alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 490.4 General information inquiries.

DOE responses to inquiries with regard to the provisions of this part that are not filed in compliance with §§ 490.5 or 490.6 of this part constitute general information and the responses provided shall not be binding on DOE.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. DOM INGO EDWARD OW EN, De fe nda

nt - Appe lla

nt. No. 14-50365

D.C . No. 3:14-c r-00990-W QH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia W illia m Q. Ha y e s, Distric t Judge , Pre siding Subm itte d August 25, 2015 ** B e fore : M c KEOW

N , C LIFTON, a

nd HUR W ITZ, C irc u it Judge s. Dom ingo Edwa

rd Owe n a

ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 78-m onth se nte n c e im pose d following his guilty -ple a c onvic tion for posse s sion of m e t

ham phe tam ine with intent to distribute , in viola tion of 21 U.S.C . § 841(a )(1). W e have jurisdic tion unde r 28 U.S.C . § 1291, a nd we a ffirm . 

# FIL ED

SEP 01 2015 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).Owe n a s se rts tha t the distric t

c ourt e rre d by

de c lining to a

ward a m inor-role a djustm e nt unde r U.S.S.G. § 3B 1.2(b). W e re vie w a distric t c ourt’ s inte rpre tation of the Guide line s de novo a n d its de te rm ination tha

t a de fe nda nt wa s not a

m inor pa rtic i pa nt for c l e ar e rror. Se e Unite d State s v . Hurtado , 760 F.3d 1065, 1068 (9th C ir. 2014), c e rt . de nie d , 135 S. C t. 1467 (2015). The re c ord re fle c ts tha

t the c ourt prope rly a pplie d the Guide line s a

nd our pre c e de nt, c onside ring thetota lity of the c irc um s ta nc e s a s we ll a s Owe n’ s role in the sm u ggling operation. Se eid . at 1068- 69; Unite d State

s v . Rodrigue

z-C astro , 641 F.3d 1189, 1193 (9th C ir. 2011). The distric t c o urt did not c le arly e rror in de ny ing thea djustm e nt. Se eHurtado , 760 F.3d at 1068-69. AFFIRM E D.

1 4 - 5 0 3 6 5 2
* 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

April 21, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-20690

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JORGE ALBERTO CANTU-SANCHEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-02-CR-737-ALL

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

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

Jorge Alberto Cantu-Sanchez was found guilty following a

bench trial of being found unlawfully present in the United

States after deportation, in violation of 8 U.S.C. § 1326(a). He

argues that the indictment should be dismissed under United

States v. Mendoza-Lopez, 481 U.S. 828 (1987), because the

immigration judge who ordered him deported erred in failing to

advise him that he possessed a right to apply for discretionary

relief from deportation for which he was eligible to apply. He
No. 03-20690

-2-

concedes that his argument is foreclosed by United States v.

Lopez-Ortiz, 313 F.3d 225 (5th Cir. 2002), and he raises the

claim solely to preserve the issue for further review.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

The judgment of the district court is AFFIRMED.

AFFIRMED; MOTION GRANTED.
<PAGE>

                                                                    EXHIBIT 31.1

                                  CERTIFICATION

I, James J. Houtz, President of Sionix Corporation, certify that:

         1. I have reviewed this quarterly report on Form 10-QSB of Sionix
Corporation:

         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 represent 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 we 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 this period in which the 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 the registrant's board of directors (or persons performing the
equivalent function):

                  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; and

         6. The registrant's other certifying officer and I have indicated in
this quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date: August 14, 2003

 /s/ James J. Houtz
 ---------------------------
   James J. Houtz
   President
PUBLIC LAW 109–439—DEC. 20, 2006 120 STAT. 3285

LEGISLATIVE HISTORY—S. 4044:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 29, considered and passed Senate.

Dec. 6, considered and passed House.

Æ

Public Law 109–439

109th Congress

An Act

To clarify the treatment of certain charitable contributions under title 11, United

States Code.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Religious Liberty and Charitable

Donation Clarification Act of 2006’’.

SEC. 2. TREATMENT OF CERTAIN CONTRIBUTIONS IN BANKRUPTCY.

Section 1325(b)(3) of title 11, United States Code, is amended

by inserting ‘‘, other than subparagraph (A)(ii) of paragraph (2),’’

after ‘‘paragraph (2)’’.

Approved December 20, 2006.

11 USC 101 note.

Religious Liberty

and Charitable

Donation

Clarification Act

of 2006.

