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

[855 NYS2d 556]

The defendant’s contention that the evidence was legally insufficient to establish that he acted in concert with his codefendants is without merit. Viewing the evidence in the light most favorable to the prosecution *(see People v Contes,*60 NY2d 620 [1983]), there existed a “valid line of reasoning and permissible inferences [which] could lead a rational person to the conclusion reached by the fact finder on the basis of the evidence at trial” *(People v Hines,*97 NY2d 56, 62 [2001] [internal quotation marks omitted]; *see People v Coulter,*240 AD2d 756 [1997]; *People v Roldan,*211 AD2d 366 [1995], *affd*88 NY2d 826 [1996]; *People v Slack,*163 AD2d 130, 130-131 [1990]). Moreover, upon the exercise of our factual review power *(see*CPL 470.15 [5]), we find that the verdict of *guilt*was not against the weight of the evidence *(see People v Romero,*7 NY3d 633 [2006]).

The defendant’s contention that he was denied the effective assistance of counsel is without merit. A review of the circumstances in totality reveals that the defendant was afforded meaningful representation *(see People v Henry,*95 NY2d 563, 565 [2000]; *People v Baldi,*54 NY2d 137, 147 [1981]; *People v Daniels,*35 AD3d 495, 496 [2006]; *People v Hill,*163 AD2d 813, 814 [1990]; *People v Blanco,*162 AD2d 540, 543 [1990]). Con*779trary to the defendant’s argument, defense counsel sought, albeit unsuccessfully, to exclude from evidence the razor that was recovered from the defendant at the time of his arrest, three days after the alleged crime, as inadmissible evidence of an uncharged crime pursuant to *People v Ventimiglia*(52 NY2d 350 [1981]). Contrary to the defendant’s further contention, the failure to make a meritless suppression motion pursuant to *Mapp v Ohio*(367 US 643 [1961]) does not constitute the ineffective assistance of counsel *(see People v Caban,*5 NY3d 143, 152-153 [2005]; *People v Daniels,*35 AD3d 495, 496 [2006]). Since the property in question was recovered from the defendant when he was arrested for a separate crime, as to which the defendant pleaded guilty, a motion to suppress the physical evidence on the ground that the defendant had been arrested at that time without probable cause would have been unsuccessful *(see People v Rivera,*71 NY2d 705, 709 [1988]). Spolzino, J.P., Angiolillo, Balkin and Leventhal, JJ., concur.
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Tuolumne County Resource Advisory Committee will meet on August 10, 2009 at the City of Sonora Fire Department, in Sonora, California. The purpose of the meeting is to vote on projects, determine the need for an August 17th meeting, and schedule meetings and topics for 2010.

# DATES:

The meeting will be held August 10, 2009, from 9 a.m. to 3 p.m.

# ADDRESSES:

The meeting will be held at the City of Sonora Fire Department located at 201 South Shepherd Street, in Sonora, California (CA 95370).

# FOR FURTHER INFORMATION CONTACT:

                        Beth Martinez, Committee Coordinator, USDA, Stanislaus National Forest, Mi-Wuk Ranger District, P.O. Box 100, Mi-Wuk Village, CA 95346, (209) 586-3234; E-mail:                         *bethmartinez@fs.fed.us*.                    

# SUPPLEMENTARY INFORMATION:

The Tuolumne County RAC plans to expand its geographic area to include Mariposa County and will be reviewing and recommending projects in both counties. Agenda items to be covered include: (1) Discussion and voting on projects; (2) determine need for an August 17 meeting; (3) schedule meetings/topics for 2010; (4) public comment on meeting proceedings. This meeting is open to the public.

Dated: July 16, 2009.

Timothy A. Dabney,

Acting Deputy Forest Supervisor.

[FR Doc. E9-17516 Filed 7-23-09; 8:45 am]

BILLING CODE 3410-ED-M
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 20-0105

_________________

MUFFIE B. MURRAY and W. STEPHEN 

MURRAY, HELD FAMILY TRUST, and 

WILLIAM A. SARRAZIN,

 Plaintiffs, Counter-Defendants,

 and Appellees,

 v.

NATHAN G. JUDD,

 Defendant, Counter-Plaintiff,

 and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Brenda Gilbert, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 23 2020

09/23/2020

Case Number: DA 20-0105
THEODORE PARNELL

,

Appellant,

v.

T. D. ANDERSON, WARDEN

OF HAMILTON C.I.

