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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-6746

DUSTIN M. GRAMMER,

 Petitioner - Appellant,

v.

WARDEN, FCI Gilmer,

 Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at 

Martinsburg. Gina M. Groh, Chief District Judge. (3:19-cv-00057-GMG)

Submitted: August 24, 2021 Decided: August 27, 2021

Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Dustin M. Grammer, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dustin M. Grammer, a federal prisoner, appeals the district court’s order accepting 

the recommendation of the magistrate judge and denying relief on Grammer’s 28 U.S.C. 

§ 2241 petition in which Grammer sought to challenge his sentence by way of the savings 

clause in 28 U.S.C. § 2255. Pursuant to § 2255(e), a prisoner may challenge his conviction

or sentence in a traditional writ of habeas corpus pursuant to § 2241 if a § 2255 motion 

would be inadequate or ineffective to test the legality of his detention. 

[Section] 2255 is inadequate and ineffective to test the legality of a sentence 

when: (1) at the time of sentencing, settled law of this circuit or the Supreme 

Court established the legality of the sentence; (2) subsequent to the prisoner’s 

direct appeal and first § 2255 motion, the aforementioned settled substantive 

law changed and was deemed to apply retroactively on collateral review; 

(3) the prisoner is unable to meet the gatekeeping provisions of § 2255(h)(2) 

for second or successive motions; and (4) due to this retroactive change, the 

sentence now presents an error sufficiently grave to be deemed a fundamental 

defect. 

United States v. Wheeler, 886 F.3d 415, 429 (4th Cir. 2018).

Because Grammer was sentenced under the advisory Sentencing Guidelines, we 

agree with the district court’s conclusion that he fails to satisfy the fourth prong of Wheeler. 

See Braswell v. Smith, 952 F.3d 441, 450 (4th Cir. 2020); Lester v. Flournoy, 909 F.3d 708, 

715 (4th Cir. 2018). Accordingly, we affirm for the reasons stated by the district court. 

Grammer v. Warden, No. 3:19-cv-00057-GMG (N.D.W. Va. Mar. 26, 2021). We dispense 

with oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
IV

106TH CONGRESS

1ST SESSION H. RES. 124

Condemning acts of police brutality and use of excessive force throughout

the country.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1999

Mr. DAVIS of Illinois (for himself, Mr. MEEKS of New York, Mr. GEPHARDT,

Mr. PAYNE, Mr. FATTAH, Mrs. CLAYTON, Ms. KILPATRICK, Mr. HILLIARD, Mr. OWENS, Ms. JACKSON-LEE of Texas, Mr. HASTINGS of Washington, Mr. FORD, Mr. CLAY, Ms. EDDIE BERNICE JOHNSON of Texas,

Mr. JEFFERSON, Ms. CARSON, Mr. JACKSON of Illinois, Mr. CLYBURN,

Ms. WATERS, Mr. CONYERS, Mrs. MEEK of Florida, Ms. BROWN of Florida, Mr. THOMPSON of Mississippi, Mr. CUMMINGS, Mr. HINCHEY, Ms.

NORTON, Ms. LEE, Ms. MCKINNEY, Mr. WYNN, Mrs. CHRISTENSEN, Ms.

MILLENDER-MCDONALD, Mr. GEORGE MILLER of California, Mr.

TOWNS, Mr. MCDERMOTT, Mr. DIXON, Mr. WATT of North Carolina, Mr.

BONIOR, Mr. LEWIS of Georgia, Mrs. MINK of Hawaii, Mr. SCOTT, Ms.

DEGETTE, Mr. RUSH, Mr. WAXMAN, and Mr. RANGEL) submitted the

following resolution; which was referred to the Committee on the Judiciary

RESOLUTION

Condemning acts of police brutality and use of excessive

force throughout the country.

