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

[666 NYS2d 866]

—Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from Judgment of Erie County Court, Rogowski, J.—Attempted Robbery, 2nd Degree.) Present—Pine, J. P., Lawton, Hayes, Wisner and Balio, JJ.
EX-32.1

                                CERTIFICATION OF
                           PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In  connection  with the  accompanying  Quarterly  Report  on Form  10-QSB  (the
"Report") of WI-TRON,  INC. (the "Company") for the quarter ended June 30, 2006,
I, Joe  Nordgaard,  Chief  Executive  Officer  of the  Company,  hereby  certify
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, 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.


/s/ Joe Nordgaard                                                August 14, 2006
-----------------------
Joe Nordgaard
Chief Executive Officer
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 of Asia Premium Television Group, Inc. and its subsidiaries (the Company) on Form 10-KSB for the fiscal year ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Miao Bulin, Finance Manager 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 to the best of my knowledge:



(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 result of operations of the Company.





Date:  June 29, 2005







/s/ Bulin Miao

Bulin Miao

Finance Manager
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Argued January 19, 2005

Decided July 27, 2005

Before

Hon. Richard D. Cudahy, Circuit Judge

Hon. Daniel A. Manion, Circuit Judge

Hon. Terence T. Evans, Circuit Judge

No. 04-2986

United States of America,

Plaintiff-Appellee,

v.

Angel Lechuga-Ponce,

Defendant-Appellant.

Appeal from the United States

District Court for the Eastern

District of Wisconsin

No. 03-CR-215

William C. Griesbach, 

Judge.

O R D E R

In an opinion and order dated May 17, 2005, this court directed a limited

remand to the District Court for the Eastern District of Wisconsin in the abovecaptioned case. United States v. Lechuga-Ponce, 407 F.3d 895 (7th Cir. 2005). We

did so pursuant to this court’s decision in United States v. Paladino, 401 F.3d 471

(7th Cir. 2005). In that case this court held that in light of the Supreme Court’s

decision in United States v. Booker, ___ U.S. __, 125 S. Ct. 738 (2005), a criminal

defendant sentenced pursuant to the sentencing guidelines was entitled to a

remand “where this court cannot be assured that the district court would have

arrived at the same sentence if it had treated the guidelines as advisory.” 

Lechuga-Ponce, 407 F.3d at 897.

UNPUBLISHED ORDER

Not to be cited per Circuit Rule 53
No. 04-2986 Page 2

On remand, the district court determined that “I may have sentenced the

defendant differently had I known that the United States Sentencing Guidelines

were advisory.” In light of the conclusion, and consistent with this court’s decision

in Paladino, we order that Lechuga-Ponce’s sentence is vacated and this case is

remanded to the district court for resentencing.
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 this amendment No. 1 to the Annual Report of Asia Premium Television Group, Inc. (the Company) on Form 10-KSB/A for the fiscal year ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jiang Qiang, Chief Executive 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 to the best of my knowledge:



(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 result of operations of the Company.





Date:  February 14, 2006







/s/ Jiang Qiang

Jiang Qiang

Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7026

UNITED STATES OF AMERICA, Plaintiff – Appellee,

v. BRICELYN MARCEL RUSSELL, Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:96-cr-00220-RBS-1)

Submitted: March 31, 2009 Decided: April 15, 2009

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bricelyn Marcel Russell, Appellant Pro Se. Laura Marie Everhart, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Bricelyn Marcel Russell seeks to appeal the district court’s order denying his motion for reduction of sentence under 18 U.S.C. § 3582 (2006). Russell was originally sentenced at the bottom of his guideline range to 360 months in prison. The district court subsequently granted the Government’s motions under Fed. R. Crim. P. 35(b) and reduced Russell’s sentence to 180 months. In denying Russell’s § 3582(c)(2) motion, the district court determined that his amended guideline range under

the crack cocaine amendments was 292 to 365 months’ imprisonment; noted the court had already reduced his sentence to 180 months; and denied his motion for a further reduction. On appeal, Russell challenges the district court’s reasoning for denying his motion. Because we conclude that the district court lacked authority under 18 U.S.C. § 3582(c)(2) to reduce Russell’s term of imprisonment to a term that was less than the bottom of the amended guideline range, we affirm. See United States v. Dunphy , 551 F.3d 247, 250, 252 (4th Cir. 2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
exv10w48






