alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCUIT

No. 11-60096 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. WALLACE HAYNES, III, also known as Roots, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:07-CR-104-1

Before WIENER, STEWART, and HAYNES, Circuit Judges. PER CURIAM: * Defendant-Appellant Wallace Hayn e s , III, was convicted of one count of possessing less than five grams of cocaine base with intent to distribute and is currently serving a sentence of 90 months in prison to be followed by a threeyear term of supervised release. In this out-of-time direct appeal, Haynes claims that his cou nsel rendered ineffective assistance by failing to object to the presentence report and to challenge his base offense level, his criminal history, and the amount of drugs for which he was held responsible. U n i te d S ta te s C o u rt o f A p p ea l s F i ft h C i rc u i t 

### F I L E D March 26 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 TH C IR

. R. 47.5 , the court hasd ete rm inedthat thisop inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 TH C IR

. R. 47.5 .4. Case: 11-60096 Document: 00511800195 Page: 1 Date Filed: 03/26/2012No. 11-60096

Although not addressed by either party, we note that Haynes’s notice of appeal was “both late and premature” because the district court did not reenter his judgment of conviction. See United States v. West , 240 F.3d 456, 457-59 (5th Cir. 2001); see also In re Bradford , 660 F.3d 226, 228 (5th Cir. 2011). The time limit for filing a criminal appealhe, howev e r , i s not jurisdictional and can be waived. United States v. Martinez, 496 F.3d 387, 388-89 (5th Cir. 2007). As the government does not raise this issue, it is waived, and we will address the merits of the appeal. Haynes has not shown that he is entitled to relief. The government invokes the waiver of his appellate rights in Haynes’s plea agreement and contends that this waiver precludes consideration of his claims co nc e r ning counsel’s alleged d e f

i c i encies at sentencing. The government is correct. Our review of the record confirms that Haynes’s waiver was knowing and voluntary. See United States v. Bond , 414 F.3d 542, 544 (5th Cir. 2 0 0 5 )

. Thi s review likewise establishes that the plain language of the plea agreement applies to the claims he raises. Id. ; see also United States v. White , 307 F.3d 336, 343 (5th Cir. 2002). The judgment of the district court is AFFIRMED.

2 Case: 11-60096 Document: 00511800195 Page: 2 Date Filed: 03/26/2012
```

[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Page 11102]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04329]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0579; FRL-9906-98]

Draft Guidelines; Product Environmental Performance Standards and 
Ecolabels for Voluntary Use in Federal Procurement; Reopening of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reopening of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register issue of November 
27, 2013, concerning public review and comment on draft guidelines with 
a potential approach for using non-governmental product environmental 
performance standards and ecolabels in Federal purchasing. This 
document reopens the comment period for two months, until April 25, 
2014. The Agency received several requests to extend the comment period 
to allow more time for stakeholder review, collaboration, and response.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPPT-2013-0579, must be received on or before April 25, 2014.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES 
in the Federal Register document of November 27, 2013.

FOR FURTHER INFORMATION CONTACT: Alison Kinn Bennett, Pollution 
Prevention Division (7409M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8859; email 
address: kinn.alison@epa.gov.

SUPPLEMENTARY INFORMATION: This document reopens the public comment 
period established in the Federal Register issue of November 27, 2013 
(78 FR 70938) (FRL-9394-7). In that document, EPA announced for public 
review and comment draft guidelines intended to provide a transparent, 
fair, and consistent approach to using nongovernmental product 
environmental performance standards and ecolabels in Federal 
purchasing, consistent with Federal standards policy and sustainable 
acquisition mandates. These draft guidelines have been developed in 
response to requests via a wide variety of stakeholder engagement 
channels from suppliers, manufacturers, environmental organizations, 
Federal purchasers, and other stakeholders over the last several years. 
EPA is hereby reopening the comment period to April 25, 2014.
    To submit comments, or access the docket, please follow the 
detailed instructions as provided under ADDRESSES in the November 27, 
2013 Federal Register document. If you have questions, consult the 
person listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Ecolabels, Government procurement, 
Guidelines, Standards.

    Dated: February 20, 2014.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2014-04329 Filed 2-26-14; 8:45 am]
BILLING CODE 6560-50-P
```
### §687g. Penalties and forfeitures

#### (a) Report violations

Except as provided in subsection (b) of this section, a licensee which violates any regulation or written directive issued by the Administrator, requiring the filing of any regular or special report pursuant to section 687b(b) of this title, shall forfeit and pay to the United States a civil penalty of not more than $100 for each and every day of the continuance of the licensee's failure to file such report, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The civil penalties provided for in this section shall accrue to the United States and may be recovered in a civil action brought by the Administration.

