alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Terrence Brent McNeil v. The State of Texas

Appellate case number: 01-13-00234-CR

Trial court case number: 1362563

Trial court: 338th District Court of Harris County

Appellant, Terrence Brent McNeil, has filed a pro se “Emergency Motion to 

Dismiss Appeal.” In the motion, McNeil states that the public defender’s office has a 

policy requiring counsel to visit an appellate client at least once during his or her case, 

but his appointed counsel has not visited him in prison and has “refused extension to file 

brief upon Appellants request.” Appellant then moves that the Court “grant this

Emergency Motion to Dismiss Appeal.”

By filing a motion to dismiss his appeal, McNeil is effectively seeking to waive 

his right to appeal. McNeil has the right to waive his right to appeal. See TEX. CODE 

CRIM. PROC. art. 1.14 (West 2005); Ex parte Broadway, 301 S.W.3d 694, 697 (Tex. 

Crim. App. 2009). Any such waiver, however, must be made voluntarily, knowingly, and 

intelligently. See Broadway, 301 S.W.3d at 697; Ex parte Tabor, 565 S.W.2d 945, 946 

(Tex. Crim. App. 1978).

Based on the content of his motion, it appears that McNeil is unhappy with his 

appointed counsel. McNeil does not, however, state that he no longer wishes to pursue 

his appeal, provide any reason why he wants to dismiss his appeal, or provide any other 

basis to show that he is voluntarily, knowingly, and intelligently seeking to waive his 

right to appeal. As a result, it does not appear that McNeil is voluntarily, knowingly, and 

intelligently seeking to waive his right to appeal. Accordingly, we DENY the motion.

It is so ORDERED.

Judge’s signature: /s/ Chief Justice Sherry Radack

 Acting individually  Acting for the Court

Date: January 28, 2014
I 

117TH CONGRESS 

1ST SESSION H. R. 2832 

To amend the Internal Revenue Code of 1986 to repeal the excise tax 

on investment income of private colleges and universities. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2021 

Mr. BRENDAN F. BOYLE of Pennsylvania introduced the following bill; which 

was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the excise tax on investment income of private colleges 

and universities. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Don’t Tax Higher 

5 Education Act’’. 

6 SEC. 2. REPEAL OF EXCISE TAX ON INVESTMENT INCOME 

7 OF PRIVATE COLLEGES AND UNIVERSITIES. 

8 (a) IN GENERAL.—Chapter 42 of the Internal Rev9 enue Code of 1986 is amended by striking subchapter H 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 2832 IH

1 (and by striking the item relating to such subchapter in 

2 the table of subchapters for such chapter). 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to taxable years beginning after 

5 the date of the enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
----

| Registrant | Northeast      Community Bancorp, Inc. |
|------------|----------------------------------------|

| Subsidiaries                                  |   | PercentageOwnership |   | Jurisdiction      orState      of Incorporation |
|-----------------------------------------------|--------|---------------------|--------|-------------------------------------------------|
|                                          |   |                |   |                                            |
| Northeast      Community Bank                 |   | 100%                |   | United      States                              |
| New      England Commercial Properties LLC(1) |   | 100%                |   | New      York State                             |

|  | (1)  | A      wholly owned subsidiary of Northeast Community  Bank. |
|--|-----------|--------------------------------------------------------------|

----
EXHIBIT 32.2


           Section 1350 Certification by Principal Financial Officer

The following statement is being made to the Securities and Exchange Commission
solely for purposes of Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
1350), which carries with it certain criminal penalties in the event of a
knowing or willful misrepresentation.

The undersigned hereby certifies that the Quarterly Report on Form 10-Q for the
period ended September 30, 2008 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that the information contained
in such report fairly presents, in all material respects, the financial
condition and results of operations of the registrant.



Dated:  December 16, 2008         By:   /s/   AARON SAMEL
                                        -----------------------------------
                                        Name:   Aaron Samel
                                        Title:  Principal Financial Officer


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.

