alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 44

#### Editorial Note:

Nomenclature changes to part 44 appear by T.D. ATF-464, 66 FR 43480, Aug. 20, 2001, and T.D. ATF-480, 67 FR 30801-30803, May 8, 2002.

#### § 44.264a To a foreign-trade zone.

Where cigars are withdrawn from a customs warehouse for delivery to a foreign-trade zone, under zone restricted status for the purpose of exportation or storage, the customs warehouse proprietor making the shipment shall forward two copies of the notice of removal, Form 5200.14, to the customs officer in charge of the zone. Upon receipt of the shipment, the customs officer shall execute the certificate of receipt on each copy of the form, noting thereon any discrepancy, retain one copy for his records, and forward the other copy to the customs warehouse proprietor making the shipment for filing with the appropriate TTB officer.

[T.D. 6564, 26 FR 4362, May 19, 1961. Redesignated at 40 FR 16835, Apr. 15, 1975, as amended by T.D. ATF-421, 64 FR 71926, Dec. 22, 1999]
Exhibit 99.9




                       GE CAPITAL MORTGAGE SERVICES, INC.
            OFFICERS' ANNUAL COMPLIANCE CERTIFICATE - SERIES 1998-8A


         The undersigned,  Vice Presidents of GE Capital Mortgage Services, Inc.
(the "Servicer"), pursuant to the Pooling and Servicing Agreement for the Series
1998-8A REMIC Multi-Class Mortgage  Pass-Through  Certificates (the "Agreement")
entered into by GE Capital Mortgage Services,  Inc., as Seller and Servicer, and
State Street Bank and Trust Company,  as Trustee,  which  Agreement  requires an
annual  statement of  compliance  to be made to the Trustee by an officer of the
Servicer, hereby state that:

         (i)      a  review  of  the  activities  of  the  Servicer  during  the
                  preceding  calendar  year  and of its  performance  under  the
                  Agreement  has  been  made  under  the  undersigned  officers'
                  supervision; and

         (ii)     to the best of the undersigned  officers' knowledge,  based on
                  such review,  the Servicer has  fulfilled  all of its material
                  obligations  under the Agreement  throughout such year, except
                  as set forth on Exhibit A hereto.

Capitalized  terms used  herein but not  defined  herein  shall have the meaning
given to them in the Agreement.


Dated:            March 24, 1999




By:/s/ Gregory A. Gibson      
------------------------------
         Gregory A. Gibson
         Vice President


By:/s/ Tim Neer               
------------------------------
         Tim Neer
         Vice President



<PAGE>



                                    EXHIBIT A





                                      None
#### Julius Schwartz, Respondent, v. Hooker Electro-Chemical Company, Appellant.

Order modified.so as to permit plaintiff to have an inspection of the machine on which he was injured, and its several parts, on condi*938tion that plaintiff pay to defendant the expense of employing a machinist from the shops where said machine was made, to take down the machine and, after the inspection, to set it up again; also modified as to provisions as to photographs and models; and as so modified affirmed, without costs of this appeal to either party. Order to be settled before Mr. Justice Foote on two days’ notice. All concurred.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY

 9,553

 9,682

 9,788

 9,906

 10,020

 10,129

 10,252

 10,330

 10,436

 10,540

 10,642

 10,753

 10,660

 10,460

 10,341

 10,306

 10,395

 10,496

 10,486

 10,475

 10,330

 10,301

 10,382

 10,470

 10,561

 10,590

 10,660

 10,571

 10,525

 10,519

 10,454

 46,206

 45,436

 44,660

 43,872

 43,095

 42,321

 41,548

 41,015

 40,543

 39,118

 38,175

 37,250

 36,558

 35,901

 35,172

 34,359

 33,424

 32,491

 31,673

 30,833

 30,437

 29,631

 28,710

 27,770

 26,819

 25,978

 25,023

 24,247

 23,419

 22,770

 22,379

STORAGE - A.F. 

 55,759

 55,118

 54,448

 53,778

 53,115

 52,450

 51,800

 51,345

 50,979

 49,658

 48,817

 48,003

 47,218

 46,361

 45,513

 44,665

 43,819

 42,987

 42,159

 41,308

 40,767

 39,932

 39,092

 38,240

 37,380

 36,568

 35,683

 34,818

 33,944

 33,289

 32,833

1,185

743

609

914

428

378

773

884

282

830

462

457

877

486

634

685

1,019

426

775

559

1,341

17

972

651

74

616

1,012

19

376

787

132

854

419

271

576

93

42

445

655

98

164

38

47

482

54

206

257

1,364

-461

948

130

1,068

-404

549

221

-360

207

566

-417

-87

457

-98

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 1999 FULL NATURAL FLOW AT NEW MELONES DAM RUN DATE: January 25, 2000

