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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

OCTOBER 23, 2006

THOMAS K. KAHN

CLERK

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 05-13315

Non-Argument Calendar

________________________

D. C. Docket No. 05-20199-CR-CMA

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

JOSE VALDEZ DOMINGUEZ, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(October 23, 2006)

Before DUBINA, CARNES and BARKETT, Circuit Judges

PER CURIAM:

Gustavo J. Garcia-Montes, retained counsel for Jose Valdez Dominguez in

this direct criminal appeal, has moved to withdraw from further representation of
2

the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87

S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record

reveals that counsel’s assessment of the relative merit of the appeal is correct. 

Because independent examination of the entire record reveals no arguable issues of

merit, counsel’s motion to withdraw is GRANTED, and Dominguez’s conviction

and sentence are AFFIRMED.
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Annual Report of HouseValues, Inc. (the “Company”) on Form 10-K forthe year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, R. Barry Allen, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and 

(2) The informationcontained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 

Dated: March 11,2008
Exhibit 99.5

Annual Certification

Re: Morgan Stanley ABS Capital I Inc. Trust 2004-HE5 (the "Trust"),
Mortgage Pass-Through Certificates, Series 2004-HE5, issued pursuant
to the Pooling and Servicing Agreement, dated as July 1, 2004 (the
"Pooling and Servicing Agreement"), by and among Morgan Stanley ABS
Capital I Inc., as depositor (the "Depositor"), Deutsche Bank National
Trust Company, as trustee (the "Trustee"), HomEq Servicing Corporation,
as servicer (the "Servicer"), and NC Capital Corporation, as responsible
party

I, Arthur Q. Lyon, certify to the Depositor and the Trustee, and their
officers, directors and affiliates, and with the knowledge and intent that
they will rely upon this certification, that:

A review of the activities of the Servicer during the 2004 calendar year
and the Servicer's performance under the Pooling and Servicing Agreement
has been made under my supervision, the Servicer has complied with the
Pooling and Servicing Agreement in all material respects and, to the best
of my knowledge, based on such review, the Servicer has materially fulfilled
all of its obligations under the Pooling and Servicing Agreement throughout
such calendar year.

Date: March 14, 2005

HomEq Servicing Corporation
/s/: Arthur Lyon
Arthur Q. Lyon
President
### §80509. Civil penalty

(a) In General.—An owner, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation.

(b) Assessment and Collection.—

(1) In general.—After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.

(2) Factors to consider.—In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention, this chapter, or regulations prescribed under this chapter.

(3) Remission, mitigation, or compromise.—The Secretary may remit, mitigate, or compromise a penalty under this section.

(4) Enforcement.—If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1698.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 80509 | 46 App.:1505. | Pub. L. 95–208, §6, Dec. 13, 1977, 91 Stat. 1478. |

Section

In subsection (a), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention" are omitted as obsolete. The words "liable to the United States Government for a civil penalty" are substituted for "subject to a civil penalty" for consistency in the revised title.

In subsection (b)(2), the words "In determining the amount of" are substituted for "In assessing, remitting, mitigating, or compromising" to eliminate unnecessary words.
§ 285.433 What must I do after my lease or grant terminates? ( a ) After your lease or grant terminates, you must: ( 1 ) Make all payments due; and
( 2 ) Perform any other outstanding obligations under the lease or grant within 6 months.
( b ) Within 2 years following termination of a lease or grant, you must remove or dispose of all facilities, installations, and other devices permanently or temporarily attached to the seabed on the OCS in accordance with your Plan approved by BOEM under 30 CFR part 585, subpart F, and your application approved by BSEE under subpart I of this part.
( c ) If you fail to comply with your approved decommissioning plan or application: ( 1 ) BOEM may call for the forfeiture of your financial assurance; and
( 2 ) You remain liable for removal or disposal costs and responsible for accidents or damages that might result from such failure.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.405 What are the safety requirements for diesel engines used on a drilling rig? You must equip each diesel engine with an air intake device to shut down the diesel engine in the event of a runaway. ( a ) For a diesel engine that is not continuously manned, you must equip the engine with an automatic shutdown device;
( b ) For a diesel engine that is continuously manned, you may equip the engine with either an automatic or remote manual air intake shutdown device;
( c ) You do not have to equip a diesel engine with an air intake device if it meets one of the following criteria: ( 1 ) Starts a larger engine;
( 2 ) Powers a firewater pump;
( 3 ) Powers an emergency generator;
( 4 ) Powers a BOP accumulator system;
( 5 ) Provides air supply to divers or confined entry personnel;
( 6 ) Powers temporary equipment on a nonproducing platform;
( 7 ) Powers an escape capsule; or
( 8 ) Powers a portable single-cylinder rig washer.
[76 FR 64462, Oct. 18, 2011, as amended at 81 FR 36149, June 6, 2016]
**Exhibit 31.2**

