alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff, v. Charles FRANK and Moses Tootick, Defendants.

Crim. No. 89-221-FR.

United States District Court, D. Oregon.

March 12, 1990.

*1048Charles H. Turner, U.S. Atty., and William M. Youngman, Asst. U.S. Atty., Portland, Or., for plaintiff.

Steven T. Wax, Federal Defender, and Stephen R. Sady, Asst. Federal Defender, Portland, Or., for defendants.

OPINION

FRYE, District Judge:

The matters before the court are 1) defendant Charles Frank’s motion for a new trial; and 2) Frank’s motion for judgment of acquittal.

1. *New Trial*

Frank moves the court for a new trial on the grounds that 1) the court’s refusal to sever the trials of co-defendants violated Frank’s right to a fair trial and constituted an abuse of discretion; and 2) the introduction and use of photographs of the victim’s wounds were an abuse of discretion and denied Frank a fair trial. The government opposes the motion.

A) *Severance:*

Frank argues that severance from the co-defendant, Moses Tootick, was required because their defenses were antagonistic to the point of being mutually exclusive.

The court concludes that while the defenses of Frank and Tootick were antagonistic, they were not mutually exclusive. Frank testified that Tootick had committed the assault. Tootick did not testify or present any direct evidence that Frank committed the assault. While counsel for Tootick told the jury in opening statements and closing arguments that Tootick blamed Frank, no evidence was presented to support that claim, and the court instructed the jury that arguments of counsel are not evidence. The only evidence presented by Tootick related to the defense of intoxication.

The court concludes that there was ample evidence presented by the government to support the conviction of Frank, and that the evidence presented by Frank and Tootick did not present mutually exclusive defenses.

B) *Photographs:*

The photographs were evidence of the seriousness of the bodily injuries suffered by Aaron Hart. They also bolstered testimony that Frank and Tootick had stated earlier in the evening that they intended to “cut his throat” and “cut off his balls.” The court adheres to its ruling that the photographs were admissible and necessary to prove the government’s case.

Frank’s motion for a new trial is denied.

2. *Judgment of Acquittal*

Frank moves for judgment of acquittal on the grounds that no rational jury could find beyond a reasonable doubt that any injury inflicted by Frank caused Aaron Hart serious bodily injury. Frank asserts that the evidence presented supports only the conclusion that Frank may have injured Hart with a vehicle. Frank argues that based on the testimony of Dr. McDonald and Dr. Brady, no rational finder of fact *1049would conclude beyond a reasonable doubt that the injuries caused by being run over by the vehicle resulted in serious bodily injury.

There was ample evidence presented at trial to allow a rational finder of fact to conclude that Frank stabbed Hart or aided and abetted in the stabbing which caused serious bodily injury to Hart.

Frank’s motion for judgment of acquittal is denied.
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13** 

**- 7898** 

BRUCE W. KOENIG ,
Plaintiff

- Appellant ,

v.

GARY MAYNARD, Secretary; J. MICHAEL STOUFFER, Deputy Secretary; JON P. GALLEY, Director; RANDY WATSON; BOBBY SHEARIN, Warden; DAVID WADE, Assistant Warden; LIEUTENANT PENNINGTON, Housing Unit Manager; SERGEANT BOWMAN, Housing Unit Supervisor; SERGEANT SOWERS; LIEUTENANT HARBAUGH, Housing Unit Manager; SERGEANT ZAIN; GAZY SINDY; RANDY DURST; CORRECTIONAL OFFICER II DORCON; SCOTT OAKLEY, Executive Director; ROBIN WODFORD
,

Defendants

– Appellees,

and

THOMAS DEWBERRY; JEROME WOODS, II; UNKNOWN EMPLOYEES AND FORMER EMPLOYEES ,

Defendants.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. J. Frederick Motz, Senior District Judge. ( 1:12

- cv

- 01088

- JFM )

Submitted : April 17, 2014 Decided: April 21, 2014

Before WILKINSON, KING, and DUNCAN , Circuit Judges.

Affirmed by un published per curiam opinion

.2 Bruce Wayne Koenig , Appellant Pro Se. Stephanie Judith Lane Weber , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees

.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:

Bruce Wayne Koenig appeals the district court ’ s order s
denying relief on his 42 U.S.C. § 1983 (200 6 ) complaint and

denying his motion for reconsideration . We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the distri ct court. Koenig v. Maynard
,

No. 1:12

- cv

- 01088

- JFM (D. Md. Aug. 6, 2013; Oct. 28, 2013). We

dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before

th is court and argument would not aid the decisional process.