Whereas police brutality and the use of excessive force constitute one of the most serious and divisive human rights

issues in the United States;
2

•HRES 124 IH

Whereas a small percentage of police, through acts of brutality and the use of excessive force, have given the vast

majority of police who abide by the law a bad reputation;

Whereas police brutality and the use of excessive force have

led to public mistrust of the police, particularly in communities of racial minorities;

Whereas police brutality and the use of excessive force have

resulted in the torture and death of innocent people;

Whereas police brutality and the use of excessive force have

caused tension between the police and the public;

Whereas the House of Representatives finds that the behavior

of police officers who engage in unjustified shootings,

beatings, fatal chokings, and any other excessive treatment is inconsistent with the Constitution; and

Whereas the House of Representatives finds that the rule of

law in the United States is undermined when a few police

officers engage in a pattern of conduct inconsistent with

the Constitution of the United States: Now, therefore, be

it

1 Resolved, That the House of Representatives—

2 (1) advocates sound and unbiased law enforce3 ment practices;

4 (2) commends those police officers who risk

5 their lives in service of all individuals, to whom the

6 protections of the Constitution are granted equally;

7 and
3

•HRES 124 IH

1 (3) condemns acts of brutality and the use of

2 excessive force by police officers.

Æ
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

                    In accordance with Section 271.25 of its rules regarding availability of information (12 CFR part 271), there is set forth below the domestic policy directive issued by the Federal Open Market Committee at its meeting held on January 25-26, 2011.[1] 

                    The Federal Open Market Committee seeks monetary and financial conditions that will foster price stability and promote sustainable growth in output. To further its long-run objectives, the Committee seeks conditions in reserve markets consistent with Federal funds trading in a range from 0 to                     1/4                     percent. The Committee directs the Desk to execute purchases of longer-term Treasury securities in order to increase the total face value of domestic securities held in the System Open Market Account to approximately $2.6 trillion by the end of June 2011. The Committee also directs the Desk to reinvest principal payments from agency debt and agency mortgage-backed securities in longer term Treasury securities. The System Open Market Account Manager and the Secretary will keep the Committee informed of ongoing developments regarding the System's balance sheet that could affect the attainment over time of the Committee's objectives of maximum employment and price stability.                

By order of the Federal Open Market Committee, February 17, 2011.

William B. English,

Secretary, Federal Open Market Committee.

# Footnotes

1.                             Copies of the Minutes of the Federal Open Market Committee at its meeting held on January 25-26, 2011, which includes the domestic policy directive issued at the meeting, are available upon request to the Board of Governors of the Federal Reserve System, Washington, DC 20551. The minutes are published in the Federal Reserve Bulletin and in the Board's Annual Report.                    
        Back to Citation      

[FR Doc. 2011-4124 Filed 2-23-11; 8:45 am]

BILLING CODE 6210-01-P
Servicer Compliance Statement of Nissan Motor Acceptance Corporation
    NISSAN MOTOR ACCEPTANCE CORPORATION
   OFFICER'S CERTIFICATE
   The undersigned, Mark Kaczynski, President and Chief Executive Officer of NISSAN MOTOR ACCEPTANCE CORPORATION, a California corporation (the “Company”), does hereby certify, in his capacity as such corporate officer, as follows:
  (1)           The undersigned has caused a review of the activities of the Company, in its capacity as Servicer, during the period February 22, 2012 through March 31, 2012 (the “Reporting Period”), and of its performance pursuant to that certain Sale and Servicing Agreement, dated as of February 22, 2012 (the “Agreement”), by and among the Company, Nissan Auto Receivables Corporation II, as Seller, and Nissan Auto Receivables 2012-A Owner Trust, as Issuer, to be conducted under his supervision; and
  (2)           To the best of the undersigned’s knowledge, based upon such review, the Company has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.
  This Officer’s Certificate is being furnished pursuant to Item 1123 of the Securities and Exchange Commission’s Regulation AB for publicly-issued asset-backed securities.  Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement.
  IN WITNESS WHEREOF, I have set my hand effective as of the 15th day of June, 2012.
   /s/ Mark Kaczynski
 Mark Kaczynski
 President and Chief Executive Officer
## Breadcrumb

-  Home 
-  MyPBA: My Pension Benefit Access 
-  Help Keep Your Information Safe In MyPBA 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# Help Keep Your Information Safe in MyPBA

PBGC works to protect your information in MyPBA. That’s why MyPBA uses a two-step verification system that sends you a personalized code to enter after you enter your username and password. When you go to MyPBA, always use your browser or bookmarked URL, and go to https://www.pbgc.gov/mypba.

