alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-20793 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JULIAN ESPARZA, Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas (CR H 87 1, CA H 95 295) April 12, 1996 Before JOHNSON, DUHE and BENAVIDES, Circuit Judges. Per Curiam: * Julian Esparza appeals from the district court’s order denying his motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. There is no merit to Esparza’s claim that he was deprived of effective assistance of counsel because his counsel failed to call an expert witness or to challenge the testimony of certain witnesses. Cf. Johnson v. Scott , 68 F.3d 106, 111 (5th Cir. 1995), petition for cert. filed, (U.S. Jan. 16, 1996) (No. 95-7530) and Alexander v. McCotter , 775 F.2d 595, 602 (5th Cir. 1985). Esparza’s remaining issues are procedurally barred. See United States v. Drobny , 955 F.2d 990, 994-95 (5th Cir. 1992). We do not address Esparza’s arguments that his counsel failed to prepare a defense for2

trial, consult with Esparza, present Esparza’s version of the facts, investigate the facts, interview witnesses, review the Government’s evidence, impeach the Government’s witnesses, and object to the documentary evidence because they are all raised for the first time in Esparza’s reply brief. See United States v. Prince , 868 F.2d 1379, 1386 (5th Cir.), cert. Denied , 493 U.S. 932 (1989). AFFIRMED.
#### § 52.131 Scope of subpart.

This subpart sets out procedures for the filing, NRC staff review, and referral to the Advisory Committee on Reactor Safeguards of standard designs for a nuclear power reactor of the type described in § 50.22 of this chapter or major portions thereof.
# EUR-Lex - 31980R2211 - EN

Avis juridique important

*|*

# 31980R2211

**Council Regulation (EEC) No 2211/80 of 27 June 1980 on the conclusion of the Agreement on fisheries between the European Economic Community and the Government of Denmark and the Home Government of the Faroe Islands **

*
Official Journal L 226 , 29/08/1980 P. 0011 - 0011 Finnish special edition: Chapter 4 Volume 1 P. 0048 Greek special edition: Chapter 11 Volume 21 P. 0121 Swedish special edition: Chapter 4 Volume 1 P. 0048 Spanish special edition: Chapter 04 Volume 1 P. 0110 Portuguese special edition Chapter 04 Volume 1 P. 0110 *

COUNCIL REGULATION (EEC) No 2211/80 of 27 June 1980 on the conclusion of the Agreement on fisheries between the European Economic Community and the Government of Denmark and the Home Government of the Faroe Islands

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament [1],

[1]OJ No C 182, 31.7.1978, p. 55.

Whereas by its resolution of 3 November 1976 on certain external aspects of the creation of a 200-mile fisheries zone in the Community with effect from 1 January 1977, the Council agreed that fishing rights for Community fishermen in the waters of third countries must be obtained and preserved by appropriate Community Agreements;

Whereas the Agreement on fisheries between the Community and the Government of Denmark and the Home Government of the Faroe Islands signed on 15 March 1977 should be concluded,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement on fisheries between the European Economic Community and the Government of Denmark and the Home Government of the Faroe Islands is hereby approved on behalf of the Community.

The text of the Agreement is annexed to this Regulation.

Article 2

The President of the Council shall give the notification provided for in Article 11 of the Agreement [2].

[2]The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 June 1980.

For the Council

The President

A. SARTI
§ 603.515 Qualification of a consortium. ( a ) A consortium that is not formally incorporated must provide a collaboration agreement, commonly referred to as the articles of collaboration, which sets out the rights and responsibilities of each consortium member. This agreement binds the individual consortium members together and should discuss, among other things, the consortium's ( 1 ) Management structure;
( 2 ) Method of making payments to consortium members;
( 3 ) Means of ensuring and overseeing members' efforts on the project;
( 4 ) Provisions for members' cost sharing contributions; and
( 5 ) Provisions for ownership and rights in intellectual property developed previously or under the agreement.
( b ) If the prospective recipient of a TIA is a consortium that is not formally incorporated, the contracting officer must, in consultation with legal counsel, review the management plan in the consortium's collaboration agreement to ensure that the management plan is sound and that it adequately addresses the elements necessary for an effective working relationship among the consortium members. An effective working relationship is essential to increase the project's chances of success.
IV 

House Calendar No. 50

109TH CONGRESS 

1ST SESSION H. RES. 315

[Report No. 109–127] 

Providing for consideration of the bill (H.R. 2863) making appropriations 

for the Department of Defense for the fiscal year ending September 

30, 2006, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2005

Mr. COLE, from the Committee on Rules, reported the following resolution; 

which was referred to the House Calendar and ordered to be printed 

RESOLUTION

Providing for consideration of the bill (H.R. 2863) making 

appropriations for the Department of Defense for the 

fiscal year ending September 30, 2006, and for other 

purposes.