AFFIRMED
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 14

- 00353

- CR

EX PARTE John Matthew GAMBOA

From the 226th Judicial District Court, Bexar County, Texas

Trial Court No. 1992CR4978

- W1

Honorable Andrew Wyatt Carruthers, Judge Presiding

BEFORE CHIEF JUSTICE STONE

, JUSTICE MARION , AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, we AFFIRM the habeas court’s denial

of Appellant John Matthew Gamboa’s Amended Application for Writ of Habeas Corpus.

SIGNED December 10, 201 4.

_____________________________ Patricia O. Alvarez, Justice
<PAGE>

                                   Exhibit 21

       List of Subsidiaries of PureTec Corporation as of November 13, 1997

Name                                       Employer ID Number
----                                       ------------------

Plastic Specialties & Technologies, Inc.   22-2515864
PS & T Investments, Inc.                   22-2663552
Colorite Plastics Canada Ltd.                  N/A
Action Technology Belgium                      N/A
Colorite Europe Ltd.                           N/A
Action Technology Italia, SpA                  N/A
Pure Tech International, Inc.              22-2743384
Ozite Corporation                          36-3484843
REI Distributors, Inc.                     22-2418824
Connecticut Container Recovery             06-1012426
Distributors Recycling of Grand Rapids     38-2912339
Multi Container Recycling, Inc.(1)         38-2959009
Alumet Smelting Corporation                22-2054447
Pure Tech Plastics, Inc. (1)               22-3207289
MCRI of Maine, Inc. (1)                    01-0480369
Pure Tech of California, Inc.              77-0356589
Pure Tech SSP, Inc.                        04-3185364
Pure Tech APR, Inc. (1)                    11-3065942
Coast Recycling North, Inc.                68-0200870
Distributors Recycling, Inc.               22-2466975
Burlington Resins, Inc.                    22-3334106


(1) In process of liquidation
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3428 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3428

To amend the Emergency Economic Stabilization Act of 2008 to require a 
 corresponding reduction in the authorization to purchase each time a 
  repayment is made for assistance received under the Troubled Asset 
                            Relief Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2009

 Mr. Reichert introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
To amend the Emergency Economic Stabilization Act of 2008 to require a 
 corresponding reduction in the authorization to purchase each time a 
  repayment is made for assistance received under the Troubled Asset 
                            Relief Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reclaiming Bailout Funds for 
Taxpayers Act''.

SEC. 2. CORRESPONDING REDUCTION IN AUTHORIZATION TO PURCHASE.

    (a) In General.--Title I of the Emergency Economic Stabilization 
Act of 2008 (12 U.S.C. 5201 et seq.) is amended by adding at the end 
the following new section:

``SEC. 137. CORRESPONDING REDUCTION IN AUTHORIZATION TO PURCHASE.

    ``Each time a financial institution makes a repayment of assistance 
provided under this title, the authorization to purchase authority 
under section 115 shall be reduced by a corresponding dollar amount.''.
    (b) Conforming Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 136 the 
following new item:

