alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 120
Editorial Note: Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

§ 120.644 Transfers of Certificates. ( a ) *General rule.* Certificates are transferable. Transfers in the Secondary Market must comply with Article 8 of the Uniform Commercial Code of the State of New York. The seller must use the detached form of assignment (SBA Form 1088), unless the seller and purchaser choose to use another form which the SBA approves. The FTA may refuse to issue a Certificate until it is satisfied that the documents of transfer are complete.
( b ) *Transfer on FTA records.* In order for the transfer of a Certificate to be effective the FTA must reflect it on its records.
( c ) *Contents of letter of transmittal accompanying the transfer of Certificates.* ( 1 ) A letter of transmittal must accompany each Certificate which a Registered Holder submits to the FTA for transfer. The Registered Holder must supply the following information in the letter: ( i ) Pool number, if applicable;
( ii ) Certificate number;
( iii ) Name of purchaser of Certificate;
( iv ) Address and tax identification number of the purchaser;
( v ) Name and telephone number of the person handling or facilitating the transfer;
( vi ) Instructions for the delivery of the new Certificate.
( 2 ) The Registered Holder must also send the fee which the FTA charges for this service. The FTA will supply fee information to the Registered Holder.
( d ) *Lender cannot purchase guaranteed portion of loan it made.* The Lender (or its Associate) that made a 7(a) guaranteed loan cannot purchase the guaranteed portion of that loan in the Secondary Market. If a Lender does purchase the guaranteed portion of one of its own loans, it shall not have the unconditional guarantee of SBA.
### §6684. Assessable penalties with respect to liability for tax under chapter 42

If any person becomes liable for tax under any section of chapter 42 (relating to private foundations and certain other tax-exempt organizations) by reason of any act or failure to act which is not due to reasonable cause and either—

(1) such person has theretofore been liable for tax under such chapter, or

(2) such act or failure to act is both willful and flagrant,

then such person shall be liable for a penalty equal to the amount of such tax.

(Added Pub. L. 91–172, title I, §101(c), Dec. 30, 1969, 83 Stat. 519; amended Pub. L. 100–203, title X, §10712(c)(4), Dec. 22, 1987, 101 Stat. 1330–467.)

#### **Editorial Notes**

#### Amendments

1987—Pub. L. 100–203 inserted "and certain other tax-exempt organizations" after "private foundations" in parenthetical.

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

#### Effective Date of 1987 Amendment

Amendment by Pub. L. 100–203 applicable to taxable years beginning after Dec. 22, 1987, see section 10712(d) of Pub. L. 100–203, set out as an Effective Date note under section 4955 of this title.

#### Effective Date

Section effective Jan. 1, 1970, see section 101(k)(1) of Pub. L. 91–172, set out as a note under section 4940 of this title.
### §7444. Organization

#### (a) Seal

The Tax Court shall have a seal which shall be judicially noticed.

#### (b) Designation of chief judge

The Tax Court shall at least biennially designate a judge to act as chief judge.

#### (c) Divisions

The chief judge may from time to time divide the Tax Court into divisions of one or more judges, assign the judges of the Tax Court thereto, and in case of a division of more than one judge, designate the chief thereof. If a division, as a result of a vacancy or the absence or inability of a judge assigned thereto to serve thereon, is composed of less than the number of judges designated for the division, the chief judge may assign other judges to the division or direct the division to proceed with the transaction of business without awaiting any additional assignment of judges thereto.

#### (d) Quorum

A majority of the judges of the Tax Court or of any division thereof shall constitute a quorum for the transaction of the business of the Tax Court or of the division, respectively. A vacancy in the Tax Court or in any division thereof shall not impair the powers nor affect the duties of the Tax Court or division nor of the remaining judges of the Tax Court or division, respectively.

(Aug. 16, 1954, ch. 736, 68A Stat. 880.)
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. § 1350, AS ADOPTED PURSUANT TO § 906OF THE SARBANES-OXLEY ACT OF 2002**

** **

In connection with thefiling of the Quarterly Report on Form 10-Q of Michaels Stores, Inc.,a Delaware corporation (the “Company”), for the period ended November 1,2008, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), each of the undersigned officers of the Company certifies,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, to such officer’s knowledge:

 

# 1.     TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

#  

# 2.     Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Date:  December 10, 2008 |   | /s/ Brian C. Cornell                                                                                 |
|-----------------------------------------|--------|------------------------------------------------------------------------------------------------------|
|                                    |   | Brian C. Cornell  Chief Executive Officer  (Principal Executive Officer)                             |
|                                    |   |                                                                                                 |
|                                    |   | /s/ Elaine D. Crowley                                                                                |
|                                    |   | Elaine D. Crowley  Executive Vice President - Chief Financial Officer  (Principal Financial Officer) |

 

The foregoing certification is beingfurnished solely pursuant to 18 U.S.C. § 1350 and is not being filed aspart of the Report or as a separate disclosure document.

