alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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    -       - Superintendent of Documents
      - 2024-09-11T15:28:51-0400
      - Government Publishing Office, Washington, DC 20401
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Opinion issued January 29, 2019

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-18-00956-CV

———————————

AMBER AND RYAN CARROLL AND MARKET-TIERS, INC. D/B/A 

BLUE ENDO, Appellants

V.

NICOLE TRAN, MD, Appellee

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2015-69798

MEMORANDUM OPINION

Appellants have filed a motion to dismiss the appeal. See TEX. R. APP. P.

10.3(a)(2), 42.1(a)(1). No opinion has issued. See TEX. R. APP. P. 42.1(c). 

Further, although appellants failed to include a certificate of conference in their 
2

motion, appellants’ motion includes a certificate of service, more than 10 days 

have passed since the motion was filed, and no party has responded to the motion. 

See TEX. R. APP. P. 10.1(a)(5), 10.3(a).

Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP.

P. 42.1(a)(1). We dismiss all other pending motions as moot. 

PER CURIAM

Panel consists of Chief Justice Radack and Justices Goodman and Countiss.
Exhibit 31
CERTIFICATION
     I, Paul Knauss, the Vice President and Chief Financial Officer of DaimlerChrysler ServicesNorth America LLC, the Servicer of DaimlerChrysler Auto Trust 2004-B, certify that:
I have reviewed this annual report on Form 10-K and all reports on Form 8-K containing distributionor servicing reports filed in respect of periods included in the year covered by this annualreport, of DaimlerChrysler Auto Trust 2004-B;
Based on my knowledge, the information in these reports, taken as a whole, does not contain anyuntrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading as of the last day of the period covered by this annual report;
Based on my knowledge, the distribution or servicing information required to be provided to theTrustee by the Servicer under the pooling and servicing, or similar, agreement, for inclusion inthese reports is included in these reports;
I am responsible for reviewing the activities performed by the Servicer under the pooling andservicing, or similar, agreement and based upon my knowledge and the annual compliance reviewrequired under that agreement, and except as disclosed in the reports, the Servicer has fulfilledits obligations under that agreement; and
The reports disclose all significant deficiencies relating to the Servicer’s compliance with theminimum servicing standards based upon the reports provided by an independent public accountant,after conducting a review in compliance with the Uniform Single Attestation Program for MortgageBankers or similar procedure, as set forth in the pooling and servicing, or similar, agreement, areincluded in these reports.
Date: March 21, 2005              /s/ Paul E.Knauss  Paul E. Knauss  Vice President and Chief Financial OfficerDaimlerChrysler Services North America LLC,
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. MAYOLO VARGAS

- VILLANUEVA,

Defendant

- Appellant. No. 21

- 50192
D.C. No. 3:21

- cr - 01011

- LAB

- 1

MEMORANDUM *

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted May 17, 2022 * *
Before : CANBY, TASHIMA, and NGUYEN, Circuit Judges. Mayolo Vargas

- Villanueva appeals from the district court’s judgment and challenges the 37

- month sentence imposed following his guilty

- plea conviction for attempted reentry of a removed alien , in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm

.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAY 26 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 21

- 50192

Vargas

- Villanueva contends that his within

- Guidelines sentence is substantively unreasonable because the district court’s application of a ten

- level enhancement under U

. S

. S

. G

. § 2L1.2(b)(2)(A) resulted in a Guidelines range th at , while correct , overemphasized his criminal history

. The district court did not abuse its discretion

. See Gall v. United States , 552 U.S. 38, 51 (2007)

. In light of the 1 8 U.S.C. § 3553(a) factors and the totality of the circumstances, particular ly Vargas

- Villanueva’s immigration and criminal history, the sentence is substantively reasonable. See Gall , 552 U.S. at 51 ; United States v. Gutierrez

Sanchez , 587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the various factors in a particular case is for the discretion of the district court.”)

