alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40062 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
ALBERTO ALVAREZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:15

- CR

- 732

- 2

Before KING, GRAVES , and COSTA, Circuit Judges. PER CURIAM: * Alberto Alvarez appeals his guilty plea conviction for aiding and abetting possession with intent to distribute more than 100 kilograms of marijuana and his sentence of 60 months of imprisonment and four yea rs of supervised release

. He argues that the plea agreement is void due to the Government’s breach, lack of consideration, or frustration of purpose and that the factual

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 22, 2016 Lyle W. Cayce Clerk Case: 16-40062 Document: 00513769021 Page: 1 Date Filed: 11/22/2016No. 16

- 40062

2 basis is insufficient to support the guilty plea or renders the sentence unconstitutional. Alvarez’s claims of error are review ed for plain error because he failed to raise them in the district court. See Puckett v. United States , 556 U.S. 129, 135 (2009)

. To show plain error, Alvarez must show that the error was clear or

o bvious and affects his substantial rights. See id. If he makes such a showing, this court has the discretion to correct the error but only if it “‘seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.’” Id. (alteratio n in original) (quoting United States v. Olano , 507 U.S. 725, 736 (1993)). The Government did not breach the plea agreement because it was not reasonable for Alvarez to have understood that the plea agreement shielded him from the statutory minimum sentenc e

. See United States v. Pizzolato , 655 F.3d 403, 409 (5th Cir. 2011). The plea agreement is not clearly or obviously void for lack of consideration as we have never held that consideration is required to support a valid plea agreement. See Olano , 507 U. S. at 734

. T he doctrine of frustration of purpose is in applicable because Alvarez fails to show that avoiding the statutory minimum sentence was a basic assumption underlying the plea agreement

. See United States v. Moulder , 141 F.3d 568, 571 (5th Cir. 1998). Alvarez fails to show that t he factual basis was clearly or obviously insufficient to support his guilty plea or affected his substantial rights. See Puckett , 556 U.S. at 135

. He also fails to show that his sentence is clearly or obviously uncons titutional. See id. ; Olano , 507 U.S. at 734

. The judgment of the district court is AFFIRMED. Case: 16-40062 Document: 00513769021 Page: 2 Date Filed: 11/22/2016
39807.

#### JONES v. ANDERSON, Judge.

Decided September 21, 1962.

*Ruffin ■& Watkins,*for petitioner.

Felton, Chief Judge.

The remedy to review a superior court judge’s refusal to sanction a petition for certiorari is by writ of error to the proper appellate court and not by petition to an appellate court for mandamus to compel the judge to sanction the petition. *French v. Long,*97 Ga. App. 656 (104 SE2d 155) and cases cited; *Code Ann.*§ 19-203, catchword “Sanction.”

*Petition for mandamus nisi dismissed.*

*Bell and Hall, JJ., concur.*
III

103D CONGRESS

1ST SESSION S. RES. 75

To extend the ‘‘Jacob K. Javits Senate Fellowship Program’’.

IN THE SENATE OF THE UNITED STATES

MARCH 3, 1993

Mr. FORD (for Mr. MITCHELL) (for himself, Mr. DOLE, and Mr. PELL)

submitted the following resolution; which was considered and agreed to

RESOLUTION

To extend the ‘‘Jacob K. Javits Senate Fellowship Program’’.

1 Resolved, That this resolution may be cited as the

2 ‘‘Jacob K. Javits Senate Fellowship Program Extension

3 Resolution’’.

4 FELLOWSHIP PROGRAM EXTENDED; ELIGIBLE

5 PARTICIPANTS

6 SEC. 2. (a) In order to encourage increased participa7 tion by outstanding students in a public service career,

8 the Jacob K. Javits Senate Fellowship Program is hereby

9 extended for five years.

10 (b) The Jacob K. Javits Foundation, Incorporated,

11 New York, New York, shall select Senate Fellowship par12 ticipants. Each such participant shall complete a program
2

SRES 75 ATS

1 of graduate study in accordance with criteria agreed upon

2 by the Jacob K. Javits Foundation, Incorporated.