Dec. 20, 2006

[S. 4044]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 628 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 628

Congratulating Bruce Springsteen of New Jersey on the 30th anniversary 
of his masterpiece record album ``Born to Run,'' and commending him on 
     a career that has touched the lives of millions of Americans.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

Mr. Pallone (for himself, Mr. Pascrell, Mr. Ferguson, Mr. Rothman, Mr. 
 Menendez, and Mr. Holt) submitted the following resolution; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                               RESOLUTION

 
Congratulating Bruce Springsteen of New Jersey on the 30th anniversary 
of his masterpiece record album ``Born to Run,'' and commending him on 
     a career that has touched the lives of millions of Americans.

Whereas Bruce Springsteen is a native of New Jersey whose music has given voice 
        to the hopes and dreams of the American people;
Whereas Mr. Springsteen honed his talent playing in venues along the Jersey 
        Shore;
Whereas Mr. Springsteen achieved widespread and well-deserved recognition 30 
        years ago with the release of his 1975 classic rock album, ``Born to 
        Run'';
Whereas Mr. Springsteen tells his stories in the language of his native State 
        and the Nation; and
Whereas while the appeal of Bruce Springsteen extends far beyond the Garden 
        State, he still holds a special place in the hearts of New Jerseyans: 
        Now, therefore, be it
    Resolved, That the House of Representatives congratulates Bruce 
Springsteen of New Jersey on the 30th anniversary of his masterpiece 
record album, ``Born to Run'', and commends him on a career that has 
touched the lives of millions of Americans.
                                 <all>
```
#### The People of the State of New York, Respondent, v. Arthur Burton Stroud, Appellant.

Memorandum by the Court. Appeal from an order of the County Court of Chemung 'County, entered February 25, 1969, denying a *coram nobis*petition after a hearing. On a prior appeal this court reversed an order which denied defendant’s motion for a hearing on the issue of voluntariness of certain statements, admissions and confessions introduced *1048against defendant upon his trial and remitted the ease for a hearing. *(People*v. *Stroud,*26 A D 2d 868, affd. 20 N Y 2d 915.) Defendant was convicted of the crimes of robbery in the second degree and grand larceny in the second degree following a trial by jury held in the County Court of Chemung County on June 12, 1956, and was thereafter sentenced as a fourth felony offender to a term of not less than 15 years nor more than life. On May 29, 1968 a *Huntley*hearing was held in the County Court of Chemung County to determine the voluntariness of the statements, admissions and confessions introduced against defendant upon his trial in 1956. . On February 6, 1969 the court determined that the statements, admissions and confessions of defendant were voluntarily made, and the voluntariness was established beyond a reasonable doubt. An order was thereafter on February 25, 1969 entered denying defendant’s application for a writ of error *coram, nobis.*Defendant now contends that his statements, admissions and confessions were neither freely nor voluntarily made, and that the People failed to establish voluntariness beyond a reasonable doubt. The basis of this contention is defendant’s testimony that he was intoxicated at the time they were made to the extent that he recalled nothing concerning the making of the statements, admissions and confessions. “ The general rule applicable to confessions obtained from persons under intoxication has been well stated to the effect that *‘*proof that the accused was intoxicated at the time he confessed his guilt of crime will not, without more, bar the reception of the confession in evidence. But if it is shown that the accused was intoxicated to the degree of mania, or of being unable to understand the meaning of his statements, then the confession is inadmissible.’ (Ann.: Intoxication of Accused at Time of Confession, 69 ALR 2d 361.) ” *(People*v. *Sohompert,*19 N Y 2d 300, 305.) Here, the only evidence of intoxication is defendant’s own testimony as opposed to the testimony of the police officers, the District Attorney’s secretary, and the victim of the robbery, all of whom testified that defendant was sober. Thus, the issue is that of the credibility of the witnesses which is a question of fact for the court. The court resolved this issue in favor of the People and we see no reason to disturb that finding. Order affirmed. Herlihy, P. J., Reynolds, 'Staley, Jr., Greenblott and Sweeney, JJ., concur in memorandum by the court.
(logo)
Grant Thornton





Report
of Independent Registered Public Accounting Firm



| | Audit
      • Tax •Advisory
      Grant
      Thornton LLP
      1201
      Walnut St, Suite 2200