``137. Corresponding reduction in authorization to purchase.''.
                                 <all>
```
**EXHIBIT
      14**





**PLM
      Financial Services Inc.**


**Code
      Of Ethics**





The
      Board
      of Directors, Executive Officers and Employees of PLM Financial Services Inc.,
      (the Company") the Trustee of the Trust, operate under a Code of Ethics that
      acknowledges and supports the integrity and values of the Company.





The
      Code
      of Ethics ensures all issues are handled honestly and openly, including
      notification to the appropriate person or persons associated with the Company
      of
      any material transaction(s) or relationship(s) that could be expected to become
      a conflict and that any conflicts of interest between personal and professional
      relationships are handled expediently and fairly. All Employees are provided
      with a clearly defined process to follow for any issues they feel are
      questionable or relate to possible wrongdoing without any fear of repercussion
      from Management.





PLM
      Financial Services Inc. conducts its business within the framework of all
      applicable governmental laws, rules and regulations.





The
      Code
      of Ethics is subject to periodic review by the Board of Directors to assure
      they
      continue to meet any modifications required by changes in regulations, the
      activities of the Company or to support the interests of the
      shareholders.








































































32
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3243 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3243

 To amend section 5542 of title 5, United States Code, to provide that 
  any hours worked by Federal firefighters under a qualified trade-of-
   time arrangement shall be excluded for purposes of determinations 
                       relating to overtime pay.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2009

 Mr. Sarbanes (for himself and Mr. Gallegly) introduced the following 
 bill; which was referred to the Committee on Oversight and Government 
                                 Reform

_______________________________________________________________________

                                 A BILL

 
 To amend section 5542 of title 5, United States Code, to provide that 
  any hours worked by Federal firefighters under a qualified trade-of-
   time arrangement shall be excluded for purposes of determinations 
                       relating to overtime pay.

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

SECTION 1. TREATMENT OF HOURS WORKED UNDER A TRADE-OF-TIME 
              ARRANGEMENTS.

    Section 5542 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(g)(1) Notwithstanding any other provision of this section, any 
hours worked by a firefighter under a qualified trade-of-time 
arrangement shall be disregarded for purposes of any determination 
relating to eligibility for or the amount of any overtime pay under 
this section.
    ``(2) For purposes of this section--
            ``(A) the term `qualified trade-of-time arrangement' means 
        an arrangement under which 2 firefighters who are employed by 
        the same agency agree, solely at their option and with the 
        approval of their employing agency, to substitute for one 
        another during scheduled work hours in performance of work in 
        the same capacity; and
            ``(B) the term `firefighter' has the meaning given such 
        term by sections 8331(21) and 8401(14), respectively.''.
                                 <all>
```
EXHIBIT 32.2



Certification of Chief Financial Officer Pursuant to

18 U.S.C. Section 1350



In connection with the Quarterly Report on Form 10-Q of Agile Software Corporation (the Company) for the quarter ended January 31, 2005 as filed with the Securities and Exchange Commission (the
Report), I, Carolyn V. Aver, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, that to my knowledge:



(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 consolidated financial condition of the Company as of the dates presented and consolidated results of operations of the Company for the periods presented.



|                     |  |                                        
|-------------------- |  | ---------------------------------------
|Date: March 11, 2005 |  | /s/    CAROLYN V. AVER                 
|                     |  | Carolyn V. Aver Chief Financial
Officer
111TH CONGRESS 

1ST SESSION H. R. 3435 

AN ACT 

Making supplemental appropriations for fiscal year 2009 for 

the Consumer Assistance to Recycle and Save Program. 

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

•HR 3435 EH

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2009, and for other pur4 poses, namely: 

5 DEPARTMENT OF TRANSPORTATION 

6 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

7 CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM

8 (TRANSFER OF FUNDS)

9 For an additional amount for ‘‘Consumer Assistance 

10 to Recycle and Save Program’’ to carry out the Consumer 

11 Assistance to Recycle and Save Program established by 

12 the Consumer Assistance to Recycle and Save Act of 2009 

13 (title XIII of Public Law 111–32), not to exceed 

14 $2,000,000,000, to remain available until September 30, 

15 2010: Provided, That such amount shall be available for 

16 such purpose only to the extent directed by the President, 

17 and shall be derived by transfer from the amount made 

18 available for ‘‘Department of Energy—Energy Pro19 grams—Title 17—Innovative Technology Loan Guarantee 

20 Program’’ in title IV of division A of the American Recov21 ery and Reinvestment Act of 2009 (Public Law 111–5): 

22 Provided further, That the amount under this heading is 

23 designated as an emergency requirement and necessary to 

24 meet emergency needs pursuant to sections 403 and 
3 

•HR 3435 EH

1 423(b) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 Section 1302(g) of Public Law 111–32 is amended 

4 by inserting the following new paragraph: 

5 ‘‘(3) REVIEW OF ADMINISTRATION OF THE PRO6 GRAM BY GOVERNMENT ACCOUNTABILITY OFFICE

7 AND INSPECTOR GENERAL.—Not later than 180 

8 days after the termination date described in sub9 section (c)(1)(A), the Government Accountability Of10 fice and the Inspector General of the Department of 

11 Transportation shall submit reports to the Com12 mittee on Energy and Commerce of the House of 

13 Representatives and the Committee on Commerce, 

14 Science, and Transportation of the Senate reviewing 

15 the administration of the program.’’. 

Passed the House of Representatives July 31, 2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 3435 

AN ACT 

Making supplemental appropriations for fiscal year 

and Save Program. 2009 for the Consumer Assistance to Recycle
# Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia

On October 21, 1995, by Executive Order 12978, the President declared a national emergency with respect to significant narcotics traffickers centered in Colombia pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant narcotics traffickers centered in Colombia and the extreme level of violence, corruption, and harm such actions cause in the United States and abroad.

