alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           4,645
<SECURITIES>                                         0
<RECEIVABLES>                                   13,062
<ALLOWANCES>                                    10,284
<INVENTORY>                                          0
<CURRENT-ASSETS>                                47,021
<PP&E>                                          29,908
<DEPRECIATION>                                  20,602
<TOTAL-ASSETS>                                  93,653
<CURRENT-LIABILITIES>                           40,114
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           157
<OTHER-SE>                                     (1,641)
<TOTAL-LIABILITY-AND-EQUITY>                    93,653
<SALES>                                              0
<TOTAL-REVENUES>                                17,673
<CGS>                                                0
<TOTAL-COSTS>                                   11,930
<OTHER-EXPENSES>                                 6,081
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 701
<INCOME-PRETAX>                                (2,218)
<INCOME-TAX>                                     (326)
<INCOME-CONTINUING>                            (1,892)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,892)
<EPS-PRIMARY>                                   (0.12)
<EPS-DILUTED>                                   (0.12)
        

</TABLE>
**Exhibit 10.23A**

**AMENDMENT TWO**

**ALABAMA NATIONAL BANCORPORATION**

**PERFORMANCE SHARE PLAN**

**FOR CERTAINDIRECTORS OF**

**CITIZENS’ AND PEOPLE’S BANK, N.A.**

This Amendment Two to the Alabama National BanCorporation Performance Share Plan for Certain Directors of Citizens’ and People’s Bank, N.A. ishereby made as of this 30th day of December, 2005, by Alabama National BanCorporation. 

**WITNESSETH:**

**WHEREAS**,Alabama National BanCorporation (the “Employer”) has previously adopted and approved the Alabama National BanCorporation Performance Share Plan for Certain Directors of Citizens’ and People’s Bank, N.A. (the “Plan”);

**WHEREAS**, pursuant to duly adopted resolutions, the Board of Director of the Employer has elected to adopt an amendment (the“Amendment”) to the Plan in order to ensure that amounts deferred under the Plan and allocated as a share allotment are not required to be classified as a liability of the Employer pursuant to Financial Accounting Standards Board Statement123 (revised 2004), *Share-Based Payment* (“FAS 123(R)”); and 

**WHEREAS**, the Employer now desires to amend the Plan inaccordance Section 20 and in accordance with the foregoing. 

**NOW, THEREFORE,**the Plan is hereby amended as follows: 

1. Capitalized terms used in this Amendment and not otherwise defined herein have the respective meanings assigned to such terms in the Plan.

2. Effective January 1, 2006, Section 11(b) of the Plan is amended by deleting the existing language therein in its entirety andinserting in lieu thereof the following: 

“(b) Distribution shall be in accordance with Section 10 above, except that distributionof stock equivalents in the Account shall be made, as determined by the Company, in either (i) shares of Common Stock in accordance with the provisions of Section 9(b)(iii), or (ii) in cash in an amount equal to the number of stockequivalents to be distributed multiplied by the greater of (i) the Average Closing Price of the Common Stock for the twenty (20) trading days ending on the day preceding the date on which the right to such distribution arose; (ii) theAverage Closing Price of the Common Stock for the twenty (20) trading days ending on the day preceding the date of the Change in Control; or (iii) the highest price per share of Common Stock in the transaction or series of transactionsconstituting the Change in Control.” 

3. All other terms, conditions, and provisions of the Plan not herein modified shall remain infull force and effect. 

**IN WITNESS WHEREOF**, the Employer has caused this Amendment Two to the Alabama NationalBanCorporation Performance Share Plan for Certain Directors of Citizens’ and People’s Bank, N.A. to be executed by its duly authorized officer as of the date first written above. 

 
**ALABAMA NATIONAL BANCORPORATION**(Employer)By: 
/s/ John H. Holcomb III

Its:   
 
Chairman of the Board

 

- 2 -
#### UNITED STATES of America, Plaintiff-Appellee, v. Gloria ZACK, Defendant-Appellant.

