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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6353

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

RONALD PAYNE, a/k/a Raheem, 

 Defendant – Appellant. 

No. 09-7099

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

 v. 

RONALD PAYNE, a/k/a Raheem, 

 Defendant - Appellant. 

Appeals from the United States District Court for the District 

of South Carolina, at Columbia. Joseph F. Anderson, Jr., 

District Judge. (3:01-cr-00506-JFA-1) 

Submitted: September 29, 2009 Decided: October 22, 2009 

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges. 
Affirmed by unpublished per curiam opinion. 

Ronald Payne, Appellant Pro Se. Stacey Denise Haynes, Assistant 

United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 

2 
3 

PER CURIAM: 

 In Case No. 09-6353, Ronald Payne appeals the district 

court’s order denying his motion for a sentence reduction under 

18 U.S.C. § 3582(c)(2) (2006) and denying his motion to compel 

the Government to move for a sentence reduction pursuant to Fed. 

R. Crim. P. 35(b). We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. United States v. Payne, No. 3:01-cr00506-JFA-1 (D.S.C. Feb. 17, 2009). 

 In Case No. 09-7099, which has been consolidated with 

No. 09-6353, Payne appeals the district court’s docket order 

denying his motion to compel the court reporter to produce a 

transcript of his hearing prior to June 1, 2009. We uphold the 

district court’s denial of the motion to compel. Payne was not 

entitled to dictate the timing for the preparation of the 

transcript and has failed to show that he was prejudiced by any 

delay in preparation. 

 Accordingly, we affirm the district court’s orders in 

both cases. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process. 

AFFIRMED
www.gpo.gov

### §1746. Scope of rights or interests granted to Miccosukee Tribe; scope of civil and criminal jurisdiction of State of Florida

Nothing in this part shall grant to the Miccosukee Tribe any greater rights or interests in the leased area other than those expressly set forth in the Lease Agreement, and, notwithstanding any other provision of this part, nothing in this part shall diminish, modify, or otherwise affect the extent of the civil and criminal jurisdiction of the State of Florida in the leased area.

(Pub. L. 97–399, §7, Dec. 31, 1982, 96 Stat. 2015.)
Editorial Note on Subchapter A of Chapter II
Editorial Note: Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

§ 202.2 Designations. ( a ) Financial institutions of the following classes are designated as Depositaries and Financial Agents of the Government if they meet the eligibility requirements stated in paragraph (b) of this section: ( 1 ) Financial institutions insured by the Federal Deposit Insurance Corporation.
( 2 ) Credit unions insured by the National Credit Union Administration.
( 3 ) Banks, savings banks, savings and loan, building and loan, and homestead associations, credit unions created under the laws of any State, the deposits or accounts of which are insured by a State or agency thereof or by a corporation chartered by a State for the sole purpose of insuring deposits or accounts of such financial institutions, United States branches of foreign banking corporations authorized by the State in which they are located to transact commercial banking business, and Federal branches of foreign banking corporations, the establishment of which has been approved by the Comptroller of the Currency.
( b ) In order to be eligible for designation, a financial institution is required to possess, under its charter and the regulations issued by its chartering authority, either general or specific authority to perform the services outlined in § 202.3(b). A financial institution is required also to possess the authority to pledge collateral to secure public funds.
[44 FR 53066, Sept. 11, 1979, as amended at 46 FR 28152, May 26, 1981; 62 FR 45521, Aug. 27, 1997]
#### § 1020.400 General.

Banks are subject to the recordkeeping requirements set forth and cross referenced in this subpart. Banks should also refer to subpart D of part 1010 of this chapter for recordkeeping requirements contained in that subpart which apply to banks.
#### Pepi Schafler, Formerly Known as Pepi Summer, Respondent, v HSBC Bank USA, Formerly Known as Marine Midland Bank, N.A., Appellant, and Manufacturers & Traders Trust Co., Respondent.

(Appeal No. 1.)