#### (b) Exemption from reporting requirements

The Administration may by rules and regulations, or upon application of an interested party, at any time previous to such failure, by order, after notice and opportunity for hearing, exempt in whole or in part, any small business investment company from the provisions of subsection (a) of this section, upon such terms and conditions and for such period of time as it deems necessary and appropriate, if the Administration finds that such action is not inconsistent with the public interest or the protection of the Administration. The Administration may for the purposes of this section make any alternative requirements appropriate to the situation.

(Pub. L. 85–699, title III, §315, as added Pub. L. 89–779, §7, Nov. 6, 1966, 80 Stat. 1364.)
(logo)**Prudential**

**PrudentialAsset Resources**

PGIMReal Estate Finance

2100Ross Avenue, Suite 2500, Dallas TX 75201

Tel214-777-4500

 

Abusiness of Prudential Financial, Inc.

 

WellsFargo Bank, National Association

CommercialMortgage Servicing

MACD1086

550South Tryon Street, 14th Floor

Charlotte,North Carolina 28202

Attention:Asset Manager

 

 

RE:         **RBS 2012-C7**

Period: **January 1, 2018 to December 31,2018(the "Reporting Period")**

 

 

**Annual ComplianceStatement**

 

I, Joni Brown-Haas, in my capacity asPresident and Managing Director of Prudential Asset Resources, Inc. (the"Company") hereby certify with regard to the Company's role asSub-Servicer under the Sub-Servicing Agreement, (the "Agreement")dated as of June 1, 2012, pertaining to the above-referenced certificates,that:

 

       (i)           areview of the activities of the Company under the Agreement  during theperiod noted above, and  of the performance of the Company under theAgreement during the  relevant  period  has been made under mysupervision, and

 

     (ii)           to thebest of my knowledge, based on such review, the Company has fulfilled all itsobligations under the Agreement throughout the relevant period, and

 

   (iii)           to thebest of my knowledge, based on such review, the Company has fulfilled itsobligations under its sub-servicing agreement in all material respects, and

 

    (iv)           theCompany has maintained an effective internal control system over the servicingof mortgage loans including the Loans serviced by the Company, and

 

     (v)           theCompany has not received any notice regarding qualification or challenging thestatus of the Lower Tier REMIC or the Upper Tier REMIC as a REMIC, from the IRSor any other governmental agency or body.

 

Effectiveas of February 22, 2019

 

 

/s/Joni Brown-Haas

JoniBrown-Haas

Presidentand Managing Director

PrudentialAsset Resources, Inc.
Editorial Note on Part 12
Editorial Note: Nomenclature changes to part 12 appear at 69 FR 32438, June 10, 2004.

§ 12.63 Contents of Owner's Dam Safety Program. The Owner's Dam Safety Program shall contain, at a minimum, the following sections: ( a ) Dam safety policy, objectives, and expectations;
( b ) Responsibilities for dam safety;
( c ) Dam safety training program;
( d ) Communication, coordination, reporting, and reports;
( e ) Record keeping and databases; and
( f ) Continuous improvement.
Exhibit






Exhibit 10.23
Directors’ Compensation Summary Sheet
	
									
	 
	Board
	 
	Chairman of

	 
	Members
	 
	the Board

	Annual Retainer
	$
	100,000
	

	(1) 
	 
	$
	180,000
	


	 
	 
	 
	 
	 

	 
	 
	 
	 
	 

	Committee Chairs
	 
	 
	 
	 

	Audit Committee
	$
	25,000
	

	 
	 
	—
	


	Compensation Committee
	$
	15,000
	

	 
	 
	—
	


	Nominating & Governance Committee
	$
	8,000
	

	 
	 
	—
	


	FIRM Committee
	$
	8,000
	

	 
	 
	—
	


	 
	 
	 
	 
	 

	Stock Grants (2)
	$
	140,000
	

	 
	 