 

----
IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court Cause No. DA 21-0148

JOHN CLAYTON ELLINGHOUSE,

Appellant,

v.

STATE OF MONTANA,

Appellee.

ORDER DISMISSING APPEAL

Appellant’s Motion to Dismiss is GRANTED. 

IT IS ORDERED that this appeal is dismissed with prejudice.

DATED this _____ day of June 2021.

Supreme Court Justice 

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

June 17 2021

06/17/2021

Case Number: DA 21-0148
Opinion filed November 12 , 2015



### In The 

# Eleventh Court of Appeals

__________ No. 11

- 1 3

- 00 3 5 2

- C V

__________ A 5 ACRE TRACT OF LAND AND ALL IMPROVEMENTS THEREUPON, BEARING T HE ADDRESS: 1483 FRI ENDSHIP ROAD, WEATHERFORD, P ARKER COUNTY, TEXAS 76085 , Appellant V. THE STATE OF TEXAS , Appellee

On Appeal from the 43rd District Court Parker County , Texas Trial Court Cause No. CV12

- 0 976

M E M O R A N D U M O P I N I O N
This is an appeal from a civil forfeiture proceeding brought by the State

aga inst a five

- acre tract of land and all improvements thereupon belonging to Jimmy Wayne Mack. 1 The trial court found that the five acres and all improvements were

1 Under a docket equalization order, the Supreme Court of Texas transferred this appeal from the Second Court of Appeals to the Eleventh Court of Appeals. As required under T EX

. R. A PP

. P. 41.3, we will decide this case in accordance with the precedent of t he Second Court of Appeals.2

contraband under Chapter 59 of the Texas Code of Criminal Procedure 2 and ordered that they be forfeited. See C RIM

. P RO C

. art . 59 .02

. In one point of error
, Appellant appeals the trial court’s denial of his motion to dismiss the forfeiture proceedings

. We affirm. 3 Appellant argues that the trial court erred when it denied his motion to dismiss because the State did not commence the forfeiture proceedings within the applicable
statute of limitations

. However, t he State contends that Appellant waived the
defense because he did not affirma tively ple a d the defense of limitations. We agree
with the State. The statute of limitations is an affirmative defense, and to preserve error on appeal, Appellant must have affirmatively plead ed the defense. T EX

. R.
C IV

. P. 94 ; Woods v. William M. Merce r, Inc. , 769 S.W.2d 515, 517 (Tex. 1988). Appellant failed to plead an affirmative defense in his original answer , and no amended or supplemental pleadings were filed. Therefore, we hold that Appellant
waived the defense of limitations. We overrule Appellant’s sole point of error

. We affirm the judgment of the trial court.

JIM R. WRIGHT
CHIEF JUSTICE

November 12 , 2015 Panel consists of: Wright, C.J., W ill son , J ., and Bailey, J.

2 T EX

. C ODE C RIM

. P ROC

. A NN

. ch. 59 (West 2006 & Supp. 2014).

3 On this same day in companion cases
, 1998 Black Mitsubishi 3000 GT, Texas LP #811PKJ, V IN JA3AM44H9WY001446

, et al

. v. State , No. 11

- 13

- 00350

- CV, and 2000 Black Ford F

- 150, Texas License Plate 21LKN5, VIN: 1FTRX18L6YKA80489, et al. v. State , No. 11

- 13

- 00353

- CV , we have affirmed the judgments in which Appellant was ordered to forfeit personal property to the State in trial court cause

nos. CV12

- 0542 and CV12

- 0538

.
United States Court of Appeals 

For the Seventh Circuit

Chicago, Illinois 60604

            Argued November 7, 2017

Decided May 16, 2018

Before

FRANK H. EASTERBROOK, Circuit Judge

ILANA DIAMOND ROVNER, Circuit Judge

DAVID F. HAMILTON, Circuit Judge

No. 16‐3112

UNITED STATES OF AMERICA,

Plaintiff‐Appellee,

v.

DEANGELO ANDERSON,

Defendant‐Appellant.

Appeal from the United States District Court

for the Eastern District of Wisconsin.

No. 2:14‐cr‐00186‐LA‐2

Lynn Adelman,

Judge.

O R D E R

Deangelo Anderson filed an appeal from his conviction and sentence, and on

February 2, 2018 we upheld his conviction but ordered a limited remand as to his

sentence so that the district court could determine whether it would have imposed the

same sentence knowing that it could consider the mandatory sentence in light of Dean v.

United States, 137 S. Ct. 1170 (2017).  The district court responded that it would have

imposed the same sentence, and we provided the parties an opportunity to respond.  