TOTALS -23,583 8,384

* October 1, 16,630

 56.9

 57.7

 58.2

 59.4

 59.6

 59.7

 60.5

 61.8

 62.0

 62.4

 62.4

 62.5

 63.5

 63.6

 64.0

 64.5

 67.2

 66.3

 68.2

 68.4

 70.5

 69.7

 70.8

 71.3

 70.6

 71.0

 72.1

 71.3

 71.1

 72.0

 71.8

DONNELLS

RES

BEARDSLEY

RES

1999 TO DATE

NEW

MELONES

INFLOW

C.F.S

NATURAL

RIVER

C.F.S

ACCUM *

FULL

NATURAL

1000 A.F.

RESERVOIR

TOTAL

-657

-641

-670

-670

-663

-665

-650

-455

-366

-1,321

-841

-814

-785

-857

-848

-848

-846

-832

-828

-851

-541

-835

-840

-852

-860

-812

-885

-865

-874

-655

-456

CHANGE

A.F. C.F.S.

-331

-323

-338

-338

-334

-335

-328

-229

-185

-666

-424

-410

-396

-432

-428

-428

-427

-419

-417

-429

-273

-421

-423

-430

-434

-409

-446

-436

-441

-330

-230
§ 7.234 Legibility of mandatory information. ( a ) Statements required under this subpart that appear in any written, printed, or graphic advertisement must be in lettering or type size sufficient to be conspicuous and readily legible.
( b ) In the case of signs, billboards, and displays the name and address or name and other contact information (such as, telephone number, website, or email) of the permittee responsible for the advertisement may appear in type size of lettering smaller than the other mandatory information, provided such information can be ascertained upon closer examination of the sign or billboard.
( c ) Mandatory information must be so stated as to be clearly a part of the advertisement and may not be separated in any manner from the remainder of the advertisement.
( d ) Mandatory information for two or more products shall not be stated unless clearly separated.
( e ) Mandatory information must be so stated in both the print and audiovisual media that it will be readily apparent to the persons viewing the advertisement.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yf i nds thi s c a s e s ui t abl e f

orde c i s i on w i thout ** o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). SZ/ R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. J OSE R UBEN NI ET O- RE SE ND I Z, D e f

e n d a n t - A p p e llan t. N o. 08- 50580 D. C. No . 3 : 0 7 - c r - 0 3 3 4 7 - J TM ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e S o u th e rn D is tr ic t o f C a lif o rn ia J e f f r e yT . M i l l e r , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d N ove m be r17, 2009 ** B efo re: A L A R C Ó N , T R O T T , an dT A S H IM A , C i rcu i tJu d g es. Jose R ub en N i et o-R es endi z app ea l s f rom the 45 -m on th sent ence i m po se d fol l ow i ng hi s gui l ty- pl eaconv i ct i on for bei ng a deport ed al i en foun d i n the U ni t ed 

# FI LED DE C 17 2009 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSS Z/ Res ea r ch 08- 50580 2 St a t e s , i n v i o l a t i o n o f

8 U . S. C. § 1 3 2 6 . W e h a v e j u r i s d i c t i o n p u r s u a n tt o 2 8 U . S. C. § 1 2 9 1 . W e a f

f irm , b u t r e m a n dto c o rr e c t th e ju d g m e n t. N i e t o- R e s e ndi z c ont e nds tha tthe di s tr i c tc ourte rr e d w he n i tappl i e d a16- l e ve l e nha nc e m e nt , pur s ua ntt o U . S . S . G . § 2L 1. 2, be c aus e hi s pr i orc onvi c t i on f or l ew d o r l as ci vi ou s a ct s w i th a chi l d u nd er14 ye ar s of a ge, i n v i ol at i on of C al . P enal C o d e § 2 8 8 ( a ) , d o e s n o t q u a lif ya s ac r im e o f

v io le n c e . H e c o n te n d s th a t Es tradaEspi no za v. Mukasey , 546 F . 3d 1147 ( 9th C i r . 2008) ( e n ba nc ) , ove rrul e d U ni ted States v . B ar on-Me di na , 187 F . 3d 1144 ( 9th C i r . 1999) , a nd U ni ted States v. Me d in a -M

a e lla , 351 F . 3d 944 ( 9th C i r . 2003) . T hi s c ont e nt i on i s f or e c l os e d by U n ite d S ta tes v . Me d in a - V

illa , 56 7 F . 3d 50 7, 51 1-16 (9th C i r. 20 09 ). I n a c c or da nc e w i th U