**CHIEF FINANCIAL OFFICER CERTIFICATION**

I, R. Barry Allen, certify that: 

1. I have reviewed this annual report on Form 10-K of HouseValues, Inc.; 

2. Based on my knowledge, this annual 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 whichsuch statements were made, not misleading with respect to the period covered by this annual report; 

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

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared;

b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to bedesigned under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this reportour 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 

d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

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 registrant’s ability to record,process, summarize and report financial information; and 

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

Date: March 11, 2008
### §1701. Findings

Congress finds the following:

(1) Access to affordable, reliable, high-speed broadband is essential to full participation in modern life in the United States.

(2) The persistent "digital divide" in the United States is a barrier to the economic competitiveness of the United States and equitable distribution of essential public services, including health care and education.

(3) The digital divide disproportionately affects communities of color, lower-income areas, and rural areas, and the benefits of broadband should be broadly enjoyed by all.

(4) In many communities across the country, increased competition among broadband providers has the potential to offer consumers more affordable, high-quality options for broadband service.

(5) The 2019 novel coronavirus pandemic has underscored the critical importance of affordable, high-speed broadband for individuals, families, and communities to be able to work, learn, and connect remotely while supporting social distancing.

(Pub. L. 117–58, div. F, title I, §60101, Nov. 15, 2021, 135 Stat. 1182.)

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

#### Short Title

Pub. L. 117–58, div. F, title III, §60301, Nov. 15, 2021, 135 Stat. 1209, provided that: "This title [enacting subchapter II of this chapter] may be cited as the 'Digital Equity Act of 2021'."
**Exhibit 31.2**

** **

**CERTIFICATION**

** **

I, James W. Dolan, certify that:

 

1. I have reviewed this annual report on Form 10-K/A of MAISystems Corporation;

 

2. Based on my knowledge, this annual report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisannual report;

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;

 

4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

 

a)              designed suchdisclosure controls and procedures to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisannual report is being prepared;

 

b)             evaluated theeffectiveness of the registrant’s disclosure controls and procedures as of adate within 90 days prior to the filing date of this annual report (the “EvaluationDate”); and

 

c)              presented in thisannual report our conclusions about the effectiveness of the disclosurecontrols and procedures based on our evaluation as of the Evaluation Date;

 

5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing theequivalent function):

 

a)              all significantdeficiencies in the design or operation of internal controls which couldadversely affect the registrant’s ability to record, process, summarize andreport financial data and have identified for the registrant’s auditors anymaterial weaknesses in internal controls; and

 

b)             any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal controls; and

 

6. The registrant’s other certifying officers and I have indicated inthis annual report whether or not there were significant changes in internalcontrols or in other factors that could significantly affect internal controlssubsequent to the date of our most recent evaluation, including any correctiveactions with regard to significant deficiencies and material weaknesses.

 

 
| Date: September 21, 2005 | By:    | /s/ James W.  Dolan                    |
|-------------------------------|--------|----------------------------------------|
|                          |   | James W.  Dolan                        |
|                          |   | Chief  Financial and Operating Officer |

 

----
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, May 07, 2018. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, May 07, 2018 The Court of Appeals hereby passes the following order A18I0166. DAVID SEGOVIA-ESPINOZA v. THE STATE. Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 17B00139
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3460 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3460

To amend the Internal Revenue Code of 1986 to allow married individuals 
who are legally separated and living apart to exclude from gross income 
    the income from United States savings bonds used to pay higher 
                      education tuition and fees.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to allow married individuals 
who are legally separated and living apart to exclude from gross income 
    the income from United States savings bonds used to pay higher 
                      education tuition and fees.

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

SECTION 1. CERTAIN MARRIED INDIVIDUALS FILING SEPARATE RETURNS ALLOWED 
              TO EXCLUDE INCOME FROM UNITED STATES SAVINGS BONDS USED 
              TO PAY HIGHER EDUCATION TUITION AND FEES.