On May 9, 2018, the parties filed a joint statement agreeing that Anderson’s argument

regarding Dean has been resolved and stating that, because we had already rejected

Anderson’s other arguments, the judgment of the district court should be affirmed.  We

agree.

The judgment of the district court is AFFIRMED.

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with Fed. R. App. P. 32.1
UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case Number: 20-22566-CIV-MORENO

ANTHONY BRIAN JONES, 

Movant,

vs.

UNITED STATES OF AMERICA,

Respondent.

_________________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION 

THE MATTER was referred to the Honorable Lisette M. Reid, United States Magistrate 

Judge, for a Report and Recommendation on Plaintiff's Motion Under 28 U.S.C. 2255 to Vacate, 

Set Aside, or Correct Sentence by a Person in Federal Custody, filed on June 22, 2020. The 

Magistrate Judge filed a Report and Recommendation (D.E. 5) on August 7, 2020. The Court has 

reviewed the entire file and record. The Court has made a de novo review of the issues presented 

in the Magistrate Judge’s Report and Recommendation. The Court notes that no objections have 

been filed and the time for doing so has now passed. Being otherwise fully advised in the premises, 

it is 

ADJUDGED that Magistrate Judge Reid’s Report and Recommendation is AFFIRMED 

and ADOPTED. Accordingly, it is

ADJUDGED that Plaintiff's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct 

Sentence by a Person in Federal Custody is DENIED as time-barred. Alternatively, the motion is 

denied on the merits as set forth in the Report and Recommendation and the Court finds it 

appropriate to deny the request for an evidentiary hearing. It is further

Case 1:20-cv-22566-FAM Document 6 Entered on FLSD Docket 08/26/2020 Page 1 of 2
2

ADJUDGED that no certificate of appealability issue.

DONE AND ORDERED in Chambers at Miami, Florida, this 26th of August 2020.

______________________________________

FEDERICO A. MORENO

UNITED STATES DISTRICT JUDGE

Copies furnished to:

United States Magistrate Judge Lisette M. Reid

Counsel of Record

Anthony Brian Jones

13391-104 

Hazelton-USP 

United States Penitentiary 

Inmate Mail/Parcels 

Post Office Box 5000 

Bruceton Mills, WV 26525 

PRO SE

Case 1:20-cv-22566-FAM Document 6 Entered on FLSD Docket 08/26/2020 Page 2 of 2
### §5853. Transfer and making tax exemption available to certain governmental entities

#### (a) Transfer

A firearm may be transferred without the payment of the transfer tax imposed by section 5811 to any State, possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations.

#### (b) Making

A firearm may be made without payment of the making tax imposed by section 5821 by, or on behalf of, any State, or possession of the United States, any political subdivision thereof, or any official police organization of such a government entity engaged in criminal investigations.

#### (c) Right to exemption

No firearm may be transferred or made exempt from tax under this section unless the transfer or making is performed pursuant to an application in such form and manner as the Secretary may by regulations prescribe.

(Added Pub. L. 90–618, title II, §201, Oct. 22, 1968, 82 Stat. 1233; amended Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5853, act Aug. 16, 1954, ch. 736, 68A Stat. 728, related to importing firearms illegally, prior to the general revision of this chapter by Pub. L. 90–618. See section 5861(k) of this title and section 922(a) of Title 18, Crimes and Criminal Procedure.

Provisions similar to those comprising this section were contained in prior section 5821, act Aug. 16, 1954, ch. 736, 68A Stat. 724, as amended by act Sept. 2, 1958, Pub. L. 85–859, title II, §203(d), 72 Stat. 1427, prior to the general revision of this chapter by Pub. L. 90–618.

#### Amendments

1976—Subsec. (c). Pub. L. 94–455 struck out "or his delegate" after "Secretary".
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### §5610. Disposal of forfeited equipment and material for distilling

All boilers, stills, or other vessels, tools and implements, used in distilling or processing, and forfeited under any of the provisions of this chapter, and all condemned material, together with any engine or other machinery connected therewith, and all empty barrels, and all grain or other material suitable for fermentation or distillation, shall be sold at public auction or otherwise disposed of as the court in which forfeiture was recovered shall in its discretion direct.

(Added Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1404; amended Pub. L. 96–39, title VIII, §807(a)(54), July 26, 1979, 93 Stat. 289.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5610, act Aug. 16, 1954, ch. 736, 68A Stat. 685, related to penalty for using unregistered materials for producing spirits, prior to the general revision of this chapter by Pub. L. 85–859. See section 5603 of this title.

Provisions similar to those comprising this section were contained in prior section 5622, act Aug. 16, 1954, ch. 736, 68A Stat. 687, prior to the general revision of this chapter by Pub. L. 85–859.