No. 09-50660.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 15, 2011.

Terri Kay Flynn, Assistant U.S. Attorney, Office of the U.S. Attorney, Santa Ana, CA, Michael J. Raphael, Esquire, Assistant U.S. Attorney, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Richard Dale Rome, Law Offices of Richard D. Rome, Van Nuys, CA, for Defendant-Appellant.

Gloria Zack, pro se.

Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Gloria Zack appeals from the restitution order imposed following her guilty plea conviction for wire fraud, in violation of 18 *729U.S.C. §§ 1343 and 1346. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Zack contends that her restitution order violated the Eighth Amendment prohibition against excessive fines because it was grossly disproportionate to the crime committed. This argument lacks merit. *See United States v. Dubose,*146 F.3d 1141, 1145 (9th Cir.1998) (“Where the amount of restitution is geared directly to the amount of the victim’s loss caused by the defendant’s illegal activity, proportionality is already built into the order.”)

Zack also contends that the government failed to provide facts to substantiate the amount of restitution ordered. The record reflects that the district utilized reliable evidence to resolve the dispute as to the proper amount of restitution by a preponderance of the evidence. *See*18 U.S.C. § 3664(e); *see also United States v. Waknine,*543 F.3d 546, 557 (9th Cir.2008).

Zack’s request for a remand for further hearing on the issue of restitution is denied. *See United States v. Rice,*38 F.3d 1536, 1546 (9th Cir.1994).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONDENSED
CONSOLIDATED BALANCE SHEETS AS OF APRIL 27, 1997 AND APRIL 28, 1996 AND
CONDENSED CONSOLIDATED STATEMENT OF OPERATIONS AS OF APRIL 27, 1997 AND APRIL
28, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK>          0000926295
<NAME>         BOSTON RESTAURANT ASSOCIATES, INC.
<MULTIPLIER>   1
<CURRENCY>     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          APR-27-1997
<PERIOD-START>                             APR-29-1996
<PERIOD-END>                               APR-27-1997
<EXCHANGE-RATE>                                   1.00
<CASH>                                         726,054
<SECURITIES>                                         0
<RECEIVABLES>                                   69,729
<ALLOWANCES>                                         0
<INVENTORY>                                    209,295
<CURRENT-ASSETS>                             1,032,610
<PP&E>                                       2,656,328<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               4,633,118
<CURRENT-LIABILITIES>                        1,245,682
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,157
<OTHER-SE>                                   9,043,199
<TOTAL-LIABILITY-AND-EQUITY>                 4,633,118
<SALES>                                     11,410,886
<TOTAL-REVENUES>                            11,415,263
<CGS>                                        2,532,050
<TOTAL-COSTS>                               11,251,059
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             156,924
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    12,263
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
<FN>
<F1>PLEASE NOTE: PP&E DOES NOT INCLUDE ACCUMULATED DEPRECIATION.
</FN>
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
UNAUDITED   CONDENSED   CONSOLIDATED   FINANCIAL   STATEMENTS  INCLUDED  IN  THE
REGISTRANT'S  FORM  10-QSB  FOR THE  PERIOD  ENDED  SEPTEMBER  30,  1997  AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FORM 10-QSB.


