alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
-1- 

STATE OF MICHIGAN 

COURT OF APPEALS 

PEOPLE OF THE STATE OF MICHIGAN, 

 Plaintiff-Appellee, 

UNPUBLISHED 

November 18, 2014 

v No. 316911 

Calhoun Circuit Court 

HECTOR GEMBE, a/k/a ARTURO MARTINEZ, LC No. 2012-003305-FC 

 Defendant-Appellant. 

Before: METER, P.J., and WHITBECK and RIORDAN, JJ. 

WHITBECK, J. (concurring in part and dissenting in part). 

 I concur in the majority’s conclusions regarding the testimony of the complainant’s 

beliefs about murder, the effectiveness of Gembe’s counsel, Gembe’s prosecutorial misconduct 

issues, and the trial court’s assessment of 15 points under offense variable 8. However, I dissent 

from the majority’s conclusion regarding the trial court’s departure from the sentencing 

guidelines. I would vacate Gembe’s sentence and remand for the trial court to articulate a 

justification for the proportionality of its departure. 

 A trial court’s departure from the sentencing range that the statutory guidelines 

recommend must be proportionate to the defendant’s conduct and criminal history.1 “[T]he 

statutory guidelines require more than an articulation of reasons for a departure; they require 

justification for the particular departure made.”2

 The trial court must justify the particular 

departure it makes by explaining “why the sentence imposed is more proportionate than a 

sentence within the guidelines recommendation would have been.”3

 

 Here, the trial court found extensive substantial and compelling reasons to justify 

departing from the sentencing guidelines. However, the trial court did not articulate the reason 

why its departure from the sentencing guidelines recommendation by approximately 5 1/2 years 

 

1 People v Smith, 482 Mich 292, 303; 754 NW2d 284 (2008). 

2 Id. 

3 Id. at 304. 
-2- 

was more proportional to Gembe’s offense than the recommended sentence. The statutory 

guidelines required the trial court to justify the proportionality of its particular departure, but it 

failed to do so. 

 Accordingly, I would vacate Gembe’s sentence and remand for resentencing. In all other 

respects, I concur in the majority’s opinion. 

/s/ William C. Whitbeck
<PAGE>
                                                                    EXHIBIT 13.1

      The certification set forth below is being submitted in connection with
the Annual Report on Form 20-F for the year ended December 31, 2003 (the
"Report") for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of
the Securities Exchange Act of 1934 (the "Exchange Act") and Section 1350 of
Chapter 63 of Title 18 of the United States Code.

      Hector Lopez Vilaseco, the Chief Executive Officer and Alejandro Gonzalez
Dale, the Chief Financial Officer of Endesa-Chile, each certifies that, to the
best of our knowledge:

      1.    the Report fully complies with the requirements of Section 13(a) or
            15(d) of the Exchange Act; and

      2.    the information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of Endesa-Chile.


      Date: June 30, 2004

                                    /s/ Hector Lopez Vilaseco
                                   -------------------------------
                                   Name: Hector Lopez Vilaseco
                                   Chief Executive Officer

                                   /s/ Alejandro Gonzalez Dale
                                   --------------------------------
                                   Name: Alejandro Gonzalez Dale
                                   Chief Financial Officer
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

Spanish Broadcasting System, Inc.: 

We consent to the incorporation by reference in the registration statement (No. 333-144286) on Form S-8 of Spanish BroadcastingSystem, Inc. (the Company) of our reports dated April 1, 2013, with respect to the consolidated balance sheets of Spanish Broadcasting System, Inc. and subsidiaries as of December 31, 2012 and 2011, and the related consolidatedstatements of operations and comprehensive (loss) income, stockholders’ deficit and cash flows, for the years then ended, and the related financial statement schedule, which reports appear in the December 31, 2012, annual report onForm 10-K of the Company. 

/s/ KPMG LLP 

Miami, Florida 

April 1, 2013 

Certified Public Accountants
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-14-00618- CR

John An ders, Appellant

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F TO M GREEN CO UNTY, 51ST JUDICI AL DISTRICT NO. A-9 9-0 301- S, TH E H ONO RAB LE MARTI N (B ROCK ) J ONES , JUDGE P RESIDING

O R D E R A N D ME M O R A N D UM O P I N I O N
P ER CURIAM

After three motions for an extension of time to file appellant’ s brief wer e g rante d by this Court, appellant’ s brief was due Marc h 5, 2015. The brief has not been rec eived and appellant’ s court-a ppointed attorney , J ohn E. Sutton, did not respond to this Court’s notice t h at t h e brief is overdue. The appea l is abate d and rema nded to the trial court. The trial court shall conduct a hear ing to deter

mine whether appellant desires to pr osecute this a ppeal and, if so, whether counsel has abandone d this appeal. SeeTex. R. App. P . 38.8(b)( 2), (3) . The c ourt shall make a ppropriate written finding s and rec ommendations. See Tex. R. App. P. 38.8(b)( 2), (3). I f nece ssary , the court shall appoint substitut e counsel who will eff ectively repr esent appellant in these appea ls. Following the hear ing, which shall be transcr ibed, the trial court shall order the appropr iat e s up p l ementalcler

k’s and repor

ter’s rec ords—including all finding s and order s—to be prepa red and forwa

rded to this Court no l ater

than April 29, 2015. SeeTex. R. App. P . 38.8(b)( 3). I t is so ordered on this the 30th day of Mar ch, 2015.