. C ontrary to Vargas

- Villanueva’s contention, the record reflects that the court considered the mitigating factors , including the age of the underlying convictio n that resulted in the ten

- level enhancement , and adequately explained its determination that a within

- Guidelines sentence was warranted in light of Vargas

- Villanueva’s multiple attempts to reenter the United States unlawfully in a short period of time

. S ee United States v. Carty , 520 F.3d 984, 99 2

- 9 3 (9th Cir. 2008) (en banc). To the extent Vargas

- Villanueva challenges the separate sentence imposed upon revocation of probation , we do not reach this claim because Vargas

Villanueva did not appeal the revocation judgment

. AFFIRMED.
<PAGE>

Exhibit 32.2

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

         In connection with the Annual Report of Outdoor Channel Holdings, Inc.
(the "Company") on Form 10-KSB for the year ended December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William A. Owen, Chief Financial Officer of the Company, certify, to the best
of my knowledge, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of
the Sarbanes-Oxley Act of 2002, that:

                  (1) The Report fully complies with the requirements of section
         13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

/s/ William A. Owen
-----------------------------------

Chief Financial Officer
March 30, 2004

A signed original of this written statement required by Section 906 has been
provided to Outdoor Channel Holdings, Inc. and will be retained by Outdoor
Channel Holdings, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.
#### The People of the State of New York, Respondent, v. George Cecil, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 27, 1963 on his plea of guilty, convicting him of selling lottery tickets (Penal Law, § 1373) and sentencing him to *830serve six months in the New York City Penitentiary. Defendant contends that his sentence was excessive; he raises no other question.- Judgment modified on the facts by reducing defendant’s sentence to the time already served. As so modified, the judgment affirmed, defendant discharged, and' bail exonerated. In our opinion, the sentence originally imposed constituted a proper exercise of discretion. However, in view of the defendant’s severe physical illness, it is in the interests of substantial justice that the sentence be reduced to the time already served. Beldoek, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ.,- concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3548 Enrolled Bill (ENR)]

        H.R.3548

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six

                                 An Act

 
To designate the facility of the United States Postal Service located on 
 Franklin Avenue in Pearl River, New York, as the ``Heinz Ahlmeyer, Jr. 
                         Post Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located on 
Franklin Avenue in Pearl River, New York, shall be known and designated 
as the ``Heinz Ahlmeyer, Jr. Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Heinz Ahlmeyer, Jr. Post 
Office Building''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### In re LANSING’S ESTATE.

(Supreme Court, Appellate Division, First Department.

March 17, 1905.)

In the matter of Janet S. Lansing, deceased. E. B. Whitney, for appellant. S. M. Judd, for respondent. No opinion. Order affirmed, with $10 costs and disbursements.
[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Notices]
[Page 81220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27512]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration

[Docket No. DEA-755]


Bulk Manufacturer of Controlled Substances Application: Sterling 
Wisconsin, LLC

AGENCY: Drug Enforcement Administration, Justice.

ACTION: Notice of application.

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

SUMMARY: Sterling Wisconsin, LLC has applied to be registered as a bulk 
manufacturer of basic class(es) of controlled substance(s). Refer to 
Supplemental Information listed below for further drug information.

DATES: Registered bulk manufacturers of the affected basic class(es), 
and applicants therefore, may file written comments on or objections to 
the issuance of the proposed registration on or before February 16, 
2021. Such persons may also file a written request for a hearing on the 
application on or before February 16, 2021.

ADDRESSES: Written comments should be sent to: Drug Enforcement 
Administration, Attention: DEA Federal Register Representative/DPW, 
8701 Morrissette Drive, Springfield, Virginia 22152.

SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.33(a), this 
is notice that on October 15, 2020, Sterling Wisconsin, LLC, W130N10497 
Washington Drive, Germantown, Wisconsin 53022-4448, applied to be 
registered as an bulk manufacturer of the following basic class(es) of 
controlled substance(s):

------------------------------------------------------------------------
                                           Drug
          Controlled substance             code          Schedule
------------------------------------------------------------------------
Marihuana Extract.......................    7350  I
Marihuana...............................    7360  I
Tetrahydrocannabinols...................    7370  I
5-Methoxy-N-N-Dimethyltryptamine........    7431  I
Oliceridine.............................    9245  II
Thebaine................................    9333  II
Alfentanil..............................    9737  II
------------------------------------------------------------------------

    The company plans to bulk manufacture the listed controlled 
substances to be commercially sold to registered manufacturers/
suppliers. In reference to dug codes 7350 (Marihuana Extract), 7360 
(Marihuana), and 7370 (Tetrahydrocannabinols), the company plans to 
bulk manufacture these drugs as synthetic. No other activities for 
these drug codes are authorized for this registration.

