alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

May 17, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40393

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v. 

CARMEN MARITZA DIAZ-BEARD

Defendant - Appellant

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:05-CR-2362-ALL

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

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:*

Carmen Maritza Diaz-Beard (Diaz) appeals the 41-month term

of imprisonment imposed upon her guilty plea to illegal reentry

following deportation. She contends that her sentence is

unreasonable because of the deference given by this court to

sentences within a properly-calculated guidelines range. 

Specifically, she challenges the presumption of reasonableness

applied to guidelines sentences, see United States v. Alonzo, 435

F.3d 551, 554 (5th Cir. 2006), and our precedent forbidding a

sentencing court from imposing a nonguidelines sentence based
No. 06-40393

-2-

solely upon a policy disagreement with a sentence enhancement

recommended by the Guidelines. See United States v. Tzep-Mejia,

461 F.3d 522, 527 (5th Cir. 2006). Conceding that her arguments

are foreclosed by circuit precedent, Diaz seeks only to preserve

them for appeal.

Diaz further asserts that the “felony” and “aggravated

felony” provisions of 8 U.S.C. § 1326(a) and (b) cause the

statute to be unconstitutional. This argument is also

foreclosed. See Almendarez-Torres v. United States, 523 U.S.

224, 235 (1998). Although Diaz contends that Almendarez-Torres

was incorrectly decided and that a majority of the Supreme Court

would overrule Almendarez-Torres in light of Apprendi v. New

Jersey, 530 U.S. 466 (2000), we have repeatedly rejected such

arguments on the basis that Almendarez-Torres remains binding. 

See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.),

cert. denied, 126 S. Ct. 298 (2005). Diaz properly concedes that

the argument is foreclosed and raises it here to preserve it for

further review.

The judgment of the district court is AFFIRMED.
#### § 955.26 Vacancies.

To fill any vacancy occasioned by the failure of any person nominated as a member or as an alternate to qualify, or in the event of the death, removal, resignation, or disqualification of a member or alternate, a successor for the unexpired term may be selected by the Secretary from nominations made pursuant to § 955.22, or from other eligible persons.
§ 19.17 Inspections not warranted; informal review. ( a ) If the Administrator of the appropriate Regional Office determines, with respect to a complaint under § 19.16, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, he shall notify the complainant in writing of such determination. The complainant may obtain review of this determination by submitting a written statement of position to the Executive Director for Operations, either by mail to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/e-submittals.html ;* by e-mail to *MSHD.Resource@nrc.gov ;* or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. The Executive Director for Operations will provide the licensee with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee may submit an opposing written statement of position with the Executive Director for Operations who will provide the complainant with a copy of such statement by certified mail. Upon the request of the complainant, the Executive Director for Operations or his designee may hold an informal conference in which the complainant and the licensee may orally present their views. An informal conference may also be held at the request of the licensee, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written and oral views presented, the Executive Director for Operations shall affirm, modify, or reverse the determination of the Administrator of the appropriate Regional Office and furnish the complainant and the licensee a written notification of his decision and the reason therefor.
( b ) If the Administrator of the appropriate Regional Office determines that an inspection is not warranted because the requirements of § 19.16(a) have not been met, he shall notify the complainant in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of § 19.16(a).
[38 FR 22217, Aug. 17, 1973, as amended at 40 FR 8783, Mar. 3, 1975; 52 FR 31610, Aug. 21, 1987; 67 FR 77652, Dec. 19, 2002; 68 FR 58801, Oct. 10, 2003; 74 FR 62680, Dec. 1, 2009; 80 FR 74978, Dec. 1, 2015]
Exhibit 31.1




Certification of Senior Officer in Charge of the Servicing Function


of the Servicer Pursuant to Rule 15d-14(d)









CERTIFICATION






I, Mark Kaczynski, certify that:


1.           I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Nissan Auto Receivables 2013-A Owner Trust (the “Exchange Act periodic reports”);
  2.           Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 report;
  3.           Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
  4.           I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement, in all material respects; and
  5.           All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.
  In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party:  Citibank, N.A.


Date:                      June 15, 2016


By:/s/ Mark Kaczynski


Mark Kaczynski


President and Chief Executive Officer of


Nissan Motor Acceptance Corporation


(senior officer in charge of the


servicing function)
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<PERIOD-TYPE> 3-MOS
<FISCAL-YEAR-END>                                               MAR-31-1997
<PERIOD-END>                                                    SEP-30-1996
<CASH>                                                              200,216
<SECURITIES>                                                              0
<RECEIVABLES>                                                       827,271
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<PREFERRED-MANDATORY>                                             4,248,000
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<INTEREST-EXPENSE>                                                        0
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<INCOME-CONTINUING>                                                (768,152)
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<NET-INCOME>                                                       (866,387)
<EPS-PRIMARY>                                                          (.57)
<EPS-DILUTED>                                                          (.57)
<FN>
<F1> Unclassified balance sheet
</FN>

</TABLE>
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

68 

TP 13-01296 

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND WHALEN, JJ. 