[803 NYS2d 499]

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered June 23, 2004. The order, insofar as appealed from, granted in part plaintiff’s motion for summary judgment and denied in part the cross motion of defendant HSBC Bank USA, formerly known as Marine Midland Bank, N.A., for summary judgment dismissing the amended complaint against it.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs *(see Matter of Laborers Intl. Union of N. Am., Local 210, AFLCIO v Shevlin-Manning, Inc.,*147 AD2d 977 [1989]). Present—Scudder, J.P., Martoche, Pine, Lawton and Hayes, JJ.
§ 31.3121(b)(11)-1 Services in the employ of a foreign government. ( a ) Services performed by an employee in the employ of a foreign government are excepted from employment. The exception includes not only services performed by ambassadors, ministers, and other diplomatic officers and employees but also services performed as a consular or other officer or employee of a foreign government, or as a nondiplomatic representative thereof.
( b ) For purposes of this exception, the citizenship or residence of the employee is immaterial. It is also immaterial whether the foreign government grants an equivalent exemption with respect to similar services performed in the foreign country by citizens of the United States.
III

104TH CONGRESS

1ST SESSION H. CON. RES. 92

IN THE SENATE OF THE UNITED STATES

AUGUST 4 (legislative day), JULY 10), 1995

Received

CONCURRENT RESOLUTION

Providing for an adjournment of the two Houses.

1 Resolved by the House of Representatives (the Senate

2 concurring), That when the House adjourns on the legisla3 tive day of Friday, August 4, 1995, pursuant to a motion

4 made by the Majority Leader, or his designee, it stand

5 adjourned until noon on Wednesday, September 6, 1995,

6 or until noon on the second day after Members are notified
2

HCON 92 RDS

1 to reassemble pursuant to section 2 of this resolution,

2 whichever occurs first; and that when the Senate recesses

3 or adjourns on any day beginning on Saturday, August

4 5, 1995, through Saturday, August 19, 1995, pursuant

5 to a motion made by the Majority Leader, or his designee,

6 in accordance with this resolution, it stand recessed or ad7 journed until noon on Tuesday, September 5, 1995, or

8 until such time on that day as may be specified by the

9 Majority Leader or his designee in the motion to recess

10 or adjourn, or until noon on the second day after Members

11 are notified to reassemble pursuant to section 2 of this

12 concurrent resolution, whichever occurs first.

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

14 Leader of the Senate, acting jointly after consultation with

15 the Minority Leader of the House and the Minority Lead16 er of the Senate, shall notify the Members of the House

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

18 opinion, the public interest shall warrant it.

Passed the House of Representatives August 4 (legislative day, August 3), 1995.

Attest: ROBIN H. CARLE,

Clerk.
<PAGE>
                                                                    EXHIBIT 99.1

    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         Each of the undersigned hereby certifies, in his capacity as an officer
of ACG Holdings, Inc. and American Color Graphics, Inc., collectively (the
"Company") that the Quarterly Report of the Company on Form 10-Q for the period
ended September 30, 2002 fully complies with the requirements of sections 13(a)
or 15(d) of the Securities Exchange Act of 1934, as amended, and that the
information contained herein fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Date: November 13, 2002                   /s/  Stephen M. Dyott
                                          ----------------------------
                                               Stephen M. Dyott
                                               Chief Executive Officer

Date: November 13, 2002                   /s/  Joseph M. Milano
                                          ----------------------------
                                               Joseph M. Milano
                                               Chief Financial Officer

