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

[822 NYS2d 283]

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered September 22, 2003, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him to a term of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence supported the conclusion that defendant unlawfully entered a hotel with the contemporaneous intent to commit a crime therein. Among other things, the evidence established that he tried to break into a hotel room after taking steps to avoid detection *(see People v Gilligan,*42 NY2d 969 [1977]; *People v Sainvil,*251 AD2d 46 [1998], *lv denied*92 NY2d 930 [1998]).

The trial court properly declined to submit criminal trespass in the second degree as a lesser included offense, since there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge *(see People v Warfield,*6 AD3d 218 [2004], *lv denied*3 NY3d 650 [2004]; *People v Mauricio,*215 AD2d 326 [1995], *Iv denied*86 NY2d 738 [1995]). The theory that defendant posits as warranting submission of criminal trespass is both unsupported by any evidence and contradicted by defendant’s own statements to hotel employees and the police.

We have considered and rejected defendant’s remaining claims. Concur—Buckley, PJ., Tom, Marlow, Nardelli and Williams, JJ.
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**We herebyconsent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-135403, No. 333-125511,No. 333-117651, No. 333-106503 and No. 333-42996) of OmniVision Technologies, Inc. of our report dated July 13, 2006 relating to the financialstatements, financial statement schedule, management’s assessment of the effectiveness of internalcontrol over financial reporting and the effectiveness of internal control over financial reporting, whichappears in this Form 10-K.**/s/ PRICEWATERHOUSECOOPERS LLP**PricewaterhouseCoopers LLP
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NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

:

JOHN HARRIS, :

:

Plaintiff, :

:

v. :

:

COMMISSIONER OF SOCIAL : 

SECURITY :

Defendant. :

 :

 Civil No. 11-2961 (ES)

OPINION AND ORDER

SALAS, Judge

Plaintiff John Harris (“Harris”) filed a complaint on May 24, 2011, that opened the above

captioned case in this Court. (Doc. No. 1.) It appears that:

1. The Clerk of the Court will not file the complaint unless the person seeking relief pays

the entire applicable filing fee in advance or the person applies for and is granted in forma pauperis

status pursuant to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).

2. The filing fee for commencing a civil action in this court is $350.00. See 28 U.S.C. §

1914(a). 

3. Harris did not prepay $350.00; rather, he submitted an application to proceed in this

matter in forma pauperis (IFP application), pursuant to 28 U.S.C. § 1915. (IFP Application; Doc.

No. 1-1.)

4. Having considered Harris’s IFP application, the Court concludes that Harris has 

adequately established that his financial condition renders payment of the $350.00 filing fee a

hardship.

Case 2:11-cv-02961-ES Document 3 Filed 07/12/11 Page 1 of 2 PageID: 10
Therefore, for the foregoing reasons;

IT IS THIS 12th day of July, 2011, hereby

ORDERED that Harris’s IFP application is GRANTED;

ORDERED that the Clerk of the Court FILE Harris’s complaint. 

 /s/ Esther Salas 

ESTHER SALAS, U.S.D.J.

Page 2 of 2

Case 2:11-cv-02961-ES Document 3 Filed 07/12/11 Page 2 of 2 PageID: 11
1The Honorable Richard G. Kopf, United States District Judge for the District

of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-2965

___________

United States of America, *

*

Appellee, *

*

v. * Appeal from the United States

* District Court for the

Raul Betancourt-Sanchez, also known * District of Nebraska.

as Raul Sanchez, also known as Raul *

Sanchez-Betancourt, also known as * [UNPUBLISHED]

Jorge Betancourt-Nunez, also known as *

Jorge Betancourt, *

*

Appellant. *

___________

 Submitted: April 6, 2000

 Filed: April 12, 2000

___________

Before McMILLIAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit

Judges.

___________

PER CURIAM.

Following a conditional guilty plea to a drug-conspiracy charge, Raul

Betancourt-Sanchez challenges the district court’s1 denial of his motion to suppress

statements. He argues the officers lacked probable cause to arrest him without a

warrant.
-2-

We conclude probable cause existed to arrest Mr. Betancourt-Sanchez for illegal

re-entry following deportation, given the totality of the circumstances: (1) the police

were conducting a drug investigation of a “Raul Betancourt” and an officer had called

an Immigration and Naturalization Service (INS) agent, because the police believed the

suspect being investigated had been deported previously after a drug conviction; (2) the

INS agent uncovered “Raul Sanchez-Betancourt’s” record of an arrest for drug

trafficking, alien registration number, and drug-trafficker deportation information; (3)

the INS agent requested this person’s detention; and (4) when confronted with a police

photo of the person known to police as “Raul Betancourt,” Mr. Betancourt-Sanchez

admitted to the arresting officer that he was “Raul,” the person in the photo. See Kuehl

v. Burtis, 173 F.3d 646, 648 (8th Cir. 1999) (probable cause to arrest is assessed under

totality of circumstances); United States v. Morgan, 997 F.2d 433, 436 (8th Cir.1993)

