alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the First Circuit

No. 02-1846

ERNESTO CIRILO-MUÑOZ,

Petitioner, Appellant,

v.

UNITED STATES OF AMERICA,

Respondent, Appellee.

ERRATA

The opinion of this Court, issued on April 15, 2005, should be

amended as follows.

On page 12, line 7: change “court” to “case”.

On page 13, second-to-last line of page: change “430" to

“490“.

On page 19, line 4 of first full paragraph: change “n.3“ to

“n.2“.

On page 21, second-to-last line of note 11: change “CiriloMuñoz” to “Cirilo[-Muñoz]”.

On page 23, lines 8-11: change “a formal finding that the

victim was a police officer when he assisted in the venture. But

there is no detailed discussion of the evidence on which such a

finding might rest.” to “a formal finding that Cirilo knew that the

victim was a police officer when he (Cirilo) assisted in the

venture. But there was no detailed discussion by the district

judge of the evidence on which such a finding might rest.”
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 Health and Human Services

###### Centers for Disease Control and Prevention

# Contact Person for More Information:

                        Scott J.N. McNabb, PhD, M.S., Associate Director for Science, National Center for Public Health Information and Service, CDC, 1600 Clifton Road NE., Mailstop E-78, Atlanta, GA 30333. Telephone (404) 498-6427. E-mail                         *smcnabb@cdc.gov.*

                        The Director, Management Analysis and Services Office, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                    

Dated: July 20, 2009.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. E9-17799 Filed 7-24-09; 8:45 am]

BILLING CODE 4163-18-P
-1- 

STATE OF MICHIGAN 

COURT OF APPEALS 

PEOPLE OF THE STATE OF MICHIGAN, 

 Plaintiff-Appellee, 

UNPUBLISHED 

June 9, 2015 

v No. 321037 

Montcalm Circuit Court 

JIM EDD BROWN, LC No. 2013-017855-FH 

 Defendant-Appellant. 

Before: HOEKSTRA, P.J., and O’CONNELL and MURRAY, JJ. 

PER CURIAM. 

 Defendant, Jim Edd Brown, appeals as of right his sentences for two counts of resisting 

or obstructing a police officer, MCL 750.81d(1), and one count of domestic assault, MCL 

750.81(2). As part of his sentence, the trial court assessed defendant $800 in general court costs. 

We affirm. 

 “[C]ourts may impose costs in criminal cases only where such costs are authorized by 

statute.” People v Cunningham, 496 Mich 145, 149; 852 NW2d 118 (2014) (quotation marks 

and citation omitted). It is undisputed in this case that neither MCL 750.81d(1) nor MCL 

750.81(2) independently authorizes court costs. Thus, the trial court’s imposition of costs was 

invalid under Cunningham. 

 However, on October 17, 2014, after the Michigan Supreme Court’s decision in 

Cunningham, the Legislature passed MCL 796.1k. 2014 PA 352. As applicable to defendant, 

MCL 769.1k(1)(b)(iii) states: 

(1) If a defendant enters a plea of guilty or nolo contendere or if the court 

determines after a hearing or trial that the defendant is guilty, both of the 

following apply at the time of the sentencing or at the time entry of judgment of 

guilty is deferred pursuant to statute or sentencing is delayed pursuant to statute: 

* * * 

(b) The court may impose any or all of the following: 

* * * 
-2- 

(iii) Until 36 months after the date the amendatory act that added subsection (7) is 

enacted into law, any cost reasonably related to the actual costs incurred by the 

trial court without separately calculating those costs involved in the particular 

case . . . . 

 This statute applies to all costs imposed before June 18, 2014, and “provides for an award 

of certain costs that are not independently authorized by the statute for the sentencing offense . . . 

.” People v Konopka, ___ Mich App ___; ___ NW2d ___ (2015); slip op at 6. In this case, the 

trial court imposed defendant’s costs on February 20, 2014, and it is within the time period 

contemplated by MCL 769.1k(1)(b)(iii). Therefore, we conclude that the trial court did not 

plainly err by authorizing these costs. And, unlike in Konopka, defendant does not specifically 

challenge the lack of reasoning for the costs imposed. See id. at ___; slip op at 8. We conclude 

that reversal is not warranted. 