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 1 6

- 3048

_____________________________/

Opinion filed February 1, 2017.

An appeal from the Circuit Court for Hamilton County

. Andrew J. Decker , Judge

.

Theodore Parnell , pro se, Appellant.

Kenneth Steely , General Counsel, Department of Corrections, Pamela Jo Bondi,

Attorney General, and Jennifer J. Moore , Assistant Attorney General , Tallahassee

, for Appellee.

PER CURIAM.

AFFIRMED.

OSTERHAUS, BILBREY , a nd WINOKUR, JJ., CONCUR.
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 of ThermoEnergy Corporation (the "Company")
on Form 10-Q for the period ended March 31, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the “Report"), I, Dennis C.
Cossey, Chairman and Chief Executive Officer of the Company, certify to the best
of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec.
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:  October
14, 2009




By:
                /s/ Dennis C. CosseyName:
      Dennis C. CosseyTitle:
      Chairman and Chief Executive
Officer
<PAGE>   1
Exhibit 11 - Earnings per share

<TABLE>
<CAPTION>
                                                            1999             1998
                                                        ------------     -----------
<S>                                                     <C>              <C>
Income (loss)                                           $  (395,614)     $  (648,532)
Less dividends on preferred stock                            (7,059)          (8,141)
                                                        -----------      -----------

Net Income (loss) applicable to common shareholders     $  (402,673)     $  (656,673)
                                                        ===========      ===========

Weighted average common shares outstanding                3,006,079        2,566,240
Dilutive Potential Common Shares                                  0                0

Net income (loss) per common share
     Basic                                              $     (0.13)     $     (0.26)
     Diluted                                            $     (0.13)     $     (0.26)
</TABLE>
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Page 36552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17483]



[[Page 36552]]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 5 Taxpayer Advocacy Panel (Including the 
States of Iowa, Kansas, Minnesota, Missouri, Nebraska, Oklahoma, and 
Texas)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 5 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas, and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Tuesday, August 11, 2009.

FOR FURTHER INFORMATION CONTACT: Patricia Robb at 1-888-912-1227 or 
414-231-2360.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that a meeting of the Area 5 Taxpayer Advocacy Panel will be held 
Tuesday, August 11, 2009, at 9:30 a.m. Central Time via telephone 
conference. The public is invited to make oral comments or submit 
written statements for consideration. Due to limited conference lines, 
notification of intent to participate must be made with Patricia Robb. 
For more information please contact Ms. Robb at 1-888-912-1227 or 414-
231-2360, or write TAP Office Stop 1006MIL, 211 West Wisconsin Avenue, 
Milwaukee, WI 53203-2221, or post comments to the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: July 16, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-17483 Filed 7-22-09; 8:45 am]
BILLING CODE 4830-01-P
<PAGE>

                                                                    Exhibit 99.1

                       Kowloon-Canton Railway Corporation
     Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                            (18 U.S.C. Section 1350)


     Pursuant to the requirements of Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. Sections 1350(a) and (b)), the undersigned hereby certifies as
follows:

1.   I, K.Y. Yeung, am the Chief Executive Officer of Kowloon-Canton Railway
     Corporation (the "Corporation").

2.   To the best of my knowledge:

     (A)  The Corporation's Form 20-F accompanying this Certification, in the
          form filed with the Securities and Exchange Commission (the "Report")
          fully complies with the requirements of Section 13(a) of the
          Securities Exchange Act of 1934 (the "Exchange Act"); and

     (B)  The information in the Report fairly presents, in all material
          respects, the financial condition and results of operations of the
          Corporation.

Dated: June 27, 2003
                                                /s/ K.Y. Yeung
                                                __________________________
                                                Name:  K.Y. Yeung
                                                Title: Chief Executive Officer


A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY SECTION 906 OF THE
SARBANES-OXLEY ACT HAS BEEN PROVIDED TO KOWLOON-CANTON RAILWAY CORPORATION AND
WILL BE RETAINED BY KOWLOON-CANTON RAILWAY CORPORATION AND FURNISHED TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.