1 Resolved, That at any time after the adoption of this 

2 resolution the Speaker may, pursuant to clause 2(b) of 

3 rule XVIII, declare the House resolved into the Committee 

4 of the Whole House on the state of the Union for consider5 ation of the bill (H.R. 2863) making appropriations for 

6 the Department of Defense for the fiscal year ending Sep-
2

HRES 315 RH 

1 tember 30, 2006, and for other purposes. The first reading 

2 of the bill shall be dispensed with. All points of order 

3 against consideration of the bill are waived. General de4 bate shall be confined to the bill and shall not exceed one 

5 hour equally divided and controlled by the chairman and 

6 ranking minority member of the Committee on Appropria7 tions. After general debate the bill shall be considered for 

8 amendment under the five-minute rule. All points of order 

9 against provisions in the bill for failure to comply with 

10 clause 2 of rule XXI are waived. During consideration of 

11 the bill for amendment, the Chairman of the Committee 

12 of the Whole may accord priority in recognition on the 

13 basis of whether the Member offering an amendment has 

14 caused it to be printed in the portion of the Congressional 

15 Record designated for that purpose in clause 8 of rule 

16 XVIII. Amendments so printed shall be considered as 

17 read. When the committee rises and reports the bill back 

18 to the House with a recommendation that the bill do pass, 

19 the previous question shall be considered as ordered on 

20 the bill and amendments thereto to final passage without 

21 intervening motion except one motion to recommit with 

22 or without instructions. 

House Calendar No. 50

109TH CONGRESS 

1ST SESSION H. RES. 315

[Report No. 109–127] 

RESOLUTION

Providing for consideration of the bill (H.R. 2863) 

2006, and for other purposes. Defense for the fiscal year ending September 30, making appropriations for the Department of 

JUNE 14, 2005

Referred to the House Calendar and ordered to be 

printed
#### JOHNSON, Respondent, v. SAYLES, Appellant.

(Supreme Court, Appellate Division, Third Department.

March 3, 1915.)

Action by John A. Johnson against Julius Sayles.

No opinion. Judgment and order unanimously affirmed, with costs.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 465 Introduced in House (IH)]

109th CONGRESS
  1st Session
H. RES. 465

  Recognizing the commencement of Ramadan, the Islamic holy month of 
  fasting and spiritual renewal, and commending Muslims in the United 
            States and throughout the world for their faith.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2005

Ms. Eddie Bernice Johnson of Texas (for herself, Mr. Meeks of New York, 
 Mr. Honda, Mr. Lantos, Mr. Conyers, Mrs. Jones of Ohio, Mr. Grijalva, 
  Mr. Rothman, Ms. McCollum of Minnesota, Mr. Burton of Indiana, Ms. 
 Berkley, Mr. Holt, Ms. Jackson-Lee of Texas, Mr. Dingell, Mr. Filner, 
    Mr. Abercrombie, Mr. Serrano, and Ms. Schakowsky) submitted the 
     following resolution; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                               RESOLUTION

 
  Recognizing the commencement of Ramadan, the Islamic holy month of 
  fasting and spiritual renewal, and commending Muslims in the United 
            States and throughout the world for their faith.

