of Discrimination.

An aggrieved person MUST initiate contact with an EEO Counselor **within 45 days** of the date of the matter alleged to be discriminatory or, in the case of a personnel action, **within 45 days** of the effective date of the action.

Once informal counseling is initiated, the EEO Counselor has **30 days** to conduct an informal inquiry into the matter and attempt resolution. The 30‐day counseling period may be extended for an additional 60 days: 1) where the individual agrees to such extension in writing; or 2) where the aggrieved person chooses to participate in an Alternative Dispute Resolution procedure.

Bureau of Land Management

Fire and Aviation

Equal Employment Opportunity Program

3833 South Development Avenue 

Boise, Idaho 83705

208-387-5454
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2735 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2735

     To prohibit additional requirements for the control of Vibrio 
    vulnificus applicable to the post-harvest processing of oysters.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2009

 Mr. Nelson of Florida (for himself, Ms. Landrieu, Mr. Vitter, and Mr. 
    Inhofe) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
     To prohibit additional requirements for the control of Vibrio 
    vulnificus applicable to the post-harvest processing of oysters.

    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 ``Gulf Oyster Protection Act of 
2009''.

SEC. 2. PROHIBITION AGAINST ADDITIONAL REQUIREMENTS APPLICABLE TO POST-
              HARVEST PROCESSING OF OYSTERS.

    No Federal funds may be used to establish or implement under the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or other 
authority any requirement for the control of Vibrio vulnificus 
applicable to the post-harvest processing of oysters that is in 
addition to Federal requirements applicable to such processing as of 
the date of the enactment of this Act.
                                 <all>
```
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 27, 2007 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 130909 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 130909 

 COA: 267842 
 Ingham CC: 03-001228-FC

JARON DUSHAUN BATTLE,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 9, 2006 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal to review the process by which the 

Department of Corrections calculated jail credit. 

d0220 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

February 27, 2007 

 Clerk
Total Wildfires and Acres

The National Interagency Coordination Center at NIFC compiles annual wildland fire statistics for federal and state 

agencies. This information is provided through Situation Reports, which have been in use for several decades. Prior 

to 1983, the federal wildland fire agencies did not track official wildfire data using current reporting processes. As a 

result, there is no official data prior to 1983 posted on this site.

Source: National Interagency Coordination Center

Year Fires Acres

2021 58,985 7,125,643

2020 58,950 10,122,336

2019 50,477 4,664,364

2018 58,083 8,767,492

2017 71,499 10,026,086

2016 67,743 5,509,995

2015 68,151 10,125,149

2014 63,312 3,595,613

2013 47,579 4,319,546

2012 67,774 9,326,238

2011 74,126 8,711,367

2010 71,971 3,422,724

2009 78,792 5,921,786

2008 78,979 5,292,468

2007 85,705 9,328,045

2006 96,385 9,873,745

2005 66,753 8,689,389

2004 65,461 *8,097,880

2003 63,629 3,960,842

Year Fires Acres

2002 73,457 7,184,712

2001 84,079 3,570,911

2000 92,250 7,393,493

1999 92,487 5,626,093

1998 81,043 1,329,704

1997 66,196 2,856,959

1996 96,363 6,065,998

1995 82,234 1,840,546

1994 79,107 4,073,579

1993 58,810 1,797,574

1992 87,394 2,069,929

1991 75,754 2,953,578

1990 66,481 4,621,621

1989 48,949 1,827,310

1988 72,750 5,009,290

1987 71,300 2,447,296

1986 85,907 2,719,162

1985 82,591 2,896,147

1984 20,493 1,148,409

1983 18,229 1,323,666
SECOND
      AMENDMENT
      TO WARRANT AGREEMENT

     

    This
      Second Amendment to Warrant Agreement (this “Agreement”)
      is
      made and entered into as of November 26, 2007.

     

    RECITALS

     

    A. The
      undersigned, _____________________ (the “Holder”)
      is the
      holder of a warrant dated April 13, 2006 issued by Trulite, Inc., a Delaware
      corporation (the “Company”)
      to
      purchase _________ shares of the Company’s common stock, $0.0001 per share (the
“Warrant”).

     

    B. The
      Warrant as amended provides that unless earlier terminated in accordance with
      its terms the Warrant may be exercised through 5:00 p.m. CST on April 13,
      2008.

     

    C.
      The
      Warrant provides that the Exercise Price for the shares of Common Stock issuable
      under this Warrant shall be $1.50 per share.

     

    D. The
      Board
      of Directors of the Company has determined that it is desirable and in the
      best
      interest of the Company to reduce the Exercise Price to $0.50 per share and,
      accordingly, has approved the amendment of the Warrant to so
      provide.

     

    NOW,
      THEREFORE,
      for and
      in consideration of the mutual promises and covenants contained herein, the
      receipt and sufficiency of which is acknowledged, the parties hereto agree
      as
      follows: 

     

    1. The
      Warrant is hereby amended so that each reference therein to the “Exercise Price”
shall mean Fifty Cents ($0.50) per share of Common Stock issuable under the
      Warrant.

     

    2. Except
      as
      amended herein, the Warrant as previously amended remains
      unchanged.

     

    IN
      WITNESS WHEREOF, the parties have executed this Agreement as of the date first
      written.

     

    
      	 	
              TRULITE,
                INC.

            
	 	 
	 	
              By:

            	 
	 	 	
                 Jonathan
                Godshall, President

            


    

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    


    ACKNOWLEDGED
      AND AGREED:

     

    


    HOLDER:
When to Report Wildland Fire Incidents with an ICS-209

Wildland Fire

Complete ICS-209 daily 

until containment 

Complete ICS-209 daily

Complete ICS-209 daily

...after initial 209 submit an 

updated ICS-209 weekly

YES

YES

YES

NO

NO

NO

A final 209 shall be completed at containment and/or control.

Type 1, Type 2, or CIMT Assigned 

Commitment of national resources (aircraft, 

T-1 crews, etc.) for more than 72 hours

Complex of multiple wildland fires

Significant event or change has 

occurred, or is expected to occur

NO

YES Complete ICS-209 daily

Complete ICS-209 daily

YES

NO

Full Suppression 

Management Strategy

Large fire: >100 acres timber; >300 

acres grass/brush fuels

Complete an ICS-209 weekly if 

more than 72 hours since 

detection

NO

YES

Complete initial ICS-209, then...
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 Quarterly Report on Form 10-Q of Bio-Imaging Technologies, Inc. (the Company) for the quarter ended March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), the undersigned, Mark L. Weinstein, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

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

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Bio-Imaging Technologies, Inc.



|                    |  |                                                         
|------------------- |  | --------------------------------------------------------
|Dated: May 15, 2006 |  | /s/ Mark L. Weinstein*                                  
|                    |  | Mark L. Weinstein, President and Chief Executive Officer
|                    |  | (Principal Executive Officer)                           



---

|* | A signed original of this written statement required by Section 906 has been provided to us and will be retained by us and furnished to the Securities and Exchange Commission
or its staff upon request.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------