                                       30
§ 514.5 Patent and copyright royalties and film rentals. ( a ) *Exemption from tax.* Royalties for the right to use copyrights, patents, designs, secret processes and formulae, trademarks, and other analogous property, and royalties and rentals in respect of motion picture films or for the use of industrial, commercial, or scientific equipment, which are derived from sources within the United States on or after January 1, 1945, by a nonresident alien individual who is a resident of France, or by a French corporation, are exempt from United States tax under the provisions of Article 7 of the convention signed July 25, 1939, as modified by Article 7(b) of the convention signed October 18, 1946, if such alien or corporation at no time during the taxable year in which such income is derived has engaged in trade or business within the United States through a permanent establishment situated therein.
( b ) *Exemption from withholding of United States tax.* To avoid withholding of United States tax at source in the case of items of income to which this section applies, the nonresident alien who is a resident of France, or the French corporation, shall file Form 1001A-F, in duplicate, with the withholding agent in the United States.
( c ) *Manner of filing.* The provisions of § 514.4 relating to the execution, filing, effective period, and disposition of Form 1001A-F, are equally applicable with respect to the income falling within the scope of this section.
( d ) *Revocation of 26 CFR* (*1939*) *7.418* (*Treasury Decision 5499*). Effective January 1, 1957, the provisions of 26 CFR 7.418 (Rev. 1953, Parts 1-79, and Supps.) (Treasury Decision 5499, 11 F.R. 2158), approved February 27, 1946, are hereby made inapplicable, and the provisions of this section are hereby substituted therefor with respect to payments of royalties and film rentals made on or after January 1, 1957.
# L_2023003DE.01001901.xml

| 5.1.2023 | DE | Amtsblatt der Europäischen Union | L 3/19 |
| --- | --- | --- | --- |

5.1.2023

DE

Amtsblatt der Europäischen Union

L 3/19

---

Berichtigung der Durchführungsverordnung (EU) 2019/947 der Kommission vom 24. Mai 2019 über die Vorschriften und Verfahren für den Betrieb unbemannter Luftfahrzeuge

(
  Amtsblatt der Europäischen Union L 152 vom 11. Juni 2019
  )

Seite 56, Artikel 16 Absatz 4 Satz 1:

Anstatt:

„Die Mitgliedstaaten können es Flugmodell-Vereinen oder -Vereinigungen ermöglichen, ihre Mitglieder in die Registrierungssysteme einzutragen, die nach Artikel 14 in ihrem Namen festgelegt wurden.“

muss es heißen:

„Die Mitgliedstaaten können es Flugmodell-Vereinen oder -Vereinigungen ermöglichen, ihre Mitglieder in deren Namen in die Registrierungssysteme einzutragen, die nach Artikel 14 eingerichtet wurden.“

---
Exhibit 35.21  LOGO OFFICERS CERTIFICATE C-III Asset Management LLC The undersigned, Barry Davis, President of C-III Asset Management LLC (f/k/a Centerline Servicing LLC), the
Special Servicer under that certain Pooling and Servicing Agreement dated as of December 1, 2016, relating to the Wells Fargo Commercial Mortgage Trust 2016-LC25, Commercial Mortgage Pass-Through Certificates, Series 2016-LC25(the
Pooling and Servicing Agreement), hereby certifies as follows:  1.
a review of the activities of the Special Servicer and of its performance under the Pooling and Servicing
Agreement during a portion of the preceding calendar year 2018 (July 19, 2018 - December 31, 2018) has been made under the undersigneds supervision;  2.
to the best of the undersigneds knowledge, based on such review, the Special Servicer maintained an
effective internal control system relating to its servicing of the Mortgage Loans serviced by it and has fulfilled in all material respects its obligations under the Pooling and Servicing Agreement throughout the Reporting Period. Capitalized terms not otherwise defined herein shall have the meanings given them in the Pooling and Servicing Agreement. IN WITNESS WHEREOF,as of the 1st day of March, 2019, I have hereunto signed my name.  /s/ Barry DavisBarry Davis, PresidentC-III Asset Management LLC, a
Delaware limited liability company
NO. 07-00-0020-CR

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL B

	OCTOBER 26, 2000

	______________________________

	CAREY FREDERICK SPARKS, JR.,

			Appellant

	v.

	THE STATE OF TEXAS, 

			Appellee

	_________________________________

	FROM THE CRIMINAL DISTRICT COURT NO. 3 OF DALLAS COUNTY;

	NO. F-98-21160-QJ; HON. ROBERT FRANCIS, PRESIDING

	_______________________________

Before BOYD, C.J., and QUINN and JOHNSON, JJ.

