alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 March 1, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41682 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ANTONIO ALTATO-PUES, also known as Lucho Gatica-Rodriguez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:03-CR-1770-ALL

-------------------- Before JOLLY, DAVIS and OWEN, Circuit Judges.
PER CURIAM: * Antonio Altato-Pues (Altato) appeals the sentence imposed upon his guilty-plea conviction for transporting illegal aliens via motor vehicle into the United States. See 8 U.S.C. § 1324. Altato argues that under United States v. Booker , 543 U.S. 220 (2005), the district court was not authorized to increase his sentence based on its factual finding that he recklessly endangered the lives of his alien passengers. Both theNo. 04-41682 -2- Government and Altato contest whether Altato admitted the facts supporting the reckless endangerment adjustment. However, neither party provided this court with a transcript of the rearraignment proceeding. Absent the transcript, this court cannot review this claim. See e.g. , United States v. Holmes , 406 F.3d 337, 366 & n.49 (5th Cir.), cert. denied , 126 S. Ct. 375 (2005). The district court, however, committed “Fanfan” error by sentencing Altato pursuant to a mandatory guidelines scheme. See United States v. Walters , 418 F.3d 461, 463-64 (5th Cir. 2005). The Government concedes that Altato preserved his Fanfan claim. As such, this court reviews the claim for harmless error. See Walters , 418 F.3d at 464. This court has rejected the argument that a Fanfan error is structural. See Walters , 418 F.3d at 463. There is no indication in the record that the district court would have imposed the same sentence had the guidelines been advisory rather than mandatory. The Government has not satisfied its burden of showing that the district court’s Fanfan error was harmless beyond a reasonable doubt. See Walters , 418 F.3d at 463-64. Accordingly, we vacate the sentence and remand for resentencing in accordance with Booker

. This court need not address at this time Altato’s remaining argument challenging the district court’s denial of his request for a downward departure. See United States v. Akpan , 407 F.3d 360, 377 n.62 (5th Cir. 2005).No. 04-41682 -3- SENTENCE VACATED AND REMANDED.
<PAGE>
 
                                                            EXHIBIT 11



                 KENT ELECTRONICS CORPORATION AND SUBSIDIARIES
                       COMPUTATION OF EARNINGS PER SHARE
                     (In thousands, except per share data)


                                        Thirteen Weeks Ended
                            ---------------------------------------------
                                  June 28,                June 29,
                                    1997                    1996
                            -------------------     ---------------------
                                         Fully                     Fully
                            Primary     Diluted     Primary       Diluted
                            -------     -------     -------       -------
 
 
Net earnings..............  $ 8,775     $ 8,775     $ 9,431       $ 9,431
                            =======     =======     =======       ======= 
Weighted average number of
 common shares outstanding    26,257     26,257      26,043        26,043
 
Excess of shares issuable
 upon exercise of stock
 options over shares
 deemed retired utilizing
 the treasury stock method    1,505       1,912       1,549         1,584
                            =======     =======     =======       ======= 
                             27,762      28,169      27,592        27,627
                            =======     =======     =======       ======= 
Earnings per share........  $   .32     $   .31     $   .34       $   .34
                            =======     =======     =======       =======
HomeOffice of the SpokespersonPress Releases...Samoa Independence Day

# 									Samoa Independence Day							

Press Statement

Antony J. Blinken, Secretary of State

May 31, 2024

On behalf of the United States of America, I extend my heartfelt congratulations to the Independent State of Samoa on the occasion of your 62nd anniversary of independence on June 1.

The United States cherishes the enduring partnership we share with Samoa, founded on our shared values and commitment to upholding fundamental freedoms. Our close relationship continues to strengthen, fostering prosperity and cooperation between our nations.

We remain committed to collaborating with Samoa in addressing the pressing challenges posed by the climate crisis, nurturing economic growth, and promoting the rule of law to ensure peace and stability both regionally and globally.

In the coming years, we hope to further deepen the friendship and partnership between our peoples. May this national celebration be filled with joy and unity for all the people of Samoa.

