alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1998 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

2-2-1998

United States v. Haddy

Precedential or Non-Precedential:

Docket 96-5589

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1998

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1998 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"United States v. Haddy" (1998). 1998 Decisions. Paper 23.

http://digitalcommons.law.villanova.edu/thirdcircuit_1998/23
 UNITED STATES COURT OF APPEALS 

 FOR THE THIRD CIRCUIT 

 Nos. 96-5589 and 96-5622 

 USA vs. Haddy, et al 

 The following modifications have been made to the Court's 

Opinion issued on January 21, 1998 in the above-entitled appeal 

and will appear as part of the final version of the opinion: 

 Page 4, footnote 5., line 2: please ad "a" before word "grand". 

 Page 11, paragraph 2, line 2: delete the words "to design" and 

substitute the 

 word "designed". 

 Page 12, paragraph 1, line 6: delete comma after "prejudicial" 

 Page 12, paragraph 2; line 4: delete comma after cite; substitute 

period for 

 comma. Capitalize "s" in word "See". 

 

 

 Very truly yours, 

 /s/ P. Douglas Sisk, 

 Clerk 

Dated: February 2, 1998
**Exhibit 32**
**CERTIFICATION**
     To my knowledge, this Report on Form 10-Q of Tri-County FinancialCorporation (the “Company”) for the quarter ended September 30, 2004 fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, and the information contained in this Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.        Date: November 15, 2004By:  /s/ Michael L. Middleton   Michael L. Middleton    President and Chief Executive Officer           Date: November 15, 2004By:  /s/ William J. Pasenelli    William J. Pasenelli    Executive Vice President and Chief Financial Officer
Exhibit 31.1

CERTIFICATION

I, Andrew
Kang, 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 Santander Drive Auto Receivables Trust 2015-5
(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. Based on
my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements
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 parties: Wells Fargo Bank, National Association.



By:

/s/ Andrew KangName:

Andrew KangTitle:

President and Chief Executive OfficerSantander Drive Auto Receivables LLC, as Depositor(senior officer in charge of securitization of the depositor)Date:

March 30, 2017
§ 1.857-11 Non-REIT earnings and profits. ( a ) *Applicability of section 857(a)(3)(A).* A real estate investment trust does not satisfy section 857(a)(3)(A) unless— ( 1 ) Part II of subchapter M applied to the trust for all its taxable years beginning after February 28, 1986; and
( 2 ) For each corporation to whose earnings and profits the trust succeeded by the operation of section 381, part II of subchapter M applied for all the corporation's taxable years beginning after February 28, 1986.
( b ) *Applicability of section 857(a)(3)(B); in general.* A real estate investment trust does not satisfy section 857(a)(3)(B) unless, as of the close of the taxable year, it has no earnings and profits other than earnings and profits that— ( 1 ) Were earned by a corporation in a year for which part II of subchapter M applied to the corporation and, at all times thereafter, were the earnings and profits of a corporation to which part II of subchapter M applied; or
( 2 ) By the operation of section 381 pursuant to a transaction that occurred before December 22, 1992, became the earnings and profits of a corporation to which part II of subchapter M applied and, at all times thereafter, were the earnings and profits of a corporation to which part II of subchapter M applied.
( c ) *Distribution procedures similar to those for regulated investment companies to apply.* Distribution procedures similar to those in section 852(e) for regulated investment companies apply to non-REIT earnings and profits of real estate investment trusts.
( d ) *Effective date.* This regulation is effective for taxable years ending on or after December 22, 1992.
( e ) For treatment of net built-in gain assets of a C corporation that become assets of a REIT, see § 1.337(d)-5T.
[T.D. 8483, 58 FR 43798, Aug. 18, 1993, as amended by T.D. 8872, 65 FR 5777, Feb. 7, 2000]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited consolidated financial statements for the 3-month period
ended March 31, 1999.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
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<CASH>                                           2,541
<SECURITIES>                                         0
<RECEIVABLES>                                    1,344
<ALLOWANCES>                                       242
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 4,691
<PP&E>                                          48,116
<DEPRECIATION>                                  14,030
<TOTAL-ASSETS>                                  39,479
<CURRENT-LIABILITIES>                            4,867
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<PREFERRED-MANDATORY>                                0
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<COMMON>                                             0
<OTHER-SE>                                      21,805
<TOTAL-LIABILITY-AND-EQUITY>                    39,479
<SALES>                                              0
<TOTAL-REVENUES>                                 8,137
<CGS>                                                0
<TOTAL-COSTS>                                    6,198
<OTHER-EXPENSES>                                   671
<LOSS-PROVISION>                                  (10)
<INTEREST-EXPENSE>                                 302
<INCOME-PRETAX>                                    976
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                976
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       976
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .07
        

</TABLE>
III

103D CONGRESS

1ST SESSION S. RES. 160

Expressing the sense of the Senate regarding the October 21, 1993,

attempted coup d’etat in Burundi, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 2, 1993

Mr. DURENBERGER (for himself, Mr. SIMON, Mr. JEFFORDS, Mr. FEINGOLD,

Mrs. KASSEBAUM, and Mr. GRASSLEY) submitted the following resolution; which was referred to the Committee on Foreign Relations

RESOLUTION

Expressing the sense of the Senate regarding the October

21, 1993, attempted coup d’etat in Burundi, and for

other purposes.