This certification accompanies this Report on Form 10-Q pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such
certification will not be deemed to be incorporated by reference into any filing
under the Securities Act of 1933, as amended, or the Exchange Act, except to the
extent that the Company specifically incorporates it by reference.
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                  1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>            DEC-31-2000
<PERIOD-START>               APR-01-2000
<PERIOD-END>                 JUN-30-2000
<CASH>                         9,398,000
<SECURITIES>                           0
<RECEIVABLES>                    253,000
<ALLOWANCES>                      20,000
<INVENTORY>                      133,000
<CURRENT-ASSETS>              10,472,000
<PP&E>                        69,694,000
<DEPRECIATION>                   761,000
<TOTAL-ASSETS>                83,301,000
<CURRENT-LIABILITIES>          7,940,000
<BONDS>                       45,000,000
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                           1,000
<OTHER-SE>                    21,765,000
<TOTAL-LIABILITY-AND-EQUITY>  83,301,000
<SALES>                        9,889,000
<TOTAL-REVENUES>               8,942,000
<CGS>                                  0
<TOTAL-COSTS>                  9,044,000
<OTHER-EXPENSES>                       0
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>             2,305,000
<INCOME-PRETAX>               (2,277,000)
<INCOME-TAX>                    (928,000)
<INCOME-CONTINUING>                    0
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                  (1,350,000)
<EPS-BASIC>                            0
<EPS-DILUTED>                          0



</TABLE>
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Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of SFBC International, Inc. (the Company) on Form 10-Q for the period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I Arnold Hantman, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to 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/ ARNOLDHANTMAN      
| | Chief Executive Officer



Date:  November 14, 2005



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.
exv10w2



 





Exhibit 10.2




FIRST AMENDMENT

TO THE

PINNACLE WEST CAPITAL CORPORATION

2007 LONG-TERM INCENTIVE PLAN




     Pinnacle West Capital Corporation (the “Company”) hereby amends the Pinnacle West Capital
Corporation 2007 Long-Term Incentive Plan (the “Plan”), pursuant to Section 14.1 of the Plan, as
follows:



     1. Section 8.1 (b) of the Plan is hereby amended in its entirety to read as set forth below:




     (b) Other Terms. All SAR grants will be evidenced by an Award
Agreement. The terms, methods of exercise, methods of settlement, and any other
terms and conditions of any SAR will be determined by the Committee at the time of
the grant of the Award and as set forth in the Award Agreement; provided that the
form of consideration payable in settlement of a SAR shall be Stock or cash as
specified in the Award Agreement; and provided, further, that the term of any SAR
granted under the Plan shall not exceed ten years.



     2. Section 12.2 of the Plan is hereby amended in its entirety to read as set forth below:




     12.2 TERM OF AWARD. The term of each Award shall be for the period
determined by the Committee, provided that in no event shall the term of any Option
or Stock Appreciation Right exceed a period of ten years from the date of its grant.



     3. This First Amendment shall be effective as of the Effective Date of the Plan, as determined
in accordance with Section 2.1 of the Plan.



     4. This First Amendment amends only the provisions of the Plan noted above.



     IN WITNESS WHEREOF, the Company has caused this First Amendment to be executed by its duly
authorized representative on this                      day of April, 2007.




	 	 	 	 	 	 	 
	 

	 	PINNACLE WEST CAPITAL CORPORATION

	 	 	 	 	 	 	 
	 

	 	By:	 	 	 	 
	 	 	 	 	 
	 

	 	 	 	Its:
#### Fnu GUNAWAN; Rositawati Sutanto, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 04-74107.

United States Court of Appeals, Ninth Circuit.

Submitted April 22, 2008.*

Filed April 29, 2008.

Anthony S. Wilaras, Riverside, CA, for Petitioners.

CAC-District Counsel, Office of the District Counsel, Los Angeles, CA, Molly L. Debusschere, OIL, U.S. Department of Justice, Washington, DC, Ronald E. Le*564Fevre, Office of the District Counsel, San Francisco, CA, for Respondent.

Before: GRABER, FISHER, and BERZON, Circuit Judges.

*

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

MEMORANDUM **

Fnu Gunawan and his wife, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence, *see Sael v. Ashcroft,*386 F.3d 922, 924 (9th Cir.2004), and we grant the petition for review and remand.

Substantial evidence does not support the IJ’s adverse credibility determination. For example, the IJ failed to point to inconsistencies in Gunawan’s testimony or offer other specific, cogent reasons for his disbelief that Gunawan and Sutanto are ethnic Chinese. *See Garrovillas v. INS,*156 F.3d 1010, 1016-17 (9th Cir.1998) (internal quotation marks omitted); *see also*8 C.F.R. § 1208.13(a) (applicant’s testimony, if credible, may be sufficient to sustain the burden of proof without corroboration).