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EXHIBIT
32



CERTIFICATIONS
PURSUANT TO

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

(18
U.S.C. SECTION 1350)



In
connection with the quarterly report of Cala Corporation on Form 10-Q
for the quarter ended June 30, 2010, as filed with the Securities and
Exchange Commission (the "Report") Joseph Cala, Chief
Executive Officer and Chief Financial Officer of the Company, does
hereby certify, pursuant to §906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. §1350), that to his 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 operation
of the Company.



|Date:  June 15, 2011 | By: /s/ Joseph Cala                                           
|-------------------- | --------------------------------------------------------------
|                     | Joseph Cala                                                   
|                     | Principal
			Executive Officer and Principal Financial Officer



This
certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by the Sarbanes-Oxley Act of 2002, be deemed filed by the
Company for purposes of Section 18 of the Securities Exchange Act of
1934, as amended.
[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Notices]
[Page 51612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24172]



[[Page 51612]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Cancer Institute Special Emphasis Panel, November 4, 2009, 8 a.m. to 
November 5, 2009, 5 p.m., Bethesda North Marriott Hotel & Conference 
Center, Montgomery County Conference Center Facility, 5701 Marinelli 
Road, North Bethesda, MD 20852 which was published in the Federal 
Register on August 21, 2009, 74FR42315.
    This Federal Register Notice is being amended to reflect a change 
in the name of the committee to ``Application of Emerging Technologies 
and Biospecimen Science for Cancer Research'' and not as otherwise 
stated. The meeting is closed to the public.

    Dated: October 1, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-24172 Filed 10-6-09; 8:45 am]
BILLING CODE 4140-01-P
#### Askew *v.*The State.

*Violating Prohibition Law.*

(Decided December 17, 1912.

60 South. 455.)

*Appeal and Error; Qtiestions Revieioable ; Motion in Arrest of Judgment.*— This court will not review a motion in arrest of judgment which undertakes to present objections to the indictment on grounds going to the formation of the grand jury which found it as that matter can be presented only by plea in abatement; nor will it review the court’s action on a motion to quash an indictment not shown by the record or otherwise disclosed.

Appeal from Baldwin Circuit Court.

Heard before Hon. Samuel B. Browne.

Clem Askew was convicted of violating the prohibition law, and he appeals.

Affirmed.

Leslie Hall, for appellant. No brief reached the Reporter.

R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State.

The motion to quash the indictment is not set out in the record, and therefore, cannot be *reviewed.*— McQueen *v. The State,*188 Ala. 63; *Gaines v. The State,*149 Ala. 29; *Lacy v. The State,*154 Ala. 65. The motion in arrest of judgment based on matters going to the forma*23tion of the grand jury which found the indictment will not be considered, as this may be raised only by plea in *abatement.*— Mallies *v. The State,*3 Ala. App. 7; *Thornton v. The State,*59 South. 234; Acts 1909. p, 315.

WALKER, P. J.

The ruling on the defendant’s motion to quash the indictment cannot be reviewed, as the record does not set out the motion or otherwise disclose the grounds of *it.*— McQueen *v. State,*138 Ala. 63, 65 South. 39; *Lacey v. State,*154 Ala. 65, 45 South. 680.

The court was not in error in overruling the motion in arrest of judgment. That motion undertook to present objections to the indictment on grounds going to the formation of the grand jury which found it. This is permitted to be done only by plea in abatement. — Section 23, Jury Law (Acts Special Session 1909, p. 315) ; *Thornton v. State,*4 Ala. App. 205, 59 South. 234.

Affirmed.
79–008

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–603

PROVIDING FOR THE CONSIDERATION OF H.R. 1106, THE

ALTERNATIVE WATER SOURCES ACT OF 1999

MAY 2, 2000.—Referred to the House Calendar and ordered to be printed

Mr. GOSS, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 485]

The Committee on Rules, having had under consideration House

Resolution 485, by a nonrecord vote, report the same to the House

with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 1106, the

Alternative Water Sources Act of 1999, under an open rule. The

rule provides one hour of general debate divided equally between

the chairman and ranking minority member of the Committee on

Transportation and Infrastructure.

The rule waives clause 4(a) of rule XIII (requiring a three day

layover of the committee report) against consideration of the bill.

This waiver is necessary because the report was filed on Tuesday,

May 2, and the bill may be considered as early as May 3. The rule

makes in order the Committee on Transportation and Infrastructure amendment in the nature of a substitute, now printed in the

bill, as an original bill for the purpose of amendment, which shall

be open for amendment at any point.

Members who have pre-printed their amendments in the Congressional Record prior to their consideration will be given priority

in recognition to offer their amendments if otherwise consistent

with House rules. The rule allows the Chairman of the Committee

of the Whole to postpone votes during consideration of the bill and

to reduce voting time to five minutes on a postponed question if the

vote follows a fifteen minute vote. Finally, the rule provides for one

motion to recommit, with or without instructions.

