alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

DANIEL LOPEZ,

 Defendant - Appellant.

No. 13-50538

D.C. No. 2:07-cr-00856-RGK

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Submitted December 9, 2014** 

Before: WALLACE, LEAVY, and BYBEE, Circuit Court Judges. 

Daniel Lopez appeals from the district court’s judgment and challenges the

24-month sentence imposed upon revocation of supervised release. We have

jurisdiction under 28 U.S.C. § 1291, and we affirm. 

Lopez contends that the district court erred by failing to calculate the

FILED

DEC 16 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
advisory Sentencing Guidelines range on the record. We review for plain error. 

See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir. 2010). 

Although there is no dispute that the error in this case was plain, remand is not

warranted because on this record Lopez cannot establish a reasonable probability

that he would have received a different sentence in the absence of the error. See

United States v. Dallman, 533 F.3d 755, 762 (9th Cir. 2008).

Lopez also contends that the district court erred procedurally by failing to

explain its sentence adequately, and to consider his arguments in mitigation. 

Because Lopez preserved this challenge, we review de novo. See United States v.

Delgado, 357 F.3d 1061, 1071 (9th Cir. 2004). The record reflects that the court

considered Lopez’s arguments for an 8-month sentence, and the court’s

explanation of its above-Guidelines sentence was adequate. See United States v.

Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).

 Lopez finally contends that his above-Guidelines sentence is substantively

unreasonable. We review for abuse of discretion. See Gall v. United States, 552

U.S. 38, 51 (2007). The 24-month statutory maximum sentence is substantively

reasonable in light of the 18 U.S.C. § 3583(e) sentencing factors and the totality of

the circumstances, including Lopez’s history of absconding from supervision. See

id.

AFFIRMED.

2 13-50538
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1996             JUN-30-1996
<PERIOD-END>                               MAR-31-1996             MAR-31-1996
<CASH>                                          76,263                  76,263
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   68,840                  68,840
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               173,380                 173,380
<PP&E>                                       2,460,573               2,460,573
<DEPRECIATION>                                 108,624                 108,624
<TOTAL-ASSETS>                               2,608,069               2,608,069
<CURRENT-LIABILITIES>                        1,701,384               1,701,384
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                    420,000                 420,000
<COMMON>                                     3,078,371               3,078,371
<OTHER-SE>                                 (3,109,663)             (3,109,663)
<TOTAL-LIABILITY-AND-EQUITY>                 2,608,069               2,608,069
<SALES>                                         90,910                 302,827
<TOTAL-REVENUES>                                90,910                 302,827
<CGS>                                            9,276                  87,733
<TOTAL-COSTS>                                  848,097               2,156,019
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              (766,463)             (1,940,925)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                          (766,463)             (1,940,925)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (766,463)             (1,940,925)
<EPS-PRIMARY>                                    (.03)                   (.09)
<EPS-DILUTED>                                    (.03)                   (.09)
        

</TABLE>
§ 21.5130 Payments; educational assistance allowance. VA will apply the following sections in administering benefits payable under 38 U.S.C. Chapter 32: ( a ) Section 21.4131—Commencing dates (except paragraph (d)).
( b ) Section 21.4135—Discontinuance dates.
( c ) Section 21.4138 (except paragraph (b)—Certifications and release of payments.
( d ) Section 21.4146—Assignments of benefits prohibited. (Authority: 38 U.S.C. 3241(a))
( e ) Section 21.4136(k) (except paragraph (k)(3))—Mitigating circumstances.
(Authority: 38 U.S.C. 3241(a), 3680(a))
[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 53 FR 617, Jan. 11, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38612, Aug. 26, 1992; 61 FR 29030, June 7, 1996; 63 FR 35836, July 1, 1998; 64 FR 23772, May 4, 1999; 65 FR 5786, Feb. 7, 2000]
<PAGE>

                                                                   Exhibit 10.87

                                                                   Perry A. Sook
                                                                   President/CEO

TO:  Rick Stolpe

FR:  Perry A. Sook

RE:  Addendum to Employment Agreement

DA:  8/28/03

Reference is hereby made to your Executive Employment Agreement with Nexstar
Broadcasting Group dated January 5, 1998 as amended August 13, 2002. This
memorandum will serve as a subsequent addendum.