William T. McDermott,
Assistant Administrator.
[FR Doc. 2020-27512 Filed 12-14-20; 8:45 am]
BILLING CODE P
### §31342. Establishing maritime liens

(a) Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—

(1) has a maritime lien on the vessel;

(2) may bring a civil action in rem to enforce the lien; and

(3) is not required to allege or prove in the action that credit was given to the vessel.

(b) This section does not apply to a public vessel.

(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4748; Pub. L. 101–225, title III, §303(6), Dec. 12, 1989, 103 Stat. 1924.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 31342 | 46:971 |

Section 31342 provides that any authorized person providing necessaries for a vessel has a maritime lien on the vessel, may bring a civil action in rem in admiralty to enforce the lien, and is not required to allege or prove that credit was given to the vessel. "Providing" has been substituted for "furnishing" for consistency with other laws. This section makes no substantive change to law. This section does not supersede the prohibition under the Public Vessels Act, the Foreign Sovereign Immunities Act, or the Suits in Admiralty Act, on bringing an in rem action against a public vessel.

#### **Editorial Notes**

#### Amendments

1989—Pub. L. 101–225 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner" for "A person providing necessaries to a vessel (except a public vessel) on the order of a person listed in section 31341 of this title", and added subsec. (b).

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

#### Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.
EXHIBIT 18








December 20, 2011





Navistar International Corporation


Lisle, IL





Ladies and Gentlemen:





We have audited the accompanying Consolidated Balance Sheets of Navistar International Corporation and subsidiaries (the Company) as of October 31, 2011 and 2010 , and the related Consolidated Statements of Operations, Stockholders' Equity (Deficit), and Cash Flows for each of the years in the three-year period ended October 31, 2011 , and have reported thereon under date of December 19, 2011. The aforementioned consolidated financial statements and our audit report thereon are included in the Company's annual report on Form 10-K for the year ended October 31, 2011 . As stated in Note 1 to those consolidated financial statements, the Company changed its annual goodwill impairment test date from October 31 to August 1. The Company states that the newly adopted accounting principle is preferable in the circumstances because it allows the Company to better align its impairment testing date with the annual preparation of its long-range strategic plan and provides additional time to complete the assessment prior to the filing of the Company's annual report on Form 10-K. In accordance with your request, we have reviewed and discussed with Company officials the circumstances and business judgment and planning upon which the decision to make this change in the method of accounting was based.


With regard to the aforementioned accounting change, authoritative criteria have not been established for evaluating the preferability of one acceptable method of accounting over another acceptable method. However, for purposes of the Company's compliance with the requirements of the Securities and Exchange Commission, we are furnishing this letter.


Based on our review and discussion, with reliance on management's business judgment and planning, we concur that the newly adopted method of accounting is preferable in the Company's circumstances.


Very truly yours,


/s/ KPMG LLP








E-11
#### HORWITZ v. REINERT.

(Supreme Court, Appellate Term.

June 22, 1903.)

1. Appeal—Judgment—Evidence—Sufficiency.

A judgment supported by evidence allowed to go in generally withput objection, and without the taking of a tenable exception, will not be disturbed on appeal, though the evidence is slight.

Appeal from Municipal Court, Borough of Manhattan, Second Dis- ■ trict.

Action by Isaac Horwitz against Ferdinand Reinert. From a judg-. ment for plaintiff, defendant appeals. Affirmed.

Argued before FREEDMAN, P. J., and GILDERSLEEVE and MacLEAN, JJ.

James E. Smith, for appellant.

Nathaniel Levy, for respondent.

PER CURIAM.