</LEGEND>
<CIK>                         0001016439
<NAME>                        Intelligroup, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-START>                                 Jan-01-1997
<PERIOD-END>                                   Sep-30-1997
<EXCHANGE-RATE>                                1
<CASH>                                         11,176
<SECURITIES>                                   0
<RECEIVABLES>                                  22,213
<ALLOWANCES>                                   886
<INVENTORY>                                    0
<CURRENT-ASSETS>                               34,311
<PP&E>                                         3,592
<DEPRECIATION>                                 530
<TOTAL-ASSETS>                                 37,666
<CURRENT-LIABILITIES>                          6,245
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       120
<OTHER-SE>                                     31,250
<TOTAL-LIABILITY-AND-EQUITY>                   37,666
<SALES>                                        56,797
<TOTAL-REVENUES>                               56,797
<CGS>                                          38,631
<TOTAL-COSTS>                                  38,631
<OTHER-EXPENSES>                               12,670
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             (266)
<INCOME-PRETAX>                                5,762
<INCOME-TAX>                                   2,175
<INCOME-CONTINUING>                            3,587
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   3,587
<EPS-PRIMARY>                                  0.32 <F1>
<EPS-DILUTED>                                  0.31 <F2>
<FN>
<F1>      This amount represents Basic Earnings per Share in accordance with the
          requirements of Statement of Financial  Accounting Standards No. 128 -
          "Earnings per Share".

<F2>      This amount  represents  Diluted Earnings per Share in accordance with
          the  requirements of Statement of Financial  Accounting  Standards No.
          128 - "Earnings per Share".
</FN>
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

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.

 _________________________________________

 Clerk

October 22, 2012

s1015

Order 

October 22, 2012

145303

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 145303

COA: 306919

Wayne CC: 08-011715-FC

KEITH ADIR CARTER, JR.,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 21, 2012 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
#### The People of the State of New York, Respondent, v Edwin Tosca, Appellant.

[665 NYS2d 873]

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered on or about February 9, 1995, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.
#### The People of the State of New York, Appellant, v William Reid, Respondent.

[666 NYS2d 125]

—Order, Supreme Court, Bronx County (John Stackhouse, J.), entered on or about May 9, 1996, which dismissed the indictment pursuant to CPL 30.30, unanimously affirmed.

Under the particular circumstances present, the hearing court properly charged the prosecution with four periods of delay, totalling 20 days, occurring while defendant’s speedy trial motion was pending. While time periods during which such motions are “under consideration by the court” are normally excludable in that these time periods directly result from action taken by the defendant (CPL 30.30 [4] [a]; *People v Shannon,*143 AD2d 572, *lv denied*73 NY2d 860), we find that the People’s abject dilatoriness in responding to the motion, preparing for the hearing thereon, and producing defendant as needed for the hearing, which delayed resolution of the motion for many months, justified charging the People for certain post-motion delays *(see, People v Commack,*194 AD2d 619).

We likewise reject the People’s challenge to the 15-day period from July 19 to August 3, 1995. Inasmuch as the People failed to produce defendant, to announce readiness or to request an adjournment to a specific date at a scheduled court date on July 17, their production of defendant and announcement of readiness two days later was “too late to alter the adjournment already granted, or responsibility for the delay necessitated thereby.” *(People v Reid,*214 AD2d 396, 397.) The People have not shown that their steps to “advance” the case to July 19 succeeded in undoing the effect of the previously granted adjournment to August 3.

Finally, we agree with the hearing court that the 25-day period from September 7 to October 2, 1995 was attributable to the prosecution because defendant was not produced at a September 7th court date. Since the prosecutor offered no explanation as to why defendant had not been produced and, indeed, expressed hope that defendant would eventually be produced later that day, we find the ultimate explanation that defendant had a conflicting court appearance in Westchester County to be a fortuitous coincidence not excusing the nonappearance in this case *(see, People v Billups,*105 AD2d 795). The People’s failure to ascertain that defendant was unavail*45able only for a single day resulted in an unnecessary 25-day adjournment.