We vacate the IJ’s alternative discretionary denial of asylum because the IJ failed to consider and weigh all of the relevant favorable and adverse factors, and because he gave undue negative weight to petitioners’ use of false statements as a means to gain entry into the United States. *See Kalubi v. Ashcroft,*364 F.3d 1134, 1140 (9th Cir.2004); *Mamouzian v. Ashcroft,*390 F.3d 1129, 1138 (9th Cir. 2004).

Therefore, we remand for the agency to consider whether, taking petitioners’ testimony as true, they have shown eligibility for asylum, withholding of removal, and protection under CAT. *See INS v. Ventura,*537 U.S. 12, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (per curiam).

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 Quarterly Report of Activeworlds Corp. (the "Company") on
Form 10-QSB for the period ending March 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I Sean Deson, Chief
Executive Officer and 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 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/  Sean Deson
                                                    ----------------------------
                                                    Sean Deson,
                                                    Chief Executive Officer and
                                                    Chief Financial Officer

Date:  May 12, 2005

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.
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Page 51253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24128]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

TIME AND DATE: Wednesday, November 8, 2017 at 10:00 a.m.

PLACE: 999 E Street NW., Washington, DC (Ninth Floor).

STATUS: This meeting will be open to the public.

MATTERS TO BE CONSIDERED: 
Audit Division Recommendation Memorandum on the NY Republican Federal 
Campaign Committee (NYR) (A13-11)
Management and Administrative Matters

CONTACT PERSON FOR MORE INFORMATION: Judith Ingram, Press Officer, 
Telephone: (202) 694-1220.
    Individuals who plan to attend and require special assistance, such 
as sign language interpretation or other reasonable accommodations, 
should contact Dayna C. Brown, Secretary and Clerk, at (202) 694-1040, 
at least 72 hours prior to the meeting date.

Dayna C. Brown,
Secretary and Clerk of the Commission.
[FR Doc. 2017-24128 Filed 11-1-17; 4:15 pm]
BILLING CODE 6715-01-P
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Page 52318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24544]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Pistoia Alliance, Inc.

    Notice is hereby given that, on October 3, 2017, pursuant to 
Section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Pistoia Alliance, Inc. has 
filed written notifications simultaneously with the Attorney General 
and the Federal Trade Commission disclosing changes in its membership. 
The notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, Luxoft Global 
Operations GmbH, Zug, SWITZERLAND; Congenica Limited, Hinxton, UNITED 
KINGDOM; Jeremy G. Frey (individual member), Highfield, UNITED KINGDOM; 
The HDF Group, Champaign, IL; BioRAFT, Cambridge, MA; Cyclica, Toronto, 
CANADA; and AbbVie Inc., North Chicago, IL, have been added as parties 
to this venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and Pistoia Alliance, Inc. intends to 
file additional written notifications disclosing all changes in 
membership.
    On May 28, 2009, Pistoia Alliance, Inc. filed its original 
notification pursuant to Section 6(a) of the Act. The Department of 
Justice published a notice in the Federal Register pursuant to Section 
6(b) of the Act on July 15, 2009 (74 FR 34364).
    The last notification was filed with the Department on July 12, 
2017. A notice was published in the Federal Register pursuant to 
Section 6(b) of the Act on August 16, 2017 (82 FR 38939).

Patricia A. Brink,
Director of Civil Enforcement, Antitrust Division.
[FR Doc. 2017-24544 Filed 11-9-17; 8:45 am]
 BILLING CODE P
#### UNITED STATES of America, Plaintiff-Appellee v. James H BATES, Defendant-Appellant.

No. 09-30038

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 23, 2010.

Theodore R. Carter, III, Diane Hollens-head Copes, Esq., Stephen Andrew Hig-*930ginson, Carol Loupe Michel, Assistant U.S. Attorney, U.S. Attorney’s Office, New Orleans, LA, for Plaintiff-Appellee.

George Frazier, New Orleans, LA, for Defendant-Appellant.

James H. Bates, Oakdale, LA, pro se.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent James H. Bates, federal prisoner # 24837-034, in his appeal of the district court’s order denying 18 U.S.C. § 3582(c)(2) relief, has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Bates has not filed a response. Our independent review of the record and counsel’s brief discloses no non-frivolous issue for appeal. 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.