Paragraph 4, Compensation. Section 4 (a) Base Salary (as defined in the
agreement) is hereby amended as follows:

<TABLE>
<CAPTION>
                                                   Base Salary
<S>                                                <C>
From September 1, 2003 through August 31, 2004     $125,000
From September 1, 2004 through August 31, 2005     $130,000
From September 1, 2005 through August 31, 2006     $135,000
Effective September 1, 2006 and thereafter         $140,000
</TABLE>


Section 4 (b) is hereby amended to reflect an annual bonus target of $20,000 to
be awarded at the conclusion of each calendar year, at the discretion of the
CEO.

Paragraph 6 (b) Termination Payments. (i) the period is hereby extended to one
year.

Equity Compensation: You will be granted 15,000 options at the IPO price at the
time of the Nexstar Initial Public Offering. These options will be 50% vested at
the time of the IPO, with the remaining 50% to vest in equal installments over 5
years.

All other aspects of your employment agreement with Nexstar remain in full force
and effect and will be governed by your agreement and the Nexstar Employee
Handbook.

Please indicate your agreement with and acceptance of the terms and conditions
of this addendum as of the date written by signing below.

Sincerely,                      Agreed and Accepted,

/s/ Perry A. Sook               /s/ Rick Stolpe
    Perry A. Sook                   Rick Stolpe
    President/CEO                   VP/Director of Engineering

                        Nexstar Broadcasting Group, Inc.
            909 Lake Carolyn Parkway, Suite 1450, Irving, TX 75039,
                       (972) 373-8800 fax (972) 373-8888
[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Rules and Regulations]
[Page 49826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23476]


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

DEPARTMENT OF DEFENSE

48 CFR Part 201


Defense Federal Acquisition Regulation Supplement; Electronic 
Publication of DFARS

CFR Correction

    In Title 48 of the Code of Federal Regulations, Chapter 2 (Parts 
201 to 299), revised as of October 1, 2008, on page 10, in section 
201.304, reinstate paragraph (6) to read as follows:


201.304  Agency control and compliance procedures.

* * * * *
    (6) The Director of Defense Procurement publishes changes to the 
DFARS in the Federal Register and electronically via the World Wide 
Web. Each change includes an effective date. Unless guidance 
accompanying a change states otherwise, contracting officers must 
include any new or revised clauses, provisions, or forms in 
solicitations issued on or after the effective date of the change.
[FR Doc. E9-23476 Filed 9-28-09; 8:45 am]
BILLING CODE 1505-01-D
---

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 

I, Garry L. Anselmo, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

|(1) | the Quarterly Report on Form 10-Q of Silverado Gold Mines
      Ltd. for the period ended May 31, 2011 (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 Silverado Gold Mines Ltd.                                                               

Dated: July 20, 2011

| | /s/
      Garry L. Anselmo                                     
| | ---------------------------------------------------------------
| | Garry L. Anselmo                                               
| | Chairman of the Board, President, Chief
      Executive Officer
| | and Director                                                   
| | (Principal Executive Officer)                                  
| | Silverado Gold Mines Ltd.                                      

A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Silverado Gold
Mines Ltd. and will be retained by Silverado Gold Mines Ltd. and furnished to
the Securities and Exchange Commission or its staff upon request.

---
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Commodity Futures Trading Commission

# Agency Holding the Meeting:

Commodity Futures Trading Commission.

# Time and Date:

11 a.m., Wednesday, October 21, 2009.

# Place:

1155 21st St., NW., Washington, DC, 9th Floor Commission Conference Room.

# Status:

Closed.

# Matters to be Considered:

Enforcement Matters.

# Contact Person for More Information:

Sauntia S. Warfield, 202-418-5084.