Exhibit 10.48




ADDENDUM TO ERIK PRUSCH OFFER LETTER DATED AUGUST 24, 2009



This Addendum memorializes the agreement between you and Clearwire regarding relocation benefits
which are in addition to those outlined in your August 24, 2009 offer letter (“Offer Letter”).



Specifically, you and Clearwire agree as follows:





	1.	 	In lieu of reimbursement of expenses related to the sale of your home located at 409 Brandon
Way, Austin, Texas, (“Texas Home”), Clearwire’s designated relocation agent shall purchase the
Texas Home on behalf of Clearwire. The purchase price to be paid for the Texas Home
(“Purchase Price”) was determined in accordance with the following process:






	 	a.	 	Initial valuation of the property established by two appraisal
companies selected by Clearwire’s relocation agent.
	 
	 	b.	 	If the appraisals are:






	 	i.	 	within 5% of each other, the Purchase Price is the
arithmetic mean of the two appraisal valuations.
	 
	 	ii.	 	not within 5% of each other, an additional
valuation is established by a third appraisal company selected by
Clearwire’s relocation agent, and the Purchase Price is the median of the
three appraisal valuations.






	2.	 	In the event you terminate employment prior to September 10, 2011, you shall reimburse
Clearwire for the (a) temporary housing assistance; (b) expenses related to a purchase of a
home in the greater Seattle area; (c) household packing and moving expenses; (d) miscellaneous
settling in costs, all as are more fully described in the “Relocation Benefits” section of the
Offer Letter, up to a maximum reimbursement amount of $100,000.00. You shall make such
reimbursement payment within thirty (30) days after the date upon which your employment with
Clearwire terminates.
	 
	 	 	In the event your employment is involuntarily terminated by Clearwire without Cause or due to a
Change in Control of Clearwire prior to September 10, 2011, you will not be subject to the
repayment provisions of this Section 2. The terms “Cause” and “Change in Control” shall have the
correlative meanings set forth in the Clearwire 2010 Executive Continuity Plan.
	 
	3.	 	Except as modified pursuant to this Addendum, the Offer Letter remains in full force and
effect.




CLEARWIRE CORPORATION




	 	 	 	 	 	 	 

	/s/ William Morrow

	 	 	 	/s/ Erik Prusch
	 	 
	 

	 	 	 	 	 	 
	William Morrow

	 	 	 	Erik Prusch	 	 
	Chief Executive Officer

	 	 	 	Chief Financial Officer	 	 
	 
	 	 	 	 	 	 
	December 28, 2010

	 	 	 	December 27, 2010	 	 
	 

	 	 	 	 	 	 
	Date

	 	 	 	Date
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 on Form 10-Q of Digital Lightwave, Inc. (the Company) for the quarter ended
September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the report), I Kenneth T. Myers, President and Chief Executive Officer and Principal Executive 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 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.

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.



|                        |  |  |  |     |  |                                      
|----------------------- |  |  |  | --- |  | -------------------------------------
|Date: November 12, 2009 |  |  |  |     |  |                                      
|                        |  |  | 
|                        |  |  |  | By: |  | /s/ KENNETH T. MYERS                 
|                        |  |  |  |     |  | Kenneth T. Myers                     
|                        |  |  |  |     |  | President and Chief Executive Officer
|                        |  |  |  |     |  | (Principal Executive Officer)        
|                        |  |  | 
|Date: November 12, 2009 |  |  |  |     |  |                                      
|                        |  |  | 
|                        |  |  |  | By: |  | /s/ KENNETH T. MYERS                 
|                        |  |  |  |     |  | Kenneth T. Myers                     
|                        |  |  |  |     |  | Chief Accounting Officer             
|                        |  |  |  |     |  | (Principal Financial Officer)
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.                  