ni ted States v. R i ve ra-San chez , 222 F . 3d 1057, 1062 ( 9 th C ir . 2 0 0 0 ) , w e r e m a n dth e c a s e to th e d is tr ic t c o u rt w ith in s tru c tio n s th a t it d e le te f r o m th e ju d g m e n t th e in c o rr e c t r e f e r e n c e to § 1 3 2 6 ( b ) . See U ni ted States v. H erre ra-B lan co , 2 3 2 F .3 d7 1 5 , 7 1 9 ( 9 th C ir . 2 0 0 0 ) ( r e m a n d in g s u as p o n te to del et e the re fe re nce t o § 13 26 (b)) . A F F IR M E D ; R E M A N D E D to corre ctth e j u d gm en t.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
 Date of Report (Date of earliest event reported): July 1, 2011
 Irvine Sensors Corporation
  Delaware

001-08402

33-0280334(State or other jurisdiction
of incorporation)

(Commission File Number)

(IRS Employer Identification No.)
 3001 Red Hill Avenue, Costa Mesa, California

92626(Address of principal executive offices)

(Zip Code)
 (714) 549-8211
 N/A
 (Former name or former address, if changed since last report.)
  o

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))o

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



##### 



Item 1.01 Entry into a Material Definitive Agreement.
       Item 2.03
    
    Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet
Arrangement of a Registrant.
  Item 3.02. Unregistered Sales of Equity Securities.




---



##### 



Item 3.03. Material Modification to Rights of Security Holders.
  Item 9.01. Financial Statements and Exhibits.
     Exhibit No.
    
    Description of Exhibit10.1
    
    
    Form of 12% Subordinated Secured Convertible Notes due December 23, 2015 issued on July 1, 2011.10.2
    
    
    Security Agreement dated July 1, 2011.10.3
    
    
    Second Omnibus Amendment dated July 1, 2011.
 SIGNATURES
  IRVINE SENSORS CORPORATION

(Registrant)Dated: July 7, 2011
    
    /s/ JOHN J. STUART, JR.John J. Stuart, Jr. 
Senior Vice President and Chief Financial Officer
###### Editorial Note on Part 44

#### Editorial Note:

Nomenclature changes to part 44 appear by T.D. ATF-464, 66 FR 43480, Aug. 20, 2001, and T.D. ATF-480, 67 FR 30801-30803, May 8, 2002.

#### § 44.81 Persons required to qualify.

Every person who intends to engage in business as an export warehouse proprietor, as defined in this part, shall qualify as such in accordance with the provisions of this part.

(72 Stat. 1421; 26 U.S.C. 5711, 5712, 5713)
### §1228b. Coordination

The National Assessment Governing Board, the Advisory Council on Education Statistics, the National Education Goals Panel, and any other board established to analyze, address, or approve education content or student performance standards and assessments shall coordinate and interact with one another in order to ensure that each such entity does not duplicate activities to assist the States in reforming their educational systems.

(Pub. L. 90–247, title IV, §428, as added Pub. L. 103–382, title II, §237, Oct. 20, 1994, 108 Stat. 3917; amended Pub. L. 104–134, title I, §101(d) [title VII, §703(c)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–255; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 428 of Pub. L. 90–247 was renumbered section 435, and is classified to section 1231e of this title.

#### Amendments

1996—Pub. L. 104–134 struck out "the National Education Standards and Improvement Council," before "and any other board".
#### Laura Elliott, Appellant, v. Ida M. Setel, Respondent.

Judgment affirmed, with costs. All concur. (The judgment dismisses the complaint after motion by plaintiff’s attorney that a voluntary nonsuit be entered in a negligence action.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Kimball, JJ.
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44555

STATE OF IDAHO,

Plaintiff-Respondent,

v.

KEVIN NEIL CHARLES,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2017 Unpublished Opinion No. 494

Filed: June 22, 2017

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada

County. Hon. Deborah A. Bail, District Judge. 

Judgment of conviction and unified sentence of ten years, with a minimum period 

of confinement of two years, for domestic violence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, 

Deputy Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and MELANSON, Judge

________________________________________________

PER CURIAM

Kevin Neil Charles pled guilty to domestic violence. Idaho Code § 18-918(2), 18-903(a). 

The district court sentenced Charles to a unified term of ten years with two years determinate. 

Charles appeals asserting that the district court abused its discretion by imposing an excessive 

sentence.

Sentencing is a matter for the trial court’s discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Charles’s judgment of conviction and sentence are affirmed.
Editorial Note on Part 46
Editorial Note: Nomenclature changes to part 46 appear by T.D. ATF-457, 66 FR 32220, 32221, June 14, 2001.