	$
	240,000
	







(1)   Members of Board sub-group regarding acquisitions receive an additional cash annual retainer of $10,000 each. 
(2)   Number of shares issued based upon FMV on date of grant.
§ 367.81 Maintenance. ( a ) The cost of maintenance chargeable to the various operating expense and clearing accounts includes labor, materials, overheads and other expenses incurred in maintenance work. A list of work operations applicable generally to service company property is included in paragraph (d) of this section. Other work operations applicable to specific classes of property are listed in functional maintenance expense accounts.
( b ) Materials recovered in connection with the maintenance of property must be credited to the same account to which the maintenance cost was charged.
( c ) Maintenance of property leased from others must be treated as provided in operating expense instruction in § 367.82.
( d ) This account must include the following items: ( 1 ) Direct field supervision of maintenance.
( 2 ) Inspecting, testing, and reporting on condition of property specifically to determine the need for repairs, replacements, rearrangements and changes and inspecting and testing the adequacy of repairs which have been made.
( 3 ) Work performed specifically for the purpose of preventing failure, restoring serviceability or maintaining life of property.
( 4 ) Rearranging and changing the location of property.
( 5 ) Repairing for reuse materials recovered from property.
( 6 ) Testing for locating and clearing trouble.
( 7 ) Net cost of installing, maintaining, and removing temporary facilities to prevent interruptions in service.
( 8 ) Replacing or adding minor items of plant which do not constitute a retirement unit. (*See* Service Company Property Instruction in § 367.59.)
§ 382.105 Waiver. ( a ) *Filing of petition.* Any annual charges bill recipient may submit a petition for waiver of the regulations in this part. An original and two copies of a petition for waiver must include evidence, such as a financial statement, clearly showing either that the petitioner does not have the money to pay all or part of the annual charge, or, if the petitioner does pay the annual charge, that the petitioner will be placed in financial distress or emergency. Petitions for waiver must be filed with the Office of the Secretary of the Commission within 15 days of issuance of the bill.
( b ) *Decision on petition.* The Commission or its designee will review the petition for waiver and then will notify the applicant of its grant or denial, in whole or in part. If the petition is denied in whole or in part, the annual charge becomes due 30 days from the date of notification of the denial.
STAKEHOLDER ANNOUNCEMENT

Brodziski Named Acting Administrator of Rural Business-Cooperative Service 

WASHINGTON, March 4, 2020 – U.S. Department of Agriculture (USDA) Deputy Under Secretary for Rural 

Development Bette Brand announced Mark Brodziski is now serving as Acting Administrator of Rural 

Development’s Rural Business-Cooperative Service (RBCS). 

Brodziski began his career with USDA in 1983 at the Farmers Home Administration office and worked at 

several Rural Development county and state offices before becoming the Wisconsin State Rural Development 

Business and Community Programs Director in 1997. 

In 2011 he joined the RBCS National Office in Washington, DC to serve as Director of the Specialty Programs 

Division and later served as Director of the Energy Division. Brodziski most recently served as Deputy 

Administrator of RBCS. 

USDA encourages stakeholders to reach out to Brodziski in his interim role to build-on existing partnerships 

and facilitate new ones. 

# 

USDA is an equal opportunity provider, employer and lender.
### §77z–2a. Conflicts of interest relating to certain securitizations

#### (a) In general

An underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity, of an asset-backed security (as such term is defined in section 78c of this title, which for the purposes of this section shall include a synthetic asset-backed security), shall not, at any time for a period ending on the date that is one year after the date of the first closing of the sale of the asset-backed security, engage in any transaction that would involve or result in any material conflict of interest with respect to any investor in a transaction arising out of such activity.

#### (b) Rulemaking

Not later than 270 days after July 21, 2010, the Commission shall issue rules for the purpose of implementing subsection (a).

#### (c) Exception

The prohibitions of subsection (a) shall not apply to—

(1) risk-mitigating hedging activities in connection with positions or holdings arising out of the underwriting, placement, initial purchase, or sponsorship of an asset-backed security, provided that such activities are designed to reduce the specific risks to the underwriter, placement agent, initial purchaser, or sponsor associated with positions or holdings arising out of such underwriting, placement, initial purchase, or sponsorship; or

(2) purchases or sales of asset-backed securities made pursuant to and consistent with—

(A) commitments of the underwriter, placement agent, initial purchaser, or sponsor, or any affiliate or subsidiary of any such entity, to provide liquidity for the asset-backed security, or

(B) bona fide market-making in the asset backed security.

#### (d) Rule of construction

This subsection 1 shall not otherwise limit the application of section 78o–11 of this title.

(May 27, 1933, ch. 38, title I, §27B, as added Pub. L. 111–203, title VI, §621(a), July 21, 2010, 124 Stat. 1631.)

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

#### Effective Date

Pub. L. 111–203, title VI, §621(b), July 21, 2010, 124 Stat. 1632, provided that: "Section 27B of the Securities Act of 1933 [15 U.S.C. 77z–2a], as added by this section, shall take effect on the effective date of final rules issued by the [Securities and Exchange] Commission under subsection (b) of such section 27B, except that subsections (b) and (d) of such section 27B shall take effect on the date of enactment of this Act [July 21, 2010]."