###### National Science Foundation

                    The Chief Operating Officer of the National Science Foundation has determined that the establishment of the STEM Education Advisory Panel is necessary and in the public interest in connection with the performance of the duties imposed upon the National Science Foundation (NSF) by 42 U.S.C. 1861*et seq.*                     This determination follows consultation with the Committee Management Secretariat, General Services Administration.                

*Name of Committee:*                     STEM Education Advisory Panel (#2624)                

*1. Nature/Purpose:*                     The STEM Education Advisory Panel will provide advice and recommendations to the Committee on STEM Education (CoSTEM), assess CoSTEM's progress in carrying out responsibilities related to the America COMPETES Reauthorization Act, and help identify need or opportunity to update the Federal Science, Technology, Engineering, and Mathematics (STEM) Education 5-Year Strategic Plan.                

*Responsible NSF Official:*                     William J. Lewis, Acting Assistant Director, Directorate for Education and Human Resources, National Science Foundation, 2415 Eisenhower Avenue, C 11004, Alexandria, VA 22314. Telephone: 703/292-8600.                

      ( print page 45906)    
Dated: September 27, 2017.

Crystal Robinson,

Committee Management Officer.

[FR Doc. 2017-21037 Filed 9-29-17; 8:45 am]

 BILLING CODE 7555-01-P
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 20-0456

IN THE MATTER OF:

J.M.,

Respondent 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 January 27, 2021, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Beth Baker

Justice, Montana Supreme Court

December 17 2020

12/17/2020

Case Number: DA 20-0456
112TH CONGRESS 

2D SESSION H. R. 316 

AN ACT 

For the relief of Esther Karinge. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 316 EH

1 SECTION 1. PERMANENT RESIDENT STATUS FOR ESTHER 

2 KARINGE. 

3 (a) IN GENERAL.—Notwithstanding subsections (a) 

4 and (b) of section 201 of the Immigration and Nationality 

5 Act, Esther Karinge shall be eligible for issuance of an 

6 immigrant visa or for adjustment of status to that of an 

7 alien lawfully admitted for permanent residence upon fil8 ing an application for issuance of an immigrant visa under 

9 section 204 of such Act or for adjustment of status to 

10 lawful permanent resident. 

11 (b) ADJUSTMENT OF STATUS.—If Esther Karinge 

12 enters the United States before the filing deadline speci13 fied in subsection (c), she shall be considered to have en14 tered and remained lawfully and shall, if otherwise eligible, 

15 be eligible for adjustment of status under section 245 of 

16 the Immigration and Nationality Act as of the date of the 

17 enactment of this Act. 

18 (c) DEADLINE FOR APPLICATION AND PAYMENT OF

19 FEES.—Subsections (a) and (b) shall apply only if the ap20 plication for issuance of an immigrant visa or the applica21 tion for adjustment of status is filed with appropriate fees 

22 within 2 years after the date of the enactment of this Act. 

23 (d) REDUCTION OF IMMIGRANT VISA NUMBER.— 

24 Upon the granting of an immigrant visa or permanent res25 idence to Esther Karinge, the Secretary of State shall in26 struct the proper officer to reduce by 1, during the current 
3 

•HR 316 EH

1 or next following fiscal year, the total number of immi2 grant visas that are made available to natives of the coun3 try of the alien’s birth under section 203(a) of the Immi4 gration and Nationality Act or, if applicable, the total 

5 number of immigrant visas that are made available to na6 tives of the country of the alien’s birth under section 

7 202(e) of such Act. 