3 SENATE COMPONENT OF FELLOWSHIP PROGRAM

4 SEC. 3. (a) The Secretary of the Senate (hereinafter

5 ‘‘Secretary’’) is authorized from funds made available

6 under section 4, to appoint and fix the compensation of

7 each eligible participant selected under section 2 for a pe8 riod determined by the Secretary. The period of employ9 ment for each participant shall not exceed one year. Com10 pensation paid to participants under this resolution shall

11 not supplement stipends received from the Secretary of

12 Education under the Fellowship Program.

13 (b) For any fiscal year no more than ten fellowship

14 participants shall be so employed.

15 (c) The Secretary, after consultation with the major16 ity leader and the minority leader of the Senate, shall

17 place eligible participants in positions in the Senate that

18 are, within practical considerations, supportive of the fel19 lowship participants’ academic programs.

20 FUNDS

21 SEC. 4. The funds necessary to compensate any such

22 eligible participant shall be made available for five years

23 to the Secretary and paid from the contingent fund of the

24 Senate. For the succeeding five years of this program such

25 funds shall not exceed $250,000 each year.
3

SRES 75 ATS

1 PROGRAM EXTENSION

2 SEC. 5. This program shall terminate September 30,

3 1998. Three months prior to such expiration the Secretary

4 shall submit a report evaluating the program to the Major5 ity Leader and the Senate along with recommendations

6 concerning the program’s extension and continued funding

7 level.

Æ
IV

104TH CONGRESS

1ST SESSION H. CON. RES. 14

Expressing the sense of the Congress that the Congress should pass any

health care reform initiative that has overwhelming bipartisan support.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 17, 1995

Mr. STEARNS submitted the following concurrent resolution; which was

referred to the Committee on Commerce

CONCURRENT RESOLUTION

Expressing the sense of the Congress that the Congress

should pass any health care reform initiative that has

overwhelming bipartisan support.

Whereas 31 to 37 million Americans do not have adequate

health care coverage;

Whereas, every day, Americans who have health care coverage fear they might lose such coverage due to a sudden

catastrophic illness or change in employment;

Whereas the skyrocketing costs of health care jeopardize the

current and future accessibility of health care for millions

of Americans;

Whereas physicians must practice medicine in constant fear

of excessive malpractice lawsuits being brought against

them for providing treatment to patients;
2

•HCON 14 IH

Whereas fraud and abuse in the health care system are running rampant and American taxpayers are losing billions

of dollars from such fraud and abuse;

Whereas the American public is demanding action on health

care reform and cannot wait any longer for the Congress

to act; and

Whereas partisanship must not stand in the way of progress

in health care reform: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the leaderships of the House of Rep3 resentatives and the Senate should work together in a bi4 partisan manner to pass any health care reform initiative

5 that has overwhelming bipartisan support.

Æ
| (logo) WELLS FARGO | CMBS Department

 

MAC N9401-011

1055 10th Avenue SE

Minneapolis, MN 55414 |
|--------------------|------------------------------------------------------------------------------------|

 

Morgan Stanley Capital I Inc.

1585 Broadway

New York, New York 10036

 

 

RE: Annual Statement of Compliance for Morgan Stanley Bank of America Merrill Lynch Trust 2015-C26 Commercial Mortgage Pass-Through Certificates, Series 2015-C26

 

Per the Pooling and Servicing Agreement dated as of November 1, 2015 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Custodian ("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

/s/ Gail Vannest

GAIL VANNEST

Vice President

 

 

Wells Fargo Bank, N.A.
EXHIBIT
10.3


WASHINGTON
MUTUAL, INC.