      Kansas
      City, Missouri 64106
      T
      816.412.2400
      F
      816.412.2404
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Board
of Directors

Situs
Holdings, LLC



We
have examined management’ s assertion, included in the accompanying
 Certification  Regarding Compliance with  Applicable 
Servicing  Criteria (“Management’s  Assertion”),  that 
Situs  Holdings,  LLC  (the  “Company”) complied with 
servicing criteria set forth in Items  1117, 1119, 1122(d)(3)(i),
1122(d)(4)(i) and  1122(d)(4)(vii) of the U.S. Securities and 
Exchange  Commission’s Regulation  AB included in Appendix A as of and
for the year ended December 31, 2015, with respect to the Company’s Operating or
Trust Advisor Services performed over the deals listed in Appendix B (the
“Platform”). Management is responsible for the Company’s compliance with the
applicable servicing criteria. Our responsibility is to express an opinion on
management’s assertion about the Company’s compliance with the applicable
servicing criteria for the Platform based on our examination.



Our
examination was conducted in accordance with the standards of the Public Company
Accounting Oversight Board (United States) and, accordingly, included examining,
on a test basis, evidence about the Company’s compliance with the applicable
servicing criteria for the Services and performing such other procedures as we
considered necessary in the circumstances. Our examination was not designed to
detect material noncompliance that may have occurred prior to the period covered
by this report and that may have affected the Company’s activities with respect
to the Platform during the period covered by this report. We believe that our
examination provides a reasonable basis for our opinion. Our examination does
 not provide a legal determination on the Company’s compliance with the
applicable servicing criteria.



In
our opinion, management’s assertion that Situs Holdings, LLC complied with the
aforementioned minimum servicing standards as of and for the year ended December
31, 2015, for the Platform is fairly stated, in all material respects.



/s/
Grant Thornton LLP



Kansas
City, Missouri

February 18,
2016
(logo)usbank

 

 

Global Corporate Trust

190 S. LaSalle Street, 7thFloor

MK-IL-SL7C

Chicago, IL 60603

 

usbank.com

 

**Annual Statement of Compliance**

**Morgan Stanley Bank of America Merrill Lynch Trust2013-C7**

 

*VIA: EMAIL*

 

Morgan Stanley Capital I Inc.

1585 Broadway

New York, New York 10036

Attention: Stephen Holmes

stephen.holmes@morganstanley.com

 

 

Re:           The Pooling and Servicing Agreement (the"Agreement") dated as of January 1, 2013 among Morgan Stanley CapitalI, Inc. as depositor, Midland Loan Services, a Division of PNC Bank, NationalAssociation, as master servicer and special servicer, Situs Holdings, LLC, astrust advisor, Wells Fargo Bank, National Association, as custodian and U.S.Bank National Association, as trustee, certificate administrator, certificateregistrar and authenticating agent

 

I,Kimberly O. Jacobs, a Senior Vice President of U.S. Bank National Association,as Certificate Administrator, as a certifying servicer hereby certify that:

 

         (1) A review of the activities of the Certificate Administrator during thepreceding calendar year (the “Reporting Period”) and of the performance of theCertificate Administrator under the Agreement has been made under mysupervision; and

 

         (2) To the best of my knowledge, based on such review, the CertificateAdministrator has fulfilled all its obligations under the Agreement in allmaterial respects throughout such Reporting Period 

 

Capitalized terms used but notdefined herein have the meanings set forth in the Agreement.

 

 

Date: March 1, 2019

 

 

U.S. Bank National Associationas Certificate Administrator 

 

 

By: /s/ Kimberly O. Jacobs

Kimberly O. Jacobs

Senior Vice President
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 24, 2017

a0117 

# Order

Clerk January 24, 2017

154430

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 154430

COA: 333645

Antrim CC: 2014

- 004684

- FH

ANGELA MARIE WAY,

Defendant

- Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the July 22, 2016 order

of the Court of Appeals is considered, and it is DEN IED, because we are not persuaded

that the questions presented should be reviewed by this Court.
PROPOSED 

LEGISLATION 

THE GRIC TRIBAL IMPLEMENTATION 

PLAN AIR QUALITY ORDINANCES WILL BE 

CONSIDERED FOR APPROVAL AT THE 

LEGISLATIVE STANDING COMMITTEE 

MEETING AT 1:00 PM, WEDNESDAY 

TH SEPTEMBER 27 ,2006. 

COMMUNITY MEMBERS MAY ATTEND THE 

MEETING TO COMMENT ON THE 

PROPOSED ORDINANCES OR BY 

CONTACTING THEIR COUNCILMEMBER(S) 

AND/OR THE CHAIRPERSON OF' THE 

LEGISLATIVE STANDING COMMITTEE. 

WRITTEN COMMENTS MAY BE SENT TO: 

MICHELLE BLACKWATER 

LEGISLATIVE STANDING COMMITTEE 

SECRETARY 

P.O. BOX 318 

SACATON, AZ. 

85247 