 

IN THE MATTER OF SHERMAN WALKER, PETITIONER, 

V ORDER

DAVID STALLONE, SUPERINTENDENT, CAYUGA 

CORRECTIONAL FACILITY, RESPONDENT. 

SHERMAN WALKER, PETITIONER PRO SE. 

ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (PETER H. SCHIFF OF

COUNSEL), FOR RESPONDENT. 

 

Proceeding pursuant to CPLR article 78 (transferred to the

Appellate Division of the Supreme Court in the Fourth Judicial

Department by order of the Supreme Court, Cayuga County [Mark H.

Fandrich, A.J.], entered July 15, 2013) to annul a determination

finding after a tier III hearing that petitioner had violated an

inmate rule. 

It is hereby ORDERED that the determination is unanimously

confirmed without costs and the petition is dismissed. 

Entered: February 7, 2014 Frances E. Cafarell

Clerk of the Court
Case 3:06-cv-00728-MHT-WC Document 7 Filed 12/20/2005 Page 1 of 6 Case 2:05-cv-06073-JCJ Document 7 Filed 12/20/2005 Page 1 of 6

Case 3:06-cv-00728-MHT-WC Document 7 Filed 12/20/2005 Page 2 of 6 Case 2:05-cv-06073-JCJ Document 7 Filed 12/20/2005 Page 2 of 6

Case 3:06-cv-00728-MHT-WC Document 7 Filed 12/20/2005 Page 3 of 6 Case 2:05-cv-06073-JCJ Document 7 Filed 12/20/2005 Page 3 of 6

Case 3:06-cv-00728-MHT-WC Document 7 Filed 12/20/2005 Page 4 of 6 Case 2:05-cv-06073-JCJ Document 7 Filed 12/20/2005 Page 4 of 6

Case 3:06-cv-00728-MHT-WC Document 7 Filed 12/20/2005 Page 5 of 6 Case 2:05-cv-06073-JCJ Document 7 Filed 12/20/2005 Page 5 of 6

Case 3:06-cv-00728-MHT-WC Document 7 Filed 12/20/2005 Page 6 of 6 Case 2:05-cv-06073-JCJ Document 7 Filed 12/20/2005 Page 6 of 6
5.404-1 Release procedures.

(a) The Procurement Directorate is authorized to release long-range acquisition estimates.

Parent topic: SUBPART 5.4 –– RELEASE OF INFORMATION
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                         969,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               969,000
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 969,000
<CURRENT-LIABILITIES>                           26,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    12,737,000
<OTHER-SE>                                  11,794,000
<TOTAL-LIABILITY-AND-EQUITY>                   969,000
<SALES>                                              0
<TOTAL-REVENUES>                                 7,000
<CGS>                                                0
<TOTAL-COSTS>                                   27,000
<OTHER-EXPENSES>                               176,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (196,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (196,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (196,000)
<EPS-PRIMARY>                                   (0.06)
<EPS-DILUTED>                                   (0.06)
        

</TABLE>
Subpart 1812.3—Solicitation Provisions and

Contract Clauses for the Acquisition of

Commercial Products and Commercial

Services

Parent topic: PART 1812—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

1812.301 Solicitation provisions and contract clauses for the

acquisition of Commercial Products and Commercial

Services.

(f)(i) The following clauses are authorized for use in acquisitions of Commercial Products and

Commercial Services when required by the clause prescription:

(A) 1852.204–75, Security Classification Requirements.

(B) 1852.204–76, Security Requirements for Unclassified Information Technology Resources.

(C) 1852.215–84, Ombudsman.

(D) 1852.216–80, Task Order Procedures (Alternate I).

(E) 1852.216–88, Performance Incentive.

(F) 1852.219–73, Small Business Subcontracting Plan.

(G) 1852.219–75, Individual Subcontracting Reports.

(H) 1852.223–70, Safety and Health.

(I) 1852.223–71, Frequency Authorization.

(J) 1852.223–72, Safety and Health (Short Form).

(K) 1852.223–73, Safety and Health Plan.

(L) 1852.223–75, Major Breach of Safety and Security (Alternate I).