    (a) In General.--Subsection (d) of section 135 of the Internal 
Revenue Code of 1986 (relating to special rules for exclusion of income 
from United States savings bonds used to pay higher education tuition 
and fees) is amended by redesignating paragraph (4) as paragraph (5) 
and by inserting after paragraph (3) the following new paragraph:
            ``(4) Certain married individuals living apart.--For 
        purposes of this section, an individual shall not be considered 
        as married in a taxable year if such individual--
                    ``(A) is married and files a separate return for 
                such taxable year,
                    ``(B) as of the close of such taxable year, is 
                legally separated from the individual's spouse, and
                    ``(C) was not a member of the same household as the 
                individual's spouse at any time during the taxable 
                year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2004.
                                 <all>
```
#### § 550.1405 When is a case file developed?

BOEM will develop a case file during its investigation of the violation, and forward it to a Reviewing Officer if any of the conditions in § 550.1404 exist. The Reviewing Officer will review the case file and determine if a civil penalty is appropriate. The Reviewing Officer may administer oaths and issue subpoenas requiring witnesses to attend meetings, submit depositions, or produce evidence.
#### The People of the State of New York, Appellant, v Jeffrey Richardson, Respondent.

Appeal by the People from an order of the Supreme Court, Kings County, entered November 14, 1977, which, *inter alia,*dismissed the indictment against the defendant-respondent pursuant to CPL 210.20 (subd 1, par [c]) owing to a defect in the underlying Grand Jury proceedings. Order reversed, on the law, and indictment reinstated. This is *1065one of the myriad of looting cases arising from the criminal activity generated during the blackout crisis of July, 1977. The majority of these cases was presented to Grand Juries which were given special instructions and which were informed, upon the *voir dire,*that they would be dealing with blackout cases. They were cautioned to avoid sympathy or revenge. However, the defendant’s case was presented to the regular July Grand Jury, which was not given special instructions or told, upon the *voir dire,*that it would be dealing with blackout cases. The indictment, which was handed up on legally sufficient evidence, was dismissed because it was determined that the lack of special instructions impaired the integrity of the proceeding, creating a possibility of prejudice to the defendant. The indictment should not have been dismissed. This particular Grand Jury heard few looting cases. It was not informed that this case was related to the blackout. Under these circumstances, the instructions which were given and repeated, and which included provisions directing the panel to disregard media reports and to decide the case on legally sufficient evidence, were adequate. Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.
#### § 290.3 What is the time limit for filing an appeal?

You must file your appeal within 60 days after you receive BSEE's final decision or order. The 60-day time period applies rather than the time period provided in 43 CFR 4.411(a). A decision or order is received on the date you sign a receipt confirming delivery or, if there is no receipt, the date otherwise documented.
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.865 Surface pumps.

(a) You must equip pump installations with the protective equipment required in API RP 14C, Appendix A—A.7, Pumps (incorporated by reference as specified in § 250.198).

(b) You must use pressure recording devices to establish the new operating pressure ranges for pump discharge sensors at any time when the normalized system pressure changes by 50 psig or 5 percent, whichever is higher. Once system pressure has stabilized, pressure recording devices must be utilized to establish the new operating pressure ranges. The pressure recording devices must document the pressure range over time intervals that are no less than 4 hours and no more than 30 days long. You must only maintain the most recent pressure recording information that you used to determine operating pressure ranges at your field office nearest the OCS facility or at another location conveniently available to the District Manager.

(c) Pressure shut-in sensors must be set according to the following table (initial set points for pressure sensors must be set utilizing gauge readings and engineering design):

| Type of sensor | Settings | Additional requirements |
| --- | --- | --- |
| (1) PSH sensor | Must be no higher than 15 percent or 5 psi (whichever is greater) above the highest operating pressure of the discharge line | Must be set sufficiently below the maximum allowable working pressure of the discharge piping. The PSH must also be set at least 5 percent or 5 psi (whichever is greater) below the set pressure of the PSV to assure that the pressure source is shut-in before the PSV activates. |
| (2) PSL sensor | Must be set no lower than 15 percent or 5 psi (whichever is greater) below the lowest operating pressure of the discharge line in which it is installed | |

(d) The PSL must be placed into service when the pump discharge pressure has risen above the PSL sensing point, or within 45 seconds of the pump coming into service, whichever is sooner.

(e) You may exclude the PSH and PSL sensors on small, low-volume pumps such as chemical injection-type pumps. This is acceptable if such a pump is used as a sump pump or transfer pump, has a discharge rating of less than 1⁄2 gallon per minute (gpm), discharges into piping that is 1 inch or less in diameter, and terminates in piping that is 2 inches or larger in diameter.

(f) You must install a TSE in the immediate vicinity of all pumps in hydrocarbon service or those powered by platform fuel gas.

(g) The pump maximum discharge pressure must be determined using the maximum possible suction pressure and the maximum power output of the driver as appropriate for the pump type and service.
# Fourth Court of Appeals San Antonio, Texas

June 22, 2018

No. 04

- 18

- 00383

- CV

IN THE INTEREST OF M.A.L.R., A CHILD

, From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2017

- PA

- 01819 The Honorable Linda A. Rodriguez, Judge Presiding



### O R D E R

The court reporter has filed a notification of late record, requesting an extension of time to file the reporter’s record to July 5, 2018. The extension is GRANTED. The reporter’s record is due on July 5, 2018

.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of June, 2018

.

___________________________________ KEITH E. HOTTLE
, Clerk of Court