Whereas since the terrorist attacks on the United States on September 11, 2001, 
        threats and incidents of violence have been directed at law-abiding, 
        patriotic Americans of African, Arab, and South Asian descent, 
        particularly members of the Islamic faith;
Whereas on September 14, 2001, the House of Representatives passed a concurrent 
        resolution condemning bigotry and violence against Arab-Americans, 
        American Muslims, and Americans from South Asia in the wake of the 
        terrorist attacks in New York, New York, and Washington, D.C.;
Whereas it is estimated that there are approximately 1,500,000,000 Muslims 
        worldwide;
Whereas Ramadan is the holy month of fasting and spiritual renewal for Muslims 
        worldwide, and is the 9th month of the Muslim calendar year; and
Whereas the observance of the Islamic holy month of Ramadan commences at dusk on 
        October 15, 2005, and continues for one lunar month: Now, therefore, be 
        it
    Resolved, That--
            (1) during this time of conflict, in order to demonstrate 
        solidarity with and support for members of the community of 
        Islam in the United States and throughout the world, the House 
        of Representatives recognizes the Islamic faith as one of the 
        great religions of the world; and
            (2) in observance of and out of respect for the 
        commencement of Ramadan, the Islamic holy month of fasting and 
        spiritual renewal, the House of Representatives acknowledges 
        the onset of Ramadan and expresses its deepest respect to 
        Muslims in the United States and throughout the world on this 
        significant occasion.
                                 <all>
```
(logo) usbank                                                                                                                                                      All of us serving you

 

 

Annual Statement of Compliance

Morgan Stanley Bank of America Merrill Lynch Trust 2013-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 Capital I, Inc. as depositor, Midland Loan Services, a Division of PNC Bank, National Association, as master servicer and special servicer, Situs Holdings, LLC, as trust advisor, Wells Fargo Bank, National Association, as custodian and U.S. Bank National Association, as trustee, certificate administrator, certificate registrar 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 the preceding calendar year (the “Reporting Period”) and of the performance of the Certificate Administrator under the Agreement has been made under my supervision; and

 

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

 

Capitalized terms used but not defined herein have the meanings set forth in the Agreement.

 

 

Date: March 15, 2016

 

 

U.S. Bank National Association as Certificate Administrator 

 

 

By: /s/ Kimberly O. Jacobs

Kimberly O. Jacobs

Senior Vice President
PGI 242.7203 Review procedures.

(c) Disposition of findings.

(2) Initial determination.

(ii)(A) Within 10 days of receiving the report, if the contracting officer makes a determination that

there is a significant deficiency, the contracting officer should provide an initial determination of

deficiencies and a copy of the report to the contractor and require the contractor to submit a written

response.

(C) Evaluation of contractor's response. Within 30 days of receiving the contractor’s response, the

contracting officer, in consultation with the auditor or cognizant functional specialist, should

evaluate the contractor’s response and make a final determination.

(3) Final Determination.

(ii)(A) Monitoring contractor's corrective action. The contracting officer, with the assistance of the

auditor, shall monitor the contractor's progress in correcting deficiencies. If the contractor fails to

make adequate progress, the contracting officer shall take whatever action is necessary to ensure

that the contractor corrects the deficiencies. Examples of actions the contracting officer can take

are: disapprove the contractor's MMAS; bringing the issue to the attention of higher level

management; implementing or increasing the withholding in accordance with 252.242-7005,

Contractor Business Systems, if applicable; and recommending non-award of potential contracts.

(B) Correction of significant deficiencies.

(1) When the contractor notifies the contracting officer that the contractor has corrected the

significant deficiencies, the contracting officer shall request that the auditor review the correction to

determine if the deficiencies have been resolved.

(2) The contracting officer shall determine if the contractor has corrected the deficiencies.

(3) If the contracting officer determines the contractor has corrected the deficiencies, the

contracting officer's notification shall be sent to the auditor; payment office; appropriate action

officers responsible for reporting past performance at the requiring activities; and each contracting

and contract administration office having substantial business with the contractor as applicable.

Parent topic: PGI 242.72 -CONTRACTOR MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM
EXHIBIT 23.1





TBPE REGISTERED ENGINEERING FIRM F-1580FAX (713) 651-08491100 LOUISIANA STREETSUITE 4600HOUSTON, TEXAS 77002-5294TELEPHONE (713) 651-9191








CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS











We hereby consent to the references in this Annual Report on Form 10-K for the year ended December 31, 2013, of Gulf Coast Ultra Deep Royalty Trust, including the Notes to the Financial Statements included in such Form 10-K, to all references to our firm name and to our reserve reports prepared for Gulf Coast Ultra Deep Royalty Trust (the “Royalty Trust”) relating to the estimated quantities of certain of the Royalty Trust’s proved reserves of oil and gas and present values thereof as of December 31, 2013.








/s/ RYDER SCOTT COMPANY, L.P.








RYDER SCOTT COMPANY, L.P.


TBPE Firm Registration No. F-1580

















Houston, Texas


March 31, 2014


















































SUITE  600,  1015  4TH  STREET, S.W.       CALGARY, ALBERTA T2R 1J4    TEL (403) 262-2799    FAX (403) 262-2790