Sauntia S. Warfield, 

Assistant Secretary of the Commission.

[FR Doc. E9-22892 Filed 9-18-09; 4:15 pm]

BILLING CODE 6351-01-P
AFS

- 11

- 350

- E July 29, 2013 Exemption No. 8593 D Regulatory Docket No. FAA

- 2002

- 12993

Ms. Kathleen A. Yodice

Counsel Stallion 51 Corporation 411 Aviation Way, Suite 245 Frederick, MD 21701

De ar Ms. Yodice :

This letter is to inform you that we have g ranted your petition to extend Exemption

No. 8593, as amended . It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated June 22 , 201 3

, you peti tioned the Federal Aviation Administration (FAA) on

behalf of Stallion 51 Corporation (Stallion 51), for an extension of Exemption No. 8593, as

amended . That exemption from § 91.315 of Title 14, Code of Federal Regulations (14 CFR)

allows Stallion 51 to p rovide ini tial and recurrent training and training under contract with the U.S. military in its two North American TF

- 51 (TF

- 51) airplanes certificated as limited category civil aircraft.

In your petition, you indicate that there has been no change in th e conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the request ed extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Stallion 51.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 8593, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA2

Administrator has delegat ed to me, I grant your petition, subject to the conditions and

limitations bel ow.

Conditions and Limitations

1. Stallion 51 must continue to maintain its TF

- 51 aircraft in an airworthy condition in

accordance with

—

a. The maintenance requirements specified in the TF

- 51 aircraft type specification sheet, as amended;

b. An inspection program that meets the requirements of § 91.409; and

c. Appropriate military technical manuals for the TF

- 51 aircraft.

2. The pilot in command (PIC) must

—

a. Hold at least a commercial pilot certificate with a single

- engine land airplane rating;

b. Hold at least a second

- cl ass medical certificate;

c. Hold a certificated flight instructor certificate with an airplane single

- engine rating;

d. Have completed TF

- 51 aircraft qualification and recurrent flight and ground training within the previous 12 calendar months; and

e. Have accompli shed three takeoffs and three landings to a full stop in a TF

- 51 aircraft within the previous 90 days before serving as PIC.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 8593, as amended, to July 31, 20 1 5

, unless sooner superseded or rescinded

.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service
#### Pressler v. U

*[Cite as 7 AOA 306]*

*Case No. 59259*

*Cuyahoga County, (8th)*

*Decided October 25, 1990*

*Anne W. Lindsay, Esq., 2525 Edgehill Road, Cleveland Hts., Ohio 44106, for Plaintiff-Appellants.*

*Gary L. Nicholson, Esq., Gallagher, Sharp, Fulton & Norman, 1501 Euclid Avenue, 7th Floor, Bulkley Building, Cleveland, Ohio 44115, for Defendant-Appellee.*

*Per Curiam.*

Appellants were injured during a yacht race with appellee. Appellant sued appellees but appellants alleged only negligence. Summary judgment was granted for appellee. Appellants raise the following assignments of error:

I

UNDER SECTION 2315.19, THE OHIO REVISED CODE, THE DEFENSE OF ASSUMPTION OF RISK DOES NOT BAR THE PLAINTIFFS' RECOVERY.

II

IF EVIDENCE OF ASSUMPTION OF RISK WAS FOUND, THE ISSUE SHOULD HAVE BEEN SUBMITTED TO THE TRIER OF FACT, PURSUANT TO R.C. 2315.19(B), AND THE REQUIRED FINDINGS MADE.

Ill

MATERIAL FACT ISSUES EXIST AS TO THE PROXIMATE CAUSE AND SERIOUSNESS OF THE EMOTIONAL INJURIES SUSTAINED BY THE PLAINTIFFS.

As the assignments of error are related, we shall address them together.