Recently, we became aware of phishing emails that appear to be from **PBGC.gov** but use a misleading domain that is very similar to our official domain. These malicious emails may ask you to provide personal information, click on suspicious links, or download attachments.

## How to Protect Yourself:

### Check the Sender’s Email Address

Before taking any action, always double-check the sender’s email address. Ensure it matches our official **PBGC.gov** domain exactly, without any typos or extra characters.

### Avoid Clicking on Suspicious Links

If you’re unsure about a link in an email, do not click on it. Instead, visit our official website directly by typing our URL into your browser or use your bookmarked link.

### Never Share Personal Information

We will never ask for sensitive information, such as passwords or social security numbers, via email. If you receive such a request, it’s a scam.

### Stay Educated

Familiarize yourself with common phishing tactics and signs. Many attackers use urgency or threats to get victims to act hastily. Always take a moment to think before you click.

### Don’t click on that link! Delete the message right away!

                          - You can tell a message is fake because it comes from an account that doesn’t have  .gov  in the domain name.
                          - Official websites use  .gov . Secure  .gov  websites use  HTTPS . A  lock  (  ) or  https://  means you’ve safely connected to the  .gov  website.
                          - Share sensitive information only on official, secure websites. Remember, any message from PBGC or MyPBA will have an address with  .gov  in the domain name.

September 12, 2023
## Breadcrumb

-  Home 
-  Employers & Practitioners 
-  Mortality, Retirement and PV Max Guarantee 
-  ERISA Section 4044 Retirement Assumptions 
-  Retirement Rate Category Tables 2014 

This page has not been translated. Please go to PBGC.gov's Spanish home page for more information available in Spanish.

Esta página no ha sido traducida. Por favor vaya a la página principal del sitio de español de PBGC para ver información disponible en español.

# Retirement Rate Category Tables 2014

The rate tables applicable for other years are accessible from the main XRA webpage.

January 13, 2022
# C_2006224EN.01003901.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/39 |
| --- | --- | --- | --- |

16.9.2006

EN

Official Journal of the European Union

C 224/39

---

Judgment of the Court of First Instance of 13 July 2006 –Andrieu v Commission

(Case T-285/04) (1)

1

(Officials - Action for annulment - Career development report - Rights of the defence - Action for damages - Inadmissibility)

(2006/C 224/83)

Language of the case: French

Parties

Applicant: Michel Andrieu (Brussels, Belgium) (represented by: S. Rodrigues and Y. Minatchy, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: G. Berscheid and L. Lozano Palacios, acting as Agents, and M. Genton, lawyer)

Defendant:

Re:

Firstly, action for annulment of the applicant's career development report for 2001/2002 and, secondly, action for damages

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders each party to bear its own costs. |
| --- | --- |

2.

Orders each party to bear its own costs.

---

(1)  OJ C 262, 23.10.2004.

1

---
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE COMPANY'S
BALANCE SHEET AS OF SEPTEMBER 30, 1999 AND THE STATEMENTS OF OPERATIONS FOR THE
NINE MONTHS ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001061148
<NAME> PATHNET, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          98,896
<SECURITIES>                                    74,524
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               170,728
<PP&E>                                         110,606
<DEPRECIATION>                                   4,482
<TOTAL-ASSETS>                                 338,575
<CURRENT-LIABILITIES>                           33,123
<BONDS>                                        346,519
<PREFERRED-MANDATORY>                           35,970
<PREFERRED>                                          0
<COMMON>                                            30
<OTHER-SE>                                    (77,331)
<TOTAL-LIABILITY-AND-EQUITY>                   338,575
<SALES>                                          2,275
<TOTAL-REVENUES>                                 2,275
<CGS>                                            9,579
<TOTAL-COSTS>                                    9,579
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              30,318
<INCOME-PRETAX>                               (40,409)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (40,409)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (40,409)
<EPS-BASIC>                                    (13.88)
<EPS-DILUTED>                                  (13.88)