THE FOREGOING CERTIFICATION IS BEING FURNISHED SOLELY PURSUANT TO 18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
2002. IN ACCORDANCE WITH THE INTERIM GUIDANCE FOR SECTION 906 CERTIFICATION
ISSUED BY THE SECURITIES AND EXCHANGE COMMISSION ON MARCH 21, 2003 IN RELEASE
NO. 33-8212, THIS CERTIFICATION WILL NOT BE DEEMED "FILED" FOR PURPOSES OF
SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, OR OTHERWISE SUBJECT TO THE
LIABILITY OF THAT SECTION.
```

[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Page 34029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16709]

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5300-N-26]

Notice of Availability: Notice of Funding Availability (NOFA) for 
Fiscal Year (FY) 2009 Doctoral Dissertation Research Grant Program

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, HUD.

ACTION: Notice.

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

SUMMARY: HUD announces the availability on its Web site of the 
application information, submission deadlines, funding criteria, and 
other requirements for the FY2009 Doctoral Dissertation Research Grant 
NOFA for FY(2009). Approximately $200,000 is made available through 
this NOFA, by the Department of Housing and Urban Development 
Appropriations Act, 2009 (Pub. L. 111-8, approved March 11, 2009), to 
enable doctoral candidates enrolled at institutions of higher education 
accredited by a national or regional accrediting agency recognized by 
the U.S. Department of Education to complete their dissertations on 
policy-relevant housing and urban development issues. The notice 
providing information regarding the application process, funding 
criteria and eligibility requirements is available on the Grants.gov 
Web site at http://apply07.grants.gov/apply/forms_apps_idx.html. A 
link to Grants.gov is also available on the HUD Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm. The Catalogue of Federal 
Domestic Assistance (CFDA) number for the Doctoral Dissertation 
Research Grant Program is 14.516. Applications must be submitted 
electronically through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
Doctoral Dissertation Research Grant program, contact Susan Brunson, 
Office of University Partnerships, Office of Policy Development and 
Research, Department of Housing and Urban Development, 451 Seventh 
Street, SW., Room 8226, Washington DC 20410; telephone 202-402-3852 
(this is not a toll-free number). Persons with speech or hearing 
impairments may access this telephone number via TTY by calling the 
toll-free Federal Information Relay Service during working hours at 
800-877-8339.

    Dated: June 15, 2009.
Jean Lin Pao,
General Deputy Assistant Secretary for Policy Development and Research.
 [FR Doc. E9-16709 Filed 7-10-09; 11:15 am]
BILLING CODE 4210-67-P
```
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MANA DIARRA, 

Petitioner, 

 v. 

WILLIAM P. BARR, Attorney General, 

Respondent.

No. 19-70889 

Agency No. A208-926-798 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 2, 2020**

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

Mana Diarra, a native and citizen of Mali, petitions for review of the Board 

of Immigration Appeals’ order dismissing his appeal from an immigration judge’s 

(“IJ”) decision denying his motion to reopen his removal proceedings. We have 

jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due process 

violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th 

* 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 19-70889 

Cir. 2014). We deny the petition for review.

Diarra does not challenge the determination that his motion to reopen was 

untimely and that he did not establish an exception to the filing deadline. See 

Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not 

specifically raised and argued in a party’s opening brief are waived). 

Diarra’s contentions that the IJ violated due process, constituting an 

exceptional situation that warranted sua sponte reopening, fail because Diarra was 

advised of his right to counsel, provided with a list of legal services, given ample 

time to seek counsel, assisted by the IJ in reviewing evidence in court, and the 

record reflects that Diarra understood the interpreter. See Lata v. INS, 204 F.3d 

1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim); see 

also Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (“[T]his court has 

jurisdiction to review Board decisions denying sua sponte reopening only for the 

limited purpose of reviewing the reasoning behind the decisions for legal or 

constitutional error.”).

As stated in the court’s June 6, 2019, order, the temporary stay of removal 

remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.
ANNUAL STATEMENT AS TO COMPLIANCE

HSBC Finance Corporation, successor by merger to

Household Finance Corporation ("HSBC" Finance")

HOUSEHOLD AUTO RECEIVABLES CORPORATION

HOUSEHOLD AUTOMOTIVE TRUST IV, SERIES 2000-1

 

	I, Steven H. Smith, Servicing Officer of HSBC Finance (the "Master Servicer"), DO HEREBY CERTIFY, in accordance with Section 4.10 of the Master Sale and Servicing Agreement dated as of February 1, 2000 among Household Automotive Trust IV, as Issuer, Household Auto Receivables Corporation, as Seller, the Master Servicer and Wells Fargo Bank, National Association (successor to Norwest Bank Minnesota, National Association), as Indenture Trustee, (the "Agreement") that:

	1. A review of the activities of the Master Servicer from January 1 through August 17, 2004 and of its performance under the Agreement has been made under my supervision; and

To the best of my knowledge, based on my review, the Master Servicer has  fulfilled all of its material obligations under the Agreement throughout such period. Based on such review, the Master Servicer has, to the best of my knowledge, performed in all material respects its obligations under the Agreement throughout such period and no default in the performance of such obligations has occurred or is continuing except as set forth below.