The above-mentioned chargeable periods, when added to the periods found chargeable by this Court in our prior decision in this case (214 AD2d 396, *supra),*exceed the statutory six-month limit. Therefore, the motion to dismiss was properly granted. Concur—Murphy, P. J., Rosenberger, Wallach, Nardelli and Mazzarelli, JJ.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED FE BRUARY 5, 2014

NO. 03

- 12

- 00792

- CR

Leeroy Suarez, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 207TH DISTRICT COURT OF COMAL COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTIC ES PEMBERTON AND FIE LD

AFFIRMED

-- OPINION BY JUSTICE PEMBERTON

This is an appeal from the judgment of conviction entered by the tr i a l court on November 1,

2012 . Having reviewed the record and the parties’ arguments, the Court holds that there was no

reversible error in the trial court’s judgment of conviction . Therefore, the Court affirms the trial

cou rt’s judgment of conviction

. Because appellant is indigent and unable to pay costs, no

adjudication of costs is made.
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 Amended Annual Report of Sanguine Corporation (the
"Registrant") on Form 10-KSB/A-1 for the year ended December 31, 2006, as
filed with the Commission on the date hereof (the "Report"), we, Thomas C.
Drees, President and Chief Executive Officer and David Nelson, Chief Financial
Officer 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 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
Registrant.

Dated: 3/29/2007                           /s/Thomas C. Drees
      ----------                           -------------------------------
                                           Thomas C. Drees, Ph.D.
                                           President, Chief Executive Officer
                                           and Director

Dated: 3/29/2007                           /s/David E. Nelson
      ----------                           -------------------------------
                                           David E. Nelson
                                           Chief Financial Officer,
                                           Secretary/Treasurer and
                                           Director
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 Quarterly  Report of Altair  Nanotechnologies  Inc. (the
"Company")  on Form 10-Q for the  quarterly  period ended June 30, 2004 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Edward Dickinson,  Chief Financial Officer of the Company,  certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations of the Company.


/s/ Edward Dickinson
-------------------------------
Edward H. Dickinson
Chief Financial Officer
August 13, 2004
LIST OF SUBSIDIARIES


Allenbeth Associates Limited Partnership
Branchwood Apartments Limited Partnership
Branchwood, Inc.
Bryans QRS, Inc.
Capitol Place I Investment Limited Partnership
City Line Shopping Center Associates
Cloppers Mill Village Center L.L.C.
Enterprise Associates
First Capital Realty, Inc.
First Washington Management, Inc.
First Washington Realty Limited Partnership
FWR Trust
FW-Bryans Road Limited Partnership
FW-Newark L.L.C.
Greenspring Associates Limited Partnership
JFD, Inc.
JFD Limited Partnership
L&M Development Company Limited Partnership
Northway Limited Partnership
Parkville Shopping Center L.L.C.
Southside Marketplace Limited Partnership
Southside Nominee, Inc.
SP Associates Limited Partnership
Valley Centre, Inc.
Woodholme Properties Limited Partnership
Boston Restaurant Associates, Inc.

                                                Calculation of Net Income (Loss)
                                                       Per Share of Common Stock
                                                                      Exhibit 11
--------------------------------------------------------------------------------
The following table presents information used in calculating net income (loss)
per share of Common Stock:

                                                  April 27           April 28
Year ended                                         1997                1996
--------------------------------------------------------------------------------
Weighted average number of shares
of common stock outstanding                      5 015 306            5 015 293
--------------------------------------------------------------------------------
Shares used in computing net income (loss)
per share of common stock                        5 015 306            5 015 293
--------------------------------------------------------------------------------
Net income (loss)                                  $12 263          $(3 107 900)
--------------------------------------------------------------------------------
Net income (loss) per share of common stock        $     -          $      (.62)
================================================================================
**Exhibit
      23.1**








[Rotenberg
      & Co., LLP Letterhead]








**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the use of our report dated August 9, 2006 included herein with
      respect to the balance sheet of Renhuang Pharmaceuticals, Inc. (fka Anza
      Capital, Inc.) as of April 30, 2006, and the related statements of income,
      stockholders' equity, and cash flows for the year ended April 30, 2006
      appearing in the April 30, 2006 First Amended Annual Report on Form 10-K/A
      for
      Renhuang Pharmaceuticals, Inc.








/s/
      Rotenberg & Co., LLP





Rotenberg
      & Co., LLP





Rochester,
      New York


February
      22, 2007