(probable cause to arrest may be based on officers’ collective knowledge); United

States v. Travis, 993 F.2d 1316, 1323 (8th Cir.) (officers may make warrantless arrests

when they have probable cause to believe suspect has committed felony, and probable

cause exists when officers possess information warranting prudent person in believing

suspect had committed or was committing offense), cert. denied, 510 U.S. 883 and 510

U.S. 889 (1993); United States v. Morales, 923 F.2d 621, 624 (8th Cir. 1991) (while

bare suspicion of criminal activity is insufficient to establish probable cause, police

need not have enough evidence to justify conviction before making warrantless arrest).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5052 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5052

 To designate the facility of the United States Postal Service located 
 at 222 West 8th Street in Durango, Colorado, as the ``Ben Nighthorse 
                    Campbell Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2004

 Mr. McInnis (for himself, Mr. Hefley, Mr. Tancredo, Ms. DeGette, Mrs. 
   Musgrave, Mr. Udall of Colorado, and Mr. Beauprez) introduced the 
   following bill; which was referred to the Committee on Government 
                                 Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 222 West 8th Street in Durango, Colorado, as the ``Ben Nighthorse 
                    Campbell Post Office Building''.

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

SECTION 1. BEN NIGHTHORSE CAMPBELL POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 222 West 8th Street in Durango, Colorado, shall be known and 
designated as the ``Ben Nighthorse Campbell Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the Ben 
Nighthorse Campbell Post Office Building.
                                 <all>
```
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

PATRICK COLLINS :

Plaintiff : Civil Action No. 11-1483(FSH)

v. :

JOHN DOES 1-13, : ORDER

Defendant :

This matter having come before the Court by way of plaintiff’s motion for permission to

conduct discovery before holding a conference pursuant to Fed. R. Civ. P. 26(f) in the form of

serving subpoenas on internet service providers to obtain information about the identity of the

person/entity to whom internet protocol addresses are assigned;

and the Court having considered the submission, the claims, and governing law;

and for the reasons set forth in the Opinions delivered on the record on June 1, 2011 and

July 1, 2011 ;

1

and for good cause shown,

IT IS ON THIS 1st day of July, 2011

ORDERED the motion for permission to conduct additional discovery before holding a

conference pursuant to Fed. R. Civ. P. 26(f) [Docket No. 12] in the form of serving subpoenas on

internet service providers to obtain information about the identity of the person/entity to whom

the specific internet protocol addresses set forth in the motion are assigned is granted. Service of

A transcript of the Opinion may be obtained by contacting King Transcription Service at

1

973-237-6080.

Case 2:11-cv-01483-FSH -PS Document 14 Filed 07/01/11 Page 1 of 2 PageID: 152
the subpoenas shall comply with the Federal Rules of Civil Procedure. Information obtained 2

from the internet service providers shall only be used for the purpose of this litigation and the

plaintiff shall be prepared to provide copies of the responsive information to parties who enter

appearances in this case; 

IT IS FURTHER ORDERED that the request that this Court enter orders concerning who

bears the costs or to compel an internet service provider to comply before the subpoenas are

served is denied; and 

IT IS FURTHER ORDERED that the request to extend the deadline to serve the

Complaint on the defendants shall be resubmitted via letter and shall include a proposed order. 

A courtesy copy of the letter and proposed order shall be provided to Chambers.

s/Patty Shwartz

UNITED STATES MAGISTRATE JUDGE

If the internet service provider requires court-endorsement of the subpoenas, then the 2

plaintiff shall provide them to the Court to be endorsed “so ordered.”

Case 2:11-cv-01483-FSH -PS Document 14 Filed 07/01/11 Page 2 of 2 PageID: 153
<PAGE>

                                                                    Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Moshe BenBassat, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of ClickSoftware Technologies Ltd. on Form 10-K for the annual period
ended December 31, 2003 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that the information contained
in such Report on Form 10-K fairly presents in all material respects the
financial condition and results of operations of ClickSoftware Technologies Ltd.
as of and for the periods presented in such Report on Form 10-K. This written
statement is being furnished to the Securities and Exchange Commission as an
exhibit accompanying such Report and shall not be deemed filed pursuant to the
Securities Exchange Act of 1934.


Dated: MARCH 22, 2004                  By: /s/ Moshe BenBassat
                                           -------------------
                                           Moshe BenBassat
                                           Chairman and Chief Executive Officer




--------------------------------------------------------------------------------
10-K CLICKSOFTWARE TECHNOLOGIES LTD.                                    PAGE 1
Exhibit 10.12.6

 

SEVENTH AMENDMENT TO THE JANUS 401(K)

AND EMPLOYEE STOCK OWNERSHIP PLAN

 

The Janus 401(k) and Employee Stock Ownership Plan, as amended and restated effective January 1, 2009 (the “Plan”), is hereby amended as follows:

 

1.                                      Effective as of January 1, 2013 Section 8.4(b) of the Plan is hereby amended in its entirety to read as follows:

 