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

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-START>                             DEC-26-1998             DEC-26-1998
<PERIOD-END>                               JUN-25-1999             JUN-25-1999
<CASH>                                               0                     778
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                  20,555
<ALLOWANCES>                                         0                   (901)
<INVENTORY>                                          0                  19,577
<CURRENT-ASSETS>                                     0                  41,625
<PP&E>                                               0                  87,533
<DEPRECIATION>                                       0                (53,325)
<TOTAL-ASSETS>                                       0                 161,891
<CURRENT-LIABILITIES>                                0                (13,112)
<BONDS>                                              0               (115,000)
<PREFERRED-MANDATORY>                                0                (33,403)
<PREFERRED>                                          0                       0
<COMMON>                                             0                (63,535)
<OTHER-SE>                                           0                 103,159
<TOTAL-LIABILITY-AND-EQUITY>                         0               (161,891)
<SALES>                                       (27,274)                (54,443)
<TOTAL-REVENUES>                              (27,274)                (54,443)
<CGS>                                           15,178                  30,053
<TOTAL-COSTS>                                    7,654                  15,637
<OTHER-EXPENSES>                                  (17)                    (44)
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               3,973                   7,843
<INCOME-PRETAX>                                  (486)                   (954)
<INCOME-TAX>                                       159                     346
<INCOME-CONTINUING>                              (327)                   (608)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     (327)                   (608)
<EPS-BASIC>                                          0                       0
<EPS-DILUTED>                                        0                       0


</TABLE>
### §2882. Effect of assignment of members to housing units acquired or constructed under alternative authority

(a) Treatment as Quarters of the United States.—Except as provided in subsection (b), housing units acquired or constructed under this subchapter shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403 of title 37.

(b) Availability of Basic Allowance for Housing.—A member of the armed forces who is assigned to a housing unit acquired or constructed under this subchapter that is not owned or leased by the United States shall be entitled to a basic allowance for housing under section 403 of title 37.

(c) Lease Payments Through Pay Allotments.—The Secretary concerned may require members of the armed forces who lease housing in housing units acquired or constructed under this subchapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37.

(Added Pub. L. 104–106, div. B, title XXVIII, §2801(a)(1), Feb. 10, 1996, 110 Stat. 548; amended Pub. L. 105–85, div. A, title VI, §603(d)(2)(C), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 110–417, div. B, title XXVIII, §2805(e)(1), Oct. 14, 2008, 122 Stat. 4723.)

#### **Editorial Notes**

#### Amendments

2008—Pub. L. 110–417 amended section generally. Prior to amendment, section related to assignment of members of the armed forces to housing units by the Secretary concerned, treatment of such housing as quarters of the United States, entitlement to a basic allowance for housing, and making of lease payments through pay allotments.

1997—Subsec. (b)(1). Pub. L. 105–85, §603(d)(2)(C)(i), substituted "section 403" for "section 403(b)".

Subsec. (b)(2). Pub. L. 105–85, §603(d)(2)(C)(ii), substituted "basic allowance for housing under section 403 of title 37" for "basic allowance for quarters under section 403 of title 37 and, if in a high housing cost area, a variable housing allowance under section 403a of that title".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
ANNUAL STATEMENT OF COMPLIANCE



Reference is hereby made to that
certain Pooling and Servicing Agreement dated as of December 1, 2011, by and among Citigroup Commercial Mortgage Securities Inc.,
as Depositor, Wells Fargo Bank, National Association, as Master Servicer and Midland Loan Services, A Division of PNC Bank, National
Association, as Special Servicer, Deutsche Bank Trust Company Americas, as Trustee, Certificate Administrator, Paying Agent and
Custodian, and Trimont Real Estate Advisors, Inc., as Operating Advisor, with respect to Commercial Mortgage Pass-Through Certificates
Series 2011-C1 (the "Agreement"). Capitalized terms used herein not otherwise defined shall have the meanings assigned
in the Agreement.

Pursuant to Section 10.11 of this
Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:

| | 1. | A review of the activities of the Master Servicer during the period from January 1, 2017 through
December 31, 2017 (the “Reporting Period”), and of its performance per the Agreement during such period has been made
under my supervision, and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 2. | To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its
obligations under the Agreement in all material respects throughout the Reporting Period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, the
undersigned has executed this Certificate as of the 28th day of February 2018.

|                         | 
|------------------------ | 
|Daniel Bober             | 
|Executive Vice President | 
|Wells Fargo Bank         |