	Carey Frederick Sparks, Jr. (appellant) pled nolo contendre to the offense of possession of a controlled substance, namely amphetamine, for which he was sentenced to three years of community supervision and a $500 fine.  Prior to appellant’s  plea, he filed a motion to suppress evidence which was denied by the trial court.  It is from that ruling that appellant now appeals.  In two points of error, he complains that the trial court erred in denying the motion to suppress because 1) there was no probable cause to stop the appellant or any evidence of specific articulable facts allowing the stop and 2) the search of appellant exceeded the scope of a protective pat-down.  These issues are identical to those raised in Carey Frederick Sparks v. The State of Texas, No. 07-00-0021-CR, pending in this court and they have been addressed in that case. 

	Consequently, we incorporate herein the reasoning and analysis contained in our opinion issued this day in cause number 07-00-0021-CR.  Upon doing so, we also 1) overrule each point of error raised by appellant in this appeal for the reasons stated in our opinion in 07-00-0021-CR and 2) affirm the judgment entered below.

							Brian Quinn

							   Justice

Do not publish.
#### Kevin Glassman, Respondent, v ProHealth Ambulatory Surgery Center, Inc., et al., Appellants.

[804 NYS2d 263]

In an action, inter alia, to recover damages for breach of an employment contract, the defendants appeal from (1) an order of the Supreme Court, Nassau County (Warshawsky, J.), entered March 4, 2005, which, in effect, denied their motion for leave to renew their prior motion for leave to amend the answer to include certain counterclaims, and (2) an order of the same court entered March 24, 2005, which, sua sponte, amended the order entered March 4, 2005.

Ordered that the orders are affirmed, with one bill of costs.

Contrary to the contention of the defendants, the new facts provided on their motion for leave to renew did not establish that a particular provision of an employment agreement, which formed the basis for most of their proposed counterclaims, was *524enforceable *(see Glassman v ProHealth Ambulatory Surgery Ctr., Inc.,*23 AD3d 522 [2005] [decided herewith]). Accordingly, the court correctly refused to grant the defendants leave to renew *(see*CPLR 2221 [e] [2]; *cf. Kaufman v Kunis,*14 AD3d 542 [2005]). H. Miller, J.P., Luciano, Dillon and Covello, JJ., concur.
<PAGE>   1
                                                                      Exhibit 15



December 16, 1997

The Caldor Corporation
Norwalk, Connecticut

We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of The Caldor Corporation (Debtor-In-Possession) and subsidiaries
("Caldor") for the periods ended November 1, 1997 and November 2, 1996, as
indicated in our report dated December 16, 1997; because we did not perform an
audit, we expressed no opinion on the information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended November 1, 1997, is
incorporated by reference in a) Registration Statement No. 33-44996 of Caldor on
Form S-8, b) Registration Statement No. 33-41321 of Caldor on Form S-8, c)
Registration Statement No. 33-51510 of Caldor on Form S-8, d) Registration
Statement No. 33-67438 of Caldor on Form S-8 and e) Registration Statement No.
33-84526 of Caldor on Form S-8.

We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act, is not considered a part of the Registration Statement
prepared or certified by an accountant or a report prepared or certified by an
accountant within the meaning of Section 7 and 11 of that Act.