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

#### Amendments

1979—Pub. L. 96–39 substituted "or processing" for "or rectifying".

#### Effective Date of 1979 Amendment

Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as a note under section 5001 of this title.
### [§124. Repealed. Pub. L. 101–508, title XI, §11801(a)(9), Nov. 5, 1990, 104 Stat. 1388–520]

Section, added Pub. L. 95–618, title II, §242(a), Nov. 9, 1978, 92 Stat. 3193, related to qualified transportation provided by employers.

A prior section 124 was renumbered section 140 of this title.

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

#### Savings Provision

For provisions that nothing in repeal by Pub. L. 101–508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101–508, set out as a note under section 45K of this title.
Exhibit 4.390

 

/Emblem of the Russian Federation/

 

FEDERAL SERVICE FOR SUPERVISION IN THE SPHERE OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND MASS MEDIA

 

LICENSE

 

No. 181007 dated March 31, 2020

 

For Rendering

 

Data transmission services, except for data transmission services for the purpose of voice transmission

 

This License is granted to

 

Limited Liability Company

 

Zelenaya Tochka Vladivistok (Zelenaya Tochka Group)

 

Primary State Registration Number of a Legal Entity 
 (Individual Entrepreneur) (OGRN, OGRNIP)

 

1152536001298

 

Tax Identification Number (TIN)

 

2536280071

 











 

Location address (place of residence):

 

11, Zhigura str., Vladivistok, Primorsky region, 690088

 

The territory covered by telecommunications services is specified in the Appendix.

 

This License is granted for a term:

 

until March 31, 2025.

 

This License is granted by decision of the licensing body - Order dated February 19, 2020 No. 68-рчс

 

Appendix being an integral part of this license is executed on 2 sheets.

 

	
Deputy Head
    	
/signature/   A.А. Pankov
    
	
 
    	
 
    
	
Stamp   here 
    	
 
    
	
Official seal:
  MINISTRY OF TELECOM AND MASS 
   COMMUNICATIONS 
   OF THE RUSSIAN FEDERATION
   FEDERAL SERVICE FOR SUPERVISION 
   IN THE SPHERE 
   OF COMMUNICATIONS, INFORMATION 
   TECHNOLOGY 
   AND MASS MEDIA 
   PSRN 1087746736296
    	
 
    


 

CN 118067
EXHIBIT 23.1





CONSENT OF LARRY O’DONNELL, CPA, P.C.





LARRY O’DONNELL, CPA, P.C.





Telephone (303) 745-4545
2228 South Fraser StreetFax (303) 369-9384
Unit IEmail larryodonnellcpa@comcast.net
Aurora, Colorado  80014www.larryodonnellcpa.com




April 14, 2010





Board of Directors


Global Entertainment Holdings, Inc.


2375 E. Tropicana Ave., #8-259


Las Vegas, Nevada 89119





Gentlemen:





We hereby consent to the use of our audit report of Global Entertainment Holdings for the year ended December 31, 2009, appearing in this Annual Report on Form 10-K of Global Entertainment Holdings, Inc. for the year ended December 31, 2009.








/s/ Larry O’Donnell & Co., CPA, P.C.


Larry O’Donnell & Co., CPA, P.C.
Exhibit 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I, Robert Spivak, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Grill Concepts, Inc. on Form 10-Q/A for the quarterly period ended
March 28, 2004 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and that information contained in such Form
10-Q fairly presents in all material respects the financial condition and
results of operations of Grill Concepts, Inc.


                                        By:   _____________
                                        Name: Robert Spivak
                                        Title: Chief Executive Officer
                                        October 13, 2004


                                        1
<PAGE>
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>        5
<MULTIPLIER>  1000

                           EXHIBIT II
                      VIANET TECHNOLOGIES, INC.
              FINANCIAL DATA SCHEDULE - EXHIBIT 27

<S>                                       <C>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             MAR-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                             135
<SECURITIES>                                         0
<RECEIVABLES>                                    1,496
<ALLOWANCES>                                         0
<INVENTORY>                                      2,632
<CURRENT-ASSETS>                                 4,508
<PP&E>                                           2,171
<DEPRECIATION>                                     103
<TOTAL-ASSETS>                                  12,629
<CURRENT-LIABILITIES>                            5,896
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,939
<OTHER-SE>                                     (1,469)
<TOTAL-LIABILITY-AND-EQUITY>                    12,629
<SALES>                                            892
<TOTAL-REVENUES>                                   963
<CGS>                                              461
<TOTAL-COSTS>                                    1,818
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 143
<INCOME-PRETAX>                                  (998)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (998)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (998)
<EPS-BASIC>                                     (0.24)
<EPS-DILUTED>                                   (0.24)


</TABLE>