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

[666 NYS2d 141]

—Judgment, Supreme Court, New York County (Richard Carruthers, J., at suppression hearing; Frederic Berman, J., at jury trial and sentence), rendered April 10, 1995, convicting defendant of burglary in the first and second degrees, attempted coercion in the first degree, and two counts of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, on the burglary convictions to terms of 13 years to life and 10 years to life, respectively, and sentencing him, as a second felony offender, to terms of 2 to 4 years on the attempted coercion conviction and 3V2 to 7 years on each of weapon possession conviction, all to run concurrently, unanimously affirmed.

Portions of the codefendant’s plea allocution were properly admitted as declarations against penal interest *(see, People v Thomas,*68 NY2d 194, 197, *cert denied*480 US 948). The challenged portions of the allocution, in which the codefendant referred to the participation of another person, were not superfluous to the guilty plea. On the contrary, they were against the codefendant’s penal interest because, under the circumstances of the allocution, the conduct of the other person was necessary to establish the elements of the crime to which the codefendant pleaded guilty *{see,*Penal Law §§ 110.00, 140.30 [3]).

*112The court’s *Sandoval*ruling carefully balanced the relevant factors and was a proper exercise of discretion in view of the probative value of defendant’s theft-related convictions *(see, People v Flocker,*223 AD2d 451, *lv denied 88*NY2d 847).

We have reviewed defendant’s remaining contentions, including those contained in his *pro se*supplemental brief, and find them to be without merit. Concur—Ellerin, J. P., Wallach, Williams, Andrias and Colabella, JJ. *[See,*164 Misc 2d 749.]
#### UNITED STATES of America, Plaintiff-Appellee, v. Jane DOE, Defendant-Appellant.

No. 10-10108.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 16, 2011.

Susan Cushman, Assistant U.S., USH-Office of the U.S. Attorney, Honolulu, HI, for Plaintiff-Appellee.

Matthew Caulfield Winter, Assistant Federal Public Defender, FPDHI-Federal Public Defender’s Office, Honolulu, HI, for Defendant-Appellant.

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 **

Jane Doe appeals from the 100-month sentence imposed following her guilty-plea conviction of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Doe contends that the district court erred in denying her a two-level minor role reduction. We need not reach this ques*765tion, as Doe’s sentence of 100 months was below the statutory minimum of ten years, *see*21 U.S.C. § 841(b)(1)(A)(viii), and the court lacked the authority to depart further from the statutory minimum on the basis of Doe’s role in the offense, *see United States v. Jackson,*577 F.3d 1032, 1036 (9th Cir.2009).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
#### Miguel HERNANDEZ, as Guardian of David P. Hernandez, an incapacitated individual; Inez Baltazar Hernandez, as Guardian of Armando Hernandez, Jr., an incapacitated individual; Michelle Crayton; Alicia Mata; Deann Torres, as Guardian of Christoper Norris, an incapacitated individual, Plaintiffs-Appellees v. Adelaide HORN, Commissioner of the Department of Aging and Disability Services; Barry Waller, Assistant Commissioner Provider Services; Denise Geredine, State Schools; Iva Benson, Superintendent of the Corpus Christi State School, Defendants-Appellants.

No. 10-40384.

United States Court of Appeals, Fifth Circuit.

March 29, 2011.

David Wallace Holman, Esq.r The Holman Law Firm, P.C., Houston, TX, Robert C. Hilliard, Hilliard Munoz Guerra, L.L.P., Reynaldo Alejandro Pena, Esq., Law Offices of Reynaldo A. Pena, P.L.L.C., Kathryn Smyth Snapka, Esq., Trial Attorney, Snapka Law Firm, Corpus Christi, TX, for Plaintiffs-Appellees.

*371Arthur Cleveland D’Andrea, Office of the Attorney General, Office of the Solicitor General, Daniel Clark Perkins, Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants-Appellants.

Before SMITH, WIENER, and OWEN, Circuit Judges.

*ON PETITION FOR REHEARING*

PER CURIAM:

IT IS ORDERED that the appellants’ Motion for Panel Rehearing regarding their contention that inadequate staffing is not actionable under *Youngberg v. Romeo,*
      *1*
      **is GRANTED.

IT IS FURTHER ORDERED that panel rehearing is DENIED as to all other issues on which appellants request reconsideration because, as we held in our original panel opinion, those issues have been waived.

We have reviewed the one issue on which we grant rehearing, and now hold that it does not affect our original holding. Appellants’ brief makes the narrow claim that “inadequate staffing” is an action which is properly brought against the State rather than against appellants. Even assuming this is true, it is no basis on which we should reverse the district court’s denial of appellants’ Motion to Dismiss/Summary Judgment. Appellees asserted, and the district court based its denial of that motion on, numerous alleged departures from professional standards, many of which do not involve staffing shortages. We do not decide how appellants may proceed on remand or whether they may make any broader “budgetary constraints” arguments than the narrow one made on appeal concerning the issue of inadequate staffing.