Æ
§ 205.8 Change in terms notice; error resolution notice. ( a ) *Change in terms notice* — ( 1 ) *Prior notice required.* A financial institution shall mail or deliver a written notice to the consumer, at least 21 days before the effective date, of any change in a term or condition required to be disclosed under § 205.7(b) if the change would result in: ( i ) Increased fees for the consumer;
( ii ) Increased liability for the consumer;
( iii ) Fewer types of available electronic fund transfers; or
( iv ) Stricter limitations on the frequency or dollar amount of transfers.
( 2 ) *Prior notice exception.* A financial institution need not give prior notice if an immediate change in terms or conditions is necessary to maintain or restore the security of an account or an electronic fund transfer system. If the institution makes such a change permanent and disclosure would not jeopardize the security of the account or system, the institution shall notify the consumer in writing on or with the next regularly scheduled periodic statement or within 30 days of making the change permanent.
( b ) *Error resolution notice.* For accounts to or from which electronic fund transfers can be made, a financial institution shall mail or deliver to the consumer, at least once each calendar year, an error resolution notice substantially similar to the model form set forth in appendix A of this part (Model Form A-3). Alternatively, an institution may include an abbreviated notice substantially similar to the model form error resolution notice set forth in Appendix A of this part (Model Form A-3), on or with each periodic statement required by § 205.9(b).
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Human Genome Research Institute Special Emphasis Panel; 1000 Genomes Project Dataset Analysis.                    

*Date:*                         October 26, 2009.                    

*Time:*                         2 p.m. to 6 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         NHGRI Library, 5635 Fishers Lane, Rockville, MD 20852.                    

*Contact Person:*                         Keith McKenney, PhD, Scientific Review Officer, NHGRI, 5635 Fishers Lane, Suite 4076, Bethesda, MD 20814. 301-594-4280.                         *mckenneyk@mail.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS)

Dated: September 29, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-24204 Filed 10-6-09; 8:45 am]

BILLING CODE 4140-01-P
NORTHEAST NATIONAL PETROLEUM RESERVE - ALASKA 

DRAFT SUPPLEMENTAL INTEGRATED ACTIVITY PLAN/ 

ENVIRONMENTAL IMPACT STATEMENT 

Lead Agency: U.S. Department of the Interior, Bureau of Land Management 

Proposed Action: Northeast National Petroleum Reserve – Alaska Supplemental Integrated

Activity Plan/Environmental Impact Statement for certain lands within the 

North Slope Borough, Alaska. 

Abstract: The Bureau of Land Management is proposing to supplement its 2005 

Northeast National Petroleum Reserve-Alaska (NPR-A) Amended Integrated 

Activity Plan/Environmental Impact Statement (IAP/EIS). The Amended 

IAP/EIS and this supplement are designed to address the Nation’s need for

production of more oil and gas through leasing lands in the Northeast NPR-A 

in addition to those lands made available to leasing by the 1998 Record of

Decision for the Northeast NPR-A IAP/EIS. This supplement considers four 

alternatives. The alternatives offer a range of options for the amount of lands 

that would be made available for oil and gas leasing, from 87 percent to 100

percent of the approximately 4.6 million acres in the Northeast NPR-A. In

addition, the alternatives offer two types of mitigation for impacts to 

resources⎯prescriptive and performance-based. The IAP/EIS evaluates the 

potential effects to air quality, paleontological resources, soil, water 

resources, vegetation, wetlands and floodplains, fish, wildlife, threatened and 

endangered species, cultural and subsistence resources, sociocultural 

systems, environmental justice, coastal zone management, recreation, visual 

resources, public health, and the economy. The alternatives propose a range

of land allocations as well as stipulations and required operating procedures

to mitigate impacts to resources and their uses. 

Further Contact Jim Ducker at (907) 271-3130 or via mail at Bureau of Land 

Information: Management, Alaska State Office, 222 West 7th Avenue, Anchorage, Alaska 

99513-7599.
#### Tombigbee Valley Railroad Company *v.*Wilks.

*Injury to Stock.*

(Decided November 28, 1912.

60 South. 559.)

*Railroads; Injury to Stock; Variance; Oow; Ox.*— -Where the complaint alleged injuries to a cow and the proof showed injury to or killing of an ox, the variance was fatal, the word “cow” being used to indicate the f male and the ox the male of the bovine species.

Appeal from Washington Circuit Court.

Heard before Hon. John T. Lackland.