§ 46.116 Issuance, distribution, and examination of special tax stamps. ( a ) *Issuance of special tax stamps.* Upon filing a properly executed return on TTB Form 5630.5t together with the full tax remittance, the taxpayer will be issued an appropriately designated special tax stamp. If the return covers multiple locations, TTB will send to the taxpayer's principal place of business (or principal office in the case of a corporate taxpayer) one appropriately designated stamp for each location listed on the attachment to TTB Form 5630.5t required by § 46.101(b)(2).
( b ) *Distribution of special tax stamps for multiple locations.* On receipt of the special tax stamps, the taxpayer must verify that there is one stamp for each location listed on the attachment to TTB Form 5630.5t and that the information on each stamp is correct. The taxpayer must then forward each stamp to the place of business designated on the stamp. Incorrect stamps must be returned to the appropriate TTB officer as provided in § 46.120.
( c ) *Examination of special tax stamps.* Each stamp denoting payment of special tax must be kept available for inspection by an appropriate TTB officer during business hours at the location for which the stamp is designated.
(26 U.S.C. 5732)
###### Editorial Note on Part 555

#### Editorial Note:

Nomenclature changes to part 555 appear by T.D. ATF-487, 68 FR 3748, Jan. 24, 2003.

#### § 555.53 License and permit not transferable.

Licenses and permits issued under this part are not transferable to another person. In the event of the lease, sale, or other transfer of the business or operations covered by the license or permit, the successor must obtain the license or permit required by this part before commencing business or operations. However, for rules on right of succession, see § 555.59.
Exhibit 31.2
                                  CERTIFICATION

I, Thomas Viertel, Chief Financial Officer of Presidential Realty Corporation
(the "Company") certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of the Company;

2.   Based on my knowledge, this quarterly 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 quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly report, fairly present in all
     material respects the financial condition, results of operations and
     cash flows of the Company as of, and for, the periods presented in this
     quarterly report;

4.   The Company's other certifying officer and I are responsible for
     establishing and maintaining disclosure controls and procedures (as
     defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company
     and we have:

     a) designed such disclosure controls and procedures to ensure that
        material information relating to the Company, including its
        consolidated subsidiaries, is made known to us by others within
        those entities, particularly during the period in which this
        quarterly report is being prepared;

     b) evaluated the effectiveness of the Company's disclosure controls and
        procedures and presented in this report our conclusions about the
        effectiveness of the disclosure controls and procedures, as of
        the end of the period covered by this report based on such
        evaluation; and

     c) disclosed in this report any changes in the Company's internal control
        over financial reporting that occurred during the Company's most
        recent fiscal quarter that has materially affected, or is
        reasonably likely to materially affect, the Company's internal
        control over financial reporting; and

5.   The Company's other certifying officer and I have disclosed, based on our
     most recent evaluation of internal control over financial reporting, to
     the Company's auditors and the Audit Committee of the Company's Board
     of Directors:

     a) all significant deficiencies and material weaknesses in the
        design or operation of internal control over financial reporting
        which are reasonably likely to adversely affect the Company's
        ability to record, process, summarize and report financial
        information; and

     b) any fraud, whether or not material, that involves management or
        other employees who have a significant role in the Company's
        internal control over financial reporting.

  DATE:  May 10, 2004                By: /s/ Thomas Viertel
                                         --------------------------
                                         Thomas Viertel
                                         Chief Financial Officer
###### Editorial Note on Part 26

#### Editorial Note:

Nomenclature changes to part 26 appear by T.D. ATF-451, 66 FR 21668, 21669, May 1, 2001.

#### § 26.125 Taxable.

When liquors and articles subject to tax are brought into the United States by tourists, the tax thereon shall be paid as provided in this subpart.
#### § 4.1 Service of process required to be served on or delivered to Secretary.

Summons, complaints, subpoenas, and other process which are required to be served on or delivered to the Secretary of Education shall be delivered to the General Counsel or a Deputy General Counsel, by mail at 400 Maryland Avenue SW., Washington, DC 20202 or by personal service at that address. The persons above designated are authorized to accept service of such process.

(Authority: 5 U.S.C. 301)

[47 FR 16780, Apr. 20, 1982]
#### Laurence D. Rumsey and Others, as Executors, etc., and Others, Respondents, v. The People of the State of New York and Victoria F. Rame and Others, Appellants.

Appeals dismissed, without costs, upon stipulation filed.
#### UNITED STATES of America, Plaintiff-Appellee, v. Gerardo De La ROSA-MENDOZA, also known as Mario Estrada-Martinez, Defendant-Appellant.

No. 05-41678.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided July 13, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gerardo De La Rosa-Mendoza raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 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.