 621  17TH STREET, SUITE 1550    DENVER, COLORADO 80293-1501    TEL (303) 623-9147    FAX (303) 623-4258
Exhibit 35.1



|     |  |  |  |                                                                                                                        
|---- |  |  |  | -----------------------------------------------------------------------------------------------------------------------
|LOGO |  |  |  | Corporate Trust Services 
MAC R1204-010 9062 Old Annapolis Road
Columbia, MD 21045 
Tel: 410 884 2000 Fax: 410 715 2380

Citibank, N.A.

388 Greenwich
Street

14th Floor

New York, New York 10013

RE: Annual Statement of Compliance for Sequoia Mortgage Trust 2013-3

Per the Amended and Restated Pooling and Servicing Agreement dated as of January 1, 2014 (the Agreement), the undersigned, a duly authorized
officer of Wells Fargo Bank, N.A., as Master Servicer (Wells Fargo), hereby certifies as follows as of and for the year ending December 31, 2015 (the Reporting Period):

(a) A review of Wells Fargos activities during the Reporting Period and of its performance under the Agreement has been made under such
officers supervision; and

(b) To the best of such officers knowledge, based on such review, Wells Fargo has fulfilled all of
its obligations under the Agreement in all material respects throughout the Reporting Period.

March 1, 2016



LOGO



Kristen
Cronin

Vice President





|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO
PGI 204.101 Contracting officer's signature.

(1) Include the contracting officer's telephone number and, when available, e-mail/Internet address

on contracts and modifications.

(2) The contracting officer may sign bilateral modifications of a letter contract before signature by

the contractor.

Parent topic: PGI 204.1 -CONTRACT EXECUTION
###### Editorial Note on Part 1045

#### Editorial Notes:Nomenclature changes to part 1045 appear at 88 FR 41294, June 26, 2023, and 88 FR 82238, Nov. 24, 2023.

§ 1045.225 Are DOE responses to MDR requests available to the public?

Editorial Notes:

Nomenclature changes to part 1045 appear at 88 FR 41294, June 26, 2023, and 88 FR 82238, Nov. 24, 2023.

Yes. Once the classified and unclassified information exempt from public release is redacted, DOE responses to MDR requests, as well as FOIA requests for matter containing classified information, are posted on DOE's OpenNet System at: *https://www.osti.gov/opennet/.*
ex10-49.htm


    EXHIBIT
10.49

     

    
      Second
Amendment

      To

      Change
of Control and Severance Benefits Agreement

      


      This
Second Amendment (the
“First Amendment”) to Change of Control and Severance Benefits Agreement is made this 6h day
of April, 2009, by and between ImageWare Systems, Inc., a Delaware corporation
(the “Company”), on the one hand, and David Harding, Vice President of
Engineering and Chief Technical Officer, on the other hand (the “Executive”).
 

                          

      WHEREAS, the Company and the
Executive entered into a Change of Control and Severance Benefits Agreement
dated as of May 21, 2007 which was then  subsequently amended on the
27h day
of September, 2008 (the “Severance Agreement”); and

      


      WHEREAS, the Executive
continues to perform valuable services for the Company and the Company desires
to assure itself of the continuing services of Executive; and

      


      WHEREAS, in consideration of
the foregoing and in order to amend the terms of the Agreement and to provide
for the continued services of the Executive in accordance with the present
intent of the Company and the Executive.

      


      NOW THEREFORE, in
consideration of the foregoing and for other good and valuable consideration,
receipt of which is hereby acknowledged, and in further consideration of the
mutual covenants contained in the Severance Agreement, the parties do hereby
agree that the Severance Agreement is hereby amended as follows:

      


      Section “2. Term of
Agreement”  strike the
language “continue until June 30, 2009” and replace it with “continue until
December 31, 2009”.

      


      


      


      


      _________________________________                                                             _________________________________

       

      ImageWare
Systems,
Inc.                                                                                           
 David Harding
#### § 71.117 Identification and control of materials, parts, and components.

The licensee, certificate holder, and applicant for a CoC shall establish measures for the identification and control of materials, parts, and components. These measures must assure that identification of the item is maintained by heat number, part number, or other appropriate means, either on the item or on records traceable to the item, as required throughout fabrication, installation, and use of the item. These identification and control measures must be designed to prevent the use of incorrect or defective materials, parts, and components.
#### Hannah Klemes, Respondent, v. Arthur Sohnen, Appellant.

Appeal from an order of the Family Court, at a term held in New York County for Kings County, dated February 4, 1969, which transferred the proceeding from that court to the Criminal Court of the City of New York, County of Kings. Order affirmed, without costs. In our opinion the order is a final order which is appealable as of right under section 1012 of the Family Court Act *(Matter of Geraldine B.*[Anonymous] v. *Louis B.*[Anonymous], 32 A D 2d 808). We are also of the view, however, that the alleged assault committed by appellant, the father-in-law of petitioner’s daughter, on petitioner, the mother-in-law of appellant’s son, was not a family offense under article 8 of the Family Court Act. The parties did not reside together; and in our opinion they were not “members of the same family or household” within the meaning of section 812 of said statute (cf. *People*v. *Williams,*24 N Y 2d 274). The question is one which this court may consider *de novo,*despite a contrary determination by another Judge of the Family Court (cf. *Walker*v. *Gerli,*257 App. Div. 249, 251; *Rothouse*v. *Association of Lake Mohegan Park Prop. Owners,*15 A D 2d 739). Beldock, P. J., Christ, Brennan, Hopkins and Martuseello, JJ., concur.