Whereas Burundi has a long history of military rule and ethnic conflict between the majority Hutu and the minority

Tutsi;

Whereas on March 9, 1992, the people of Burundi adopted

a democratic constitution, leading to Burundi’s first

multiparty elections on June 1, 1993, through which

Melchoir Ndadaye was overwhelmingly elected president

in a free and fair election;

Whereas President Ndadaye had shown his commitment to

ethnic reconciliation and democracy by appointing members of the opposition to key government posts;
2

•S RES 160 IS

Whereas recent years have also witnessed a period of ethnic

reconciliation in Burundi, in large part because of policies implemented by former President Buyoya;

Whereas on October 21, 1993, President Ndadaye and other

senior government officials were murdered by coup plotters; and

Whereas the attempted coup and murder of President

Ndadaye sparked ethnically motivated attacks throughout

the country, resulting in widespread deaths and approximately 500,000 refugees fleeing to neighboring Rwanda,

Tanzania, and Zaire: Now, therefore, be it

1 Resolved, That the Senate—

2 (1) strongly condemns the attempted coup

3 d’etat in Burundi and the murder of President

4 Ndadaye;

5 (2) commends the people of Burundi for their

6 commitment to democracy by adopting a constitu7 tion and holding free and fair elections, and for their

8 respect for the democratic process;

9 (3) urges the people of Burundi to help end

10 ethnic strife that has caused untold suffering;

11 (4) encourages the people of Burundi to con12 tinue their commitment to ethnic reconciliation and

13 democracy;

14 (5) commends the Clinton administration for its

15 prompt condemnation of the October 21, 1993, coup
3

•S RES 160 IS

1 in Burundi; and for the immediate suspension of for2 eign assistance to Burundi;

3 (6) calls upon the Organization of African

4 Unity (OAU) to bolster and support the continu5 ation of democracy and the end of ethnic strife in

6 Burundi; and

7 (7) calls upon the international community to

8 assist the OAU in its efforts to strengthen democ9 racy in Burundi and to address the humanitarian

10 needs of Burundian refugees in Rwanda, Tanzania,

11 and Zaire.
#### UNITED STATES of America, Plaintiff-Appellee, v. Alvin Justin HUGGINS, a/k/a Buddy, Defendant-Appellant.

No. 02-6295.

United States Court of Appeals, Fourth Circuit.

Submitted June 13, 2002.

Decided June 18, 2002.

Keith Alan Williams, Keith A. Williams, P.A., Greenville, North Carolina, for Appellant. Robert Edward Skiver, Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

Alvin Justin Huggins seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001). We have reviewed the record and the district court’s opinions and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. *United States v. Huggins,*Nos. CR-95-51-H; CA-01-70-4-H (E.D.N.C. Nov. 26, 2001). We dispense with oral argument because the facts and legal con*651tentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 193 Referred in Senate (RFS)]

104th CONGRESS
  2d Session
H. CON. RES. 193

   Expressing the sense of the Congress that the cost of Government 
  spending and regulatory programs should be reduced so that American 
         families will be able to keep more of what they earn.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 11, 1996

     Received and referred to the Committee on Governmental Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
   Expressing the sense of the Congress that the cost of Government 
  spending and regulatory programs should be reduced so that American 
         families will be able to keep more of what they earn.

Whereas the total cost of Government spending and regulations (total cost of 
        Government) has increased from 48.2 percent of the net national product 
        (NNP) in 1989 to an estimated 50.4 percent of NNP in 1996;
Whereas the total cost of Government now exceeds $3,380,000,000,000 annually;
Whereas Federal regulatory costs now exceed $730,000,000,000 annually;
Whereas the cost of Government in general and excessive regulations in 
        particular have placed a tremendous drain on the economy in recent years 
        by reducing worker productivity, increasing prices to consumers, and 
        increasing unemployment;
Whereas, if the average American worker were to spend all of his or her gross 
        earnings on nothing else besides meeting his or her share of the total 
        cost of Government for the current year, that total cost would not be 
        met until July 3, 1996;
Whereas July 3, 1996, should therefore be considered Cost of Government Day 
        1996; and
Whereas it is not right that the American family has to give up more than 50 
        percent of what it earns to the government: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of the Congress that, as part of balancing the 
budget and reevaluating the role of government, Federal, State, and 
local elected officials should carefully consider the costs of 
Government spending and regulatory programs in the year to come so 
that 
American families will be able to keep more of what they earn.