This is an appeal from a judgment for damages to personal property of the plaintiff, whose cart containing notions, fancy goods, and hardware was run down by a wagon belonging to the defendant,, and driven by one of his employés. ' Although resting upon very slight proof, and seemingly for a large amount, the judgment may not be disturbed, as the evidence, slight as it is, was allowed to go in, generally without objection, and without the taking of a tenable exception.

Judgment affirmed, with costs to the respondent.
§ 18.92 Quality of material and design. ( a ) Electrically operated machinery approved under the provisions of this subpart E shall be rugged in construction and shall be designed to facilitate maintenance and inspection.
( b ) MSHA shall conduct field investigations and, where necessary, field test electric machinery only where such machinery is found to be constructed of suitable materials and safe for its intended use.
### §355. Survival craft

Every ship required to be provided with survival craft radio by treaty to which the United States is a party, by statute, or by regulation made in conformity with a treaty, convention, or statute, shall be fitted with efficient radio equipment appropriate to such requirement under such rules and regulations as the Commission may find necessary for safety of life. For purposes of this section, "radio equipment" shall include portable as well as nonportable apparatus.

(June 19, 1934, ch. 652, title III, §357, formerly §355, as added May 20, 1937, ch. 229, §10(b), 50 Stat. 194; renumbered §357 and amended Aug. 13, 1954, ch. 729, §2(a)(1), (e), 68 Stat. 706, 707; Pub. L. 89–121, §8, Aug. 13, 1965, 79 Stat. 516.)

#### **Editorial Notes**

#### Amendments

1965—Pub. L. 89–121 substituted "survival craft" for "lifeboat".

1954—Act Aug. 13, 1954, §2(a)(1), amended credit to section by changing section number from "355" to "357" of act June 19, 1934.

Act Aug. 13, 1954, §2(e), provided that lifeboats be equipped with "radio equipment" rather than a "radio installation" and defined "radio equipment" as including portable as well as nonportable apparatus.

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

#### Effective Date

Section effective May 20, 1937, unless deferred by the Commission, see section 16 of act May 20, 1937, set out as a note under section 351 of this title.
### §174. Repealed. Oct. 31, 1951, ch. 654, §1(125), 65 Stat. 706

Section, act Feb. 25, 1925, ch. 320, §2, 43 Stat. 978, related to transfer of buildings for purpose of vocational training, schools, and hospitals in connection with aboriginal natives in Alaska.
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Home                 > Browse by Title > Homeowners' Insurance Discrimination

              																	United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs, 1970-					 and 	One Hundred Third Congress, 1993-1995. 						*Homeowners' Insurance Discrimination : Hearing Before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Third Congress, Second Session, May 11, 1994*,												Washington: 								U.S. Government Printing Office, 										May 11, 1994,									https://fraser.stlouisfed.org/title/890,			accessed on September 22, 2024.						    

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#### American Law Book Company, appellee, v. Myer J. Stein, appellant.

Gen. No. 27,790.

Claim for payment for goods sold and delivered. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John J. Rooney, Judge, presiding. Heard in the third division of this court for the first district at the March term, 1922.

Affirmed.

Opinion filed June 20, 1923.

Rehearing denied July 3, 1923.

Myer J. Stein, *pro se,*for appellant. Baker, Holder and Schmidt, for appellee.

Mr. Presiding Justice Thomson

delivered the opinion of the court.
PUBLIC LAW 114–300—DEC. 16, 2016 130 STAT. 1513 

LEGISLATIVE HISTORY—H.R. 5676: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Sept. 20, considered and passed House. 

Dec. 5, considered and passed Senate; passage vitiated. 

Dec. 9, considered and passed Senate. 

Æ 

Public Law 114–300 

114th Congress 

An Act 

To designate the facility of the United States Postal Service located at 6300 N. 

Northwest Highway in Chicago, Illinois, as the ‘‘Officer Joseph P. Cali Post 

Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. OFFICER JOSEPH P. CALI POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 6300 N. Northwest Highway in Chicago, Illinois, 

shall be known and designated as the ‘‘Officer Joseph P. Cali 

Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Officer Joseph P. Cali Post Office Building’’. 

Approved December 16, 2016. 

Dec. 16, 2016 

[H.R. 5676] 


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