RESOLUTION OF THE HUMAN RESOURCES
COMMITTEE


REGARDING
THE EQUITY INCENTIVE PLAN


WHEREAS,
the Company sponsors the Amended and Restated 2003 Equity Incentive Plan; and


WHEREAS,
the Plan provides that the fair market value for determining the exercise price
of stock options will be the closing price on the day preceding the date of
grant; and


WHEREAS,
new reporting and disclosure rules will require the Company to incur additional
administrative expenses and make additional disclosures;


WHEREAS,
the Company deems it advisable to amend the definition of Fair Market Value in
the Plan to avoid additional administrative costs;


WHEREAS,
the Company previously engaged The Harris Bank N.A. (“Harris”) to establish and
manage a trust (the “Trust”) to hold restricted stock awarded to executives and
senior officers;


WHEREAS,
the Company is terminating Harris as Trustee of the Trust and has engaged Mellon
Investor Services (“Mellon”) to provide certain stock plan administration
services;


NOW,
THEREFORE, IT IS HEREBY RESOLVED that
the Plan is hereby amended by replacing the “Fair Market Value” definition in
Section 2 with the following:


“Fair Market Value”
means the closing price for the Common Stock on the New York Stock Exchange
during regular session trading for a single day as reported for such day in The Wall Street Journal or such other source the Committee
deems reliable.  The applicable trading
day for determining Fair Market Value (a) in connection with the grant of
Awards shall be the Grant Date and (b) otherwise shall be as determined by the
Committee in its sole discretion.  If no
reported price for the Common Stock exists for the applicable trading day, then
such price on the last preceding date for which such price exists shall be
determinative of Fair Market Value.


FURTHER
RESOLVED that the Trust is hereby terminated, and Harris
shall be instructed to transfer the shares of stock held in the Trust to Mellon;
and


FURTHER
RESOLVED that the Company’s Executive Vice President - Human
Resources is further authorized to take any actions he deems necessary to carry
out the intent of this resolution.
20

G

U

L

F

O

F

M

E

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I

C

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G U L F O F M E X I C O

Potrero

Cortado

OE E

Potrero

Cortado

Potrero

Lopeno

NW OE E

Yarborough

Pass OE E

Potrero

Lopeno NW

Yarborough

Pass

FEET

97°15'

97°

30"

22'

PQ

30" 15'

PR

97°

17'

30"

30"

30"

00'

27°

20' 17'

PR

27°

00'

22'

97° 20'

PQ

07'30"

27°

07'

27°

30"

5'

30"

5'

2' 2'

6

29

29

29

30

6

29

29

29

29

6

000m

29

29

6

30

29

29

6 6

000m

29

29

29

29

29

29

29

6

29

29

29

6 6 6

29

30

6

29

30

6 000m 6 6 6 6 6 6 6 6 6

90

70

89

65 71

N

95

91

99

91

68

96

96

90

64

98

99

01

72

95

67 69

01

94

92

97

88

66

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00

00

93

63

88

97

93

94

62

N

98

62 E 63 64 66 67 68 69 70 71 72

E 000m

16 930

000

FEET

000

16 900

000

1 390

1 6

73

FEET

000

360 FEET

U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

TEXAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

TX 2797-121

POTRERO CORTADO OE E, TX

2010

Interstate Route State Route

ROAD CLASSIFICATION

Interstate Route US Route State Route

Ramp 4WD

US Route Local Road

POTRERO CORTADO OE E QUADRANGLE

TEXAS

7.5-MINUTE SERIES

CONTOURS NOT PRESENT BECAUSE AVAILABLE ELEVATION

DATA DO NOT MEET ACCURACY REQUIREMENTS

1000 500 0 METERS 1000 2000

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

This map was produced to conform with version 0.5.10 of the

draft USGS Standards for 7.5-Minute Quadrangle Maps.

A metadata file associated with this product is also draft version 0.5.10

SCALE 1:24 000

1 0.5 0 1

MILES

1 0.5 0 KILOMETERS 1 2

Zone 14R

Imagery......................................................NAIP, April 2008

Roads.....................................US Census Bureau TIGER data

with limited USGS updates, 2008

Names...............................................................GNIS, 2008

Hydrography.................National Hydrography Dataset, 1995

Contours.........................................................Not Available

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator,

Produced by the United States Geological Survey

10 000-foot ticks: Texas Coordinate System of 1983

(south zone)