(M) 1852.225–70, Export Licenses.

(N) 1852.228–76, Cross-Waiver of Liability for International Space Station Activities.

(O) 1852.228–78, Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to

the International Space Station.
(P) 1852.237–70, Emergency Evacuation Procedures.

(Q) 1852.237–72, Access to Sensitive Information.

(R) 1852.237–73, Release of Sensitive Information.

(S) 1852.246–72, Material Inspection and Receiving Report.

(T) 1852.246–74, Counterfeit Electronic Part Detection and Avoidance.

(U) 1852.247.71, Protection of the Florida Manatee.
#### § 986.38 Stick-tights.

*Stick-tights* means pecans whose outer shuck has adhered to the shell causing their value to decrease or be discounted.
#### Edwards *v.*Savannah *&*Statesboro Railway Company.

October 15, 1913.

Appeal from condemnation. Before Judge Sheppard. Bryan superior court. November .4, 1912.

*J. H.*Smith, for plaintiff in error.

*Johnston &*Gone, contra.

Evans, P. J.

An appeal from the award of assessors in a condemnation case must he entered in writing, and filed in the office of the clerk of the superior court where the award is filed, within ten days from the time the award is filed. Civil Code (1910), § 5228. An appeal entered after ten days from the filing of the award was not in time, and was properly dismissed.

*Judgment affirmed.*

*All the Justices concur.*
# Subpart 1344.3 - Contractors' Purchasing Systems Reviews

**Parent topic:**PART 1344 - SUBCONTRACTING POLICIES AND PROCEDURES

## 1344.302 Requirements.

The designee authorized to lower or raise the $25 million sales threshold for performing a review to determine if a contractor purchasing system review is needed is set forth in CAM 1301.70.
Exhibit 13.2

Certification by the Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Constellium N.V. (the Company) on Form 20-F for the year ended December 31, 2015
as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Didier Fontaine, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

(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.

Date: April 18, 2016



|    |  |                                  
|--- |  | ---------------------------------
|By: |  | /s/ Didier Fontaine              
|    |  | Name:  Didier Fontaine           
|    |  | Title:    Chief Financial Officer
###### Editorial Note on Part 26

#### Editorial Note:

Nomenclature changes to part 26 appear at 87 FR 71455, Nov. 22, 2022.

#### § 26.51 Applicability.

The requirements in this subpart apply to the licensees and other entities identified in § 26.3(a), (b), and, as applicable, (c) for the categories of individuals in § 26.4(a) through (d), and, at the licensee's or other entity's discretion, in § 26.4(g) and, if necessary, § 26.4(j). The requirements in this subpart also apply to the licensees and other entities specified in § 26.3(c), as applicable, for the categories of individuals in § 26.4(e). At the discretion of a licensee or other entity in § 26.3(c), the requirements of this subpart also may be applied to the categories of individuals identified in § 26.4(f). In addition, the requirements in this subpart apply to the entities in § 26.3(d) to the extent that a licensee or other entity relies on the C/V to meet the requirements of this subpart. Certain requirements in this subpart also apply to the individuals specified in § 26.4(h).
Subpart 2904.8 - Government Contract Files    **Parent topic:** PART 2904 - ADMINISTRATIVE MATTERS2904.800-70 Contents of contract files.       (a) The reports listed in appendix A to this part are applicable to the Department of Labor.          (b) HCAs must be responsible for establishing standard contract files for their contracting activities. The HCA must provide one or more representative contract files to the Director, Division of Acquisition Management Services, as requested for comment.
#### SHERMAN, Appellant, v. AUBKE, Respondent.

(Supreme Court, Appellate Division, Second Department.

November 20, 1914.)

Action by Harry Sherman against Theodore Aubke.

No opinion. Motion granted, without costs.
249.7001 Congressional notification on

significant contract terminations.

The contracting officer shall obtain coordination from legal counsel, the CoCO, the HCO, the OSBP

(if the action involves a small business), and approval from the HCA prior to the release of any

termination notice under this section.

Parent topic: SUBPART 249.70 — SPECIAL TERMINATION REQUIREMENTS
EXHIBIT 31.2 - CERTIFICATION OF CHIEF FINANCIAL OFFICER
               PURSUANT TO RULE 13a-14(a)

I, Rod Lynam, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Gallery of
History, Inc.;

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
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

a) designed such disclosure controls and procedures 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 quarterly report is being
prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

c) presented in this quarterly report our conclusions about the effectiveness
of the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls.


Date:  August 13, 2004

                                /s/  ROD LYNAM
                                _______________________
                                Rod Lynam
                                Chief Financial Officer