"Where individuals engage in recreational or sports activities they assume the ordinary risks of the activity and cannot recover for any injury unless it can be shown that the other partici-pant's actions were either 'reckless' or 'intentional' as defined in Sections 500 and 8A of the Restatement of Torts 2d." *Marchetti v. Kalish*(1990), 53 Ohio St. 3d 95 (syllabus).1 The collision occurred during an ordinary risk: passing or maneuvering during a race. The appellants' primary assumption of the risk bars their claims. R.C. 2315.19(B) is inapplicable to primary assumption of the risk.

The assignments of error are overruled.

The judgment is affirmed.

KRUPANSKY, P.J., MATIA, J., and PARRINO, J., concur.

Sitting by Assignment: Judge Thomas J. Parrino, Retired, of the Eighth District Court of Appeals.

1

 See also *Thompson v. McNeill*(1990), 53 Ohio St. 3d 102 (syllabus) which states:

"Between participants in a sporting event, only injuries caused by intentional conduct, or in some instances reckless misconduct, may give rise to a cause of action. There is no liability for injuries caused by negligent conduct. *(Marchetti v. Kalish*[1990], 53 Ohio St. 3d 95, _N.E. 2d_, approved and followed.)

"A player who injures another player in the course of a sporting event by conduct that is a foreseeable, customary part of the sport cannot be held liable for negligence because no duty is owed to protect the victim from that conduct."
Exhibit 31

 

Certifications

I, Richard Simpson, 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 Benchmark 2021-B23 Mortgage Trust (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 statement(s) 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:  Midland Loan Services, a Division of PNC Bank, National Association; CWCapital Asset Management LLC; KeyBank National Association; Situs Holdings, LLC; Park Bridge Lender Services LLC; U.S. Bank National Association; Wells Fargo Bank, National Association; Computershare Trust Company, National Association; CoreLogic Solutions, LLC; Rialto Capital Advisors, LLC; Pentalpha Surveillance LLC; and Wilmington Trust, National Association.

Date:March 30, 2022

|  | /s/ Richard SimpsonRichard SimpsonPresident, Citigroup Commercial Mortgage Securities Inc.(senior officer in charge of securitization of the depositor) |
|--|---------------------------------------------------------------------------------------------------------------------------------------------------------|

Benchmark 2021-B23 Certifications
```

[Federal Register: September 7, 2010 (Volume 75, Number 172)]
[Notices]               
[Page 54299-54300]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se10-16]                         

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

COMMISSION ON CIVIL RIGHTS

 
Agenda and Notice of Public Meeting of the New Hampshire State 
Advisory Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights and the Federal 
Advisory Committee Act, that briefing and planning meetings of the New 
Hampshire State Advisory Committee

[[Page 54300]]

will convene at 1 p.m. on September 21, 2010, in the auditorium at the 
Manchester City Library, 405 Pine Street, Manchester, NH 03104. The 
purpose of the briefing meeting is to examine government and community 
responses to changing demographics. The purpose of the planning meeting 
is to discuss future activities of the Committee.
    Members of the public are entitled to submit written comments; the 
comments must be received in the regional office by October 21, 2010. 
Written comments may be mailed to the Eastern Regional Office, U.S. 
Commission on Civil Rights, 624 Ninth Street, NW., Suite 740, 
Washington, DC 20425. They may be faxed to 202-376-7748, or e-mailed to 
ero@usccr.gov. Persons who desire additional information may contact 
the Eastern Regional Office at 202-376-7533.
    Hearing-impaired persons who will attend the meetings and require 
the services of a sign language interpreter should contact the Eastern 
Regional Office at least ten (10) working days before the scheduled 
date of the meeting.
    Records generated from these meetings may be inspected and 
reproduced at the Eastern Regional Office, as they become available, 
both before and after the meeting. Persons interested in the work of 
this advisory committee are directed to the Commission's Web site, 
http://www.usccr.gov, or may contact the Eastern Regional Office at the 
above email or street address.
    The meeting will be conducted pursuant to the rules and regulations 
of the Commission and FACA.

    Dated in Washington, DC, September 1, 2010.
Peter Minarik,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. 2010-22150 Filed 9-3-10; 8:45 am]
BILLING CODE 6335-01-P
```