				NONE

 

IN WITNESS WHEREOF, I have signed this certificate this 1st day of March, 2005.

 

 

					HSBC Finance Corporation, as Master Servicer

 

						/s/ Steven H. Smith			 
					Steven H. Smith

					Servicing Officer

 

 

 

ANNUAL STATEMENT AS TO COMPLIANCE

HSBC Finance Corporation, successor by merger to

Household Finance Corporation ("HSBC" Finance")

HOUSEHOLD AUTO RECEIVABLES CORPORATION

HOUSEHOLD AUTOMOTIVE TRUST IV, SERIES 2000-1

 

	I, Steven H. Smith, Servicing Officer of HSBC Finance, as Master Servicer, DO HEREBY CERTIFY, in accordance with Section 3.9 of the Indenture dated as of February 1, 2000 among Household Automotive Trust IV, (the "Issuer") and Wells Fargo Bank, National Association (successor to Norwest Bank Minnesota, National Association), as Indenture Trustee, that:

	1.  A review of the activities of the Issuer from January 1 through August 17, 2004 and of its performance under the Indenture has been made under my supervision; and

To the best of my knowledge, based on my review, the Issuer has complied with all conditions and covenants under this Indenture and each Series Supplement throughout such period.  Based on such review, the Issuer has, to the best of my knowledge, performed in all material respects its obligations under the Indenture throughout such period and no default in the performance of such obligations has occurred or is continuing except as set forth below.

			NONE

 

IN WITNESS WHEREOF, I have signed this certificate this 1st day of March, 2005.

 

 

					HSBC Finance Corporation, as Master Servicer

 

						/s/ Steven H. Smith				 
					Steven H. Smith

					Servicing Officer
EX-10.41



 EXHIBIT 10.41 
 AMENDMENT 2012-1 
 THE PNC FINANCIAL SERVICES GROUP, INC. 

EMPLOYEE STOCK PURCHASE PLAN 
 (as amended and restated effective January 1, 2009) 
 WHEREAS, The PNC
Financial Services Group, Inc. (the “Corporation”) sponsors The PNC Financial Services Group, Inc. Employee Stock Purchase Plan (the “Plan”); 
 WHEREAS, the Corporation wishes to amend the Plan to clarify the Plan’s provisions regarding the eligibility of certain rehired employees to participate in the Plan; and 

WHEREAS, Section 6.3 of the Plan permits the non-material amendment of the Plan at any time without approval of the shareholders of
the Corporation. 
 NOW, THEREFORE, IT IS RESOLVED, that the Plan is hereby amended as follows, effective as of January 1,
2012 unless otherwise stated herein: 
 1. The definition of “Continuous Service” under Section 1.2 of the
Plan (“Definitions”) is amended in its entirety to read as follows: 
 “Continuous
Service means the period of time, uninterrupted by a termination of employment, that an Employee has been employed by the Corporation and/or a Designated Subsidiary immediately preceding an Offering Date. Such period of time will include any
approved leave of absence. Notwithstanding the foregoing, if the Employee’s employment with the Corporation or a Designated Subsidiary has ended and the Employee is receiving or is eligible to receive displacement benefits under The PNC
Financial Services Group, Inc. Displacement Benefits Plan (the “DBP”), the Employee’s Continuous Service will be determined as if the Employee's employment had not ended in such instance if the Employee returns to employment with the
Corporation or a Designated Subsidiary within 30 days of the Employee's termination of employment and the Employee immediately returns any displacement benefits already paid to the Employee under the DBP.” 

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 

  

1 








 Executed and adopted by the Chief Human Resources Officer of The PNC Financial Services Group, Inc. this
19th day of December, 2012 pursuant to the authority set forth in Section 6.3 of the Plan and the authority delegated by the Corporation’s Personnel and Compensation Committee. 

 

	
	/s/ Joan L. Gulley
	 Joan L. Gulley

Executive Vice President and
 Chief Human
Resources Officer



 [Signature Page to Amendment 2012-1 to 

The PNC Financial Services Group, Inc. Employee Stock Purchase Plan]