Be fore Chief J ustice Rose, Jus tices Goodwin a nd Field Abated a nd Remanded Filed: Mar ch 30, 2015 Do Not Publish

2
[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48225-48226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22463]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-2558-000]


NTE Ohio, LLC; Supplemental Notice That Initial Market-Based Rate 
Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding 
NTE Ohio, LLC's application for market-based rate authority, with an 
accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street NE., Washington, 
DC 20426, in accordance with Rules 211 and 214 of the Commission's 
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone 
filing a motion to intervene or protest must serve a copy of that 
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is October 31, 2017.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.

[[Page 48226]]

    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for electronic review in the 
Commission's Public Reference Room in Washington, DC. There is an 
eSubscription link on the Web site that enables subscribers to receive 
email notification when a document is added to a subscribed docket(s). 
For assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#05434057464a6b696c6b60567075756a777145636077662b626a73"><span class="__cf_email__" data-cfemail="296f6c7b6a66474540474c7a5c5959465b5d694f4c5b4a074e465f">[email protected]</span></a> or call (866) 208-3676 (toll free). For TTY, 
call (202) 502-8659.

    Dated: October 11, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-22463 Filed 10-16-17; 8:45 am]
 BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
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

In connection with the Annual Report of Mattson Technology, Inc. (the Company) on Form 10-K
for the year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), David
Dutton, as Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §. 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) 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: March 5, 2010 | /s/ DAVID DUTTON
                      David DuttonPresident and Chief Executive Officer
|------------------- | ----------------------------------------------------------------------------------------

---
#### Poppell *vs.*Thigpen.

Where a material part of the evidence set out in the bill of exceptions, filed to the grant of a non-suit, is erased, without any note thereof or statement that it was made by the judge or by counsel . before signing; and where the only assignment of error in the bill of exceptions shows on its face, that it was written over something which had first been written and then, erased, without- any identification by the judge, there being one other interlineation which the judge certifies was made by him, the writ of error will be dismissed.

Writ of error dismissed.

December 3, 1884.
Exhibit 32.2

Certification of Chief Financial Officer Pursuant to

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

Section 906 of the Sarbanes-Oxley Act of 2002

I, Scott J. Davidson, 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 June 30, 2006, 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: December 7, 2007 |  |  |  | By: |  | /s/ Scott J. Davidson
|                       |  |  |  |     |  | Name:                 |  | Scott J. Davidson,     
|                       |  |  |  |     |  | Title:                |  | Senior Vice President, 
|                       |  |  |  |     |  |                       |  | Chief Financial Officer
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED April 11, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30408 Summary Calendar

BERTHA THOMAS, ET AL., Plaintiffs-Appellants,

versus UNITED STATES OF AMERICA, Veterans Administration and

Department of Secret Service, Defendant-Appellee.

-------------------- Appeal From the United States District Court For the Eastern District of Louisiana Civil Docket No. 04-cv-0114

-------------------- Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges
PER CURIAM: * The judgment of the district court is affirmed essentially for the reasons stated in its careful Order and Reasons of March, 31, 2005.
AFFIRMED.
[No. 30203-2-III.

Division Three.

October 30, 2012.]

#### *In the Matter of the Marriage of*Walter van Heemstede Obelt, *Appellant,*and Susan van Heemstede Obelt, *Respondent.*

Appeal from a judgment of the Superior Court for Spokane County, No. 09-3-02687-2, Annette S. Píese, J., entered August 1, 2011. *Affirmed*by unpublished opinion per

Sweeney, J.,

concurred in by Brown, J.; Siddoway, A.C.J., concurring separately.
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.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Home Owners' Loan Act (12 U.S.C. 1461*et seq.*) (HOLA), Regulation LL (12 CFR part 238), and Regulation MM (12 CFR part 239), and all other applicable statutes and regulations to become a savings and loan holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a savings association and nonbanking companies owned by the savings and loan holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the HOLA (12 U.S.C. 1467a(e)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 10(c)(4)(B) of the HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 7, 2017.

*A. Federal Reserve Bank of Cleveland*                     (Nadine Wallman, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101-2566. Comments can also be sent electronically to                     *Comments.applications@clev.frb.org:*

                    1.                     *First Mutual Holding Co.,*                     Lakewood, Ohio; to acquire First Mutual Bank, Belpre, Ohio.                

Board of Governors of the Federal Reserve System, October 4, 2017.

Ann Misback,

Secretary of the Board.