1 So in original. Probably should be "section".
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          37,908
<SECURITIES>                                         0
<RECEIVABLES>                                    2,228
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 476,902
<CURRENT-LIABILITIES>                                0
<BONDS>                                        118,790
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           210
<OTHER-SE>                                     347,404
<TOTAL-LIABILITY-AND-EQUITY>                   476,902
<SALES>                                              0
<TOTAL-REVENUES>                                 8,721
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,842
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,203
<INCOME-PRETAX>                                    598
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                598
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       598
<EPS-BASIC>                                        .03
<EPS-DILUTED>                                      .03


</TABLE>
# C_2011179EN.01001601.xml

| 18.6.2011 | EN | Official Journal of the European Union | C 179/16 |
| --- | --- | --- | --- |

18.6.2011

EN

Official Journal of the European Union

C 179/16

---

Order of the President of the General Court of 13 April 2011 — Socitrel v Commission

(Case T-413/10 R)

(Application for interim measures - Competition - Commission decision imposing a fine - Bank guarantee - Application for suspension of operation - Pecuniary damage - No exceptional circumstances - No urgency)

2011/C 179/28

Language of the case: Portuguese

Parties

Parties

Applicant: Socitrel — Sociedade Industrial de Trefilaria, SA (Trofa, Portugal) (represented by: F. Proença de Carvalho and T. Luísa de Faria, lawyers)

Applicant:

Defendant: European Commission (represented by: F. Castillo de la Torre, V. Bottka and P. Costa de Oliveira, Agents, and M. Marques Mendes, lawyer)

Defendant:

Re:

Re:

Application for suspension of the operation of Commission Decision C(2010) 4387 final of 30 June 2010 relating to a procedure pursuant to Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/38.344 — Prestressed steel) and for waiver of the obligation to establish a bank guarantee in order to prevent the immediate recovery of the fine imposed under Article 2 of that decision.

Operative part of the order

Operative part of the order

The Court hereby orders:

| 1. | The application for interim measures is dismissed; |
| --- | --- |

1.

The application for interim measures is dismissed;

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---
# C_2011120EN.01000401.xml

| 16.4.2011 | EN | Official Journal of the European Union | C 120/4 |
| --- | --- | --- | --- |

16.4.2011

EN

Official Journal of the European Union

C 120/4

---

Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 10 January 2011 — WEGO Landwirtschaftliche Schlachtstellen GmbH v Hauptzollamt Hamburg-Jonas

(Case C-10/11)

2011/C 120/06

Language of the case: German

Referring court

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: WEGO Landwirtschaftliche Schlachtstellen GmbH

Applicant:

Defendant: Hauptzollamt Hamburg-Jonas

Defendant:

Question referred

Question referred

Is the Hauptzollamt (Principal Customs Office) responsible for paying a refund bound by the subsequent amendment made by the customs office of export to the information entered in box 2 of the export declaration or in the T5 control copy? (1)

1

---

(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p.1).

1

---
### §1824a. Export of horses

#### (a) Restriction on export of horses

Notwithstanding any other provision of law, no horse may be exported by sea from the United States, or any of its territories or possessions, unless such horse is part of a consignment of horses with respect to which a waiver has been granted under subsection (b).

#### (b) Granting of waivers

The Secretary of Commerce, in consultation with the Secretary of Agriculture, may issue regulations providing for the granting of waivers permitting the export by sea of a specified consignment of horses, if the Secretary of Commerce, in consultation with the Secretary of Agriculture, determines that no horse in that consignment is being exported for purposes of slaughter.

#### (c) Penalties

#### (1) Criminal penalty

Any person who knowingly violates this section or any regulation, order, or license issued under this section shall be fined not more than 5 times the value of the consignment of horses involved or $50,000, whichever is greater, or imprisoned not more than 5 years, or both.

#### (2) Civil penalty

The Secretary of Commerce, after providing notice and an opportunity for an agency hearing on the record, may impose a civil penalty of not to exceed $10,000 for each violation of this section or any regulation, order, or license issued under this section, either in addition to or in lieu of any other liability or penalty which may be imposed.

(Mar. 3, 1891, ch. 521, §3, as added Pub. L. 99–64, title I, §125, July 12, 1985, 99 Stat. 156.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Horse Protection Act of 1970 which comprises this chapter.

Section was classified to section 466c of the former Appendix to Title 46, prior to the completion of the enactment of Title 46, Shipping, by Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485.

#### Prior Provisions

Provisions similar to those in this section were contained in section 7(j) of Pub. L. 96–72, formerly classified to section 4606(j) of Title 50, War and National Defense, prior to the amendment of section 7(j) of that Act by Pub. L. 99–64, which enacted this section.