(b)           Maximum Number of Loans.  Effective January 1, 2013, a Participant may only have one (1) loan outstanding at any time.  Notwithstanding the foregoing, prior to January 1, 2013 a Participant was permitted to have two (2) loans outstanding at any time, and, accordingly, all Participants who prior to January 1, 2013 had two loans outstanding will be grandfathered and shall be entitled to continue to have such outstanding loans pursuant to their terms in effect as of December 31, 2012.

 

2.                                      Except as expressly provided herein, the Plan shall remain in full force and effect.

 

IN WITNESS WHEREOF, Janus Capital Group Inc. has executed this Amendment as of this 10th day of December 2012.

 

 

	
 
    	
 
    	
Janus Capital   Group Inc.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
/s/ Karlene J.   Lacy
    
	
 
    	
 
    	
Karlene Lacy
    
	
 
    	
 
    	
Senior Vice   President
    
	
 
    	
 
    	
Taxation &   Compensation Accounting
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
ATTEST:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/ Susan J.   Armstrong
Exhibit 32   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 of Gulf & Orient Steamship Company, Ltd. (the Registrant) on Form 10-Q for the quarter ending  June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Quarterly Report), we, Michael Vardakis, President, and Melissa Ladakis, Secretary and Treasurer of the Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant.  Date:August 14, 2008By:/s/Michael VardakisMichael Vardakis, President and Director  Date:August 14, 2008By:/s/Melissa LadakisMelissa Ladakis, Secretary, Treasurer and Director
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* 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 14, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51137 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus PEDRO ESQUIVEL-BAUTISTA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:05-CR-823-ALL

-------------------- Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Pedro EsquivelBautista raises arguments that are foreclosed by AlmendarezTorres 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. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

______________________________

HAMID AL RAZAK, et al., :

:

Petitioners, :

:

v. : Civil Action No. 05-1601 (GK) 

 :

GEORGE W. BUSH, et al., :

:

Respondents. :

______________________________:

ORDER

A Status Conference was held in this case on January 13, 2009,

which was open to the public. Upon consideration of the

representations of the parties, and the entire record herein, it is

hereby

ORDERED, that Petitioners will file a Notice with the Court if

they wish to proceed with their petition for habeas corpus; and it

is further

ORDERED, that parties shall file a Joint Status Report on

March 1, 2009, describing how the case is proceeding.

 /s/ 

January 14, 2009 Gladys Kessler

United States District Judge

Copies to: Attorneys of Record via ECF
**EXHIBIT
32.2**
  **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 on Form 10-K of Airspan Networks, Inc. (the
“Company”) for the period ending December 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Peter Aronstam,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 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 Company.
  ****Date: March
      16, 2005
    By:
    /s/ Peter
  AronstamPeter AronstamChief Financial
  Officer
**Exhibit 32**

**** 

**** 

**** 

**** 

**CERTIFICATION OF PERIODIC FINANCIAL REPORT**

**** 

**** 

**** 

**           **Dann H. Bowman and Sandra F. Pender hereby certify as follows:

 

                1.  They are the President and Chief Executive Officer and the Chief Financial Officer, respectively, of Chino Commercial Bancorp.

 

                2.    The Form 10-Q of Chino Commercial Bancorp for the quarterly period ended June 30, 2009 complies with the requirements pf Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78(m) or 78(d)) and the information contained in the report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Chino Commercial Bancorp.

 

Date: August 10, 2009

                                                                        

                        By: /s/ Dann H. Bowman                                                 

                                                                       Dann H. Bowman

       President and Chief Executive Officer       

 

 

By: /s/ Sandra F. Pender                                                   

       Sandra F. Pender

                                                                                                       Senior Vice President and Chief Financial Officer

 

----
**EXHIBIT
      32.1**





**CYBRA
      CORPORATION**





**SECTION
      906 CERTIFICATION**





In
      connection with the periodic report of CYBRA Corporation (the “Company”) on Form
      10-QSB for the period ended September 30, 2007 as filed with the Securities
      and
      Exchange Commission (the “Report”), I, Harold Brand, Chief Executive Officer of
      the Company, hereby certify as of the date hereof, solely for purposes of
      Title 18, Chapter 63, Section 1350 of the United States Code,
      that to the best of my knowledge:





(1)
      the
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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 at the dates
      and for the periods indicated.





This
      Certification has not been, and shall not be deemed, “filed” with the Securities
      and Exchange Commission.




Date:
                November 13, 2007By:
            /s/
                Harold BrandHarold
                  Brand
              Chief
                Executive Officer





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