[FR Doc. 2017-21876 Filed 10-10-17; 8:45 am]

 BILLING CODE 6210-01-P
Revolving Promissory Note



 Exhibit 10.2 

REVOLVING PROMISSORY NOTE 
  

					
	$42,592,593.00	 	Dallas, Texas	 	December 19, 2014

 FOR VALUE RECEIVED, the undersigned (“Borrower”), hereby promises to pay to KEYBANK
NATIONAL ASSOCIATION, a national banking association, or registered assigns (“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the
Lender to Borrower under that certain Amended and Restated Credit Agreement, dated as of December 19, 2014 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement”; the
terms defined therein being used herein as therein defined), among Borrower, the lenders from time to time party thereto, and KeyBank National Association, as Administrative Agent. 

Borrower promises to pay interest on the unpaid principal amount of each Loan from the date of such Loan until such principal amount is paid
in full, at such interest rates and at such times as provided in the Agreement. All payments of principal and interest shall be made to Agent for the account of the Lender in Dollars in immediately available funds at the Administrative Agent’s
Office. If any amount is not paid in full when due hereunder, such unpaid amount shall bear interest, to be paid upon demand, from the due date thereof until the date of actual payment (and before as well as after judgment) computed at the per annum
rate set forth in the Agreement. 
 This Note is one of the Revolving Notes referred to in the Agreement, is entitled to the benefits
thereof and may be prepaid in whole or in part subject to the terms and conditions provided therein. Amounts borrowed hereunder and repaid may be reborrowed in accordance with the applicable provisions of the Agreement. This Note is unsecured. Upon
the occurrence and continuation of one or more of the Events of Default specified in the Agreement, all amounts then remaining unpaid on this Note shall become, or may be declared to be, immediately due and payable all as provided in the Agreement.
Loans made by the Lender shall be evidenced by one or more loan accounts or records maintained by the Lender in the ordinary course of business. The Lender may also attach schedules to this Note and endorse thereon the date, amount and maturity of
its Loans and payments with respect thereto. 
 Borrower, for itself, its successors and assigns, hereby waives diligence, presentment,
protest and demand and notice of protest, demand, dishonor and non-payment of this Note. 
 THIS NOTE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO. 







 
							
	BORROWER:
	
	CHP PARTNERS, LP, a Delaware limited partnership
		
	By:	 	CHP GP, LLC, a Delaware limited liability company, General Partner
			
		 	By:	 	CNL Healthcare Properties, Inc., a Maryland corporation, Managing Member
				
		 		 	By:	 	 /s/ Tracey B. Bracco

		 		 		 	Tracey B. Bracco, Vice President



  

			
	PROMISSORY NOTE	  	Page 2
I 

111TH CONGRESS 

1ST SESSION H. R. 3096 

To provide additional housing assistance for certain individuals and 

households adversely affected by a major disaster. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mr. HINCHEY introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To provide additional housing assistance for certain individuals and households adversely affected by a major disaster. 

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

3 SECTION 1. INCREASED HOUSING ASSISTANCE. 

4 The amendments made by section 686 of the Post5 Katrina Emergency Management Reform Act of 2006 

6 (120 Stat. 1448) shall apply to an individual or household 

7 adversely affected by a major disaster that occurred on 

8 or after January 1, 2006. 

Æ 


rfrederick on PROD1PC67 with BILLS
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          JUN-27-1998             JUL-03-1999
<PERIOD-START>                             JUN-29-1997             JUN-28-1998
<PERIOD-END>                               JUN-27-1998             JUL-03-1999
<CASH>                                          57,817                  79,660
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  339,022                 336,476
<ALLOWANCES>                                  (15,818)                (15,162)
<INVENTORY>                                    349,583                 429,193
<CURRENT-ASSETS>                               797,282                 895,131
<PP&E>                                         695,359                 712,938
<DEPRECIATION>                                 258,094                 258,905
<TOTAL-ASSETS>                               1,817,791               2,012,874
<CURRENT-LIABILITIES>                          509,466                 515,191
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           926                   1,012
<OTHER-SE>                                     583,794                 828,367
<TOTAL-LIABILITY-AND-EQUITY>                 1,817,791               2,012,874
<SALES>                                      5,506,949               6,198,408
<TOTAL-REVENUES>                             5,506,949               6,198,408
<CGS>                                        4,465,281               5,052,068
<TOTAL-COSTS>                                  980,769                 934,174
<OTHER-EXPENSES>                                91,716                  64,974
<LOSS-PROVISION>                                12,254                  10,709
<INTEREST-EXPENSE>                              73,894                  64,974
<INCOME-PRETAX>                               (30,817)                 147,192
<INCOME-TAX>                                     6,475                  58,910
<INCOME-CONTINUING>                           (37,292)                  88,282
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                (9,712)                 (5,048)
<CHANGES>                                            0                       0
<NET-INCOME>                                  (47,004)                  83,234
<EPS-BASIC>                                       0.52                    0.87
<EPS-DILUTED>                                     0.52                    0.86


</TABLE>