COPIES OF THE COMPLETE 

ORDINANCES ARE AVAILABLE 

FOR REVIEW AT THE OFFICE 

OF THE DISTRICT 

COORDINATOR AND THE 

COMMUNITY SECRETARY'S 

OFFICE
2007-2247.

#### Walker v. Thomas.

In Habeas Corpus. On petition for writ of habeas corpus of Thaddeus Walker. Sua sponte, cause dismissed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.
#### § 431.101 Purpose and scope.

This subpart contains energy conservation requirements for certain commercial water heaters, hot water supply boilers and unfired hot water storage tanks, pursuant to Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317.

[69 FR 61983, Oct. 21, 2004, as amended at 70 FR 60415, Oct. 18, 2005]
PGI 225.770 Prohibition on acquisition of

certain items from Communist Chinese

military companies.

(1) The Department of State is the lead agency responsible for the regulations governing the export

of defense articles, which are identified on the United States Munitions List. The Department of

State has issued the International Traffic in Arms Regulations, which implement the Arms Export

Control Act (22 U.S.C. 2751) and include the United States Munitions List.

(2) The official version of the International Traffic in Arms Regulations can be found in Title 22,

Parts 120 through 130, of the Code of Federal Regulations (22 CFR 120-130), published by the U.S.

Government Printing Office and available at http://www.gpoaccess.gov/cfr/index.html. The

Department of State also publishes an on-line version at

http://www.pmddtc.state.gov/regulations_laws/itar_official.html.

PGI 225.770-1 Definitions.

PGI 225.770-4 Identifying USML items.

PGI 225.770-5 Waiver of prohibition.

Parent topic: PGI 225.7 -PROHIBITED SOURCES
Editorial Note on Part 70
Editorial Note: Nomenclature changes to part 70 appear at 81 FR 86910, Dec. 2, 2016.

§ 70.55 Inspections. ( a ) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect special nuclear material and the premises and facilities wherein special nuclear material is used, produced, or stored.
( b ) Each licensee shall make available to the Commission for inspection, upon reasonable notice, records kept by the licensee pertaining to his receipt, possession, use, acquisition, import, export, or transfer of special nuclear material.
( c ) ( 1 ) In the case of fuel cycle facilities where nuclear reactor fuel is fabricated or processed each licensee shall upon request by the Director, Office of Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator, provide rent-free office space for the exclusive use of Commission inspection personnel. Heat, air conditioning, light, electrical outlets and janitorial services shall be furnished by each licensee. The office shall be convenient to and have full access to the facility and, shall provide the inspector both visual and acoustic privacy.
( 2 ) For a site with a single fuel facility licensed pursuant to part 70, the space provided shall be adequate to accommodate a full-time inspector, a part-time secretary and transient NRC personnel and will be generally commensurate with other office facilities at the site. A space of 250 square feet either within the site's office complex or in an office trailer or other on site space is suggested as a guide. For sites containing multiple fuel facilities, additional space may be requested to accommodate additional full-time inspector(s). The office space that is provided shall be subject to the approval of the Director, Office of Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator. All furniture, supplies and communication equipment will be furnished by the Commission.
( 3 ) The licensee shall afford any NRC resident inspector assigned to that site or other NRC inspectors identified by the Director, Office of Nuclear Material Safety and Safeguards, as likely to inspect the facility, immediate unfettered access, equivalent to access provided regular plant employees, following proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.
[21 FR 764, Feb. 3, 1956. Redesignated at 25 FR 1607, Feb. 25, 1960, and 25 FR 12730, Dec. 13, 1960, and amended at 32 FR 2563, Feb. 7, 1967; 44 FR 47919, Aug. 16, 1979; 52 FR 31612, Aug. 21, 1987; 54 FR 6877, Feb. 15, 1989; 55 FR 5979, Feb. 21, 1990]
Case 2:06-cv-00766-MHT-TFM Document 80 Filed 07/12/2007 Page 1 of 1
#### Elmer Lewis, Respondent, v. Niagara County Board of Elections, Respondent, and Michael W. Kisiel, Commissioner of Elections, Appellant.

Order unanimously affirmed, without costs. Memorandum: There is substantial merit to the contention of petitioner-respondent that an individual member of the Board of Elections has no authority to appeal from the order made herein!. Without passing dn this contention we conclude that the determination of Special *877Term was correct. (Order entered June 9, 1969.) (Appeal from order of Niagara Special Term directing placing of name on ballot.) Present—Del Yecchio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.