The actions of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause an extreme level of violence, corruption, and harm in the United States and abroad. For this reason, the national emergency declared in Executive Order 12978 of October 21, 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 21, 2017. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to significant narcotics traffickers centered in Colombia declared in Executive Order 12978.

                        This notice shall be published in the                         *Federal Register*                         and transmitted to the Congress.                    

[FR Doc. 2017-22765

Billing code 3295-F8-P
Exhibit 31.2

CERTIFICATION

I, Daniel
Schwartz, certify that:



|1. | I have reviewed this Amendment to the Annual Report on Form 10-K of Burger King Holdings, Inc., and
|-- | ---------------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/    Daniel SchwartzDaniel SchwartzChief Financial Officer


Dated: March 29, 2012
#### UNITED STATES of America, Plaintiff-Appellee v. Hector Eduardo LEON-VIVANCO, Defendant-Appellant.

No. 10-50662

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western *367District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Assistant Federal Public Defender, Henry Joseph Bem-porad, Federal Public Defender, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Hector Eduardo Leon-Vivan-co has moved for leave to withdraw and has filed a brief in accordance with *An-ders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Leon-Vivanco has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
District Clerk’s LetterOnReceipt NOA att.wpd 

### CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

CIVIL/FAMILY POST TRIAL

DATE: January 13, 2015

FOURTEENTH COURT OF APPEALS INFORMATION SHEET BY TRIAL COURT

CLERK

Note to trial court clerk: You are expected to file the clerk’s record by t he original due date. If

you cannot, you should advise the Clerk of the Fourteenth Court of Appeals immediately in

writing, stating the reason and the date by which the record will be filed. Generally speaking,

for good cause shown, the Court will grant no more than two extensions from the original due

date, each extension not to exceed 30 days.

Appellate Case Number 14

- 14

- 00 924

- CV

Trial Court Case Number: 2 0 12

- 37056

____________________________

Trial Court Number 234 th 

### District Court

_________________________________________ _____________________________________

Information from Trial Court Clerk

The clerk’s record will be completed and filed with the appellate court clerk by the original due date,

subject to payment arrangements being made.

X The clerk’s record will not be filed by the original due date. (Please state reasons below)

I believe I can file the clerk’s record by

_________ , I request days extension of time.



### X Appellant has not made payment arrangements. Record costs and balance is $ 1064 .00.

X Appellant has been notifie d that the clerk’s record is ready



### . Appellant has made payment arrangements.

CHRIS DANIEL,

CLERK DISTRICT COURT,

HARRIS COUNTY, TEXAS

BY: /s/ PHYLLIS WASHINGTON

PHYLLIS WASHINGTON , DEPUTY

### AP1 R04

- 30

- 92 January 8, 2015

K. B. BATTAGLINI TBN #01918060

STRONG PIPKIN BISSELL & LEDYARD LLP

4900 WOODWAY DRIVE STE 1200

HOUSTON, TX 77056

PH: 713

- 210

- 4371

FX: 713

- 651

- 1920

Re: No. 2012

- 37056 SENT VIA: FAX ONLY



### Dear Customer:

This letter is to inform you of the balance, which represents the cost to our office of preparing, at your request,

the Original Clerk’s Record in the above numbere d case. Rule (35.3) of the Texas Rules of Appellate

Procedure requires that payment of this cost be remitted to our office prior to forwarding the clerk’s record to

the Court of Appeals.

ORIGINAL CLERKS RECORD $ 1064.00

LESS DEPOSIT PAID $0.00

DELIVERED TO THE 14TH COURT OF APPEALS

BALANCE DUE $ 1064.00



### You may remit your payment in the form of attorney or law firm check, money order or cashier’s check, payable to Chris Daniel,

District Clerk, by mailing to: Chris Daniel, District Clerk, Attn: Civil/Family Post Trial, P.O. Box 4651, Houston, TX 77210

-

4651.

Payment also may be rem itted in person at the following location: Chris Daniel, District Clerk, Civil/Family Post Trial, 201

Caroline, Room 250, Houston, TX 77002.

Please be informed that this correspondence is the only notice you will receive from this office reg arding this payment.

CHRIS DANIEL,

CLERK DISTRICT COURT,

HARRIS COUNTY, TEXAS

BY: /s/ PHYLLIS WASHINGTON

PHYLLIS WASHINGTON

, DEPUTY