Action by Willis Wilks against the Tombigbee Valley Railroad Company, for damages for killing stock. Judgment for plaintiff, and defendant appeals.

Reversed and remanded.

Turner, Wilson & Tucker, for appellant.

There was a fatal variance between the allegation and the proof, the complaint alleging the killing of a cow, and the proof showing the killing of an ox. — 11 Cyc. 1185; 38 Barb. 56; 62 Pac. 968; 2 Words & Phrases, 1706; *Parker v. The State,*39 Ala. 365; *Watson v. The State,*55 Ala. 150

*474Joseph M. Pelham, Jr., for appellee.

There is nothing in the contention of the appellant that there is a variance between the pleading and the proof. — 11 L. R. A. 460; *A. G. L. R. R. Go. v. Dahlberg,*54 South. 170; *Wilson v. Smith,*111 Ala. 170; *So. Ry. v. Lee,*52 South. 649; *Stallings v. Whittaker,*55 Ark. 494.

WALKER, P. J.-

The complaint in each of its counts claimed damages for an alleged injury to a cow, the property of the plaintiff. The evidence offered was as to the injury to or killing of an ox belonging to the plaintiff. The word “cow” describes only a female bovine animal, and is not broad enough in its meaning to include an ox, which is a male of that species of animal. —Webster’s Dictionary; *Marsh v. State,*3 Ala. App. 80, 57 South. 387; *Brigham v. Bush,*33 Barb. (N. Y.) 596; *State v. McMinn,*34 Ark. 160; 2 Words and Phrases, 1706. An allegation of injury to one thing cannot be supported by evidence as to an injury to another and different thing. There was such a variance between the allegations and the proof in a material matter of description *(Johnson v. Whitfield & Pinckard,*124 Ala. 508, 27 South. 406, 82 m. St. Rep. 196) as to render improper the giving by the court of the general affirmative charge in his behalf, requested by the plaintiff.

Reversed and remanded.
**
**Exhibit 33.6**

**Management’s Assessment of Compliance with Applicable Servicing Criteria**

1. Carvana Receivables Depositor LLC (the “Depositor”), as depositor, is responsible for assessing compliance with the Applicable ServicingCriteria (defined below) as of December 31, 2021, and for the year ended December 31, 2021 (the “Reporting Period”). The transactions covered by this report consist of all asset-backed securities transactions for which theDepositor acted as depositor involving a pool of fixed rate retail installment contracts used to finance the purchase of used cars and light trucks (the “Platform”). The asset-backed securities transactions included in the Platformare set forth in Appendix A hereto. 

2. The Depositor used the criteria set forth in paragraph (d) of Item 1122 of Regulation AB to assessits compliance with the following servicing criteria set forth in paragraph (d) of Item 1122 of Regulation AB (collectively, the “Applicable Servicing Criteria”): (1)(i), (1)(iii), (3)(i)(C), and (d)(4)(iii). All otherservicing criteria set forth in paragraph (d) of Item 1122 of Regulation AB are inapplicable to the Depositor based on the activities it performs with respect to the Platform. 

4. The Depositor has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2021 and for the Reporting Period withrespect to the Platform taken as a whole. 

5. Grant Thornton LLP, an independent registered public accounting firm, has issued an attestation report on theDepositor’s assessment of compliance with the Applicable Servicing Criteria as of December 31, 2021 and for the Reporting Period. 

March 25, 2022 

 
Carvana Receivables Depositor, LLCBy: 
/s/ Mike McKeever
Name: Mike McKeeverTitle: President (senior officer in charge of securitization)**

Appendix A 

Carvana Auto Receivables Trust 2020-P1

Carvana Auto Receivables Trust 2021-N1

Carvana Auto Receivables Trust 2021-P1

Carvana Auto Receivables Trust 2021-N2

Carvana Auto Receivables Trust 2021-P2

Carvana Auto Receivables Trust 2021-N3

Carvana Auto Receivables Trust 2021-P3

Carvana Auto Receivables Trust 2021-N4

Carvana Auto Receivables Trust 2021-P4

 
2
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 05-623 

________________________________________________________________________ 

METEOROLOGY 

 Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and the RUSSIAN FEDERATION 

Signed at Geneva June 23, 2005 

with 

Annexes 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 RUSSIAN FEDERATION 

 Meteorology 

 Memorandum of understanding signed 

 at Geneva June 23, 2005; 

 Entered into force June 23, 2005. 

 With annexes. 





NOTE: Signed at Geneva.