DELOITTE & TOUCHE LLP



New York, New York
§ 1030.210 Anti-money laundering programs for housing government sponsored enterprises. ( a ) *Anti-money laundering program requirements for housing government sponsored enterprises.* Each housing government sponsored enterprise shall develop and implement a written anti-money laundering program that is reasonably designed to prevent the housing government sponsored enterprise from being used to facilitate money laundering or the financing of terrorist activities. The program must be approved by senior management. A housing government sponsored enterprise shall make a copy of its anti-money laundering program available to the Financial Crimes Enforcement Network or its designee upon request.
( b ) *Minimum requirements.* At a minimum, the anti-money laundering program shall: ( 1 ) Incorporate policies, procedures, and internal controls based upon the housing government sponsored enterprise's assessment of the money laundering and terrorist financing risks associated with its products and services. Policies, procedures, and internal controls developed and implemented by a housing government sponsored enterprise under this section shall include provisions for complying with the applicable requirements of subchapter II of chapter 53 of title 31, United States Code and this part, and obtaining all relevant customer-related information necessary for an effective anti-money laundering program.
( 2 ) Designate a compliance officer who will be responsible for ensuring that: ( i ) The anti-money laundering program is implemented effectively;
( ii ) The anti-money laundering program is updated as necessary; and
( iii ) Appropriate persons are educated and trained in accordance with paragraph (b)(3) of this section.
( 3 ) Provide for on-going training of appropriate persons concerning their responsibilities under the program. A housing government sponsored enterprise may satisfy this requirement by training such persons or verifying that such persons have received training by a competent third party with respect to the products and services offered by the housing government sponsored enterprise.
( 4 ) Provide for independent testing to monitor and maintain an adequate program. The scope and frequency of the testing shall be commensurate with the risks posed by the housing government sponsored enterprise's products and services. Such testing may be conducted by a third party or by any officer or employee of the housing government sponsored enterprise, other than the person designated in paragraph (b)(2) of this section.
( c ) *Compliance.* Compliance with this section shall be examined by FinCEN or its delegate, under the terms of the Bank Secrecy Act. Failure to comply with the requirements of this section may constitute a violation of the Bank Secrecy Act and of this chapter.
( d ) *Compliance date.* A housing government sponsored enterprise must develop and implement an anti-money laundering program that complies with the requirements of this section on or before August 25, 2014.
§ 31.3306(n)-1 Services on American vessel whose business is conducted by general agent of Secretary of Commerce. ( a ) Section 3306(n) and this section of the regulations apply with respect only to services performed by an officer or member of the crew of an American vessel ( 1 ) which is owned by or bareboat chartered to the United States, and
( 2 ) whose business is conducted by a general agent of the Secretary of Commerce. Whether services performed by such an officer or member of a crew under the above conditions constitute employment is determined under section 3306(c) and (n), but without regard to section 3306(c)(6). See § 31.3306(c)(6)-1, relating to services performed in the employ of the United States and instrumentalities thereof. If, without regard to section 3306(c)(6), such services constitute employment, they are not excepted from employment by reason of the fact that they are performed on or in connection with an American vessel which is owned by or bareboat chartered to the United States and whose business is conducted by a general agent of the Secretary of Commerce, that is, such services are not excepted from employment by section 3306(c)(6). For provisions relating to services performed within the United States and services performed outside the United States which constitute employment, see § 31.3306(c)-2.
( b ) The expression “officer or member of the crew” includes the master or officer in charge of the vessel, however designated, and every individual, subject to his authority, serving on board and contributing in any way to the operation and welfare of the vessel. Thus, the expression includes, for example, the master, mates, pilots, pursers, surgeons, stewards, engineers, firemen, cooks, clerks, carpenters, and deck hands.
( c ) An employee of the United States who performs services as an officer or member of the crew of an American vessel which is owned by or bareboat chartered to the United States and whose business is conducted by a general agent of the Secretary of Commerce shall be deemed, under section 3306(n), to be performing services for such general agent rather than for the United States. Any such general agent of the Secretary of Commerce is considered a legal entity in his capacity as such general agent, separate and distinct from his identity as a person employing individuals on his own account. Each such general agent who in his capacity as such qualifies as an employer under section 3306(a) is with respect to each calendar year for which he so qualifies subject to the tax imposed by section 3301, and to all the requirements imposed upon an employer as defined in section 3306(a) by the regulations in this part, with respect to services which constitute employment by reason of section 3306(n) and this section of the regulations.
#### § 15.737-24 Proposed findings and conclusions.

Except in cases where the respondent has failed to answer the complaint or where a party has failed to appear at the hearing, the Administrative Law Judge prior to making his/her decision, shall afford the parties a reasonable opportunity to submit proposed findings and conclusions and supporting reasons therefor.