 Affirmed. 

/s/ Joel P. Hoekstra 

/s/ Peter D. O’Connell 

/s/ Christopher M. Murray
Order entered August 30 , 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 13 - 00109 - CR No. 05 - 13 - 00110 - CR No. 05 - 13 - 00111 - CR DAVID LYNN GREGG, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No s . F12 - 53040 - Q , F12 - 51712 - Q, F11 - 27717 - Q 

### O RDER The Court REINSTATES the appeals. On August 12, 2013, we ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeals; (2) appellant is indigent and represented by court

- appointed counsel Nanette Hendrickson; (3) Ms. Hendrickson’s explanation for the delay in filing appellant’s brief is her workload; and (4) Ms. Hendrickson requested thirty days from the August 20, 2013 to file appellant’s brief. We ORDER appellant to file his brief by SEPTEMBER 19, 2013 . If appellant’s brief is not filed by the date specified, we will order Nanette Hendrickson and the Dalla s County PublicDefender’s Office removed as counsel and will order the trial court to appoint new counsel to represent appellant in these appeals. We DIRECT the Clerk to send copies of this order, by electronic transmission, to the Honorable Lena Levario, Presiding Judge, 204th Judicial District Court; Katherine Drew, Appellate

- Chief, Dallas County Public Defender’s Office; Nanette Hendrickson, Dallas County Public Defender’s Office; and the Dallas County District Attorney’s Office.

/s/ LANA MYERS JUSTIC E
**The AAL Mutual Funds**
#### Dolores Rocco, as Personal Representative of Thomas Rocco and Another, on Behalf of Themselves and All Others Active, Retired and Vested Participants and Their Surviving Spouses and Estates of the Brewery Fund Pension Plan Who Were Denied Benefits Under the New York State Teamsters Conference Pension and Retirement Plan from on or about August 12, 1973, Appellants, v Pension Plan of New York State Teamsters Conference Pension and Retirement Fund et al., Respondents.

[853 NYS2d 519]

Present—Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0630

STATE OF MONTANA,

Plaintiff and Appellee, 

v. 

MICHAEL ROBERT LONG,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including May 20, 2020, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 13 2020

04/13/2020

Case Number: DA 19-0630
<PAGE>

                                                                    Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                  AS CREATED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      The undersigned officer of Stratagene Corporation ("Stratagene" or the
"Company") hereby certifies that:

      (i) the accompanying annual report on Form 10-K of the Company for the
year ended December 31, 2004 (the "Report") fully complies with the requirements
of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of
1934, as amended (the "Exchange Act"); and

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

Date: March 30, 2005       By: /s/ REGINALD P. JONES
                               -------------------------------------------------
                               Reginald P. Jones
                               Senior Vice President and Chief Financial Officer

This certification is provided solely pursuant to 18 U.S.C. Section 1350 and
Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under the
Securities Act of 1933, as amended (the "Securities Act"), and the Exchange Act.
In accordance with clause (ii) of Item 601(b)(32), this certification (A) shall
not be deemed "filed" for purposes of Section 18 of the Exchange Act or
otherwise subject to the liability of that section and (B) shall not be deemed
to be incorporated by reference into any filing under the Securities Act or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

A signed original of this written statement required by Section 906 has been
provided to Stratagene and will be retained by Stratagene and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 32.2

Certification of the Chief Financial Officer Pursuant to 18 U.S.C. Section 1350

In
connection with the Quarterly Report on Form 10-Q for the fiscal quarter ended April 30, 2011 of Stein Mart, Inc. (the Form 10-Q), I, Gregory W. Kleffner, Chief Financial Officer of the Company, 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 Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                     
|------------------ |  | ----------------------------------------------------
|Date: June 8, 2011 |  | /s/ Gregory W. Kleffner                             
|                   |  | Gregory W. Kleffner                                 
|                   |  | Executive Vice President and Chief Financial Officer