8 (e) DENIAL OF PREFERENTIAL IMMIGRATION

9 TREATMENT FOR CERTAIN RELATIVES.—The natural 

10 parents, brothers, and sisters of Esther Karinge shall not, 

11 by virtue of such relationship, be accorded any right, privi12 lege, or status under the Immigration and Nationality Act. 

Passed the House of Representatives December 4, 

2012. 

Attest: 

Clerk. 
112TH CONGRESS 

2D SESSION H. R. 316 

AN ACT 

For the relief of Esther Karinge.
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

 

****In connection with the Quarterly Report on Form 10-Q for the period ended September 30, 2003 of Closure Medical Corporation (the “Company”) as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Daniel A. Pelak, President and Chief Executive 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 Report fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. (s) 78m(a) or (s) 78o(d)); and 

 

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

 

DANIEL A. PELAK

Daniel A. Pelak

President and Chief Executive Officer 

November 14, 2003
#### In the Matter of Steven Banks, Also Known as James Page, Appellant, v James Recore, as Director of New York State Department of Correctional Services Temporary Release Program, Respondent.

[666 NYS2d 53]

—Appeal from a judgment of the Supreme Court (Torraca, J.), entered March 7, 1997 in Albany County, which dismissed petitioner’s application, in a *907proceeding pursuant to CPLR article 78, for, *inter alia,*failure to exhaust administrative remedies.

On March 4, 1996, petitioner, an inmate at Ulster Correctional Facility in Ulster County, applied for but was denied participation in the temporary release/work release program because of his low point score. In this CPLR article 78 proceeding, petitioner contends that he was denied participation in the program because his prison records indicate that he absconded from a correctional facility while on a work release program in November 1993. Petitioner argues that because he was never prosecuted for or found guilty of absconding from that facility, any reference to the incident in his prison records violates due process and requires that the reference be expunged. We agree with Supreme Court that inasmuch as petitioner failed to exhaust his administrative remedies to address his complaint, dismissal of the petition is warranted *(see, Matter of Roberts v Coughlin,*165 AD2d 964; *see also,*Correction Law §§ 112, 139; 7 NYCRR part 701). In any event, the petition is meritless since the record discloses that petitioner did not receive a disciplinary report for the charge of absconding and, therefore, is eligible for temporary release consideration.

White, J. P., Yesawich Jr., Peters, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS AND BALANCE SHEETS OF
INDUSTRI-MATEMATIK INTERNATIONAL CORP. AND SUBSIDIARIES ANNEXED HERETO AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001016243
<NAME> INDUSTRI-MATEMATIK INTERNATIONAL CORP.

<S>                             <C>              <C>
<PERIOD-TYPE>                   3-MOS            9-MOS
<FISCAL-YEAR-END>               APR-30-2000      APR-30-2000
<PERIOD-START>                  NOV-01-1999      MAY-01-1999
<PERIOD-END>                    JAN-31-2000      JAN-31-2000
<CASH>                           16,268,000       16,268,000
<SECURITIES>                     24,765,000       24,765,000
<RECEIVABLES>                    13,945,000       13,945,000
<ALLOWANCES>                      2,503,000        2,503,000
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<CURRENT-ASSETS>                 58,143,000       58,143,000
<PP&E>                           18,122,000       18,122,000
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<TOTAL-LIABILITY-AND-EQUITY>     90,945,000       90,945,000
<SALES>                          18,879,000       53,843,000
<TOTAL-REVENUES>                 18,879,000       53,843,000
<CGS>                            13,158,000       38,723,000
<TOTAL-COSTS>                    13,158,000       38,723,000
<OTHER-EXPENSES>                 12,288,000       36,944,000
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<INTEREST-EXPENSE>                   14,000           55,000
<INCOME-PRETAX>                  (5,893,000)     (20,090,000)
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<NET-INCOME>                     (5,893,000)     (20,090,000)
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