After reviewing the only issue on which we grant panel rehearing, we confirm our original affirmation of the district court’s denial of appellants’ Motion to Dismiss/Summary Judgment.

. 457 U.S. 307, 315-16, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982).
Exhibit 4.8


 




	
  

  	
  ORGANIZED UNDER
  THE LAWS OF THE STATE OF FLORIDA CVSL INC NUMBER SPECIMEN SHARES SPECIMEN
  CUSIP NO. 12665T206 250,000,000 AUTHORIZED SHARES $0.0001 PAR VALUE
  NON-ASSESSABLE THIS CERTIFIES THAT SPECIMEN IS THE RECORD HOLDER OF Shares of
  CVSL Inc. Common Stock transferable on the books of the Corporation in person
  or by dule authorized attorney upon surrender of this Certificate properly
  endorsed. This Certificate is not valid until countersigned by the Transfer
  Agent and registered by the Registrar. WITNESS the facsimile seal of the
  Corporation and the facsimile signatures of its duly authorized officers
  Dated: SECRETARY PRESIDENT / CEO COUNTERSIGNED AND REGISTERED FIDELITY
  TRANSFER COMPANY (SALT LAKE CITY, UTAH) BY TRANSFER AGENT AND REGISTRAR -
  AUTHORIZED SIGNATURE

  






 


 












 




	
  

  	
  The following
  abbreviations, when used in the inscription on the face of this certificate,
  shall be construed as though they were written out in full according to
  applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as
  tenants by the entireties JT TEN - as joint tenants with right of
  survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian
  (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional
  abbreviations may also be used though not in the above list. For Value
  Received, hereby sell, assign and transfer unto  PLEASE INSERT SOCIAL SECURITY OR OTHER
  IDENTIFYING NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS,
  INCLUDING ZIP CODE, OF ASSIGNEE) Shares of the capital stock represented by
  the within certificate, and do hereby irrevocably constitute and appoint
  Attorney to transfer the said stock on the books of the within named
  Corporation with full power of substitution in the premises. Dated NOTICE:
  SIGNATURE MUST CORRESPOND TO THE NAME AS WRITTEN UPON THE FACE OF THIS
  CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY
  CHANGE WHATSOEVER, AND MUST BE GUARANTEED BY A BANK BROKER OR ANY OTHER
  ELIGIBLE GUARANTOR INSTITUTION THAT IS AUTHORIZED TO DO SO UNDER THE
  SECURITIES TRANSFER AGENTS MEDALLION PROGRAM (STAMP) UNDER RULES PROMULGATED
  BY THE U.S SECURITIES AND EXCHANGE COMMISSION.
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
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<INT-BEARING-DEPOSITS>                       5,171,966
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<TRADING-ASSETS>                            25,216,189
<INVESTMENTS-HELD-FOR-SALE>                600,329,264
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<INTEREST-INVEST>                            8,035,385
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<INTEREST-TOTAL>                            35,385,355
<INTEREST-DEPOSIT>                          11,460,159
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<LOAN-LOSSES>                                1,300,000
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<EXPENSE-OTHER>                             14,837,619
<INCOME-PRETAX>                             14,840,206
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<EPS-PRIMARY>                                     0.36
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<ALLOWANCE-DOMESTIC>                         8,493,117
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

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


<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CONDENSED
FINANCIAL STATEMENTS FOR THE PERIOD ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
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<S>                             <C>
<PERIOD-TYPE>                   Year
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<SECURITIES>                                   173,600
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<OTHER-EXPENSES>                               (3,603,117)
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_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

June 13, 2007 Clifford W. Taylor, Chief Justice 133527 & (13) Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan In re: Robert P. Young, Jr. Stephen J. Markman, The Honorable JEANE TTE O’BANNER-OWENS, 36 th District Court Justices

SC: 133527 JTC: Formal Complaint No. 80

________________ _______________ __________/

By order of May 16, 2007, the Judici al Tenure Commission was directed to provide the respondent with copies of the ei ght-page letter or lette rs that the Commission sent to the physicians who examined the re spondent pursuant to MCR 9.207(D), and the respondent was directed to provide an updated report from Dr. Aronson and any additional reports and suppleme ntal briefing that the respond ent deemed necessary. On order of the Court, the upda ted report and the respondent’s supplemental brief having been received, the petition for interim suspension is again co nsidered, and it is DENIED.

p0613 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.

June 13, 2007

Clerk
Exhibit 32.0



ANTARES PHARMA, INC.



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL

OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)



Each of the undersigned, Roger G. Harrison and Lawrence M. Christian, the
Chief Executive Officer and the Chief Financial Officer, respectively, of Antares Pharma, Inc. (the Company), individually and not jointly has executed this Certification in connection with the filing with the Securities and Exchange
Commission of the Companys Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2004 (the Report).