26
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       January 7, 2003.
    Resolved, That Jeffrey J. Trandahl of the State of South Dakota, be, and is 
hereby, chosen Clerk of the House of Representatives.
    Resolved, That Wilson S. Livingood of the Commonwealth of Virginia, be, and 
is hereby, chosen Sergeant at Arms of the House of Representatives.
    Resolved, That James M. Eagen, III, of the Commonwealth of Pennsylvania, be, 
and is hereby, chosen Chief Administrative Officer of the House of 
Representatives.
    Resolved, That Father Daniel P. Coughlin of the State of Illinois, be, and 
is hereby, chosen Chaplain of the House of Representatives.
            Attest:

                                                                          Clerk.
```
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathawa y A lton Thomas Davis,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk November 30, 2010

d1124 

# Order

November 30, 2010

141825

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant,

v SC: 141825 COA: 299980 Isabella CC: 10-000054-FC DANIEL DANNY LEONARD, Defendant-Appellee.

________________ _______________ __________/

AMENDMENT TO ORDER

On order of the Court, this Court’s Oct ober 26, 2010 order is am ended, to correct a clerical error, and reads as follows:

On order of the Court, the application for leave to appeal the September 3, 2010 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

C ORRIGAN

, J., states as follows:

I would sua sponte reconsider the prosecutor’s applic ation for leave to appeal in light of a clerical error that was brought to the Court’s attention after our order denying leave entered on October 26, 2010. In this interlocutory appeal, the prosecutor argued that the trial court abused its discretion by ex cluding from trial vide otaped interviews of the defendant by the police. Both the Court of Appeals and this Court denied the prosecutor’s applications for leave to appeal. I concurred in this Court’s decision in part because it appeared that the prosecutor failed to provide copies of the videotapes to this Court for review. After our order denying le ave entered, however, the prosecutor pointed out that he had offered copies of the tapes to the Court and had indicated their availability on the coversheet of the applic ation. The Court then discov ered that an internal filing error prevented the information concerni ng the tapes’ availability from being disseminated to the justices. Because the co ntent of the tapes might affect my decision concerning whether the trial j udge properly excluded them fro m trial, I would reconsider the prosecutor’s application in light of their availability.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
THERATECH, INC. CONSOLIDATED BALANCE SHEET AND STATEMENT OF OPERATIONS FOR THE
SIX MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                      13,958,274
<SECURITIES>                                 7,401,739
<RECEIVABLES>                                5,470,463
<ALLOWANCES>                                    50,000
<INVENTORY>                                  2,151,111
<CURRENT-ASSETS>                            29,376,048
<PP&E>                                      28,454,372
<DEPRECIATION>                               9,656,622
<TOTAL-ASSETS>                              57,708,980
<CURRENT-LIABILITIES>                        5,882,171
<BONDS>                                      1,772,718
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       212,311
<OTHER-SE>                                  46,589,780
<TOTAL-LIABILITY-AND-EQUITY>                57,708,980
<SALES>                                      9,297,635
<TOTAL-REVENUES>                            21,986,302
<CGS>                                        6,225,926
<TOTAL-COSTS>                               19,170,421
<OTHER-EXPENSES>                                12,784
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             283,464
<INCOME-PRETAX>                              2,519,633
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          2,519,633
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,519,633
<EPS-PRIMARY>                                     0.12
<EPS-DILUTED>                                     0.12
        

</TABLE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 239 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                          May 20, 2003.
    Resolved, That upon the adoption of this resolution it shall be in order 
without intervention of any point of order to consider in the House the bill 
(H.R. 1904) to improve the capacity of the Secretary of Agriculture and the 
Secretary of the Interior to plan and conduct hazardous fuels reduction projects 