            Passed the House of Representatives July 10, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000854860
<NAME>                        Williams Controls, Inc.                   
<MULTIPLIER>                               1,000
<CURRENCY>                          U.S. Dollars
       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              Sep-30-1997
<PERIOD-START>                                 Oct-01-1996
<PERIOD-END>                                   Dec-31-1996
<EXCHANGE-RATE>                                     1    
<CASH>                                          1,676
<SECURITIES>                                        0
<RECEIVABLES>                                  12,696
<ALLOWANCES>                                        0
<INVENTORY>                                    14,941
<CURRENT-ASSETS>                               31,080
<PP&E>                                         25,178
<DEPRECIATION>                                  1,384
<TOTAL-ASSETS>                                 52,990
<CURRENT-LIABILITIES>                          28,770
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          179
<OTHER-SE>                                     17,843
<TOTAL-LIABILITY-AND-EQUITY>                   52,990
<SALES>                                        16,684
<TOTAL-REVENUES>                               16,684
<CGS>                                          12,957
<TOTAL-COSTS>                                   2,999
<OTHER-EXPENSES>                                  130
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                551
<INCOME-PRETAX>                                    47
<INCOME-TAX>                                       17
<INCOME-CONTINUING>                                30
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                       12
<EPS-PRIMARY>                                     .00
<EPS-DILUTED>                                     .00
        


</TABLE>
104TH CONGRESS

1ST SESSION H. CON. RES. 116

CONCURRENT RESOLUTION

1 Resolved by the House of Representatives (the Senate

2 concurring), That in the enrollment of the bill S. 1060,

3 to provide for the disclosure of lobbying activities to influ4 ence the Federal Government, and for other purposes, the

5 Secretary of the Senate shall make the following correc6 tions:

7 (1) In section 6(8), strike ‘‘6’’ and insert ‘‘7’’.
2

•HCON 116 EH

1 (2) In section 9(7), insert ‘‘and’’ after the semi2 colon, in section 9(8), strike ‘‘; and’’ and insert a pe3 riod, and strike paragraph (9) of section 9.

4 (3) In section 12(c), strike ‘‘7’’ and insert ‘‘6’’.

5 (4) In section 15(a)(2), strike ‘‘8’’ and insert

6 ‘‘7’’.

7 (5) In section 15(b)(1), strike ‘‘, 5(a)(2),’’ and

8 in section 15(b)(2), strike ‘‘8’’ and insert ‘‘7’’.

9 (6) In section 24(b), strike ‘‘13, 14, 15, and

10 16’’ and insert ‘‘9, 10, 11, and 12’’.

Passed the House of Representatives November 29,

1995.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION H. CON. RES. 116

CONCURRENT RESOLUTION

Directing the Secretary of the Senate to make

technical corrections in the enrollment of S.1060.
#### § 1.9003-3 Statutes of limitation.

Under section 302(c)(2) of the Act, the period within which the assessment of any deficiency or the credit or refund of any overpayment attributable to the election may be made shall not expire sooner than 1 year after November 15, 1960. Thus, if assessment of a deficiency or credit or refund of an overpayment, whichever is applicable, is not prevented on September 14, 1960, the time for making assessment or credit or refund shall not expire for at least 1 year after November 15, 1960, notwithstanding any other provision of law to the contrary. Even though assessment of a deficiency is prevented on September 14, 1960, if commencement of a suit for recovery of a refund under section 7405 of the Code may be made on such date, then any deficiency resulting from the election may be assessed at any time within 1 year after November 15, 1960. If the taxpayer makes the election he shall be deemed to have consented to the application of the provisions of section 302(c)(2) of the Act extending the time for assessing a deficiency attributable to the election. Section 302(c)(2) of the Act does not shorten the period of limitations otherwise applicable. An agreement may be entered into under section 6501(c)(4) of the Code and corresponding provisions of prior law to extend the period for assessment.

[T.D. 6492, 25 FR 8905, Sept. 16, 1960]
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 69 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. RES. 69

 To amend the Standing Rules of the Senate to require that a financial 
 impact statement be included in the report accompanying each bill or 
    joint resolution reported by any committee (except those by the 
  Committee on Appropriations), showing the financial impact that any 
 Federal mandates in the bill or joint resolution would have on States 
                         and local governments.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 16 (legislative day, January 5), 1993

 Mr. Heflin submitted the following resolution; which was referred to 
               the Committee on Rules and Administration

_______________________________________________________________________

                               RESOLUTION

 
 To amend the Standing Rules of the Senate to require that a financial 
 impact statement be included in the report accompanying each bill or 
    joint resolution reported by any committee (except those by the 
  Committee on Appropriations), showing the financial impact that any 
 Federal mandates in the bill or joint resolution would have on States 
                         and local governments.

    Resolved, That paragraph 11 of rule XXVI of the Standing Rules of 
the Senate is amended--
            (1) in subparagraph (c) by striking ``(a) and (b)'' and 
        inserting ``(a), (b), and (c)'';
            (2) by redesignating subparagraph (c) as subparagraph (d); 
        and
            (3) by inserting after subparagraph (b) the following:
    ``(c) Each such report (except those by the Committee on 
Appropriations) shall also contain--
            ``(1) an evaluation, made by such committee, of the 
        financial impact that any Federal mandates in the bill or joint 
        resolution would have on State and local governments; or
            ``(2) in lieu of such evaluation, a statement of the 
        reasons why compliance by the committee with the requirements 
        of clause (1) is impracticable.''.

                                 <all>
```