MN

GN

UTM GRID AND 2010 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

0° 46 ́

14 MILS

4° 34 ́

81 MILS

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

14R

PQ

PR 30 00
Office ofthe 

### Chiefand Council Kirk 

# E Francis Chief 

### BillThompson

Vice 

### Chief 

## Wayne 

# T Mitchell

Representative
February 

## 27 2014 

## Hon

# H Curtis Spalding Regional Administrator 

## EPA 

# New England Headquarters 5 Post Office Square Suite 100 

### Boston 

# MA 021093912 

## Re Water Quality Standards in the Penobscot Indian Reservation 

### Dear Regional Administrator 

### Spaulding Penobscot Nation 12 

### Wabanaki 

## Way Community Building Indian Island 

### Maine 04468 

# 207 8277776 

# FAX2078276042

This is in follow up to 

## my letter to 

### you ofJanuary 

## 23 2014 notifying 

### you that the Penobscot Nation is promulgating water quality standards for application within the Penobscot Indian Reservation pursuant to sections 303 and 

# 518e ofthe Clean 

### Water Act 33

# USC §§ 

### 1313 

# 1377e
In that letter I requested the 

## EPA to consult furtherwith the Penobscot Nation to address issues surrounding any 

### competing authorities between the

# EPA the State and the Penobscot Nation with respect to the promulgation ofwater quality standards within the Reservation 

### Having not heard back from

## you I thought it appropriate to write again 

# We would welcome you and your staff to a meeting at the Penobscot 

### Nation 

## we could 

### meet midway between Boston and Indian Island in Portland or

## we could travel to 

### Boston 

# We would like to 

### make this as convenient for

### you as possible but 

## wethink important for us to discuss the 

### Nations soon

### to

## befiled application in relation to the overall environmental regulatory regimewithin the Penobscot Indian Reservation

I look forward to hearing 

### from

## you Sincerely

Kirk Francis 

### Chief Penobscot Nation



### cc Tribal 

### Council Penobscot Nation John 

### Banks Natural Resources Director Penobscot Nation 

### Mark Chavaree 

## Esq Jill Elise 

### Grant 

## Esq Kaighn Smith

## JrEsq



# PN005430
104TH CONGRESS

2D SESSION H. CON. RES. 141

CONCURRENT RESOLUTION

Providing for the adjournment of the two Houses.
104TH CONGRESS

2D SESSION H. CON. RES. 141

CONCURRENT RESOLUTION

1 Resolved by the House of Representatives (the Senate

2 concurring), That when the House adjourns on the legisla3 tive day of Thursday, February 1, 1996, it stand ad4 journed until 12:30 p.m. on Monday, February 26, 1996,

5 or until noon on the second day after Members are notified

6 to reassemble pursuant to section 2 of this concurrent res7 olution, whichever occurs first; and that when the Senate

8 recesses or adjourns at the close of business on Thursday,

9 February 1, 1996, Tuesday, February 6, 1996, Wednes10 day, February, 7, 1996, Thursday, February 8, 1996,

11 Tuesday, February 13, 1996, Wednesday, February 14,

12 1996, or Thursday, February 15, 1996, pursuant to a mo13 tion made by the Majority Leader or his designee in ac14 cordance with this resolution, it stand recessed or ad15 journed until 3 p.m. on Monday, February 26, 1996, or

16 until noon on the second day after Members are notified

17 to reassemble pursuant to section 2 of this concurrent res18 olution, whichever occurs first.
2

•HCON 141 EH

1 SEC. 2. The Speaker of the House and the Majority

2 Leader of the Senate, acting jointly after consultation with

3 the Minority Leader of the House and the Minority Lead4 er of the Senate, shall notify the Members of the House

5 and Senate, respectively, to reassemble whenever, in their

6 opinion, the public interst shall warrant it.

Passed the House of Representatives February 1,

1996.

Attest:

Clerk.
#### § 1.911-8 Former deduction for certain expenses of living abroad.

For rules relating to the deduction for certain expenses of living abroad applicable to taxable years beginning before January 1, 1982, see 26 CFR 1.913-1 through 1.913-13 as they appeared in the Code of Federal Regulations revised as of April 1, 1982.