on National Forest System lands and Bureau of Land Management lands aimed at 
protecting communities, watersheds, and certain other at-risks lands from 
catastrophic wildfire, to enhance efforts to protect watersheds and address 
threats to forest and rangeland health, including catastrophic wildfire, across 
the landscape, and for other purposes. The bill shall be considered as read for 
amendment. The amendment printed in part A of the report of the Committee on 
Rules accompanying this resolution shall be considered as adopted. The previous 
question shall be considered as ordered on the bill, as amended, and on any 
further amendment thereto to final passage without intervening motion except: 
(1) one hour of debate on the bill, as amended, with 30 minutes equally divided 
and controlled by the chairman and ranking minority member of the Committee on 
Agriculture, 20 minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Resources, and 10 minutes equally 
divided and controlled by the chairman and ranking minority member of the 
Committee on the Judiciary; (2) the further amendment printed in part B of the 
report of the Committee on Rules, if offered by Representative George Miller of 
California or his designee, which shall be in order without intervention of any 
point of order, shall be considered as read, and shall be separately debatable 
for one hour equally divided and controlled by the proponent and an opponent; 
and (3) one motion to recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
# table14full18

&8Page &P of &N
April 1, 2010

 

Securities and Exchange Commission  Judiciary Plaza  450 Fifth Street NW  Washington DC 20549

 

**RE: Saturna Investment Trust, File #33-13247**

 

Ladies and Gentlemen:

On behalf of the referenced Trust and pursuant to Rule 497(j), we wish to certify that the form of the recently filed *Prospectus*and *Statement of Additional Information* for CIK #0000811860, Saturna Investment Trust, that would have been filed under Rule 497 paragraph (b) or (c) would not have differed from that contained in the most recent registration or amendment, and that the text has been filed electronically.

If you have any questions or comments concerning this filing, please contact me at (360) 594-9900 Ext. 303.

 

              Yours truly, */s/ Ethel Bartolome*              Ethel Bartolome               Secretary              Saturna Investment Trust
#### Richard LITSCHEWSKI, Plaintiff-Appellant, Nancy Litschewski; Aaron Litschewski; Darcy Litschewski; Arica Overby; Steve Overby, Plaintiffs, v. Robert DOOLEY, Warden, Mike Durfee State Prison; John Does; Jane Does; Melinda Johnson, Records Administrator, South Dakota State Penitentiary; Unnamed Construction Co., Defendants-Appellees.

No. 12-3338.

United States Court of Appeals, Eighth Circuit.

Submitted: April 18, 2013.

Filed: April 23, 2013.

Richard Litschewski, Springfield, SD, pro se.

Frank E. Geaghan, Assistant Attorney General, Attorney General’s Office, Pierre, SD, for Defendants-Appellees.

Before MURPHY, SMITH, and COLLOTON, Circuit Judges.

PER CURIAM.

Inmate Richard Litschewski appeals the district court’s1 adverse judgment in his 42 U.S.C. § 1983 action.2 Upon de novo review, *see Bahl v. County of Ramsey,*695 F.3d 778, 783 (8th Cir.2012) (summary judgment); *King v. Iowa Dep’t of Corr.,*598 F.3d 1051, 1052 (8th Cir.2010) (Prison Litigation Reform Act’s administrative-exhaustion provision), we conclude that affir-mance is warranted on the merits, *see Wood v. SatCom Mktg., LLC,*705 F.3d 823, 827 (8th Cir.2013) (summary judgment may be affirmed on any basis supported by record). The judgment of the district court is affirmed, *see*8th Cir. R. 47B, and we deny Litschewski’s motion to supplement his brief.

1

. The Honorable Roberto A. Lange, United States District Judge for the District of South Dakota.

2

. We have not considered matters Litschewski has waived on appeal. *See Coates v. Powell,*639 F.3d 471, 475 n. 5 (8th Cir.2011).
DENMARK BANCSHARES, INC.

EXHIBIT 32.1

CERTIFICATIONS



Written Statement of the Chief Executive Officer and Chief Financial Officer

Pursuant to 18 U.S.C. Section1350

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 Denmark Bancshares, Inc. ("DBI"), hereby certify, based on our knowledge, that the Quarterly Report on Form 10-Q of DBI for the quarter ended June 30, 2009, (the "Report") fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of DBI.



|/s/ John P. Olsen
|-----------------
|John P. Olsen,   
|President and CEO
|                 



|/s/ Dennis J. Heim               
|---------------------------------
|Dennis J. Heim                   
|Vice President, CFO and Treasurer
|                                 
|                                 
|                                 
|Date:  August 7, 2009