Each of the undersigned hereby certifies 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, each of the undersigned has executed this Certification
as of the 14thday of May, 2004.



/s/ Roger G. HarrisonRoger G. HarrisonChief Executive Officer/s/ Lawrence M. ChristianLawrence M. ChristianChief Financial Officer
<PAGE>




                                                                    EXHIBIT 32.2


                              L Q CORPORATION, INC.
                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 L Q Corporation, Inc. (the "Company")
on Form 10-Q for the period ended June 30, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Melvyn Brunt,
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 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.





Dated: August 13, 2005


                                  ------------------------------------
                                  Melvyn Brunt
                                  Chief Financial Officer
Exhibit 32.1



Certification of Chief Executive Officer Pursuant to

18 U.S.C. Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002



I, Vincent C. Smith, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Quest Software, Inc. on Form 10-Q for the three months ended March 31, 2004, fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.



|                   |  |        |  |                        
|------------------ |  | ------ |  | -----------------------
|Date: May 10, 2004 |  | By:    |  | /s/    VINCENT C. SMITH
|                   |  | Name:  |  | Vincent C. Smith       
|                   |  | Title: |  | Chief Executive Officer
##### 



Exhibit 32.1 Certification of CEO 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 AIMCO Properties, L.P. (the Company) on Form 10-K for the
period ending December 31, 2004 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Terry Considine, as Chief Executive Officer of the Company hereby
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge, 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 Company. /s/ Terry ConsidineTerry ConsidineChairman and Chief Executive Officer(equivalent of the chief executive officer of AIMCO Properties, L.P.)March 14, 2005
<PAGE>

                                                                   Exhibit 10.50

        FREE TRANSLATION OF THE LOAN AGREEMENT ISSUED THE 16th MARCH 2007
          BETWEEN ANGLO IRISH BANK (SUISSE) SA AND MYMETICS CORPORATION

                                 LOAN AGREEMENT

between

ANGLO IRISH BANK (SUISSE) S.A., a Swiss banking institution whose registered
office is at 7 rue des Alpes, Geneva, represented by Simon COLE and Philippe
MOSER, hereinafter the (Lender) of the one part, and MYMETICS CORPORATION, whose
registered office is at 14 rue de la Colombiere, 1260 Nyon, Switzerland,
hereinafter the (Company) of the other, (hereinafter referred to collectively as
the (Parties).

Article 1 Loan

The Lender hereby grants to the Company, on the terms set out herein, a loan of
five hundred thousand euros ((euro) 500,000.--) (hereinafter the (Funds).

Article 2 Purpose of the loan

To finance repayment of a loan granted by MFC Merchant Bank SA.

Article 3 Advance of funds

     The Funds shall be made available to the Company from 16 March 2007.

Article 4 Interest

4.1 The borrowed funds shall bear interest at five percent (5%) per annum from
the date on which they are effectively made available.

4.2 Interest owing shall be payable at maturity of the loan (Article 4 below)

4.3 Should the rate of interest specified not be in accordance with the Circular
issued by the Swiss Federal Tax Authority relative to maximum rates of interest
applicable to shareholder loans, it shall be modified accordingly.

Article 5 Term of the loan

<PAGE>

5.1 The loan is granted for a term of twelve months from the date on which the
funds are effectively made available

5.2 The Company shall be entitled to make early repayment of the loan.


Article 6 Applicable law and jurisdiction

6.1 This agreement shall be subject to Swiss law.

6.2 Any dispute arising between the Parties in relation to the conclusion,
interpretation or performance of this agreement shall be submitted to the
exclusive jurisdiction of the canton of Geneva, subject to appeal remedies to
the [Swiss] Federal Court.

Executed in Geneva in two original counterparts on 16 March 2007.

ANGLO IRISH BANK (SUISSE) SA

Simon COLE                              Philippe MOSER


/s/ Simon COLE                          /s/ Philippe MOSER
-------------------------------------   ----------------------------------------


MYMETICS CORPORATION

Ernst Luebke                            Christian Rochet
Chief Financial Officer                 President and CEO


/s/ Ernst Luebke                        /s/ Christian Rochet
-------------------------------------   ----------------------------------------
Exhibit 32.1


CERTIFICATION OF PRINCIPAL ACCOUNTING AND
 FINANCIAL OFFICER PURSUANT TO RULE 13A-14(A) OR RULE 15D-14(A)
 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED
 
 
 In connection with the Quarterly Report of Janus Resources, Inc. (the “Company”) on the Form 10-Q for the period ending March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Antonino Cacace, President, Chief Executive Officer, Chief Financial Officer and Director 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:
 
 (i)        the Report filed by the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (ii)       The information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of the Company on the dates and for the periods presented therein.
 
 JANUS RESOURCES, INC.Date: May 16, 2011

By:
/s/ Antonino CacaceAntonino Cacace

President, Chief Executive Officer, Chief Financial Officer and Director
 
 This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended. A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version 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.