(Sec. 911 (95 Stat. 194; 26 U.S.C. 911) and sec. 7805 (68A Stat. 917; 26 U.S.C. 7805) of the Internal Revenue Code of 1954)

[T.D. 8006, 50 FR 2977, Jan. 23, 1985]
§ 1.669(b)-2 Manner of exercising election. ( a ) *By whom election is to be made.* Except as otherwise provided in this paragraph, a taxpayer whose tax liability is affected by the election shall make the election provided in section 669(a). In the case of a partnership, or a corporation electing under the provisions of subchapter S, chapter 1 of the Code, the election shall be exercised by the partnership or such corporation.
( b ) *Time and manner of making election.* The election under section 669(a) may be made, or revoked, at any time before the expiration of the period provided in section 6501 for assessment of the tax. If an election is revoked, a new election may be made at any time before the expiration of such period. The election (or a revocation of an election) may be made in a letter addressed to the district director of internal revenue for the district in which the taxpayer files his tax return (or the Director of International Operations where appropriate) or may be made in a statement attached to the return. In any case where all the information described in § 1.669(b)-1 is not furnished at or before the time the beneficiary signifies his intention of making an election and by reason thereof an election has not been made, and subsequent thereto, but before the expiration of the period provided in section 6501 for the assessment of the tax, there is furnished the required information not previously furnished, the election will be considered as made at the time such additional information is furnished.
[T.D. 6989, 34 FR 740, Jan. 17, 1969]
Exhibit 32.1



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 this Annual Report on Form 10-K for
the fiscal year ended December 31, 2018 of Medalist Diversified REIT, Inc. (the “Company”) as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Thomas E. Messier, Chief Executive 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|March 11, 2019 | /s/ Thomas E. Messier                                                                                                          
|-------------- | -------------------------------------------------------------------------------------------------------------------------------
|Date           | Chief Executive Officer and Chairman of the Board
        (Principal Executive Officer and Principal Financial
        Officer)



This written report is being furnished to the Securities and
Exchange Commission as an exhibit to the Report. A signed original of this written statement required by Section 906 has been
provided to Medalist Diversified REIT, Inc. and will be retained by Medalist Diversified REIT, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
**Exhibit32.2**

**Certification of the Chief Financial OfficerPursuant to 18 U.S.C. Section 1350**

Inconnection with Amendment No. 1 to the Quarterly Report on Form 10-Q ofKaiser Group Holdings, Inc. (the “Company”) for the quarter ended June 30, 2006,as filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Nicholas Burakow, Chief Financial Officer of the Company, certify, to thebest of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

(1)  The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| August 15, 2006 | /s/ Nicholas Burakow     |
|-----------------|--------------------------|
|            | Nicholas Burakow, Ph.D., |
|            | Chief Financial Officer  |

 

----
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 01670

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2File Name3

Description

x 01670\01670_Checklist.xls EPA Technical Review Checklist Workbook

01670\01670_Completeness_Checklist.xlsx EPA Completeness Review Checklist

x 01670\01670_PartA.xls Plant submitted survey file

x 01670\01670_PartB.xls Plant submitted survey file

x 01670\01670_PartC.xls Plant submitted survey file

x 01670\01670_PartD.xls Plant submitted survey file

x 01670\01670_PartH.xls Plant submitted survey file

01670\Certification Statement Plant ID_01670.pdf Plant certification statement

x 01670\Supporting Documentation\01670_Aerial Map 1.pdf Plant submitted supplemental files to the survey

01670\Supporting Documentation\01670_Bed ash system.xls Plant submitted supplemental files to the survey

01670\Supporting Documentation\01670_Fly Ash Drawing.xls Plant submitted supplemental files to the survey

x 01670\Supporting Documentation\01670_Water Balance Diagram.xls Plant submitted supplemental files to the survey

01670\Supporting Documentation\Bed ash system.xlsx Plant submitted supplemental files to the survey

01670\Supporting Documentation\Fly Ash Drawing.xlsx Plant submitted supplemental files to the survey

x 01670\Supporting Documentation\Water Balance Diagram.xlsx Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket. 

3

 No hardcopy log is included for this plant as no hardcopy materials were received.